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Motion for a mistrial in Duenas murder trial

Published On: Jul 16 2013 09:30:12 PM CDT   Updated On: Jul 16 2013 10:10:14 PM CDT
Duenas pic
REDDING, Calif. -

Ron Powell, the defense attorney for Mark Duenas, motioned for a mistrial after disallowed evidence was presented in court.

The evidence was part of an interview between between Duenas and Shasta County detectives in which Duenas was heard asking for a lawyer.

The jury was immediately sent home after the defense made its motion and attorneys and the Judge will meet on Wednesday morning to discuss where the case should go from here.

Duenas is accused of stabbing his wife Karen to death of nearly 33 years last May.

Tuesday was a full day of testimony.

One of the first to take the stand was Blake Adkins, a lifelong friend of Mark's son.

Adkins described the household in the house before the murder as "normal" and one of "best families" he has known.

He also said he often played wiffle ball with the Duenas boys and admitted to accidentally ripping a screen of Karen's bedroom when he lost control of the bat.

The argument that an intruder had entered the home has been made, but detectives said they have found no evidence of entry other than a slashed window. However, even with that, the detectives said that the area around the window appeared untouched.

The infamous 911 call was also played in which Mark Duenas either admits to killing his wife or talks about finding her.

The call was played before the jury for them to decide if Mark told a dispatcher he as the prosecution claims, "killed my wife, <expletive>, blood everywhere" or "I found my wife sick."

Several Shascom dispatchers took the stand to describing in detail their job.

The prosecution asked the workers everything from how the 911 system operates, where they sit in the building to what buttons they push to put a call on hold.

Russ Tyndall, who had been with Shascom for five months, was the first to take Mark's call but quickly transferred it to Lorraine O'Neil when he realized it was a medical call.

O'Neil is a 14-year dispatching veteran who has emergency medical call training.

O'Neil asked a frantic sounding Mark multiple questions like if he knew what happened to Karen.

On the recording Mark could be heard shouting that he had no idea and a few seconds later yelling, "it's in her chest."

That call lasted about two minutes before Mark disconnected, telling O'Neil he was going next door to get his firefighter son for help.