Trial continues for College Park woman accused of killing boyfriend
Updated On: May 23 2013 10:57:28 AM EDT
The trial for Caryn Kelley, who's accused of killing her boyfriend in College Park in 2011, continued Thursday, with Kelley sobbing in tears during testimony.
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Caryn Kelley's defense lawyer argued on Wednesday that prosecutors kept information from her in a case that's quickly gaining national attention.
Prosecutors wanted to ask Medical Examiner Jan Garavaglia about Kelley's reported use of the sleep aid Ambien and Xanax, something that turned into a showdown in the courtroom, which pitted lawyer against lawyer.
"When I ask repeatedly is there anything else, is there anything else, is there anything else and I get, 'no,' where there is something else, I have a right to know that before a very serious trial," defense attorney Diana Tennis explained to the court.
"Is it the witness' knowledge that I was supposed to have disclosed?" asked prosecutor Candra Moore. "There's been no additional testing and no change in her opinion."
In the end, the judge agreed with Kelley's defense team. The sleep aid and Xanax couldn't be part of the testimony.
That was one of many arguments before the court that delayed Kelley from taking the stand in her own defense by at least one day.
Kelley can be seen on police video claiming the killing of her boyfriend Phillip Peatross was an accident and self defense, a changing explanation prosecutors are trying tackle story by story.
Peatross' body was found wedged between a bed and a nightstand inside Kelley's College Park area home, where the two had apparently argued the night before.
During forensic testimony early Wednesday, Kelley buried her face in her hands while images of Peatross with a gunshot wound to his face were shown on an overhead projector.
Kelley is charged with second-degree murder and is free after posting bail.