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Second mistrial declared in former South Hadley man’s child rape case

  • Guy Bush Jr., 47, of Grand Island, New York, formerly of South Hadley, enters the room in Hampshire Superior Court April 27, 2017 at the end of a full day of jury deliberations regarding charges against him of child rape and indecent assault. After several days of jury deliberations, Judge Mary-Lou Rup declared a mistrial on Monday. 

  • Guy Bush Jr., 47, of Grand Island, New York, looks back toward family members following his bail hearing in Hampshire Superior Court in Northampton on Monday, May 1, 2017. A 12-member jury told Hampshire Superior Court Judge Mary-Lou Rup that they could not and would not reach a unanimous verdict in the child rape trial of the former South Hadley man. —GAZETTE STAFF / KEVIN GUTTING

  • Tara McLean and Joey Bush rise at the conclusion of a bail hearing for their brother, Guy Bush Jr., 47, of Grand Island, New York, after a mistrial was declared in the child rape trial of the former South Hadley man in Hampshire Superior Court in Northampton on Monday, May 1, 2017. —GAZETTE STAFF / KEVIN GUTTING

  • Hampshire Superior Court judge Mary-Lou Rup addresses Guy Bush Jr., of Grand Island, New York, and his attorney during his bail hearing on Monday, May 1, 2017. Rup declared a mistrial in the child rape trial of the former South Hadley man after a 12-member jury told her that they could not and would not reach a unanimous verdict. —GAZETTE STAFF / KEVIN GUTTING

  • Attorney David Mintz listens as Assistant Northwestern District Attorney Caleb Weiner represents the Commonwealth in a bail hearing for Mintz' client, Guy Bush Jr. of Grand Island, New York, on Monday, May 1, 2017, in Hampshire Superior Court in Northampton. A mistrial was declared in the child rape trial of the former South Hadley man, after a 12-member jury told Hampshire Superior Court Judge Mary-Lou Rup that they could not and would not reach a unanimous verdict. —GAZETTE STAFF / KEVIN GUTTING

  • A mistrial has been declared in the child rape trial of Guy Bush Jr., 47, of Grand Island, New York, formerly of South Hadley, after a 12-member jury told Hampshire Superior Court Judge Mary-Lou Rup that they could not and would not reach a unanimous verdict Monday morning, May 1, 2017. —GAZETTE STAFF / KEVIN GUTTING

  • Guy Bush Jr., 47, of Grand Island, New York, sits with his attorney, David Mintz, left, during a bail hearing on Monday, May 1, 2017, in Northampton. A mistrial was declared in the child rape trial of the former South Hadley man after a 12-member jury told Hampshire Superior Court Judge Mary-Lou Rup that they could not and would not reach a unanimous verdict. —GAZETTE STAFF / KEVIN GUTTING

  • Guy Bush Jr., 47, of Grand Island, New York, sits with his attorney, David Mintz, right, during a bail hearing on Monday, May 1, 2017, in Northampton. A mistrial was declared in the child rape trial of the former South Hadley man, after a 12-member jury told Hampshire Superior Court Judge Mary-Lou Rup that they could not and would not reach a unanimous verdict. —GAZETTE STAFF / KEVIN GUTTING



@ecutts_HG
Monday, May 01, 2017

NORTHAMPTON — After jurors told a Hampshire Superior Court judge Monday morning they were unable to agree on the guilt of a former South Hadley man accused of child rape, a mistrial was declared for the second time in the case.

“Returning to the courthouse this morning has reiterated our differences … ” the jury told the judge through a note. “We conclude this jury cannot and will not reach a unanimous verdict.”

Guy Bush Jr., 47, of Grand Island, New York, pleaded not guilty to charges of forcible rape of a child and three counts of indecent assault and battery on a child under 14. He was arraigned on the charges in October 2014. His first trial ended in a mistrial in May 2016.

“Certainly, they have given due and thorough time to their deliberations,” Judge Mary-Lou Rup said.

Neither attorney argued with Rup’s declaration of a mistrial.

Between Wednesday afternoon, when attorneys finished their closing statements and the close of the day Thursday, the jury had been deliberating for about 12½ hours.

They deliberated for about an hour and a half Monday morning. Twice on Thursday, jurors informed the judge they were having difficulty reaching a unanimous decision.

As the judge read the note, the alleged victim, now a 20-year-old woman, began to cry. Bush’s family sat behind him in the audience, mostly expressionless through the proceeding, although a few shed tears.

Over the course of the two-day trial, the girl, now 20, took the stand to testify as well as two South Hadley Police officers and a research psychologist.

Following the mistrial, Bush’s attorney, David Mintz, requested a bail review hearing. Bush has been in custody for 935 days.

When he was originally arraigned on the charges in 2014, bail was set at $100,000. After the mistrial in May 2016, bail was reduced to $25,000.

Assistant Northwestern District Attorney Caleb Weiner requested that bail be set at $10,000, arguing that it was still warranted and including Bush’s New York residence among his reasons.

In arguing for the bail, Weiner told the judge there were jurors who were satisfied beyond a reasonable doubt that Bush was guilty.

Mintz disagreed with Weiner’s assessment of Bush’s ties to the community, saying his family has been at every day of the trial and has been visiting him in jail.

“I think that if there is a silver lining to what is otherwise a significant cloud, he has been able to reconnect (with) his family,” Mintz said.

In the time he has been incarcerated, Mintz said, Bush has changed.

“A man changes no matter what their history is when you have been in jail for almost three years with this kind of level of stress,” Mintz said. “Mr. Bush has had a lot of time to think what his life has been like and what he would like it to be in in the future.

“He is not the same man who has come before the court before. I think that he is committed to seeing this through. His future depends on it no matter what decisions are made going forward.”

Rup ordered bail set at $4,000, which Mintz said was $1,000 more than the family could afford.

Following the judge’s ruling, Aiyana Bush, Guy Bush Jr.’s sister, said she was sad and disappointed.

“I’m disappointed and I just hope the district attorney doesn’t go through with another trial,” Tara McLean, another of Bush’s sisters said. “Because I will be here again, every day, by his side, again and again, advocating for his innocence.”

She said the family was working to get bail money so Bush could come home.

“He’s been in there too long,” McLean said.

Of the jurors’ inability to come to a unanimous conclusion, McLean said it was shocking.

“It’s shocking because the inconsistencies in her story,” she said. “They were right there and somehow the jury saw past that and felt sorry for her. If the jury only knew.

“The truth never changes. Unlike her stories,” McLean added.

It is unclear if the district attorney will pursue a third trial. A hearing is scheduled for May 16.

Emily Cutts can be reached at ecutts@gazettenet.com.