Mallo retrial will continue next week
REED CITY — A verdict could be in as soon as Monday with the retrial of Francis Brent Mallo moving along quickly.
On Friday, Judge Michael Matuzak dismissed jurors for the weekend around 2:20 p.m., with the defense planning to call its final witnesses on Monday. Once the defense has rested, closing arguments will be given by both sides and deliberations can begin.
Mallo, of Loudon, Tenn., formerly of Evart, is charged with three counts of first-degree criminal sexual conduct. Mallo is accused of a sexually assaulting a girl in the early 1990s when the girl was 11 and 12 years old. The victim often worked as a babysitter for Mallo’s children, and claims assaults would occur regularly at multiple locations in Evart.
Mallo was previously tried on these CSC charges in December, but Osceola County 49th Circuit Judge Scott Hill-Kennedy declared a mistrial when the jury could not reach a unanimous verdict.
Osceola County Prosecutor Tyler Thompson rested his case on Friday morning, after the victim in this case, as well as another from a separate case, testified for the prosecution on Thursday.
For the defense, Mallo's former co-workers and his son testified on Friday. The defense also called Osceola County Sheriff's Office Deputy Larry Start to take the stand.
The trial will resume at 9 a.m. on Monday in Osceola County’s 49th Circuit Court. Eight days were set aside for the trial, if necessary, with the possibility of proceedings lasting until Thursday, June 4. However, the trial could conclude sooner with everything moving ahead of schedule.