LAWRENCE, Kan. (AP) — The Kansas Supreme Court has declined a murder suspect’s request to have the Douglas County District Attorney’s Office disqualified from his case because his son lives in the home of one of the lead prosecutors.

Martin Miller was convicted of first-degree murder in 2005 for the July 2004 death of his wife at the family’s Lawrence home. Prosecutors say he strangled his wife in her sleep because he was having an affair and wanted to collect $300,000 in life insurance money.

The Lawrence Journal-World  reports the Kansas Supreme Court overturned his conviction in February. Miller’s next trial is scheduled for March.

Miller had sought a change of prosecutors because his son, 22-year-old Matthew Miller, is a friend of an assistant prosecutor’s son and lives in their home.