CLEVELAND -- Cuyahoga County Common Pleas Judge Nancy McDonnell found former Waite Hill police officer Matthew Mole, 35, of Mentor, guilty Monday of sexual battery, a 3rd degree felony, for having sex with a 14-year-old boy.
McDonnell said that prosecutors will re-try Mole on a lesser charge of unlawful sexual contact with a minor after a jury could not reach a verdict last week on the charge.
The jury returned a hung verdict late Friday afternoon.
Mole is now freed on bond despite prosecutors asking that he remain in jail until his sentencing on the sexual battery charge. No sentencing date has been set.
Mole was charged in December when police arrested him after the boy's mother returned home and found him in the house.
The boy testified last week that the sex with Mole was consensual and he had met Mole on a gay-dating website.