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Forensic Expert: McCafferty 'Lying Down' When Shot

Reported by: Bill Price
Email: bprice@wcpo.com
Web Produced By: Ian Preuth
Contributor: Jessica Noll
Last Update: 3/02/2009 10:12 pm
The McCafferty house in Fort Thomas, Ky. (9News)
The McCafferty house in Fort Thomas, Ky. (9News)

The jury in the Cheryl McCafferty murder trial heard about forensic evidence as prosecutors resumed testimony on Monday.

Jurors heard from three law enforcement forensic specialists about what their tests indicated concerning gunshot residue and any possible movement of Robert McCafferty's body.

The 44-four-year-old Fort Thomas mother of two is charged with shooting her husband Robert to death in their home on June 25, 2007. She showed no reaction to the technical evidence being submitted into trial Monday morning by prosecutors.

The jurors heard from investigators from the Kentucky State Police and the FBI. Both said gunshot residue tests did not definitively show whether Robert McCafferty might have fired a gun in the hours before he was shot.

Prosecution witness and blood pattern expert Carl Agner testified Robert McCafferty's head was stationary when a bullet pierced through it.

The testimony supports the prosecution's theory that Cheryl McCafferty killed her husband while he was sleeping at their Ft. Thomas home back in June of 2007.

Under cross examination, Agner testified his report came from viewing photos and video and not from visiting the crime scene.

Perhaps the strongest witness to take the stand for the prosecution was Detective Tim Carnahan with the Boone County Sheriff's Office.

He is also an expert in blood patterns and was at the crime scene to calculate measurements.

Commonwealth Attorney Michelle Snodgrass asked Carnahan what was Robert McCafferty's "final position during time of impact?"

Carnahan responded, "Lying down."

Under cross examination, Carnahan testified there is room for error but in this case was unlikely.

McCafferty's defense attorney claims her client was acting in self defense on the night of the shooting.

Deanna Dennison told jurors in opening statements that Cheryl shot her husband as he moved towards her in the bed after the two had a heated argument in the closet involving the murder weapon and a knife.

Prosecution witness Melissa Brown with the Kentucky State Police lab testified Cheryl McCafferty's blood was found on a knife police recovered from the closet.

McCafferty showed little emotion throughout Monday's testimony.

The defense is expected to begin presenting their side sometime this week.

As the Florence officer's testimony ended, he was forced to admit that he may have received some overtime for helping to work on the McCafferty case.

Testimony has convened for Monday in the Cheryl McCafferty Murder Trial. 

The judge told the jury a prosecution witness was unable to make it from Virginia due to a snow storm and jurors should check in Tuesday to see if testimony will resume.

Just after a brief recess, the judge informed the jury that court is adjourning for the day. She said that the prosecution’s next witness is from Virginia and has been detained due to a snowstorm.

She told the jury to call the phone number that they were given at another time after 4 p.m. for a recording that will tell them if the trial will resume Tuesday or Wednesday.

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