Van de Loo trial not over with two counts mistrialed

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EAU CLAIRE, Wis. (WEAU) - The trial of Eau Claire doctor David Van de Loo, accused of sexually assaulting 15 patients-- concluded Thursday. But with no verdict on two counts, the state has the choice on whether to bring him back to trial.

A jury could not agree on two counts that included 2nd Degree Sexual Assault and exposure; both felonies which carry a maximum sentence of more than 40 years in prison, if he were convicted.

The Eau Claire district attorney said Friday he doesn't know when he'll decide whether to bring the case back to trial.

Harry Hertel, a longtime Eau Claire lawyer who wasn't involved in this case, said the final poll of the jury in the two mistrialed cases can help prosecutors decide what to do next.

“(A mistrial case) simply reverts back to where it was after the arraignment when not guilty pleas were entered, and then a new trial gets scheduled if the state wants to prosecute,” Hertel said.

“How was the panel in the jury room voting? If it's six to six, it seems like you at least got half of the jury to agree with you.”

Hertel said a new jury could give a completely different response.

“A mistrial is not barred by double jeopardy. Even though there was a trial, the final verdict wasn't reached, so the person can be tried a second time or a third time, depending on how things go.”

WEAU reached out to Dr. Van de Loo Friday and he was unavailable for comment.

Hertel said there's no deadline on when a decision is needed to go to trial for the remaining charges.