An Orange County judge agreed yesterday to move forward through the murder trial the Donna Jean Somerville, rejecting defense arguments that prosecutors had not verified the 2001 death of she husband to be a crime.

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Defense attorney Samuel P. Higginbotham II request Circuit referee Daniel R. Bouton to strike the prosecution"s case instantly after the republic rested. He said that the evidence was insufficient and also inconsequential and also failed to create that a crime had actually been cursed in the drug-poisoning fatality of Hamilton A. Somerville Jr.

Bouton denied the motion, speak he is required to analysis the prosecution evidence "in a light many favorable to the commonwealth."

He stated that there were two disputed worries in the case: whether over there is evidence that Ham Somerville died as a result of a criminal act; and whether over there is evidence Donna Somerville to be the criminal agent.

The judge claimed the very first issue was addressed come his satisfaction by a forensic toxicologist and also a state clinical examiner, who testified that Ham Somerville passed away of linked drug poisoning from ingesting morphine, oxycodone and codeine.

On the 2nd issue, he said Donna Somerville"s existence in the residence at the scene of her husband"s death, the actions she take it before and after his death, and statements the she had made were enough to store the nonjury attempt going.

Donna Somerville is charged through first-degree killing by poisoning in the Nov. 13, 2001, fatality of she husband. She to be indicted by a special grand jury convened in November 2002.

At the beginning of the trial, one-of-a-kind Prosecutors note Robinette and also Randy Krantz stated they intended to introduce proof of marital discord in between the Somervilles and also that Donna Somerville"s extramarital affairs were the motive because that the slaying.

Their angry list consisted of six males they said were romantically associated with the defendant, however they to be unable to administer testimony come bolster that claim.

One that the six, Robert Lancer Clore, was called to testify, however exercised his fifth Amendment right versus self-incrimination and also refused come answer questions.

Another, Jeff Carpenter, testified the he and also Donna Somerville had actually one sex-related contact, yet defense attorneys noted that Carpenter is under indictment because that felony cocaine possession and also his case will be tried through the exact same special prosecutors.

Wiretaps that Donna Somerville"s home and also cell phones, i beg your pardon were acquired by the commonwealth in October 2002, to be played in court this week. While 3 of the 6 alleged paramours talked to Donna Somerville about being subpoenaed to testify before a unique grand jury, no one of the conversations was romantic or incriminating.

The prosecution declared it would offer evidence of a gaue won motive for Ham Somerville"s death: His widow would certainly get an ext money v inheritance 보다 as a divorcee accused of adultery.

Witnesses were called to support that claim, however Bouton ruled against much of that testimony being admitted.

The defense, meanwhile, was able to show that Ham Somerville"s will certainly left whatever to his wife and also that he had actually put both the historical 345-acre mount Athos property and also his invest account v Merrill Lynch in share ownership.

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The defense will begin presenting its case today. Testimony is supposed to be perfect by Tuesday, and also Bouton is expected to provide a verdict prior to the finish of following week.

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