GOLDEN, Colo. (CBS4) — Testimony resumes in the second Michael Blagg murder trial after the judge refuses to declare a mistrial.

Prosecutors allege that the Colorado man being re-tried for killing his wife, Jennifer Blagg, in 2001 shot her in the head while she slept and put her body in a dumpster at work.

Michael Blagg with Jennifer and Abby (credit: CBS)

He was convicted of murder in Grand Junction 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.

This time Blagg is being tried in Jefferson County because of concern that an impartial jury couldn’t be found in Mesa County.

Michael Blagg in April 9, 2004, at the Mesa County Justice Center in Grand Junction. (credit: Lyn Alweis/The Denver Post via Getty Images)

Blagg’s attorney asked the judge for a mistrial on Wednesday after Jennifer’s mother referenced his earlier trial while testifying. The judge said this isn’t the first time the previous trial has been mentioned.

(credit: CBS)

The Blaggs’ daughter, Abby, disappeared when Jennifer Blagg was killed and has never been found.

Blagg’s lawyer claims a child predator killed Jennifer Blagg and kidnapped Abby.

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