Leech case ends in mistrial

A 12-member jury was unable to reach a verdict in the case of an Angola man who was accused of 17 counts of third-degree unlawful sexual contact.

A mistrial was declared in Delaware Superior Court in Georgetown Jan. 31 in the case of Robert Leech, 52, after the jury was unable to reach a verdict on all 17 counts. 

The jury got the case around 1:30 p.m., Jan. 30, after a nearly week-long trial, and had reached agreement on 10 of the 17 counts after three hours of deliberation. Judge Mark Conner asked the jury to come back Jan. 31, and after six more hours, a mistrial was declared. 

The Attorney General’s Office will now have to determine whether to retry Leech with a different jury. Delaware Department of Justice spokeswoman Caroline Harrison said, “We're still deciding on next steps at this time.”

Prosecutors alleged that Leech, a certified massage technician, had touched the breasts, buttocks and genitals of nine female clients during full-body massages at his Angola home studio. The state alleged that Leech had touched these clients in those areas without their consent and beyond what would be considered normal massage treatment. 

While third-degree unlawful sexual contact is a misdemeanor, Leech was facing a maximum of one year in prison on each count, meaning he could have been sentenced to a maximum of 17 years in prison if convicted. 

For his part, Leech, who testified in his own defense, argued that he did not touch the breasts or genitals of any of his clients, that all of his massages were within normal practice and that he explained his procedure to the client before each massage. Leech’s attorney, John Garey, also called three other female clients of Leech’s who testified to Leech’s adherence to protocol, as well as a retired massage technician, Christopher Asay, who testified that what Leech was doing was normal massage procedure.