BAKERSFIELD, Calif. (KERO) — There are new details regarding the case against Wendy Howard whose trial ended with a hung jury for voluntary manslaughter in the heat of passion following the shooting death of her ex-boyfriend.
Friends, family, and supporters of Wendy Howard gathered following most court hearings. Protests and pleas were made by supporters arguing there is no reason to continue with a second trial.
Organizer of the Wendy Howard Defense Committee, Courtney Morris, poured out her feelings as she continues to try to prove Howard’s innocence.
"The one charge has not been dismissed. This is an egregious waste of taxpayers' dollars to retry a survivor of domestic violence,” said Morris. “Retrying this case would indeed be a complete retraumatization of the family and make no mistake the DA can dismiss the charge; they can choose not to retry.”
In a recent court hearing, arguments were made regarding whether or not an objection was made to try Howard on two separate counts of manslaughter.
When asked by Judge Elizabet Rodriguez if an objection to the retrial was raised prosecutor Eric Smith said "I did not recall there being an objection, your honor." However, Wendy Howard's defense attorney Tony Lidgett argued: “Off the record, I know I did but I cannot honestly say whether or not we were allowed to make a record on the record.”
Local defense attorney Kyle Humphrey explained what conversations held inside the judge's chambers can be used on record and what information is relayed back into the courtroom. He says the judge's chambers allow trials to move quickly, which he says is just one of the important steps when it comes to discussing things on the record.
“You want an atmosphere where people can really freely discuss things. You have the right to come out and put things on the record after any conference.”
Humphrey explained what could happen next: “Either he failed to make an objection which would be ineffective assistance counsel or that he had an argument that it was a, in my mind, a jurisdictional issue as to whether the court can go forward.”
Humphrey also says it's up to the judge to decide whether the choices made by the prosecution created two separate counts or is it just one count.
Although Howard is currently out on bail, supporters still claim a second trial would be unjust. Mark Christian, a juror from the original court case says he is in disbelief considering that this case is now three years old.
“I was trial juror number one. I listened to all the evidence. I listened to everything the defense, the prosecution said and for one I cannot believe that we are here again today.”
As of now the motion to dismiss the case has been postponed until April 5. Judge Rodriguez will review and determine whether or not attorney Lidgett did in fact object on record.
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