Planned protest cuts short deliberations in Janepsy Carballo murder trial

Carballo accused of fatally shooting man she believed killed her husband

MIAMI – A second day of deliberations in the murder trial of a woman accused of killing the man she believed killed her husband was cut short Tuesday because of a planned protest outside the Miami-Dade County courthouse.

The 12 men and women who make up the jury in the Janepsy Carballo murder trial were dismissed early "in an abundance of caution," Judge Teresa Pooler said, because of a planned protest in response to the grand jury decision in the shooting death of Michael Brown in Ferguson, Missouri.

That gives Carballo at least one more night of freedom as she remains free on bond during the trial.

The North Miami widow faces a first-degree murder charge in the fatal shooting of her husband's business partner.

Orlando Mesa was shot to death outside the couple's home in 2008. At the time, he was holding their 20-month old son, who was grazed by one of the bullets.

A month later, Carballo shot Ilan Nissim inside her house. Her attorneys claim he showed up unexpectedly and threatened Carballo, ripping her blouse and reaching for what she believed was a gun. It turned out there was no weapon.

At the core of the trial is whether Carballo shot and killed Nissim as an act of revenge or whether she shot him in self-defense.

Although prosecutor Abbe Rifkin was disappointed that court was adjourned early, she agreed with the decision.

"It's in everybody's best interest to be out of the area just in case some rogue person decides to become violent," Rifkin told Local 10 News.

Jurors have deliberated about 13 hours over two days. They were told to return to court to continue deliberating Wednesday morning.

Carballo faces life in prison if convicted. The jury could come back with a lesser charge, including manslaughter.

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