A jury failed to reach a verdict Wednesday in the case of a Hennepin County jail deputy accused of criminal sexual conduct with a former inmate.

The jurors sent a note in the late morning saying they were divided over whether to acquit or convict David J. Roettger, 37, of Edina, who is on paid leave from his post.

The jury first reported a deadlock to District Judge Margaret Daly on Tuesday, but she sent them back for further discussions.

Assistant County Attorney Carrie Lennon said she will either settle the case or retry it.

Defense lawyer Trevor Oliver said he hoped the prosecutor would reconsider pursuing another trial, but he didn't expect to agree to a plea bargain. He also didn't expect a second trial to be better for either side. "Both sides laid everything out as far as they could," Oliver said.

The jury began deliberating Friday and took Monday off for the holiday. Roettger is accused of fourth-degree criminal sexual conduct, a felony punishable by up to 10 years in prison.

Roettger is accused of sexual contact with a jail inmate in March 2006. The man testified that Roettger took him into a closet and asked him to touch Roettger in a sexual manner. On another occasion, Roettger touched the man, according to the charges.

The man was offered $300 for the activities at the jail and $800 for activities after his release. The man reported that Roettger did not pay him, according to the complaint.

Another inmate testified that while he was in jail, he received a note from Roettger that said he should contact him and might be able to make some money, according to the complaint and testimony during the trial.

Roettger was placed on leave from his job on Nov. 7, 2006, and has not returned to work. He is not in custody.

ROCHELLE OLSON