MOUNT CLEMENS (WWJ/AP) – A jury was unable to reach a verdict in the case of a former medical resident who authorities say sexually assaulted and critically injured his girlfriend’s 13-month-old daughter.

A hearing about a new trial for 33-year-old David Montaldi was set for Feb. 21 in Macomb County Circuit Court after a hung jury was declared Tuesday. He’s charged with first-degree child abuse and two counts of first-degree criminal sexual conduct.

Deliberations took place Friday, Monday and Tuesday. Prosecutors plan to try the case again.

Defense lawyer Stephen Rabaut, who talked to jurors afterward, told The Macomb Daily of Mount Clemens that jurors indicated they couldn’t agree on verdicts.

Montaldi first told his then-girlfriend, who he had been dating for about six months, that his 150 pound dog had laid on and injured her daughter in December 2010. He later changed his story, claiming he slipped and dropped the girl. Police say it was later determined that the child had suffered sexual and other abuses.

Montaldi formerly worked at Mount Clemens Regional Medical Center, but had stopped about two months before the incident.

TM and © Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2011 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed. The Associated Press contributed to this report.

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