NOVATO (AP) — A Novato family doctor accused of sexually abusing a patient has been acquitted of one charge.

80-year-old Horace Newhard was found not guilty on Thursday of sexual penetration due to fraud. Jurors deadlocked 9-3 on two counts of sexual battery, prompting Marin County Superior Court Judge Paul Haakenson to declare a mistrial on those charges.

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Prosecutors are expected to announce whether they will seek another trial at a hearing set for March 29.

The alleged victim, a woman in her 60s, says she felt Newhard thrust his finger into her while she was being examined for a complaint of genital itching in 2007.

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She also claims he touched her breasts inappropriately.

Newhard’s lawyers said the doctor was following his usual treatment methods.

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