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Defense phase begins in Clara Harris trial
HOUSTON, Texas (CNN) -- Attorneys for Clara Harris started presenting their case Friday after prosecutors rested their case in the trial of the Texas woman accused of running over her philandering husband with a Mercedes-Benz. Clara Harris is accused of killing her husband David, also 44, in a hotel parking lot last July 24 after confronting him and another woman in the building lobby. Clara Harris is charged only with murder, not capital murder, and therefore ineligible for the death penalty. She faces a maximum sentence of life in prison if convicted. But if the jury finds Harris' actions were aroused by a "sudden passion," it may sentence her to probation or up to 10 years in prison. Speculation persisted that the mistress to David Harris might testify as early as Friday. On Thursday jurors took the day off while attorneys debated whether an accident specialist would be allowed to testify for the defense. State District Judge Carol Davies said Thursday she would allow the testimony of the specialist, Steve Irwin, but he won't be allowed to offer jurors his opinion on how many times 44-year-old David Harris was struck. Irwin's analysis of data surrounding the death of David Harris differs from eyewitness accounts. During Thursday's hearing and outside the presence of jurors, Irwin said David Harris had been run over only once. Eyewitness accounts have stated that David Harris was run over three or four times. Irwin told Davies he has used police measurements and photographs to recreate the path driven by Clara Harris. Irwin said from his recreation -- based on his study of the collision, research into the car Harris was driving and the location of the body -- it would be impossible for her to have circled around and hit David Harris "again and again and again," as prosecutors have alleged. Stepdaughter: Harris aimed car at husband
On Wednesday, Lindsey Harris testified against her 44-year-old stepmother. Lindsey was 16 last July when the incident occurred and was in the car with Clara Harris when her father was run down in the parking lot of the Nassau Bay Hilton hotel. Lindsey said on the witness stand that her stepmother had an "evil" look on her face as she accelerated her Mercedes-Benz toward David Harris and his mistress. She told the court she screamed: "No! You're going to kill my father!" Lindsey said her stepmother said, "I am going to hit him" and ran over him three times. In order to get the maximum sentence against Harris, the prosecution must prove she intended to drive over her husband. Defense attorneys are trying to show that their client was distraught over her crumbling marriage and had gone to great lengths to make herself more attractive to her husband. They said that a week before the death of David Harris, Clara Harris made trips to the hair salon, a lingerie store and even wanted to get breast enlargements and liposuction. Stepdaughter's family wants Clara Harris to take responsibility
Outside the courthouse Thursday, Lindsey Harris' stepfather, Jim Shank, read a statement to reporters. "We have heard a lot about Clara Harris and how hard this has been on her," he said. "However, the focus should be on Lindsey, how hard this has been on her, her brothers and all of her family." Shank said the family is trying to get back to normal. He also said the situation was between three adults and that Lindsey never should have been involved. "We feel that Clara was wrong in her actions and for involving our daughter," he added. "We will not be satisfied until justice is served. It does not matter how angry you get, you do not have the right to kill anyone for any reason, especially in front of their innocent child." -- CNN Correspondent Ed Lavandera and Producer Tracy Sabo contributed to this report.
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