GRAND JUNCTION, Colo. — A judge is expected to decide Thursday whether to declare a mistrial for a Colorado man being tried for a second time in his wife’s death.

The Daily Sentinel reports that Michael Blagg’s lawyer claims his former mother-in-law, Marilyn Conway, purposefully referenced his earlier trial while she testified Wednesday. Defense lawyer Tina Fang asked Judge Tamara Russell to declare a mistrial as a result.

Blagg was convicted of murder in Jennifer Blagg’s death in Mesa County in western Colorado in 2004 but his conviction was overturned 10 years later after the judge learned a juror concealed her experience with domestic violence in order to serve on the jury.

Blagg’s latest trial is being held in suburban Denver because of concerns about finding an impartial jury in his community.

Information from: The Daily Sentinel,