Caryn Kelley breaks down in court
Updated On: May 23 2013 06:02:42 PM EDT
An Orlando woman on trial for the murder of her boyfriend in 2011 sobbed in court Thursday as she listened to audio of her own police-questioning in the moments after the killing.
Caryn Kelley, 48, can be heard in audio tape played for the jury crying uncontrollably and talking about Phillip Peatross, 46, who died from a gunshot wound to the face at a home in the College Park area of Orlando.
At one point she called him names. She then cries, "He's not here anymore."
In court, Kelley's crying in front of the jury prompted a warning from the judge. She told her that if she couldn't control herself, she would have to leave the courtroom, which she did at least once.
When court reconvened after lunch, Judge Heather Pinder Rodriguez issued another warning.
"If you feel you cannot control your emotions, you need to leave the courtroom," she told members of the gallery. "It is important that the jury weigh the evidence in this trial as facts and are not swayed by emotion in the court."
Kelley's account of what exactly happened in the minutes leading up to Peatross dying has changed several times. She claimed self-defense after her argument with Peatross. She also claimed she did not know it was Peatross in the house, and she thought she was shooting an intruder. She also claimed Peatross killed himself, which Orange County's chief medical examiner attempted to disprove Wednesday with forensic testimony.
Kelley is charged with second-degree murder, which carries with it a possible maximum life sentence.
Kelley may take the stand in her own defense once the prosecution rests its case.