Story Published: Mar 10, 2010 at 10:15 PM PST
Story Updated: Mar 10, 2010 at 10:15 PM PST
Mallory is charged with murder in the first degree and felony assault. His wife Charlene Mabie was found dead in their 7th Avenue home on Valentine's Day 2009.
The prosecution and defense made opening statements to begin the trial, with defense attorney Neil Cox saying the police did not conduct a satisfactory investigation and that most of the statements were from people who were intoxicated at the time of the alleged crime.
He said since there are no eyewitnesses in the case, the state should not assume that his client is the killer.
"The only person who says anything about Gary's presence is Tim Feldman Senior and he didn't see Mallory," said Cox. "He heard somebody go down the stairs. I don't believe you're going to hear any testimony in this trial that anybody even heard an altercation or anything like that."
Deputy prosecutor Sandra Dickerson said the evidence will be conclusive, showing Mallory is the killer. She said one thing that proves it is a 911 call made on the morning of Mabie's death.
"These are excerpts from a 911 telephone call made on 2-14-2009 just before noon," said Dickerson, pointing to the text of the call as it was projected on a screen. "And yes ladies and gentlemen the evidence is going to show that he 'did some damage to her last night.'"
Following the opening statements, the prosecution began calling witnesses. Lewiston Police Officer Zach Ward was the first to respond to the home where Mabie's body was found. He took the stand and said Mallory was acting strange and his statements changed during initial questioning.
"The next statement he stated was consistent to the first one in the fact that they had gone out to the bar and had been drinking," said Ward. "Then he stated that he brought her (Mabie) back and she passed out. That was all the same. The difference was where his location was between the hours of approximately 1:30 a.m. and 6:30 a.m."
Ward was cross-examined by Cox, who clarified with him that people have different emotional reactions when grieving the loss of loved ones. Cox said Mallory was under the influence of alcohol at the time of initial questioning and may have been emotionally distressed. Cox said Mallory may have felt Ward was commanding and controlling the situation, causing Mallory to appear confused.
The trial will continue Thursday morning.
