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State rests, trial resumes Friday in '08 killing

Sep. 19, 2013 @ 12:00 AM

HUNTINGTON -- The prosecution rested its case Wednesday in the retrial of Robert Scott Frazier, according to court officials. The defense followed with a couple witnesses of its own, however the unavailability of its expert means the trial will not resume until Friday morning.

This week's trial marks the second time a jury has considered Frazier's role in the Aug. 25, 2008, shooting death of girlfriend Kathryn Gale Smith.

The defense argued Tuesday the fatal shooting was an accident, while a prosecutor insisted it was an intentional act committed by Frazier. It occurred during a domestic dispute at the couple's residence in the 500 block of Richmond Street in Guyandotte.

The arguments are similar to three years ago, when a jury convicted Frazier of second-degree murder in July 2010. That verdict was tossed last year by the state Supreme Court, as it ruled the trial judge erred in permitting the state's chief medical examiner to testify on behalf of his terminated deputy, Dr. Richard Belding.

Trial will resume at 9 a.m. Friday before Cabell Circuit Judge Alfred Ferguson. Court officials anticipate two defense witnesses, including the defendant himself. Closing arguments are scheduled to follow with a verdict possible by evening.

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