Story Published: Mar 16, 2010 at 9:17 PM PST
Story Updated: Mar 16, 2010 at 9:17 PM PST
Tuesday in Nez Perce County 2nd District Court, Mallory's attorney Neil Cox called just five witnesses to the stand before resting his case. Those witnesses included a Lewiston Police detective, a patrol sergeant and one of Mallory's roommates who lived in the Seventh Avenue home where Mallory's wife Charlene Mabie was found strangled to death on Valentine's Day 2009.
Mallory is charged with first degree murder and felony domestic battery in connection with her death.
Judge Carl Kerrick gave Mallory a chance to testify on his own behalf Wednesday, but Mallory declined.
"You understand you have the right to testify if you choose to?" asked Kerrick.
"Yes your honor," said Mallory.
"And you understand you have that right even if you happen to disagree with your lawyers and choose to testify even in spite of their advice to the contrary, if that's their advice?" said Kerrick.
"Yes your honor," said Mallory.
"Do you want to take any additional time to think about that?," said Kerrick. "Or are you comfortable with that decision at this time?"
"I'm comfortable with my decision your honor," said Mallory.
"So my understanding is your decision is to not testify," said Kerrick.
"Yes your honor," said Mallory.
Kerrick made the determination to hold off on closing arguments until Wednesday morning at 9:00 a.m.
Then the case will be in the hands of the jury.
