Testimony Ends in Delon Trial

In a surprise move Wednesday, the defense in the murder trial of Kimberly Delon rested its case without calling the defendant to testify.

The 11-woman, one-man jury will begin deliberations next week to determine if Delon is guilty of second-degree murder, voluntary manslaughter or involuntary manslaughter in the fatal stabbing of her husband, whom she later buried in the vegetable garden in front of the couple’s Solana Beach house.

The defense maintains that Delon acted in self-defense by pulling a knife that had been hidden for her protection and stabbing her husband five times as he attempted to strangle her.

Meanwhile, San Diego Superior Court Judge John Thompson denied a defense request to have the charges dismissed.

Defense attorney Patrick Hall argued outside the presence of the jury that Deputy Dist. Atty. Ann Barber failed to present evidence that contradicted an audiotape statement that Delon gave to prosecutors one week after the Aug. 31 killing, in which she said her husband was choking her.

Barber played the statement for the jury as part of the prosecution’s case. Because the tape allowed the jury to hear Delon’s explanation for the stabbing, defense attorneys did not have to present Delon to the jury and subject her to a cross-examination by opposing attorneys.

Barber is scheduled to present evidence to rebut the defense case Friday, and closing arguments are expected Monday.