Jury: Sara Cole Not Guilty of Unlawful Sexual Intercourse With Minor

A Santa Clara County Superior Court jury has found a Los Gatos mom accused of having sex with a teenage boy last summer not guilty of two felony counts of unlawful sex with a minor and declared a mistrial on a third similar offense.

Inside a packed Dept. 35 of the Santa Clara County Courthouse, the 12-member jury, however, declared Sara Palumbo Cole guilty of a fourth count of annoying or molesting a child, a misdemeanor.

That guilty verdict on this charge, which can involve kissing and inappropriately touching a minor, is classified as a sex crime and will force Cole to register as a sex offender.

The jury, which took more than a day to decide Cole's fate, announced its decision shortly after 2 p.m. Thursday.

Dressed in a light blue outfit and with half her hair pulled back, Cole, 48, stood up to hear the verdict. She remained stoic as the words "not guilty" were read by the court's secretary.

The hung jury on a third felony count of unlawful sex with a minor came about when one of the 12 jurors was not in agreement with the decision of the majority, explained prosecutor Timothy Moore.

"I think the jury worked hard," he said. "Every case that goes to jury, you don't know what's going to happen, but yes, I'm obviously disappointed with the verdict although I understand ... "

Moore added: "In every case you prove what you intend to prove and you try to prove what you have plead and you let the jury decide." 

Several media outlets waited outside the courtroom for the announcement.

Last summer, the , acting on concerns by the alleged victim’s parents, launched a two-month investigation. In September, officers served a search warrant at Cole’s home and seized equipment and phones, police sources say.

On Sept. 30, 2010, Cole turned herself in to police after a warrant had been issued for her arrest. The mother of four was accused of having an affair with a local teenage boy over the course of several months.

She was released on a $30,000 bail on Oct. 1, 2010, and arraigned on Oct. 13, 2010.

Moore has said the complaint filed against Cole alleged three separate violations occurring between May 1 and July 15, 2010.

Cole's defense attorney, Mike Armstrong, declined comment immediately after the verdict was read.

The jury was escorted out of the courtroom to discuss the case with Moore and Armstrong.

In 2007, Cole was embraced by Los Gatos after nearly being killed by a drunken driver. At the time, Cole was considered a local hero and a living warning about the dangers of drunken drivers.

The verdict was signed by the jury foreperson, identified as juror No. 5.

Santa Clara County Superior Court Judge Jerome Brock told the jurors they had a right to discuss or not discuss the case with anyone, including Moore and Armstrong.

"I want to thank you for what you've done," Brock told the jurors. "You deserve our respect."

Brock said the case will now be referred to probation and asked Armstrong to return to court Aug. 30 at 9 a.m. to answer to the misdemeanor charge.

Many trial observers reacted with surprise to the verdict, some saying they thought the boy who had testified she had sex with him between 30 and 40 times was credible enough.

But there were others present Thursday afternoon, including Cole's best friend, a woman who had attended the four-day trial, who openly cried tears of joy at Cole's not guilty verdict over unlawful sex with a minor.

"I was surprised they couldn't agree on the third felony count of unlawful sex with the minor ... Wow, one juror has that much power," said one trial observer, who declined to be identified. "One vote has a lot of weight in these deliberations."