2:22 p.m. update THe jury could not reach a verdict and Circuit Judge Brad Karren declared a mistrial.
A new trial is set for Sept.10.
Jury foreman told the judge that the last vote was 7 to 5 but he did not say how the panel was leaning.
BENTONVILLE — Brian Brandolini paced around a holding cell Friday morning as jurors deliberated over his fate.
He faces the possibility of spending the remainder of his life in prison.
Brandolini, dressed in a blue shirt and brownish pants, spent portions of Friday morning in the holding cell or the courtroom with his attorneys.
He is charged with five counts of rape, a Class Y felony, and three counts of sexual assault in the second degree, a Class B felony.
The 10 men and 2 women deliberated for three hours Thursday evening before Circuit Judge Brad Karren sent them home. They deliberated for another three hours before deliberations ended for a lunch break.
Brandolini, 41 of Bentonville was arrested Aug. 25, 2012. He was first taken into custody in Bakersfield, Calif. and later transported to the Benton County Jail.
A 17-year-old girl and her mother went to the Bentonville Police Department on Aug. 8, 2012 and reported that Brandolini had sexually abused the girl between 2005 to 2010, according to court documents.
The girl testified during the trial.
Her mother also was a witness during the proceedings. She told jurors that Brandolini had told her that he was sorry for touching the girl and sorry for making her touch him.
The mother admitted that she and her daughter confronted Brandolini at his home and attacked him before reporting the allegations to police.
Brandolini testified in his defense and denied ever touching the girl in a sexual manner. He claimed he left for California to visit his daughters and it wasn't an attempt to evade police.
Brandolini was also charged with sexual indecency with a child, a Class D felony, in connection with a 2003 allegation involving the same girl, but the girl recanted the claim.
The jury did not have to decide on the sexual indecency charge, because the judge dismissed the charge since the statute of limations had run to charge Brandolini with the Class D felony.
Brandolini testified that one of the girl's relatives attacked and beat him after the 2003 allegations.
Brandolini did not report either of the attacks to police.
The case was handled by deputy prosecutors from Washington County since the Benton County Prosecuting Attorney's Office recused from the case because Brandolini's mother works in the county's judicial system.