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Closing arguments in Weiss trial scheduled for Tuesday

Talia Milavetz
Updated: October 21, 2019 05:57 PM
Created: October 21, 2019 04:20 PM

(ABC 6 News) - Monday, the final witnesses were called to testify in the 2nd-degree murder retrial of Alexander Weiss of Rochester. The case will likely be handed over to a jury as early as Tuesday.

All evidence has now been presented. Weiss is accused of shooting and killed 17-year-old Muhammed Rahim in January of 2018.

During the week-long trial, the judge and jury heard from eyewitnesses, watched surveillance camera footage and listened to Weiss' 911 call. They also had heard from an agent from the Bureau of Criminal Apprehension who tested Weiss' face and clothing for DNA. A testimony from Rahim's passenger was heard and Weiss also took the stand.

Tuesday, the jury is set to meet for closing arguments. 

Throughout the trial, the Chief Deputy for the Olmsted County Attorney's office argued that the case is about an unreasonable and unnecessary choice by Weiss to assert control with a firearm rather than avoiding confrontation. 

Weiss' attorney said that he acted in self-defense.

In Weiss' last trial, the jury deliberated for about 12 hours. Before telling the judge that they were deadlocked and a mistrial was declared.

James McGeeney, Weiss's defense attorney said: "If the jury is deadlocked we will move the court again for a - we'll do a motion for a verdict of acquittal. If that's denied then it would be up to the County Attorney's office on what to do next. They have the option of retrying the case again, or they can dismiss the complaint." 

Before the jury begins deliberations, they'll receive a set of instructions including a definition of murder in the second degree and of self-defense.

Those instructions will include this line: "The law authorizes the use of deadly force when a person reasonably believes he is in imminent danger of serious bodily harm or death."

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