Former teacher's life 'on hold' after mistrial in molestation case

RANCHO CUCAMONGA -- With a mistrial declared this week in his molestation case, James Andrew Megaw's life remains "on hold," according to his attorney.

Though a majority of jurors favored acquittal on at least three of four molestation counts, the former Upland teacher still faces the prospect of a second trial.

And Megaw's future plans -- including whether he will seek to return to the classroom -- will have to wait until his case is resolved, his attorney, Leonard Levine, said today.

"At this stage he has no plans because this case has not been resolved," Levine said. "And until this is resolved there's no way he can make any plans for the future."

After deliberating three days in West Valley Superior Court, the jury in Megaw's case, which included six men and six women, declared it was hopelessly deadlocked.

Five of Megaw's former students testified in his monthlong trial that the former Valencia Elementary School teacher touched them sexually in class. A sixth child testified that Megaw made a lewd comment to him in a school bathroom.

Megaw, of Rancho Cucamonga, faced four felony charges related to the allegations.

For charges associated with three of the alleged victims, a majority of jurors favored not guilty verdicts. For the remaining count, it was unclear whether the jury split favored guilt or acquittal.

A juror said in an interview after the hearing that the 8-4 jury split favored acquittal. But another juror said Friday that the split was in favor of guilt.

[Editor's note on July 19, 2010: The first juror was apparently mistaken when he said the jury favored acquittal on all four counts. Attorneys in the case confirmed the second jurors' statement that the jury favored guilt on count one.]

Levine said Megaw was pleased with the result of the trial, in which numerous character witnesses testified that they believed the allegations against Megaw were false.

"He was pleased," Levine said. "We were all pleased -- his friends, his family -- that a majority of jurors believed he was not guilty of these offenses."

The attorney also said he felt the jury deadlock was a "mixed bag" -- because he had hoped for a full acquittal.

Levine declined to comment when asked whether Megaw was open to taking a plea bargain. He said he hoped to get all the criminal charges against Megaw dismissed.

A pre-trial hearing in the case is scheduled for June 4.

Levine said he hasn't discussed the case with Megaw's prosecutor, Deputy District Attorney Jason Anderson, since the mistrial.

He said he believed the San Bernardino County District Attorney's Office would take at least a week or two before making a decision on whether to take Megaw's case before a second jury.

Anderson declined to comment on the case Thursday, and today did not respond to interview requests.