It's been more than 10 years since Jean Weaver's burned and bloodied body was found in the basement of the home she shared with her husband in White Bear Lake.
Six years after her death, Gordon Weaver was convicted by a jury in Ramsey County District Court of murdering his 40-year-old wife and setting their house on fire. But the Minnesota Court of Appeals in 2007 granted Weaver a new trial, based on a procedural error by the prosecution. That trial will begin Monday.
This time, Weaver, 52, is charged with two counts of second-degree felony murder without intent. The underlying felonies are arson and assault.
What's different this time is that the verdict won't be decided by a jury of 12. Defense attorneys Joe Friedberg and Paul Engh filed paperwork last week seeing a bench trial -- meaning Weaver's fate will sit solely in the hands of District Judge Salvador Rosas.
It's fairly uncommon for a defendant to ask for a trial by judge in a murder case. Friedberg did not return phone calls seeking comment, but criminal defense attorney J. Anthony Torres speculated that because the case has received so much publicity, Friedberg may believe it would be difficult to find 12 citizens who haven't heard about the Weavers.
"I know Mr. Friedberg and he is extremely thorough and extremely knowledgeable. I wouldn't second-guess him," Torres said.
Assistant County attorneys Eric Leonard and Steven Pfaffe will present the state's case. "They're top-notch lawyers," said County Attorney Susan Gaertner. "They'll do an excellent job."
So why did it take so long to convict Weaver in the first place?