Defense resumes their case on Wednesday - Cincinnati News, FOX19-WXIX TV

Defense resumes their case on Wednesday

Reported by Sara Gouedy - bio | email
Posted by Trina Kinstler  - email

NEWPORT, KY (FOX19) - Defense attorneys in the Cheryl McCafferty trial resumed questioning witnesses on Wednesday.

Cheryl McCafferty is the Fort Thomas woman accused of murdering her husband, Bob, in June of 2007.

In a somewhat surprising move, the defense called Cheryl to the stand on Tuesday as one of their first witnesses. She gave her testimony of what happened the night before Bob was killed.

The defense resumed their case Wednesday with Tricia Tyson, a nurse at St. Luke Hospital who specialized in sexual assault and domestic violence. She took photos of Cheryl the day of Bob's murder. Those photos were blown up and placed in the courtroom for jurors to see.

Tyson said there she noted two contusions on Cheryl's face, including one on her right temple. She also noted that her upper lip was swollen.

Cheryl also complained of abdominal pain, it was believed to be nausea. The abdominal pain was not included on the doctor's discharge report.

Under cross examination, prosecutors pointed out that the injuries could have been caused by a number of things.

The defense then called Dr. George Nichols, a physician and forensic pathologist to the stand. He had viewed photos from the scene and of Cheryl, and noted that the contusion on her face was circular, and not consistent with a fist.

Dr. Nichols said there's one main way to tell if a person is asleep or awake when died, and that is the presence of gun shot residue on the eyeball.

However, just before Dr. Nichols was assumedly going to say whether or not the was GSR on Bob McCafferty's eyeball, the court took a short break, and when everyone returned, the defense stopped their questioning and the court took a lunch break.

The lunch break took almost an hour longer than expected, and Judge Julie Reinhardt Ward apologized for the delay. But, there was no explanation for it

Testimony resumed with Ross Gardner, a blood spatter and blood stain specialist. He started by noting his long list of credentials, and admitted that even though he gets paid for his testimony, "they buy my time, not my opinion."

Gardner looked at evidence from the scene, and testified that in his opinion, Bob McCafferty's head was off the pillow. He said the bullet hole in Bob's head was not consistent with where the gun would have been, and also believes Bob's head was repositioned after he was shot.

In response to why a blood spatter specialist witness called by the defense came to a different conclusion, Gardner said that witness did not measure enough stains and only concentrated on the larger ones. Gardner said there's no way to tell whether or not Bob was awake or asleep when he was shot.

FOX19 Reporter Sara Gouedy is in the courtroom and providing updates as she gets a chance.

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