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ST. LAWRENCE COUNTY, N.Y. -- The defense now has the case in the re-trial of an Ogdensburg man accused of murdering his neighbor in 2005. Wayne Oxley is accused of beating Bernard Trickey Jr. to death with a baseball bat in Trickey's Ogdensburg home.

Last week, the prosecution rested its case after several weeks of testimony. The first move by the defense was to file motions to have the case dismissed due to lack of evidence, but that request was denied.

The re-trial will continue on Tuesday. It's expected to last up to three months.