Mistrial Declared in Burgos Case

After in a case that dates back nearly a decade, it just two days to determine that it had no chance of reaching a unanimous verdict on the two sex charges facing former Tam tennis coach Norm Burgos.

The case was declared a mistrial Wednesday as the result of a hung jury on both counts. The jury split 8-4 in favor of acquittal on the charge of lewd and lascivious conduct, and reversed itself to go 8-4 in favor of guilt on the charge of sexual battery.

The jury reported to Marin Superior Court Judge Paul Haakenson on Tuesday that it was at an impasse, and Haakensn ordered the panel to resume deliberations. The jury returned Wednesday to report that it be unable to come to a unanimous decision.

Prosecutor Lori Frugoli declined to comment on the specifics of the decision, but said she will speak to Burgos' accusers before deciding whether to retry the case. The parties will appear before Haakenson on Dec. 13 to decide how to proceed.

Defense attorney Douglas Horngrad said that he and Frugoli met with the 12 jurors informally in the courtroom after Haakenson declared a mistrial.

"Based on what the prosecutor and I heard from the jurors today, I would be very surprised if the DA decided to retry this case," Horngrad said.

Burgos, 46, faced charges in connection to two Tam students but Frugoli sought to connect those charges to the uncharged allegations of three other students. The first count, of lewd and lascivious conduct, relates to an alleged body fat test performed in 2001 on a Tam student who claims Burgos touched his genitals.

The second charge, of sexual battery by unlawful restraint, stems from one of Burgos' former tennis protégés' claims that Burgos touched his genitals while giving him sports massages at Tam. Burgos faced up to six years in prison if he had been convicted of both crimes.

The 12-member jury hhad been whittled down from an initial pool of 1,200 potential jurors. Six men and six women were seated, along with four alternates who were sent home last Friday afternoon following closing arguments. Late Friday afternoon, Haakenson praised the quality of both the jury and the attorneys in the case, indicating that it had been one of the best trials over which he had presided.

In last Friday, Frugoli painted Burgos as a powerful coach who took advantage of at least five young boys under the guise of body fat tests and sports massages, while defense attorney Douglas Horngrad said Burgos was the victim of a homophobic domino effect over many years, with one accusation lighting the fuse for the next.

"This case is about doubt," he said. "If you find any doubt…you are required to give Norm Burgos the benefit of that doubt."

Horgrad also attempted to show a direct correlation between the allegations and the time that Burgos' homosexuality became known at Tam, soon after he attended an awards banquet with his then-longtime partner in 2001. He said that although all of the accusers didn't know one another, rumors of Burgos' sexuality grew at the school and fueled the accusations.

The case began Oct. 22. and featured testimony from four of the five accusers, a number of supporters of Burgos and experts on topics such as body fat testing devices. Burgos, who also was a Tam physical education teacher, was put on compulsory leave in 2006 and fired by the Tamalpais Union High School District two years later. He is appealing his termination.

Burgos has a sizable base of supporters among former students and players and their parents. Several of them gathered in court today to hear the news of a mistrial.

"I am still 100 percent behind Norm," said Julie Chun, a Burgos supporter. "The charges stem from what I believe to be fabrications that have been emphasized over the years."