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Weiss takes the stand on day five of second-degree murder trial

UPDATE: 6:40 p.m.

After the 2 p.m. lunch break Weiss continued to detail  what happened leading up to shooting and killing Muhammad Rahim.

Weiss spoke about how he felt after shooting at Rahim, “My body felt heavy, my mind fuzzy.” Weiss also said he was trained to always protect his weapon in fire arm training, so when Rahim went for his gun he shot him.

McGeeney, the defense attorney, asked Weiss why he carries a weapon. Weiss said, “I carry a firearm because I don’t trust I can fight.” He also spoke about living in Northwest Rochester at Summit Square, and the violence that took place.

In cross examination prosecutors asked Weiss if he knew if Minnesota was a stand your ground state, and also brought up a bumper sticker on his car that read, “Gun Control means hitting your target”

The next to take the stand was Noah Dukart, a passenger in the car, who described his relationship with Rahim as very close. Defense asked him about the prescription Xanax pills he took the night before. Dukart said he was not prescribed the pills and when he takes it makes feel him like he doesn’t care about anything.

In most of the questions asked by McGeeney, Dukart replied with “I don’t recall.”

Dukart did say that Rahim did not say anything, or do anything to Weiss when Weiss shot him.

Judge Chase said final arguments will be made Tuesday, and the jury will have the case by that evening.

Proceedings are set to resume Monday at 9 a.m. with a Rochester Police Department investigator due on the stand.

ROCHESTER, Minn. (FOX47) — Friday morning marked day five of the murder retrial of Alexander Weiss. With the courtroom filled, Weiss took the stand as the first defense witness. He is charged with second-degree murder.

Weiss shot and killed 17-year-old Muhammed Rahim after a car crash in northeast Rochester in January 2018. In May 2019, Weiss pleaded not guilty by means of self defense – but with jurors unable to reach a verdict, it was a mistrial.

Judge Joseph Chase told Weiss in the courtroom without jurors present that he had the right not to testify.

The jury heard testimony from a BCA official about prints on the gun, DNA on the Weiss’ jacket. The reason DNA was tested on the jacket was to examine for spit or saliva after Weiss said Rahim had spit on him. Three spots of the jacket was tested, first the right sleeve, left chest area of jacket and right chest area of jacket. Rahim’s DNA was found on all three areas.

The defense attorney did not cross examine.

The second witness to take the stand was Sgt. Steve Thompson, who was on the Rochester Police Department investigation unit at the time of the incident.

Prosecutors asked what role Sgt. Thompson had that day, and Thompson responded that he and another officer interviewed Weiss at the police station. The jurors then received a transcript of the recording from that day before listening to it.

Defense attorney McGeeney cross examined Sgt. Thompson and asked about Weiss’s demeanor when he found out Rahim was dead. Sgt. Thompson responded, “Weiss was crying and said, ‘I didn’t wanna kill him. I wanted him to stop.’”

At about 11 a.m., Alexander Weiss took the stand and spoke about growing up in Pine Island. He also spoke about not being able to find a job since the incident. He also spoke about his chronic asthma, and how bad it gets in the winter. His defense attorney asked about why he needed a gun. Weiss responded by saying when he lived at Summit Square in Northwest Rochester he feared for his life, the constant drug activity, vandalism and people following him to his car.

Weiss was told by McGeeney to draw a map to show the distance from a passenger in Rahim’s vehicle.

Wednesday saw opening arguments and the first round of prosecution witnesses including several police officers.

Thursday morning – prosecutors called more police witnesses. The jury also saw two separate surveillance videos and heard a recording of a 911 call from the day of the incident.

Ubah Ali

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