LAWRENCE, Kan. (AP) — A retrial in the 2004 death of a Lawrence woman is scheduled for December, although it might be moved out of Douglas County.

Martin Miller is charged with killing his wife, 46-year-old Mary Miller, in July 2004. He was convicted of first-degree murder in 2005 but the Kansas Supreme Court overturned the conviction in February, citing incorrect jury instructions.

Prosecutors allege he strangled his wife at their home because he was having an affair and wanted to collect $300,000 in life insurance.

During a hearing Thursday, Miller’s attorney, Richard Ney, said he might seek a change of venue because of the publicity surrounding the case.

The Lawrence Journal-World reports the defense has until Aug. 22 to file the venue motion.

Miller is out of jail while awaiting the retrial.