Rochester Man Faces 3rd Sex Assault Trial After 2 Mistrials

Rochester, MN (KROC-AM News) - In a case that has already resulted in two mistrials and considerable courtroom drama, Olmsted County prosecutors recently decided to move forward with a third trial for a Rochester man accused of sexually assaulting a woman three years ago.

Third Trial Scheduled for February

According to Olmsted County court records, a pretrial hearing has been scheduled for late January in the case of 30-year-old Manuel Sanchez-Sosa. His third trial on charges of first- and third-degree criminal sexual conduct is currently scheduled for the first week of February.

Second Mistrial Followed Defense Attorney Contempt Finding

Sanchez-Sosa was first brought to trial on the charges in October 2024, but the trial ended in a mistrial. Another jury was seated in July of this year to hear the case, and again, a mistrial was declared.

READ MORE: Second Mistrial Declared in Rochester Sex Assault Case

Attorney Taken Into Custody During Proceedings

Olmsted County court records indicate the second mistrial was due to conduct by the defense attorney representing Sanchez-Sosa. The judge presiding over the trial found attorney Austin Swisher in contempt of court after he refused an order to submit to a breath test for alcohol. The judge had him taken into custody and held in the Olmsted County Adult Detention Center.

Kim David TSM Rochester

Judge Ordered Breath Test For Alcohol During July Trial

The contempt order states that the judge ordered the breath test after the prosecuting attorneys in the case reported smelling the odor of alcohol on the defense attorney's breath and observed what they described as "atypical" behavior that led them to suspect he was under the influence of alcohol during the trial. The document also indicates that the judge also observed "uncharacteristic" conduct by the attorney earlier in the day during the trial.

Contempt order Sanchez-Sosa case-Olmsted County court

Court Documents Detail Allegations Against Sanchez-Sosa

The charges against Sanchez-Sosa stem from allegations in which the alleged victim told investigators that, on two occasions, she blacked out after spending the previous night consuming alcohol at an event and at bars in downtown Rochester. The criminal complaint says she told investigators that she woke up on the morning of February 25, 2023, and found Sanchez-Sosa raping her while she was unable to move.

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When he was interviewed by investigators, the court document says Sanchez-Sosa admitted that he had sex with the alleged victim and indicated that they were both intoxicated. He also claimed that she had initiated the encounter.