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Retrial for woman who shot, killed husband

Posted: 9:03 AM, Sep 14, 2015
Updated: 2015-09-14 16:03:50Z
VISTA -- Opening statements are scheduled Monday in the retrial of a Carlsbad woman who fatally shot her school-teacher husband in the couple's home more than three years ago.
  
Julie Elizabeth Harper, 42, was acquitted last year of first-degree murder in the Aug. 7, 2012, shooting death of Jason Harper. A jury deadlocked 9-3 in favor of acquitting the defendant of second-degree murder.
  
Harper testified in her first trial that she shot her 39-year-old husband accidentally, but feared for her life when he came at her in a rage during an argument in their bedroom. The couple's three young children were downstairs watching cartoons when the shooting occurred.
  
Harper, a stay-at-home mom, testified that her husband raped her at least 30 times and was verbally and physically abusive for more than a decade.
  
Deputy District Attorney Keith Watanabe told jurors that Harper shot her husband to death, then -- instead of calling for help -- left the home with the children and a "getaway bag."
  
The defendant, who filed for divorce five days before the killing, surrendered to police at her father's Scripps Ranch home a day after the homicide.