(ABC 6 News) – The trial of Richard Polley, a former Albert Lea high school counselor and basketball coach accused of sexual conduct with a student, ended in a mistrial Sept. 19.

The reason for the mistrial, according to the Freeborn County Attorney’s Office, is that there was a piece of evidence regarding a search that came up during the trial which was not disclosed to either the state or the defense.

The search is related to contents found on the alleged victim’s phone after she had talked about the alleged inappropriate relationship with law enforcement.

In light of the new evidence, Polley’s defense called for a dismissal of all charges, but the judge decided that a mistrial would be declared instead.

As of now the county attorney has no further comment, citing an on-going trial.

The prosecution filed an ‘exhibit receipt authorization’ that lists several Snapchat messages, photos of various locations and clothing items, and items that may contain DNA.

A new pretrial hearing is scheduled for Oct. 31.

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(ABC 6 News) — In Albert Lea, the trial for the former high school counselor and basketball coach accused of sexual conduct with a student is underway.

Richard Polley is charged with third-degree sexual conduct for allegedly having sex with a student in 2022.

Court documents say Polley and the minor talked through Snapchat before Polley invited her to his home where she says they had sex.

Jury selection began Monday morning, and the trial resumes on Tuesday.