SIOUX FALLS, S.D. (KELO) — The jury in former massage therapist Kurt Smit’s trial could not reach a verdict and a judge declared a mistrial.
KELOLAND News is in the Minnehaha County Courthouse. Smit could have faced up to two years in prison, but the judge said the jury could not reach a reasonable probability on either counts. He faced two counts of sexual contact without consent. The jury told the judge more time would not help them reach a conclusion.
Judge Jonathan Leddige has overseen the trial and the courtroom was full Friday for the reading of the verdict.
KELO TV has covered Smit’s case when victims first told us about Smit’s alleged accusations. One woman said “He was very rough on my chest, he basically cupped both of my breasts with his bare hands, he did the same with my butt and got very close to my underwear line, which had never happened previously.”
Four women total have come forward with similar accusations. Smit testified on his own behalf and demonstrated a massage for the jury. Smit surrendered his license in May this year.
Smit’s defense said the jury had to prove that Smit’s touching was for sexual gratification. “You cannot assume that because Kurt is a man and these are women that it has to be sexual in nature.”
One massage therapist that testified said Smit was one of the best in the state and was always booked with clients.
Emotional reaction was seen in the gallery and outside the courtroom after the judge ruled.
