Defense wraps up closing arguments in Erika Sandoval murder trial

TULARE COUNTY, Calif. (KFSN) -- Claims of abuse remain the center of defense for Erika Sandoval in Tulare County.

"So, I'm going to leave you alone, don't say an (expletive) thing to me while I'm still here. My brother is coming over, so just keep your (expletive) mouth shut and stay in here."

During closing arguments on Monday, the defense brought back audiotapes Sandoval's ex-husband recorded of an exchange between the two.

More than 10 years ago, Sandoval shot and killed her ex-husband, Daniel Green.

Her fate will soon be in a jury's hands again after a mistrial in 2019.

Prosecutors have consistently said Sandoval was a jealous ex-wife who thought she could get away with murder.

But the defense attorney argues Green's alleged abuse pushed the worried and scared mother to the edge.

"And so why is battered woman syndrome so relevant?" asked Sandoval's attorney, Megan Casebeer.

"Her trauma from the abuse she suffered supports that she acted out of reasonable fear and not from a place of premeditation and deliberation. That's why battered woman syndrome is so important, and that's why you get this jury instruction."

The defense laid out what Sandoval felt when she said she found pornographic images and unsecured guns when she broke into Green's Goshen home that day in February 2015.

Then, they reviewed testimony by other women who said they feared the Exeter Police Officer.

"To show you that not only did Exeter PD not take Erika's concerns about Daniel seriously, but they didn't do it when other female members of the community came forward either," said Casebeer.

She even called into question the collection of evidence, or lack of collection, by police, which drew objections from the prosecution.

Casebeer also claimed that evidence from Green's phone was deleted as late as March 2017.

"It's the government's burden to prove beyond a reasonable doubt that Erika did not act out of provocation, and how can you possibly believe that has been done in this case when there is a hole of this size in the police investigation," Casebeer asked.

The defense rested Monday afternoon, and the prosecution will get one more chance to respond Tuesday morning.

Then, it's up to the jury to decide between murder, manslaughter, or self-defense.

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