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Judge to jury: James Colley not testifying is not admission of guilt

Jury to deliberate Wednesday on 2 counts of murder, other charges

ST. AUGUSTINE, Fla. – After three days of damning testimony in the trial of James Colley in the 2015 shooting deaths of his estranged wife and her friend, the defense presented a handful of witnesses Tuesday morning, then rested.

Colley, 38, is accused of killing Amanda Colley and her friend Lindy Dobbins in a St. Johns County home hours after a court hearing about his violation of a restraining order requiring him to stay away from his wife.

In its closing argument, the prosecution recounted evidence in the case -- witnesses, Colley's DNA found on guns, ballistics, crime scene photos and 911 calls.

"He had time to reflect that morning. He had time to change his mind. He didn’t do that. (He had) intent to kill," Assistant State Attorney Jennifer Dunton told the jury.

Defense attorney Terry Shoemaker then talked about Colley's contentious marriage, saying Amanda Colley had been stringing her husband along.

“She kept bringing him back in and not allowing him to move on. Just a constant, over and over and over," he said. "Is it reasonable to think that something happened that led him into that house? I believe it is and I wish I knew what it was.”

VIDEO: What is James Colley's defense?

In his opening statement last week, Shoemaker told the jury it’s not a question of whether or not Colley killed his wife, but what would lead him to do it. Shoemaker had said Colley was heavily medicated for depression, anxiety and other medical issues and wasn’t himself.

After the prosecution rested Monday afternoon, the defense withdrew its argument of involuntary intoxication, both for the trial and in any future appeal. Circuit Judge Howard Maltz asked Colley directly if he was aware of impact this could have on the case and he acknowledged his agreement.

Tuesday morning, the defense called five witnesses, including Colley's sister, Rhonda Colley Boatwright, who testified that she would do anything for her brother, "up to a point."

Boatwright called the murders "a very traumatic event," adding, "I know a lot of people don't care about the defendant's family.

The defendant did not take the stand during the trial. After the defense rested, Judge Maltz reminded the jury that his decision not to testify is "not an admission of guilt."

Colley is charged with two counts of first-degree murder, two counts of attempted first-degree murder, two burglary counts and a count of aggravated stalking. The state has said it plans to seek the death penalty if Colley is convicted.

The jury is expected to begin deliberations Wednesday morning.


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