After jurors last week could not reach a verdict, a Douglas County judge on Monday scheduled a new trial date for a Lawrence man accused of raping an unconscious University of Kansas student in 2018.

Senior Assistant District Attorney David Greenwald said the DA’s office would again try the case against Kalim Akeba-Lloyd Dowdell, now 26, for allegedly having sex with the woman while she was either asleep or passed out.

The woman, who was 18 at the time of the incident, testified during the first trial that she and Dowdell had met at a party and had additional drinks at a downtown bar before returning to her residence hall.

The woman said she fell asleep while watching a movie, and although she had earlier told Dowdell she wasn’t going to have sex with him, the woman awoke to the feeling that her loft bed was rocking. She became aware that Dowdell, who was then 21, was having sex with her, she testified.

The jury heard testimony from the woman indicating that she didn’t immediately cut off contact with Dowdell after the incident, continuing to speak with him for a few weeks over social media. Once she did block him, however, Dowdell allegedly showed up at her apartment complex and job, and sat near her during a KU football game. She eventually filed for a protection order against him.

The 12-person jury deliberated for about four hours before determining they were deadlocked and unable to come to a verdict.

Douglas County District Court Judge Stacey Donovan set a new trial to begin Feb. 26. A pretrial hearing is scheduled for Feb. 6.

Dowdell is currently represented by court-appointed attorney Adam Hall. Dowdell is presumed not guilty unless and until he is convicted.

During Monday’s hearing, Greenwald withdrew a motion to revoke a 2015 diversion agreement made by Dowdell in connection with charges that he had sent unsolicited photos of his penis to a New Zealand blogger whom he did not know.

In January 2017, Dowdell entered into a diversion agreement, stipulating that he committed the crime of harassment by telecommunication device by transmitting obscene images and texts. The agreement was to remain in effect for 24 months unless terms were violated.

According to documents filed by the Kansas Court of Appeals, prosecutors initially filed to revoke diversion in November 2017 after Dowdell failed to pay attorney fees and failed to notify the district attorney of his school address in California.

In August 2018, the State again sought to revoke the agreement, this time based on allegations that he violated the terms of his diversion by failing to provide passwords enabling police to search his phone.

In January 2019, the district court found Dowdell to be in violation. He was convicted and sentenced to probation with an “underlying jail term of 12 months.” Dowdell appealed, and in May 2023 the Kansas Court of Appeals reversed the conviction, saying that prosecutors presented insufficient evidence that he had violated the diversion agreement “even when viewed in a light most favorable to the State.”

A motion filed by Assistant District Attorney Brian Deiter on Monday afternoon asked the court to dismiss all counts of the harassment complaint based on prosecutorial discretion.

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