VISTA, Calif. (AP) - Two Border Patrol agents have been cleared of public fondling during the intermission of a Cirque du Soleil show, but the jury deadlocked on a second count.
UT San Diego reports on Monday a jury deadlocked 11-1 in favor of acquitting agents 25-year-old Kallie Helwig and 35-year-old Gerald Torello of another lewd act during the performance of the acrobatic show.
Helwig told the court she wasn't feeling well during the show so she leaned over on Torello's lap to watch the show, propping her head on her hand, and occasionally leaned down to grab popcorn.
The jury deliberated all day Friday, until a juror became sick and was replaced Monday, forcing deliberations to start over.
Prosecutors have until March 1 to decide whether to retry the deadlocked charge.
Copyright 2013 The Associated Press modified.
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