Hammer attack trial: Defense rests - DC News FOX 5 DC WTTG

Defense rests case in Gilbert hammer killing trial

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PHOENIX (KSAZ) -

In court Tuesday, lawyers for the Gilbert mother accused of killing her husband with a hammer rested their case.

Their final witness: the accused killer's 18-year-old daughter.

She was a defense witness, so many of her statements supported the claim that the suspect was the victim of abuse.  She told jurors that she was well aware of the affair her mother was having before her father was killed.

There were no cameras in the courtroom for her testimony, but I was able to be there.

The 36-year-old accused killer was in tears when her now 18-year-old daughter testified.

The daughter told jurors that her family has a tumultuous home life and that her mom was more often on the receiving end of the abuse.

The night of the alleged murder, she told jurors she didn't remember much, but she woke up because she thought she heard someone crying.

Once the defense rested, prosecutors recalled some of their witnesses, including a psychologist who met with Devault.

"I diagnosed her anti-social personality disorder.  I also diagnosed her with post traumatic stress disorder with a specifier of prior history," said Janeen DeMarte.

Prosecutors also called a Gilbert detective who searched the accused killer's laptop and fond that web sites related to domestic violence defenses had been visited.

"If memory serves, I believe that there was at least five different web pages. I believe there was slightly more than that," said Scott Zuberbuehler.

But defense attorneys were quick to point that while the web sites may have been visited, it is not clear by whom.

"Sometimes by looking at the other searches that are performed, you can sometimes make a determination of who the likely person who did the search was. But in that case however, no I cannot tell," said Zuberbuehler.

The prosecution has a few more witnesses to call that are scheduled for March 26th.  So we cold see closing arguments and the case going to the jury before the end of the week.

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