Niagara County Judge Sara Sheldon declared a mistrial Friday after a jury deliberated for six days but remained deadlocked on whether Anthony L. Butler of Niagara Falls raped a woman May 12 in a house on Niagara Street in the Falls.
The jury had twice sent in notes saying they were deadlocked on the first-degree rape charge. First Assistant District Attorney Holly E. Sloma said the end came when one of the jurors said he could no longer continue. Sheldon had excused the alternate jurors Thursday afternoon.
Sloma said she intends to retry Butler. Co-defense attorney Brian J. Hutchison said a pretrial conference will be held Tuesday.
Butler, 37, is a registered sex offender for an incident in 2001 in Rochester involving a 12-year-old girl.