ST. PETERSBURG, Fla. — Court resumed Monday in the John Jonchuck trial with more rebuttal witnesses, except for one testimony from a major witness. 

Testimony stalled by the end of last week as Judge Chris Helinger was deciding on whether she would allow a piece of evidence from the state that the defense claimed was not disclosed ahead of time. 

On Friday, Helinger ruled not to allow an alleged statement from Jonchuck where he said, "If I can't have her, nobody can," referring to his daughter Phoebe. 

Day 15 of the trail began with the judge asking Jonchuck if he wanted to testify.  In a quiet, slow voice he refused, saying "no ma'am."

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One of the witnesses that testified early Monday afternoon was Dr. Bursten, who said Jonchuck told him he was using Spice three weeks before Phoebe's death. 

Shortly after Bursten took the stand, the court took a recess and the defense moved for a mistrial, saying Dr. Bursten's testimony was a "character assassination."

The court is currently on break until 2:15 p.m. 

Bay News 9 will continue to update you throughout the trial. 

Stay with Spectrum News for updates from court. You can also follow Cait McVey on Twitter.

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