TULSA, Oklahoma - Former Tulsa police officer Shannon Kepler is back in court Tuesday, but his attorney is asking for the case to be dismissed.

They say because the jury in Kepler's third murder trial said there wasn't enough evidence to decide a verdict another trial would be comparable to double jeopardy.

Kepler has been tried three times for the murder of his daughter's boyfriend, Jeremey Lake.

The Tulsa County District Attorney has recently said he'll move forward with a fourth murder trial.