Testimony yesterday included the victim's husband, the FBI agent who dealt with Malvo in the beginning, and the man who found the two men and turned them into the police. Then the prosecutor tried to introduce the 911 tape of the victim's husband calling immediately after his wife was shot but Mr. Cooley got it excluded because it had little value towards proving the charge and was mainly intended to prejudice the jury:
"I do think it's prejudicial," [judge] Roush said after hearing the tape. "Whatever probative value it has is outweighed by the prejudicial impact."
And, the primary question remains: Will the prosecutor be able to get the jury agree to kill Malvo?
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