Mistrial declared in the case of former SJSU athletic trainer accused of groping female athletes

Aikman Fang (@AikmanFang) – Spear Reporter

The federal criminal trial of Scott Shaw, former SJSU athletic trainer accused of inappropriately touching female athletes under the pretense of medical treatment, ended in a mistrial last Thursday afternoon.

After four days of deliberations, a jury of eight women and four men remained deadlocked on all six counts, according to the Mercury News.

During the two-week trial, eight female athletes – who represented five SJSU women’s sports teams – took the witness stand and testified how Shaw reached inside their bras and underwear, rubbed their breasts, grazed their nipples, and touched their bare buttocks and groins. 

Although the majority of the jurors had voted Shaw should be found guilty, two jurors – both female – held out on five of the counts, while one of them held out on the other count. The result was a hung jury.

Jeff Pickett, the jury foreman, told USA TODAY he believed those two jurors had already made up their minds that Shaw was not guilty from the moment deliberations began.

“As much time as I spent in there, I still don’t understand from a logical perspective and a review of the evidence what the reasoning was (of the jurors),” Pickett said

Since Shaw was not convicted or acquitted, the government can retry him on each count. Assistant U.S. Attorney Michael Pitman declined to comment on whether prosecutors would do so, but Shaw’s defense attorney, David Callaway, said, “It appears very much that they will retry the case.”

Allegations against Shaw go far back as 2009, however, the trial only included allegations from 2017 to 2020 due to the statute of limitations.

“I have a myriad of emotions – primarily rage,” said Caitlin Macky, a former SJSU swimmer who was one of the women who testified that Shaw sexually assaulted her.

“I feel just kind of like, not to sound dramatic, but a hopelessness in humanity. Sitting in the court and watching other people testify and knowing what the other women have gone through, I just cannot fathom not believing a survivor.”

As painful as it would be to have to testify against Shaw again if prosecutors retry the case, Macky said she would be willing.

“I’m kind of at a loss of understanding, but I think the only silver lining here is that (prosecutors) are willing to retry,” Macky said. “It just doesn’t make sense to give up on it now.”