ST. PETERSBURG, Fla. — Court will resume Monday in the John Jonchuck trial, which is nearing the end of testimony.
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Jonchuck's attorneys are trying to prove he was insane when he dropped his 5-year-old daughter Phoebe off the approach of the Skyway Bridge to her death on January 8, 2015.
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.
Still, jurors are not finished hearing testimony just yet.
On Friday, Helinger ruled not to allow an alleged statement from Jonchuck.
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It all has to do with prosecution rebuttal witness Kyrsten Malcom. Malcom is a paralegal at the law office of Geneve Torres where Jonchuck stopped by the day before Phoebe was killed.
Malcom was there and part of her planned testimony, she says Jonchuck called the office seven times after he left that day, and at one point said, "If I can't have her, nobody can," referring to his daughter Phoebe.
The defense said the problem is that they didn't know Malcom was going to testify to that statement, and since it wasn't revealed to them ahead of time, it's a discovery violation.
However, the prosecution said they didn't find out until very recently either and it's evidence that simply can't be ignored.
The state will resume calling rebuttal witnesses Monday.
Stay with Spectrum News for updates from court. You can also follow Cait McVey on Twitter.
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