Mistrial for San Jose State athletic trainer accused of sexually assaulting female athletes

SAN JOSE, Calif. - A mistrial was declared Thursday in the case of San Jose State’s former head athletic trainer accused of sexually assaulting female athletes during treatment sessions.

The Mercury News reported that at least 10 of the 12 jurors believed Scott Shaw was guilty but one juror didn't believe federal prosecutors had proven their case.

Shaw, who worked as the Spartans' sports medicine director and head athletic trainer from 2008 to 2020 and as an associate director for two years before that, had been charged with six misdemeanor counts of abusing his authority by touching female athletes' breasts, buttocks and pelvic areas without a legitimate medical purpose.

Over days of emotional testimony, eight female athletes – representing five San Jose State women's sports teams – had taken the witness stand and described how Shaw reached inside their bras and underwear, rubbed their breasts and touched their nipples, butts and pelvic areas. 

Former swimmer Caitlin Macky, who was the first to complain about Shaw in 2009, told the Mercury News that she felt a combination of "anger and hopelessness" at the mistrial.

The jury deadlocked after four days of deliberations after a trial in the San Jose courtroom of U.S. District Judge Beth Labson Freeman.

Shaw had pleaded not guilty to six federal charges of violating the constitutional right to "bodily integrity" of four former athletes. He faced up to six years in prison.

Assistant U.S. Attorney Michael Pitman said his office would review whether to retry the case.