Denver jurors who heard the case of former Albuquerque Public Schools Deputy Superintendent Jason Martinez could not come to a verdict.

A judge declared mistrial today after jurors couldn’t come to a unanimous verdict, according to the Associated Press.

Martinez is facing charges for sexually assaulting two boys. Despite being charged with the crimes in summer 2013, Martinez was still hired on this summer as a top-level APS staffer by then-Superintendent Luis Valentino.

Martinez never completed a background check for the school district, which maintains it never knew of his past until New Mexico Political Report broke news that Martinez’ was facing trial in Denver for sexual assault charges. The news came one day after Martinez abruptly resigned from APS.

Valentino, who started with APS in June, resigned from the school district 10 days after news of Martinez broke.

All school personnel, including administrative staff, must go through background checks to be licensed by the state Public Education Department. Martinez did not receive a license and PED had no evidence he ever applied for one.

By taking a job with APS, Martinez broke terms of his bail by moving from Denver to Albuquerque without court approval. After a Denver judge issued an arrest warrant for Martinez, his legal team argued that he telecommuted to APS from Denver all summer. Video evidence from APS disproved this assertion, and a judge rejected the argument.

Prosecutors will aim for another trial against Martinez, the Associated Press reports.