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Welcome back everybody -- -- high profile trial winding down right now in Florida with the prosecution set to call its final rebuttal witnesses in the manslaughter case against Karen Kelly.
She's accused of fatally shooting her boyfriend at issue who handles all the trigger.
When that gun went off although Kelly did not take the stand her defense team scored some points before rested.
From testimony that the boyfriend had threatened to kill himself before.
Joining us now -- some thoughts on all this John.
Manually criminal defense attorney and long -- Dan -- who is.
Former prosecutor and -- excuse me today.
About that right okay -- I don't know welcome great to have you here let's talk from -- -- of and the fact that that the defense managed to score some points with the fact that.
-- it was introduced that her boyfriend had tried to kill himself well before Dan what do you think about that.
You know it's certainly a relevant fact and it should have been admitted but it was a long time ago and I don't think it will undermine the problem the defense -- -- -- that this defendant has given multiple versions of events from saying it was an accident disdain she shot in the self defense to now implying.
That the defendant shot himself and this evidence from several years ago that he threatened to kill himself.
That's really not gonna solve her problem but it is something to defense can use to argue their point to the -- And -- -- -- arguing that the start there was you know I struggle and that the gun.
Accidentally in that he did not -- she did not sure you know pull the trigger that they got excellent -- for every where he killed himself Dan what do you think about that.
Argument all along throughout this case.
Well she you know it's it's a fine argument but when she called 911 originally she said different versions even in that 911 call from saying it was an accident and when they were struggling over at the saying that it was self defense.
They're also implying that he shot himself so if they can go with their theory of the case but they still have all these other theories that are out there that she's asserted.
And that's going to be a problem for her credibility.
John what are your thoughts on this fact that -- did defenses seeing this as.
Something that is a positive.
Given a very tough situation.
-- -- -- -- allegations and suspicions are not enough to convict anybody in America you need beyond a reasonable doubt which is the highest global.
Of certainly required under the law and that's what the defense should be doing you should be putting pressure on the prosecution to prove that beyond a reasonable doubt.
There are several problems in this case the first problem is -- one.
Medical examiner that's saying that -- -- was one inch from.
The boyfriend's face which would be more robbery evidence that.
This may have been not something that the boyfriend of -- that he picked up the gun that he put it against his cheek and it corroborates that through the 2006.
Commitments for the voluntary commitment in which he also tried to kill himself so again that alone may be reasonable doubt for the jurors to hang their hat on.
I had a dollar she doesn't it take -- -- call up right now.
The Karen when she was.
Arrested that night as she talks about what happened let's listen.
About lean mean it's.
Gone right along.
And if you let me hitting me.
Yeah yeah I have a I -- I'm heading in comedy and and it here.
I am proud that I can imagine and I can't let -- amount and I don't know that I -- So there you have it -- how do you.
You break that video and and of itself -- it tell you about the defendant here.
That's problematic over because you have the telephone call tonight will once saying that their boyfriend clearly died in her opinion.
And then when the police officers come she asked them in that video and I've seen the entire video is he okay is he gonna make it so that's inconsistent so -- -- an issue.
As to whether or not she's embellishing her intoxication levels.
But again she's in clearly intoxicated.
And it's not allegations or suspicions I hate to go back to that but it clearly is about reasonable doubt can the prosecution prove.
That she killed him either through -- heat of passion.
Or through some other sort of theory and the -- the problem is I would say no because.
There is enough evidence specifically circumstantial -- forensic evidence that points are to her guilt that this.
The Dow -- your reaction that video and also the fact that it Karen told the jury about the court actually that she was simply too emotional -- In her behalf filed.
Brady -- give me your thoughts about a video and other prior statements from the defendant undermine the defense argument now that he.
Shot himself in that the prior suicide threat it's relevant to him try to kill himself now in their theory because they've -- other things in the past.
As far as her not testifying she doesn't have.
The -- and have to testify just the right not to testify and be -- but to say she didn't testify because she was too emotional which is what her defense.
Seems very strange because she's on trial.
For manslaughter she's gonna go away to prison for a long time and of course she's going to be emotional but you would think that she would testify she thought -- was best.
In her legal interest to do so but she doesn't have to -- -- -- has the right to remain silent.
-- -- would we shall see what lies ahead as this trial continues -- we will get more reaction as more events unfold in this case thank you very much.
Thank you thank you.
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