King County Prosecutor Dan Satterberg said Tuesday night that the county will retry Joseph Naimo for murder in the strychnine poisoning death of his wife.
“We are confident in our case, and it deserves to be heard by another jury,” Satterberg said.
Jurors announced Oct. 20 that they were deadlocked in the murder trial of Naimo, a Federal Way pest-control business manager. The jury was split 9-3 in favor of convicting Naimo of first-degree murder, the prosecutor’s office said.
The jury deadlocked, resulting in a mistrial, after seven weeks of testimony and six days of deliberations.
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Satterberg said the next step is for a new trial date to be set. He said he made the decision to retry the case Monday.
Naimo, 63, remains in jail at the Regional Justice Center in Kent on $1 million bail. He’s been in jail for 17 months – since his arrest May 20, 2009.
Naimo was charged in King County Superior Court with first-degree murder in the death of his wife, Ann Marie, 53. He was alone with her in their Federal Way home on Nov. 28, 2008, during the hour it took for strychnine to kill her, according to court documents.