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That's why he says he wanted to sit down with 9NEWS Tuesday.

"All the women were crying on the way back from the courtroom," Mitch Summerfield said about the jury's reaction after the verdict was read.

The choice not to convict Cox was not an easy one.

"We were struggling with what we imagined could've happened versus what we were being asked to decide by the court," Summerfield said.

According to Summerfield, some things in the case against Cox were clear.

"As part of the jury, we said, 'Absolutely, beyond a reasonable doubt' that we believe he was the father and there was sex involved at some point," he said. "When that was and what condition she was in at that time - there was no evidence presented."

That, Summerfield says, was the sticking point - what condition the victim was in when she had sex with Cox.

"There was no way for us to evaluate whether she was awake, whether she was still passed out or what condition she was in, much less whether he knew what condition she was in," Summerfield said.

According to the arrest affidavit, the victim went out drinking at a Denver night club on Sept. 5, 2010 and went back to Cox's apartment because her friend was dating him. Court records say the woman didn't remember much after the club and woke up the next morning feeling something wasn't quite right. Weeks later, she learned she was pregnant.

"We would've needed to have known that she was really in a bad state when she was in that position," Summerfield said. "At that point, we possibly could've said, 'OK, he should've known that.'"

Even then, Summerfield says the prosecution would've had to prove Cox knew the victim wasn't in any condition to have sex.

"The prosecution had a tough case to prove because of the elements associated with the charges," he said.

The jury in this case deliberated for hours before coming back with a not guilty verdict. It is a decision Summerfield says the six men and six women did not take lightly.

"I think a lot of us were frustrated," he said. "The aftermath of having made the decision and having all that behind us, but I think also the ramifications of having made a decision which some people felt might have been not in line with what somebody could believe might have happened."

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