In October, a mistrial was declared when jurors couldn't reach a unanimous decision in the case.
SOMERVILLE -- The prosecution has decided to proceed with a retrial for a massage therapist accused of sexually assaulting a female client during a massage in 2013.
Massage therapist Raude Guerrier, of Orange is accused of sexually assaulting a female client. (Photo by Dave Hutchinson | NJ Advance Media for NJ.com)Raude Guerrier, 36, of Orange, will be re-tried on a charge of second-degree sexual assault. He's facing up to 10 years in prison if found guilty.
In October, Superior Court Judge Julie M. Marino declared a mistrial when jurors couldn't reach a unanimous decision after deliberating for more than five hours over two days in Somerset County.
Assistant Prosecutor Kathleen Holly informed the judge of the state's intention to re-try the case during a status conference on Friday.
"It's what we expected," said public defender Mark Imbriani.
The two sides will return to court on Dec. 18.
RELATED: Mistrial: Jurors can't decide if massage therapist sexually assaulted client
At around 8:30 p.m. on Sept. 30, 2013, Warren police responded to the Massage Envy on Mount Bethel Road for a report of a patron who said she was touched inappropriately during a massage, authorities said.
The woman told police that during a full-body massage Guerrier touched her vagina, authorities said.
During the first trial, Guerrier testified that he "misread" his customer's body language. He said the customer smiled, scratched the bottom of his hand and spread her legs apart at her feet.
Guerrier said he "got carried away" and put his finger inside the customer's vagina. The defense contended that the sex act was consensual.
According to testimony, when the customer asked if that was part of the massage, Guerrier removed his finger. The customer, however, remained on the table and continued receiving the massage, according to testimony.
Afterwards, Guerrier apologized to the patron, according to testimony. When police arrived, he acknowledged what had occurred, according to testimony.
Dave Hutchinson may be reached at dhutchinson@njadvancemedia.com. Follow him on Twitter @DHutch_SL. Find NJ.com on Facebook.
