ELIZABETHTOWN, Ky. (AP) -- Although Hardin Circuit Judge Kelly Mark Easton said he believed the case against former Central Hardin High School teacher Steven Gray should be retried, he noted that the decision to prosecute does not lie with the courts, according to The News-Enterprise.

Gray was charged with two counts of sex abuse in December 2010, after anonymous allegations were made. He denied the accusations.

When the case went to trial, the jury couldn't reach a unanimous decision and a mistrial was declared.

Assistant Commonwealth's Attorney Heather Paynter said in her request, that she didn't think the evidence could be presented in a different way to produce a different outcome.