Neal was in tears, saying, "This has been a horrible experience. I am sorry I had to be here."
The judge was saying there is just no evidence in this case.
It was recommended Neal do 100 hours of community service at a water treatment plant.
Prosecution is suggesting three years of supervised probation, a $1,000 fine on each charge, no contact with the alleged victim and to do any community service that is recommended.
The prosecution says Neal's attorney would have "demolished" the witness during cross-examination.
Prosecution is calling this "a miserable day."
Neal will plead guilty to three misdemeanors: disorderly conduct, possession of marijuana and providing alcohol to a person under 21.
Our reporter on the scene called to say a plea deal has been reached in the case. More to come.
The 19-year-old victim started crying when she was on the stand.
The recent high school graduate said was working at a store in Surrey Center and met Neal when she was 13 years old.
Her family was friends with the Neals and they would have dinners together. She said she was asked to babysit for the Neal family.
The victim said she considered both Mr. and Mrs. Neal "friends," although she was not very close to either.
She claims Caroline stopped by her workplace and later that night, she received a text from Caroline asking her to stop by "for girl time" and to have wine.
The victim says she went over the home and she and Caroline went in the kitchen to have red wine. During that time, she said sexual things were being said "jokingly" amongst her and the Neals. The victim says she laughed and made it clear that was not something she would be interested in doing.
She admitted to having five glasses of wine and that she spent two and a half hours downstairs.
Then, she says Neal went to get marijuana, and the trio went outside the deck of the Neals' bedroom, where the victim says she took "two hits." She says they were out on the balcony for about 45 minutes.
While the victim admitted to trying marijuana before, it seemed a lot stronger. She said she felt out of control and felt she was going to be sick, so she went to the bathroom. When she came out of the restroom, she said the Neals were both undressed.
The victim said Caroline grabbed her and kissed her and that she kissed Caroline back.
All three then walked up to bedroom together.
When it became more apparent they weren't kidding about the threesome, the victim said she started texting her boyfriend, "These 'crazy people' are trying to get me to have a threesome ... 'help.'"
She admits texting Neal the next day to find out what happened and, "What everyone's feelings were."
Here is the alleged text exchange between her and Joe the next day:
Victim: "Hey, we are good right?
Sorry I wasn't into it.
I love you and Caroline and didn't want you to think anything was wrong.
You are a 'sexy daddy' though."
Neal: "OK, if y'all break up, let's finish next time."
Victim: "Still don't know if you could swing it, but then again Caroline got you."
Neal: "Rematch? Stay late tonight?
You can be our sex slave and babysitter ... lol"
The court went into recess at about 12:30 p.m.
Wednesday, June 6, 2012
AUGUSTA, Ga. -- The rape trial of Augusta attorney Joe Neal Jr. resumed Wednesday morning with the lead investigator taking the stand.
Investigator Tim Owens says Neal told him he was, "Not a violent rapist," as he was being taken into custody. This will be allowed as evidence in court. He said he didn't give Neal his Miranda rights, as Neal wasn't being taken in for questioning.
The jury heard Richmond County Deputy Joseph Scarlett's testimony about what the 18-year-old babysitter Neal is accused of raping told him about that night.
Scarlett says the victim told him the alleged rape happened on Dec. 16. She said she was having wine with Neal's then-wife, Caroline Neal, when he arrived with more wine and marijuana.
She told Scarlett that at some point she passed out and woke up in bed with the Neals with her top off and her pants around her ankles.
The deputy says the victim admitted to exchanging several texts of a "sexual nature" with Neal the next day.
Scarlett has admitted to not taking notes, but is opening up about the discussion he ad with the victim.
Stay with News 12 throughout the day as more develops in this case.