MONTROSE, Colo.—A judge won’t stop a re-trial for a Texas businessman accused in the drowning death of his wife in Colorado.
The Montrose Daily Press ( ) reported Wednesday that Chief Judge J. Steven Patrick has ruled that the second-degree murder trial doesn’t equate to double-jeopardy for Frederick Mueller of San Angelo.
A jury deadlocked after a month-long trial earlier this year.
Last month Patrick agreed to drop a first-degree murder charge because he said the evidence presented wasn’t sufficient to prove deliberation and intent. On Monday, he refused to also drop the second-degree charge, saying the evidence was sufficient for that charge.
Mueller says Leslie Mueller fell over an embankment and into a creek during a hike but prosecutors say the evidence doesn’t back that up.
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Information from: The Montrose Daily Press,
