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Defense for deputy accused of attempted rape asks for mistrial

Jason Nebergall (WPEC)

The woman accusing a Palm Beach County Sheriff’s deputy of sexually attacking her has concluded her testimony.

However, something she said prompted the defense to ask for a mistrial.

Deputy Jason Nebergall is on trial, fighting a charge of attempted rape.

According to the accuser, after deputies responded to calls at her home, Deputy Nebergall returned on his own, still in uniform.

The woman said Nebergall forced himself on her, pulling up her shirt, kissing, touching her, exposing himself, pulling down her underwear and thrust himself on her backside, stopping only when he said he needed a condom.

Nebergall insisted he never touched the woman, but Nebergall’s DNA was found on the woman’s chest. The swab from her rear end was ruled inconclusive.

Still, the woman mentioned that DNA swab during one of the contentious exchanges as the defense cross-examined her.

She said, “And now you guys saying DNA is not on my butt. But it was on my butt.”

Nebergall’s attorneys maintain it was the woman who lifted her own shirt and bumped into the deputy, explaining the DNA on her chest.

While the mistrial motion is still up in the air, testimony continues.

Jurors are expected to hear from the sheriff’s investigator who interviewed Deputy Nebergall.

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