Originally printed in The Los Angeles Times
Friday, October 26, 1990
A mistrial was declared Thursday in the trial of a bodyguard accused of raping a girlfriend of comedian Sam Kinison.
The Los Angeles Superior Court jury deliberated 2 1/2 days before announcing it was deadlocked, in favor of acquittal, on five felony counts of rape and sexual assault against Unway Carter, 22, of Greensville, S.C.
Carter was “very disappointed,” said his public defender, Barry Collins. The 6-foot-4-inch, 300-pound Carter, who was hired to protect Kinison, was charged with raping Kinison’s girlfriend on June 21 after bringing the couple home from a party. Kinison was asleep during the incident. Carter testified earlier this month that the 26-year-old woman consented to have sex with him.
Collins said seven of the 12 jurors believed Carter was innocent of four counts, and 10 thought he was innocent of the fifth count. Collins said prosecutors could take a week to decide whether to seek a retrial.