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ST. LAWRENCE COUNTY, N.Y. -- The defense attorney for an Ogdensburg man accused of murdering his neighbor five years ago has asked to be removed from the case for the third trial.

Wayne Oxley's court-appointed lawyer, Richard Manning, wrote a letter to the court requesting to be taken off of the case due to health reasons.

Oxley is accused of beating his neighbor, Bernard Trickey Jr., to death with a baseball bat in 2005. He was convicted in 2006, but it was overturned and his re-trial ended in a hung jury last December.

Oxley's third trial is set to start in late April.