Joe Herrera, 29, is accused of shooting and killing his then girlfriend, 18-year-old Stefanie Comack. It happened Christmas morning 2011 in St. Maries, Idaho. Joseph Herrera is on trial facing 2nd degree murder charges.
On Thursday, the defense motioned for a mistrial after Stefanie's sister, Kaytlin, testified about a bruise Stefanie presumably got from Herrera. The defense argued that Kaytlin's testimony would create prejudice with the jury. The motion was denied.
Several witnesses took the stand Thursday before a power outage forced the judge to adjourn for the day.
The trial is set to resume Tuesday. Joe Herrera is expected to testify in his own defense some time next week.
The trial was recently moved to Kootenai County. Of a jury pool of about 100 people in St. Maries Idaho the prosecution and the defense could not seat a jury in Benewah County because it was a "high profile" case.