Ithaca, N.Y. — Prosecutors have not moved to retry former Cornell student Peter Mesko after a jury was unable to break a deadlock over a rape charge in his trial last month.

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Judge Joseph Cassidy gave the Tompkins County District Attorney’s Office until Friday to decide.

It wasn’t immediately clear what the judge’s deadline meant, however. Assistant District Attorney Wendy Franklin said in a brief interview on Friday that although the DA’s office has not yet moved for a retrial on the rape charge, it may still decide to do so.

As of shortly after 4 p.m. on Friday, no motion had been filed with the court officials in the Tompkins County Court. Court officials said they did not believe that Judge Cassidy’s deadline is binding.

Mesko, 23, was found guilty on the charges of sexual abuse and burglary. But after days of deliberations, the Tompkins County jury was unable to break a deadlock on the first-degree rape charge.

Mesko will return to court on March 27 at 3:30 p.m. to be sentenced on the two felony counts on which he was convicted.

See related: Prosecution in Cornell rape trial: ‘There is no manual for when you have been sexually assaulted’

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Jeff Stein

Jeff Stein is the founder and former editor of the Ithaca Voice.