A mistrial was declared Wednesday afternoon in the criminal sexual conduct trial of George G. Thomas.

District Judge Donald E. Rysavy discharged the jury immediately after announcing the mistrial in open court Wednesday.

The judge based his decision on the fact that "certain material evidence" necessary for the defense of Thomas was missing.

"The court has determined it would be unfair to the defendant to proceed," Rysavy said.

Saying also both the U.S. Constitution and the rules of law applied, Rysavy excused the jurors, who left the courtroom immediately.

Rysavy gave defense attorney Karen Duncan and prosecutor Patrick W. Flanagan two weeks to submit written briefs before oral arguments will be heard whether or not to retry the case.

Thomas, 53 and now staying in Rochester, was charged with four counts of first degree criminal sexual conduct.

A now-17-year-old teenage female told a therapist at Gerard of Minnesota in February 2002 she had sex with Thomas at a private apartment in May 2001, when she was 15-years-old and three months pregnant.

At the time, Thomas was a well-known Austin civic leader, who was employed as outreach coordinator for the Welcome Center that assists new immigrants to Austin.

The teenager was a participant in an after-school cultural diversity class conducted by Thomas at the Welcome Center in the Austin Professional Services building at the time of the alleged incident.

After Wednesday's abrupt conclusion to the jury trial which began Monday, Flanagan appeared to be disappointed and angry.

"The judge made the determination. That's his call," Flanagan said.

Flanagan refused to place any blame on investigators or Mower County Third Judicial District Court personnel.

"It's our responsibility as a whole," he said.

Flanagan plans to call a meeting with Austin Police Chief Paul M. Philipp, Mower County Sheriff Terese Amazi and the "custodians of records."

Flanagan said he would personally notify the teenager about the case's outcome.

Flanagan was not sure whether the case would be retried.

"There's a lot to consider, not the least of which is the victim," he said.

Flanagan said the teenager "has been through a lot."

"Why she would have to relive all that has happened all over again could only add insult to injury," he said.

For more reaction to the judge's decision, turn to Page 2

Lee Bonorden can be contacted at 434-2232 or by e-mail at lee.bonorden@austindailyherald.com