Story Published: Mar 17, 2010 at 8:44 PM PST
Story Updated: Mar 17, 2010 at 8:44 PM PST
Mallory showed little emotion as the verdict was read late Wednesday afternoon.
Wednesday morning, before the jury was brought in, Mallory's attorney Neil Cox told Judge Carl Kerrick he wanted the jury to have the option to reduce the charge of first degree murder to involuntary manslaughter.
Kerrick determined that since there was no indication the crime took place in the heat of passion, the court would not give instructions of the lesser offense.
During her final statement, Deputy Prosecutor Sandra Dickerson went over key points made by each witness. Dickerson also played the entire 9-1-1 call made the morning of the February 14, 2009.
She closed by saying four minutes, the least amount of time needed to fatally strangle someone, allowed Mallory plenty of time to premeditate and acknowledge he was killing his wife, Charlene Mabie. Dickerson said the act of strangulation isn't something that's done in the heat of the moment, and is not a crime of passion.
Defense Attorney Neil Cox said the evidence presented against his client easily falls apart and that it was mainly based on emotion.
"The state's case is long on emotion and innuendo and it's short on proof," said Cox. "Why are they repeatedly showing you these horrible pictures, even today, that prove virtually nothing? Did the defense bring an expert to try and argue to you that she (Mabie) wasn't killed by strangulation? They're playing to emotion because when you start to look a little deeper there isn't proof that Gary did it."
Cox went on to say there wasn't a motive in the case and that police mistook Mallory's grieving process for guilt. He said they then failed to look for other suspects. Cox said Mallory returning to the scene and worrying about his wife's well-being are not the actions of a murderer.
Dickerson ended Wednesday morning with one last message for the jury.
"Not one scintilla of evidence that anyone other than that man (Mallory), right there, strangled his wife," said Dickerson. "Not one scintilla of evidence. Go back there, do your deliberations, do your duty and find him guilty on both counts."
Kerrick set Mallory's sentencing for May 27.
