San Diego

All Charges Dropped for Ex-Navy Commander Accused of Attempted Rape

John M. Neuhart was scheduled for a third trial when a motion to dismiss all charges was granted by a San Diego judge on Friday

All charges have been dropped against a former U.S. Navy commander who was accused of attempting to rape a colleague in her home.

Ex-Commander John M. Neuhart II faced rape and attempted rape charges in connection with an incident at a junior female officer’s Valencia Park home on Sept. 12, 2016.

A motion to dismiss all charges was granted by a judge Friday. 

Neuhart was scheduled for a third trial after a judge denied a request to dismiss the criminal charges against him on May 2.

Juries have deadlocked twice on all charges against Neuhart. His first trial in December 2017 ended with the jury hung 11-1 for conviction on the alleged sex crimes.

A second trial this April -- with a new jury and a different judge -- was unable to reach a unanimous decision on three major counts and a mistrial was declared.

Neuhart has said on the stand that on Sept. 16, 2016, he was trying to get the woman, identified during court proceedings as "Kristin B.," to agree to sex even though she was so drunk she fell off a bar stool, could not walk straight and was slurring her words.

During the trials, two pieces of key evidence were presented to jurors -- a hotel surveillance video and a cell phone video that the defendant recorded at his colleague's home.

Armstrong said the Manchester Grand Hyatt surveillance video showed that Kristin and Neuhart were "…kissing, hugging and carrying on like a couple" in the hours before they went to the alleged victim’s home.

The prosecutor said Neuhart videotaped the encounter because he wanted a record of what he thought would be a sexual conquest.

The defense argued he shot the video because he wanted proof that any sexual activity was consensual.

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