The trial of a San Bruno man suspected of raping a seven-year old girl in 2008 has been postponed until February 25 due to jury misconduct.
One juror failed to reveal her own childhood abuse during voir dire and discussed it with the other jurors during deliberations, according to the San Mateo District Attorney’s Office on Monday. Furthermore, the judge found incompetence of counsel by the trial defense attorney during the course of the trial.
On August 13, 2008, suspect Marc Anthony Nichols, a 44-year old San Bruno man rented a San Bruno room in a home where a seven-year old victim and her mother lived, according to notes by the District Attorney’s Office.
Nichols and the girl were watching TV in the living room when Nichols grabbed her and fondled her chest.
The girl ran upstairs, and Nichols chased her and raped her, and fondled her further against her will.
The girl reported the assaults to her mother, who confronted Nichols. When Nichols tried to run from the house, the mother slashed his tires to prevent his escape.
Nichols then ran from the area, and was arrested the next day at the San Bruno Police station, where he went to report vandalism to his car.
Nichols posted bail and fled to Colorado in September 2008. In 2011, he was convicted of child molestation. Nichols remains out of custody on a $200,000 bail bond.