Former fugitive Weaver wins a new murder trial

A White Bear Lake man accused of murdering his wife and setting their home on fire will get a new trial, as a result of a decision on Thursday by the Minnesota Supreme Court.

By Allie Shah, Star Tribune

Last update: September 20, 2007 - 9:52 PM

A White Bear Lake man accused of murdering his wife and setting their home on fire will get a new trial, as a result of a decision on Thursday by the Minnesota Supreme Court.

The high court chose not to review an earlier ruling by the state Court of Appeals that overturned the conviction of former fugitive Gordon Weaver and granted him a new trial.

Weaver's attorney, Joe Friedberg, said that he will seek Weaver's release from jail. Friedberg had said after the conviction was overturned in July that he would not seek Weaver's release while the legal fight continued.

Weaver, a businessman from White Bear Lake, was convicted of unintentional second-degree murder in 2005. He was charged with first-degree murder in the 1999 death of his wife, Jean Weaver.

Her body, found in the couple's home, was partly burned and her head was matted with blood.

At the trial, Friedberg argued that Jean Weaver's death was accidental. The couple was arguing and Weaver pushed his wife and she hit her head on a concrete laundry tub, he said.

Prosecutors accused him of setting fire to Jean Weaver and their house.

Not long after Weaver was charged, he jumped $300,000 bail and went on the run until 2004. He was found living in Oregon under an assumed name after his case appeared on "America's Most Wanted."

In July, the Appeals Court overturned the conviction, ruling that results from destroyed blood samples shouldn't have been allowed as evidence. The state appealed to the Supreme Court.

The lead prosecutor, Fred Fink, subsequently resigned from the Ramsey County Attorney's office.

"We are disappointed by the ruling," Ramsey County Attorney Susan Gaertner said. "We thought it was important for the Supreme Court to take a look at some important legal issues. But they didn't take review and we're prepared to retry the case."

With the lead prosecutor gone, questions remain about who will replace him. Said Gaertner: "We haven't made any decisions about who would participate in the retrial."

Allie Shah • 651-298-1550

Allie Shah • ashah@startribune.com

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