Prosecution calls defense’s argument an “ambush” during Christmas Eve shooting trial
[anvplayer video=”5188840″ station=”998128″]
(ABC 6 News) – It’s been nearly eight months since a Rochester man allegedly walked inside his girlfriend’s apartment on Christmas Eve and shot her in the head, leaving her to die.
Tuesday marked the second day of 35-year-old Phillip Turner’s trial, who’s facing four charges, including 2nd degree attempted murder.
RELATED: Rochester man charged in Christmas Eve shooting to stand trial in April
It all started with a 911 call requesting a welfare check on Christmas Day, sending the Rochester Police Dept. to an apartment complex.
There officers found the 37-year-old mother of two, Jessica Riedel, lying on the ground, bleeding from the head, but miraculously still alive.
It's been nearly eight months since a Rochester man allegedly walked inside his girlfriend's apartment on Christmas Eve and shot her in the head, leaving her to die.
Hours later officers arrested Turner as he left out of the back door of his own home in Rochester.
During the second day of trial, 36 potential witnesses were narrowed down to a 14 person jury consisting of eight men and six women.
Turner’s defense team’s argument of what they say happened on Christmas Eve was finally brought to light.
The defense team, with lead attorney Amanda Lindberg, alleging that Riedel actually shot herself in the head and the only crime Turner committed was not calling for help.
The prosecution, led by the county’s Assistant Attorney Eric Woodford, called it an “ambush” by the defense team.
Woodford said the defense’s argument of suicide on the victim’s part was never disclosed to the state and should have been, referencing a case that dates back to the 1990s as precedent.
The judge on this case, Judge Lisa Hayne, ultimately decided she would allow the defenses argument. However, attorneys will not be allowed to question witnesses about Riedel’s mental health given she cannot defend herself due to the traumatic brain injury she sustained.
Judge Hayne sent jurors home 45 minutes early after a long recess following the deliberation with attorneys from both sides.
Multiple witnesses are expected to take the stand in the coming days, including Riedel herself, according to Woodford.
The trial is set to resume at 9 a.m. Wednesday.