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-- Kelly scores back in session on the docket today surprise developments and what's being called the xanax murder trial.
The judge declaring a -- trial on Friday in the case of Brenda white.
After accusations by a friend of Brenda is that she allegedly heard jurors discussing this case outside.
Of the courtroom.
Brenda -- accused of driving her SUV into this building back in 2006 and mowing down her estranged husband they were in the middle of an ugly divorce.
Her husband's name John White she hit him not once but twice and broke both of his legs.
Brenda took the stand on Thursday in explained.
That she allegedly took a handful handful that was the term of anti anxiety medication xanax.
She claims she's not responsible for what happened claims she blacked out -- quote it was not me.
Here's the 911 call.
I -- -- -- apple are.
Yeah and I'm do you jumped into the building.
-- have Fairfield.
County -- can train that has been.
-- know company.
Trevor I I don't know I don't think they're -- the building he can train that got.
-- now the prosecution says it will retry this case in a scheduling conference has been set for August 27 joining me now frankly -- defense attorney.
And mark got bush a former prosecutor now defense attorney.
How have the trial -- going for the prosecution prior to the mistrial.
Well extremely well you know this this I did but.
I can't be held accountable for -- got to blame somebody else -- generically just doesn't work.
And -- specifically I did some research for this Kelly scored I looked up the side effects of xanax and they include changes in appetite.
Decreased sexual drive and oh look extraordinary desire to kill your spouse.
I guess it wasn't going so well for the prosecutor.
The question is -- whether she can get away with this and Brian because this is clearly the defense and she's gonna get retried she's gonna tell the new jury.
What she told the first jury which is I blacked out or something it wasn't me he was my best -- -- my lover I didn't want to hurt or kill him.
But it was that that handful of xanax and the lawyer says that that should get her off.
Well -- and -- it you know as a defense lawyer you have to come up with some argument to help your client.
And you know I mean mark -- is a point about xanax but that doesn't apply to every single person who take xanax a side effects could be different on on each person.
I think you have to look at the the history.
Of brown to white and you've got to make the best -- you can for her.
And and -- do is look at -- necessarily.
Cut back yeah when oil went this part of the history earlier that you got to prove intent you've got to prove intent here and Ted Kennedy until February and I think that's -- -- if you'll let me speak -- well here we got okay.
On act -- -- she was arguing with him about their financial matters relating to the divorce and an assault comes on.
Angry Johnny had never heard it apparently the lyrics which she said to eliminate threatening manner and this is prior to her running over -- in her vehicle.
I want to kill you.
I want to blow you away she also called him a parasite.
And said I'm going to wipe you off the face of the earth.
I don't know is that X don't do that that's not well helpful to the defense Bryant.
-- -- it's it's not helpful to the defense but I outside and in the United States and sure there's a lot of wives and husbands who have made some nasty remarks about each other.
And so I wanna get -- -- you or I wish you were dead and things like that not saying that's right.
But there's a big -- -- saying something like that and forming -- your mind that you wanna do.
That's true that's during their fourth this tradition was for an idea she had her head it would be it would have no chance but then it was a phase two where she ran over whether SUV.
-- that and negative here's the thing now -- he hasn't taken xanax before and this is the first time all of talk about Matt that's right after the break.
Frankly -- -- -- saying if she didn't know what does annex was gonna do they affect it was gonna haven't -- do we have evidence.
That this is a first time taking xanax.
Well that these are questions we have to ask ourselves hey have you take is asked before being if she hasn't how much does she take on this occasion -- -- what would that affect.
What what -- took -- apple then that could cause a blackout if her if you're asked.
Because it doesn't -- shows she attended arming them that arming and that maggot.
Anybody got to try to kill -- -- mark I have to do is take a handful of xanax before and you're off Scott free is it negates intent.
And let me just say -- today -- my wedding anniversary so I hope -- my -- isn't watching this but let me let me say this to be very clear.
Even if all the jurors themselves took handfuls of xanax and -- an excuse the fact that this woman drove directly.
Is to -- building and only what you currently locked her out of -- -- he -- one person put a black healthier and well what.
Yeah -- -- -- -- does it does it help her defense that heard the way in which she allegedly tried to Killen was so outrageous you know I mean.
Does it help curb suggestion that she was out of -- -- -- here's the bottom line what marks not a medical expert he's got a call be able to testify quarters of the affected xanax -- of a medical expert talk if she driving this.
And see what drives -- -- building the argument is she could have possibly blacked out because she took the exact example not simple.
They don't Brian Isaac and maybe maybe she's not convicted of -- attempted murder maybe it's negligent homicide if we didn't die so you know it.
Listen here's -- -- -- what happened between her taking descent and a handful of xanax and then the alleged attempted murder the supposedly.
-- she heard her husband on the phone of the parking garage telling someone else he loved her.
Early yeah -- seen from her side she testified to or heard of her lawyer did.
Yeah I don't see it and I and I respect -- a lot but his argument has actually no merit.
If you if it's just so happened that the person who got the -- of her vehicle inside of a solid building was the one she had declared.
I wanna kill you I want to wipe you off the face of the -- -- those are tough that.
Well having said all that there was a woman who was acquitted of shooting.
A family member based on her defense of having taken xanax prozac and other medications back in nineteen any -- -- got -- guys.
Didn't backs but -- thank you retrial likely very likely according to prosecution.
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