Woman to Testify Today for 9th Day
November 8, 2004
Jim Walsh - The Arizona Republic
An Ahwatukee Foothills woman facing the death penalty on a charge of murdering her husband takes the stand today for the ninth day in a trial that has stretched twice the length of many felony-case trials.
Defense attorneys not involved in the case agree that Wendi Andriano's long visit on the stand is unusual, but some say it could be necessary.
"If there's something that only the client can explain, you have to put them on," said defense attorney Craig Penrod.
"It's almost unheard of," Tempe defense attorney David Michael Cantor said of the potential record-long appearance. "It's very risky. The longer a person is on the stand, the higher the chance they will offer an inconsistency."
In Andriano's case, she was the only witness to Joe Andriano's death at their Ahwatukee apartment Oct. 8, 2000. She has told her story of a violent marriage, her 33-year-old husband's terminal cancer and his death, which included stabbing, beating and poison.
If jurors don't buy her version -- that her husband committed suicide as part of a plot to fatten a medical malpractice settlement -- Andriano could become the second woman on Arizona's death row.
Defense attorney Larry Hammond said most defendants facing a potential death sentence don't testify, but he advises women in a battered-wife defense to testify. Andriano's attorney, Dan Patterson, has argued that Joe abused her.
The case is being heard by Judge Brian Ishikawa of Maricopa County Superior Court.
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