LOUISVILLE, Ky. (WHAS11) -- After five years of waiting to go to trial, only to have it delayed, Joseph Oberhansley will soon face a new jury.
Oberhansley is accused of killing his ex-girlfriend Tammy Jo Blanton and then eating parts of her body in 2014.
The defendant walked inside the courtroom on the first day of his trial in August, telling reporters, “the prosecutors know I’m not guilty, that’s why the death penalty was dropped.” He also claimed two other men committed the murder.
A judge declared a mistrial on August 22, on the second day of the trial.
One of Blanton's closest friends, Donna Victoria, shared information during her testimony about Oberhansley's criminal past and prior drug use. The information came at the cost of a mistrial, potentially jeopardizing Mull's case.
"The witness was instructed before she testified that this was off-limits, she was not allowed to mention it to talk about it and did so anyway. As a prosecutor, there's nothing I can do to control someone once I told them not to say something on the stand and they get in there and do that" Clark County prosecutor Jeremy Mull said on the day of the mistrial.
Mulls said Victoria's mistake, is "an unfortunate delay." A few weeks later, the process is picking back up with jury selection starting Wednesday, September 4.
Now, the challenge is for attorneys to find jurors who have no knowledge of Oberhansley's case or the events of the mistrial.
“I do think we're up to the challenge. I do think we're going to be able to do that,” Mull said. "If we don't, we'll simply move to another media market away and question people there."
The only thing Mull said he plans to do differently is not call Victoria to the stand, but he doesn't believe it will have a negative outcome on the re-trial.
"It's just a small bump in the road and we're ready to take it forward,” Mull said.
Although, he said the delay is still frustrating as a prosecutor who has waited five years for the case to go to trial.
"It's really a case that I really want to get finished. I want to get justice for this family and that's going to happen," Mull said. "With the way the laws are that we have, many, many times I'm just waiting, waiting and waiting, and the victims are waiting. And there's nothing you can do to speed these things up without getting the case reversed later."
The lengthy legal process, he said, is just a casualty of both the defense and prosecution wanting to do the case right.
"Many times that delay is necessary to make sure these verdicts stand and you don't accomplish anything by rushing through a case,” Mull said.
Jury selection will be again out of Hamilton County. Depending on how quickly a jury can be chosen, opening statements could be heard for the second time as early as Friday, September 6th.
Oberhansley's lead defense attorney said he didn't have anything to add ahead of the trial.