By Samuel Maull
The Associated Press

NEW YORK - Jurors considering sex abuse charges against Kentucky's former juvenile justice commissioner ended their first day of deliberations Friday without a verdict and after telling the judge twice that they were deadlocked.

Ralph E. Kelly, 65, is accused of sexually groping one of two 21-year-old men who accompanied him to New York City last fall. Kelly was in the city to attend a football game and see friends, and the young men came along as tourists.

Judge A. Kirke Bartley Jr. denied a motion by Kelly's lawyer, Stephen Flamhaft, for a mistrial and told the jurors to return to court to resume deliberations Monday.

Kelly is charged with third-degree sex abuse and forcible touching, both misdemeanors, and faces up to a year in jail if convicted. He is free without bail.

The jury of five men and one woman began deliberating the charges against Kelly about 1 p.m. after a four-day trial in Manhattan's Criminal Court. At 4 p.m. they sent out their first note telling Bartley they were deadlocked.

"We have a 5-to-1 hung jury," the note read. "We are unable to reach a unanimous decision and it is highly doubtful that we will."

Bartley told the jurors to try again. They did, and shortly before 6 p.m. the jurors sent out another note declaring that "after intensive discussions" they were deadlocked and "we believe that further deliberations would be futile."

Earlier in the day the jury had heard the lawyers closing arguments.

Flamhaft noted the complainant's physical condition at the time of incident - drunk, nauseous and nearly asleep - and asked the jury to consider whether he simply imagined that Kelly had touched him.

Flamhaft said Kelly had risen from "a humble background to achieve a long and distinguished career." He asked the jury to consider whether his client would risk his reputation and professional life in an incident such as this. And he asked the jury to "please clear Dr. Kelly's name."

Assistant District Attorney Anne-Marie Whelan called Kelly a liar and said the distinguished character witnesses who testified for him didn't know his other side.

"He's not out drinking shots and smoking dope with doctors and judges," Whelan said. She was referring to testimony by the two young men and Kelly that they went out drinking and smoked marijuana together, although Kelly said he didn't inhale.

"Do you really think he didn't inhale?" Whelan said to the jury.

"The defendant would have you believe that if you're smart, educated and successful you can't commit a crime," Whelan said. She asked the jury to "do what is right and hold Ralph Kelly responsible for his actions just as you would anyone else."

Kelly, who has worked in juvenile justice for nearly 40 years and has a national reputation, was forced to resign his $91,000-a-year position days after Kentucky Justice Secretary Ishmon Burks Jr. learned of the New York sex charges.

Kelly was recruited to become commissioner of the Department of Juvenile Justice when it was created in 1996. The agency operates a network of juvenile boot camps, detention centers, treatment centers and group homes.