Man accused in fentanyl OD case released from jail after jury stays deadlocked

Defense attorney David Tencza, second from left, confers with a Sheriff's Deputy as Gregory Collins looks on after a mistrial was declared in his death resulting trial. (Rochester Voice photo)

DOVER - The Milton man accused in the fentanyl overdose death of a Rochester man is waking up outside of jail today for the first time in six months after a mistrial was declared Monday following a four-day jury trial in Strafford County Superior Court.

Judge Mark E. Howard declared the mistrial after the jury foreman told the court they were "deeply divided with no movement," and the opposing views were "unable to be resolved."

Jurors first indicated they were unable to reach a unanimous verdict around 12:30 p.m., but Howard sent them back to the jury room to continue deliberations in trying to resolve their differences.

But less than an hour later the jury foreman told the judge the differences had not been resolved, and that they were the same differences that had been apparent on Friday.

Immediately following the mistrial declaration defense counsel David Tencza called for public recognizance bail instead of the no-bail order that Gregory Collins, 38, of Lord Lane, Milton, had been held under for six months.

Before approving a $10,000 personal recognizance bail, Howard spoke of the difficulty of the state to prove its allegation that it was Collins' fentanyl that had killed Robert Rawson of Rochester on Feb. 15, 2018.

Surrounded by sheriff's deputies, Collins was escorted from the courtroom prior to release from custody later in the day. Jail personnel confirmed today he is no longer there.

Collins had faced up to life in prison on a charge of supplying drugs, death resulting. Another Rochester man, Peter Miltner, who testified at trial he and Collins delivered the fentanyl to Rawson, has already been sentenced for his part in Rawson's death. Miltner is spending four to eight years in state prison.

After talking to Tencza in an anteroom of the court following the mistrial declaration, Collins' father emerged to express his relief that his son would be able to sleep in his own home tonight and added that he would be found innocent of all wrongdoing when all is said and done.

Collins still faces the possibility that prosecutors will decide to try the case again.

Howard scheduled a status hearing for May 15 at which time the County Attorneys Office will announce their next move.

Lead prosecutor Katelynn Henmueller said the state was disappointed in the hung jury and felt they had proved the case beyond a reasonable doubt, but that it wasn't over.

"We will go back now and talk with other staff attorneys and figure our next move," she said.

While she wouldn't speculate on whether they would seek a retrial or offer up new charges, she did say one option might be pursuing a fentanyl trafficking case.