Orange County Superior Court judge, Daniel B. McNerney dismissed rape charges against David McKee after a jury hung 11-1 for not guilty. McKee's defense attorney agued that with a verdict of 11-1 for not guilty, no future jury would be able to convict Mr. McKee. When the Orange County prosecutor did not object, McNerney dismissed the case.

McKee was accused of assaulting the victim he met at a bar in Newport Beach on July 12, 2006. Prosecutors alleged that when the woman slept, McKee had entered her room while she slept and raped her. Jurors, however did not agree. According to the foreman, most jurors did not think the woman was unconscious and it was a consensual sexual encounter.