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Jury Acquits Delon in Stabbing Death of Husband : Courts: Woman who killed husband and buried him in garden weeps with joy. She had claimed she acted in self defense.

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SPECIAL TO THE TIMES

Kimberly Delon and her attorneys shouted and wept with joy as a Superior Court jury Friday acquitted the Solana Beach woman of all charges in the stabbing death of her husband, whom she buried in her vegetable garden.

“This is a good day for you and not a bad day for justice in San Diego County,” defense attorney Ronald Frant told Delon as he held her in his arms. Tears streamed down both of their faces as they accepted congratulations from family and supporters inside the courtroom.

It was an unusually emotional court hearing, with Delon’s supporters rising to their feet as the last verdict was read. Her mother rushed to the defense table to be by her side. Moments later, Deputy Dist. Atty. Ann Barber returned to Delon the passport that was seized when she was arrested.

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The jury of 11 women and one man deliberated 1 1/2 days before deciding that Delon, 34, was not guilty of four separate counts--second-degree murder, voluntary manslaughter, involuntary manslaughter and spousal abuse.

“The 12 people heard all the evidence,” Barber said. “All the evidence was argued vigorously, and so it was put in front of a jury, and 12 people said not guilty.”

The jury was not available for comment after being escorted out of the courthouse through secured hallways.

Delon has maintained throughout her ordeal that she stabbed 34-year-old Bernard Delon five times early on the morning of Aug. 31, 1991, because he was trying to strangle her.

To explain the most problematic aspect of the case--why Delon buried her husband in a front-yard garden that had been dug up only hours before the killing--Delon said he had threatened her with the same fate while he was attacking her.

She also said that she hid the body and called cleaners in to remove blood from her new carpeting because she did not want her children to be exposed to the gruesome sight.

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“From the very first we took a position that we had nothing to hide,” according to defense attorney Charles Goldberg, who said “the truth” is what won the case for Delon.

In a rarely seen move, Goldberg allowed Barber to interview Delon after only one week in custody. By playing an audiotape of the question-and-answer session for the jury, Barber may have done the defense a huge favor. The dramatic tape made it unnecessary for Goldberg to call Delon to the stand, where she would probably have been subjected to a severe cross-examination by Barber.

Throughout the trial Barber and Goldberg sparred over legal issues, sometimes raising their voices at each other. Goldberg continued to challenge his opposing attorney even after Delon had been set free.

“My worst fear was that a prosecutor that twisted and misstated facts could somehow influence these jurors, and it didn’t,” Goldberg said. “They were too smart, they were too honest. The system works, thank God.”

Attorneys on both sides agreed that eleventh-hour evidence introduced on the third day of closing arguments played a role in the case. A jail employee called Goldberg Wednesday morning and said Delon appeared to have suffered a severe beating when she was brought to Las Colinas jail the day after the stabbing.

“And it was totally surprising to the defense attorney and to myself,” Barber said. “It was evidence that obviously helped the defense’s theory of the case.”

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Delon had little to say as she was swarmed by reporters after her acquittal. She thanked her attorneys for defending her. “They believed in me from the very first day,” she said jubilantly.

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