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ST. LAWRENCE COUNTY, N.Y. -- An Ogdensburg man accused of murdering his neighbor five years ago has requested a new judge for his third trial.

Wayne Oxley filed papers with the St. Lawrence County Court asking that Judge Jerome Richards be removed from his case. Oxley claims Richards is biased and will not give him a fair trial.

Oxley is accused of beating his neighbor, Bernard Trickey Jr., to death with a baseball bat in 2005. His 2006 conviction was overturned and his second trial in the fall ended in a hung jury.

The third trial was supposed to begin at the end of the month, but has been pushed back.