Prosecutors mull retrial chances in Joseph case

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DOVER, N.H. - The Dover man whose attempted murder case ended in a mistrial earlier this month could be tried again if prosecutors think they are likely to convince a different jury.

Kerry Joseph, 28, of New York Street, had been indicted on attempted murder, assault and criminal threatening charges, but after three days of deliberation the jury foreman declared they were at an impasse on Aug 17.

Assistant Strafford County Attorney Tim Sullivan said he couldn't release how many of the 12-member jury may have found Joseph no guilty, but did say that after 30 days prosecutors can talk to jurors to find how why they acted as they did.

After the jurors in the case are queried Sullivan said the County Attorneys office would decide the next step.

The victim in the case, Okiemute "Leo" Omatie, of Fifth Street, Dover, faces his own trial stemming from a robbery he allegedly committed in Dover in June 2014.

The Rochester shooting occurred last July between 40 and 42 Lafayette St. when Omatie tried to run away from an armed man said to be Joseph and became trapped between two buildings.

Omatie, who was shot in the chest, is recovering from injuries while awaiting his trial.

Omatie has said he and Joseph did not get along, because Joseph thought he had disrespected him at some point in their past.

Joseph was tracked to Rhode Island and arrested by U.S. Marshals a year ago.

The attempted murder charge carries a maximum sentence of life in prison. The criminal threatening and assault charge could draw Joseph 10-20 years apiece.

Defense lawyers contended that police arrested the wrong man, that someone else shot Omatie that day on Lafayette Street, but Sullivan said ample evidence was presented to rebut that claim.

A status conference is scheduled for October.

Meanwhile, Joseph remains under a no-bail order at Strafford County Jail in Dover.

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