After deliberating for more than seven hours on Friday night, the jury was unable to decide the innocence or guilt of Pete Ampudia by press time.

Ampudia, 49, is charged with two felony counts of sexual intercourse without consent and two counts of sexual assault.

It was an emotional afternoon during the final day of the four-day trial. During closing arguments, family members of the victims passed tissues around to wipe away tears. Both defense and prosecuting attorneys gesticulated wildly and raised their voices to solidify their points.

Prosecutor Travis Ahner, a Flathead County deputy attorney, asked the jury to consider how a child with no knowledge of intercourse would be able to explain to a parent the exact way in which she was touched.

"Where does that get inserted into [a child's' brain?" Ahner asked.

Defense attorney Julianne Hinchey approached the jury to remind them of the red flags she had highlighted in her opening statement: inconsistencies in statements, influences by parents and law enforcement, and an investigation whose methods Hinchey questioned.

"[One child] attended the day care for five years and it wasn't until [the other child] came to the day care four months before it closed that we hear about these problems," Hinchey said. "We heard about [the second child's' home life. We heard about the abuse her mother suffered. She was from a violent, unstable household."

Hinchey reminded the jury of the cramped space of the day care and how parents would come in and out all day. She also expressed Ampudia's frustration with Health and Human Services shutting down the day care before consulting him on whether or not abuse had occurred. Hinchey said that the children's statements were riddled with inconsistencies on who had been around them when the abuse allegedly happened or where it took place.

"There are so many red flags in this case it's difficult to ignore them," Hinchey said. "And one of these red flags is enough to acquit my client."

Prosecutor Flathead County deputy attorney Lori Adams urged jurors not to make light of even fleeting abuse.

"It takes a second to assault a kid, but that doesn't mean it isn't egregious," Adams said. "[The child] didn't know it was sexual contact. When kids fantasize they fantasize about being a princess. Do you think they fantasize about sexual assault?"

Reporter K.J. Hascall may be reached at 758-4439 or by e-mail at kjhascall@dailyinterlake.com