The re-trial for Cal Harris will take place in Tioga County.
Harris is accused of killing his wife, Michele, in 2001.
Harris was convicted in 2007 but the verdict was later thrown out based information from a new witness.
His attorney, Bill Easton, appealed to have the second trial moved.
Easton does not believe he can get an unbiased jury in Tioga County due to the publicity of the case and the first trial.
Tioga County District Attorney Gerald Keene argued media coverage has been favorable to the defense.