LANCASTER (WKOW) -- Prosecutors say they will retry the case of a man accused of trying to dig up a grave to have sex with a dead woman, after jurors deadlocked late Tuesday night.
The jury found 23-year-old Alex Grunke guilty of criminal damage to a cemetery and attempted misdemeanor theft, but deadlocked on attempted third-degree sexual assault.
Authorities allege that in 2006, Grunke, along with his twin brother, Nicholas Grunke, and 22-year old Dustin Radke, went to St. Charles Cemetery in Cassville to remove the body of a young woman killed a week earlier in a motorcycle accident.
Radke told investigators they had seen her obituary photo in the newspaper, and that Nicholas Grunke wanted to have sex with the body.
In July 2007, a state appeals court dropped sexual assault charges against the men, saying the legislature has never criminalized sex with a corpse.
But a year later, the state Supreme Court ruled people can be charged with sexual assault when the victims are dead, and the charges were reinstated.