Cincinnati (AP) -- An Ohio man charged with killing and dismembering his wife has been acquitted of one of two murder counts against him.
John Strutz's trial continues before a judge in Cincinnati on the second murder count and on charges of evidence tampering and gross abuse of a corpse. He has pleaded not guilty.
The defense on Monday asked Hamilton County Common Pleas judge John West to dismiss all charges, claiming the state's case was based on circumstantial evidence.
West responded by acquitting Strutz on a charge of murder while attempting to commit felonious assault.
He left the other counts intact.
Strutz is expected to testify this afternoon.
Police said on the stand last week they found part of the torso of Kristan Strutz in a garbage can last August.
(Copyright 2010 by the Associated Press. All rights reserved.)
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