Athens-Clarke County Jail
ATHENS, Ga. -- Court officials in Clarke County say a new trial has been scheduled for a double amputee accused of raping an 11-year-old girl.
A Western Judicial Circuit judge scheduled 34-year-old Elbert Tate's trial for Sept. 16.
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Tate was indicted on charges of rape and sodomy among others, but a jury couldn't deliver a verdict last year. Investigators have said the victim told police that Tate - who has no legs - wheeled himself into her room, climbed into her bed and assaulted her.
Tate's attorney, Edward Brumby, says the jury deadlocked because prosecutors had no DNA evidence to support the charges. He told the newspaper the case was based on hearsay.
Two months after the mistrial, Tate was re-indicted for attempted rape.