Caryn Kelley will not testify; trial to resume on Tuesday - FOX 35 News Orlando

Caryn Kelley will not testify; trial to resume on Tuesday

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Circuit Judge Heather Pinder Rodriguez. (Gary W. Green / Orlando Sentinel /May 23, 2013) Circuit Judge Heather Pinder Rodriguez. (Gary W. Green / Orlando Sentinel /May 23, 2013)
Caryn Kelley, the College Park woman who is accused of killing her boyfriend in 2011 confers with her defense team as the manslaughter trial continues in a Orange County courtroom. (Red Huber / Orlando Sentinel /May 24, 2013) Caryn Kelley, the College Park woman who is accused of killing her boyfriend in 2011 confers with her defense team as the manslaughter trial continues in a Orange County courtroom. (Red Huber / Orlando Sentinel /May 24, 2013)
ORLANDO, Fla. (WOFL FOX 35 ORLANDO) -

It was a surprising moment when an Orlando real estate agent, on trial for manslaughter in the 2011 shooting of her boyfriend, decided not to testify.

After hours of waiting, Caryn Kelley told a judge she that wasn't going to take the stand. With that, the defense rested its case.

"After discussing this with my attorney, I've decided not to testify, because I am too emotional over the situation," she said.

Kelley, 48, is charged with shooting her boyfriend Phillip Peatross, 46, to death in her College Park home two years ago.  The defense claims Peatross put a gun to his head and Kelley tried taking it away, but during a struggle, the gun went off and killed him.  However the state has argued that Kelley shot her boyfriend following an argument with the Orange County Medical Examiner ruled the shooting a homicide, rather than a suicide.

Pathologist William Anderson took the stand on Friday, saying the gun was closer to Peatross than the medical examiner determined. 

"It concerns me that they didn't take the proper photo with the measurements," he said.  "You can't tell where he was shot.  You can tell where he started bleeding, but you can't tell where he was shot."

Given the emotional state of Kelley, Judge Heather Pinder Rodriguez recessed for the weekend, warning the jury not to talk to anyone about the case.  The trial will resume on Tuesday, following the Memorial Day holiday.

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