ROCHESTER, Minn. – The question of ‘what’s next’ looms after the judge ruled a mistrial in the murder case involving Alexander Weiss.
Weiss was charged with second-degree murder in the fatal shooting death of 17-year-old Muhammed Rahim in January of 2018.
Whether or not there will be a second trial is up to the state.
KIMT News 3 sat down with defense attorney Steve Rolsch, who’s not involved in the case, but explains just how difficult of a case it really is.
Rolsch explains it’s a case based on decisions.
“What would you do? It's easy to say in hindsight we'd all go in our car and lock it and wait for the police,” Rolsch said. “We don't know if that would happen. We don't know what would've happened. We're not sure. That's the real difficulty I think.”
So difficult that the 12-member jury could not come to an agreement, leading to the judge declaring a mistrial.
“That really probably was the key to this case is at what point did the jury believe Mr. Weiss had a duty to retreat,” James McGeeney, Weiss’ defense attorney, said.
The Olmsted County Attorney’s Office will have to decide if they want to try the Weiss case again.
“They have to fit the facts to the crime, so that's their job,” Rolsch said. “And I'm sure that this was not easy for them either. It's not an easy thing to do, charge someone with murder.”
It all goes back to the concept of self-defense.
“We're going to sit down and think about it,” Mark Ostrem, the Olmsted County Attorney, said. “Are there ways we can present this question better?”
A review hearing for this case is scheduled for June 6 at 9:00 a.m. at the Olmsted County Courthouse.
Be sure to stay with KIMT for continuing coverage of this case.