LACONIA — The Belknap County Attorney’s Office says it plans to retry an Alton man whose guilty verdict for blowing powdered fentanyl close to a police officer was thrown out by the trial judge.
Assistant Belknap County Attorney Adam Woods said Wednesday he intends to move forward with seeking a new trial against Eric Weil, 50, of Alton, who was tried and found guilty in September of reckless conduct with a dangerous weapon.
Weil was accused of blowing a powdered substance later determined to be fentanyl close to Alton Police Officer Jameson Fellows.
Earlier this month, Superior Court Judge James D. O’Neill III set aside the guilty verdict, ruling that no evidence was offered at Weil’s trial in support of the prosecution’s contention that incidental exposure to fentanyl is potentially lethal.
Woods said that, in setting aside the verdict against Weil, the judge also allowed for new a trial.
When the new trial might take place is unclear, Woods said.
No trial will be scheduled, he explained, until the appeal process has run its course. The state Attorney General’s Office has until the end of the month to decide whether to appeal O’Neill’s ruling to the state Supreme Court. No one was immediately available Wednesday at the AG’s Office to comment on the matter.
Calls Tuesday and Wednesday to Weil’s attorney, Harry Starbranch, seeking comment, were not returned.
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