Rochester, MN (KROC AM News) - A Rochester man should learn Tuesday if he will go on trial for murder - for a 3rd time.

Olmsted County ADC

Two juries deadlocked this year in the Alexander Weiss case and mistrials were declared by Judge Joseph Chase. He is scheduled to hear from the lead prosecutor Tuesday and find out if there will be another trial.

Chase will also hear from defense attorney James McGeeney, who has filed a motion for acquittal.

McGeeney filed a memorandum Friday in support of his motion. He says he talked to a member of the jury that deadlocked in October. McGeeney says the person told him the jury voted 8-4 in favor of a not guilty verdict in its first poll. The second poll resulted in a 9-3 vote in favor of a not guilty verdict. All the following polls had an 8-4 result in favor of a not guilty verdict “before they were hopelessly deadlocked.” A unanimous vote is needed for a verdict.

Weiss was charged with 2nd-degree murder for shooting 17-year-old Muhammed Rahim during a confrontation that followed a minor traffic crash in January 2018. Weiss - who turns 27 Friday - testified at both trials that he was in fear for his life and the shooting was an act of self-defense.

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