A Madison man accused of sodomizing his stepdaughter over a seven-year period has been formally charged for the second time on three counts of sodomy as well as on three new counts of sexual abuse.

Kenneth Napoleon Osborne, 45, of 28581 Hardiman Road, was recently indicted by a Limestone County grand jury and arrested Monday on three counts of first-degree sodomy and three counts of first-degree sexual abuse, records show. He is accused of forcibly compelling his stepdaughter to perform deviate sexual intercourse.

He will likely be tried in late summer or early fall of 2012, Limestone County District Attorney Brian Jones said Tuesday.

Osborne is being held in the Limestone County Jail, with bail set at $120,000.

His first trial in September ended in a hung jury. After three days of testimony,  jurors deliberated more than five hours and emerged from the jury room to tell Limestone County Circuit Judge James Woodroof Jr. they were hopelessly deadlocked. Woodroof declared a mistrial. The district attorney vowed to retry the case.

“After we tried the case, we interviewed a large portion of the jury in depth to see what issue caused they to be a hung jury,’ Jones said.

Jones said after the first trial the case was a difficult one because there was no physical evidence or medical evidence, because there was no eyewitness other than the victim, because the alleged abuse occurred over a period of seven years, and because there was a three-year lapse between when the alleged abuse ended and when it was reported and a two-year lapse between Osborne’s arrest and trial.

“It was tough — it was his word versus hers,” Jones said after the first trial. “But, that little girl — for the first time in 11 years — was able to stand up and say he did this to me. She got her day in court,” he said.

Osborne was initially charged after the victim told a friend that she had been abused and the friend told her mother, Jones said. The friend’s mother told a schoolteacher about the alleged incident, and the teacher reported the allegation to the Department of Human Resources, he said. DHR reported it to sheriff’s investigators, who arrested Osborne on one count of sodomy Oct. 19 and, again, on two counts Oct. 20, 2009.

“The alleged abuse started in 2000 when the child was living in Texas,” Jones said. “When she moved to Limestone in 2001, it occurred until 2006, until she told a friend.”

Under Alabama law, first-degree sodomy involves one of the following: 1.) forcing or compelling another person to perform deviate sexual intercourse; 2.) engaging in deviate sexual intercourse with a person incapable of consent due to physical helplessness or mental incapacity or; 3.) being at least 16 years old and engaging in deviate sexual intercourse with someone under age 12.

During the trial, Jones said the prosecution attempted to single out three instances of abuse and present them to jurors. Following the trial, jurors mentioned inconsistencies between the girl’s statement in 2009 and later testimony.

Jones said it is not unusual for a victim of sexual abuse to have some inconsistencies when abuse occurs over a long period of time, and he said the prosecution witness from the DHR testified to that.