Unable to agree on whether the defendant was asleep when he fondled a young girl, a Contra Costa jury acquitted him of one charge while convicting the defendant of a lesser count, reports the San Jose Mercury News.

Outside of the courtroom, jury foreman Clark Wallace, 81, of Orinda, said the jury was not unanimous on whether Dell was awake or asleep during the alleged penetration of the girl. The jury did not have to consider that fact when it came to the second count, Wallace said. Wallace said he was not convinced Dell was in a state of parasomnia.