Jury deliberates in McCafferty trial

Cheryl McCafferty
Cheryl McCafferty

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

NEWPORT, KY (FOX19) - The jury in the trial of a Fort Thomas woman accused of killing her husband has begun deliberating.

Cheryl McCafferty claims she shot her husband, Bob, in self defense in June of 2007. Prosecutors argue that he was sleeping when he was killed.

An alternate juror spoke with FOX19 and said he believed a lot of what was said in court, including Cheryl McCafferty's account of what happened the night before Bob's death. He believes the case was investigated the best it could have been, but he would have liked to hear more from the McCafferty children, Molly and Patrick, and also more about the alleged history of violence between Bob and Cheryl.

Court got a late start on Monday morning. An at-capacity crowd made its way into the courtroom around 10:30 a.m.

Prosecutors called two more rebuttal witnesses to the stand. Officer William Hunt with the Fort Thomas Police Department took the stand to talk more about pieces of the McCafferty bed that were taken in as evidence. Hunt is a field training officer and part of the crime scene team who gathered evidence at the scene of the murder.

Prosecutors then called Det. Brad Adams from the Fort Thomas Police Department, who had collected financial information from the McCafferty home. He discussed a travel charge he found to the Grand Cayman Islands.

When court broke for lunch, no one left the courtroom because they did not want to lose their seats.

After lunch, defense attorney Frank Mungo made his closing argument.

He spoke to the jury in a quiet voice, telling them there was no greater task ahead of them.

"For so long, Cheryl has been waiting to tell her story," he said.

Mungo told the jury Cheryl acted to protect herself. He also again brought up on of the defense's main points during the trial - that the Fort Thomas Police Department botched the case.

"It's her evidence, too, that they ruined," he said.

He asked the jury if they would look at the case differently if the case involved Cheryl and a stranger.

"(Bob) was a stranger to her that night," Mungo said.

Mungo said the most reliable testimony came from the McCafferty children, Molly and Patrick.

"They sat here," Mungo said as he pointed at the witness stand, "and embraced their mother with their eyes. Nothing but love."

Cheryl McCafferty cried during Mungo's entire closing argument.

Prosecutor Michelle Snodgrass then made her closing arguments, going through every piece of evidence in the case. She responded the defense's claim of a contaminated scene by saying, "Don't let the defense distract you. At no point was this scene ruined."

Snodgrass said the Commonwealth was not forced to prove a motive, but said the deception in Bob and Cheryl McCafferty's marriage was enough.

Snodgrass spoke for over an hour and a half, and even had the McCaffertys' bed in the courtroom. She said there was no imminent danger of physical abuse.

"You have to find her guilty," Snodgrass told the jurors.

Judge Julie Reinhardt Ward said jurors have a number of options - to find Cheryl McCafferty not guilty, guilty of murder, guilty of 1st degree manslaughter, guilty of 2nd degree manslaughter or guilty of reckless homicide.