UTICA - The prosecution rested this afternoon and the defense called three witnesses before resting their case in the trial of Wesley Molina-Cirino, also known as "Flaco," accused of the shooting death of Utica Police Officer Thomas Lindsey. One of the defense's witnesses - Wanda Ortiz.

She had her own translator at the witness stand with her. Ortiz testified that defendant Flaco was among the people at her house the night of April 12, 2007 - the night Officer Lindsey was killed. Flaco is the cousin of her live-in boyfriend, Jose Cirino. Wanda Ortiz said that when she went up to her bedroom around 6 p.m. that night, Wesley Molina-Cirino was in her house.

She said her daughter called and woke her between 9:00 and 10:00 that night and told her police were outside the house. When she went downstairs to check things out, she says Wesley Molina-Cirino was there. But the prosecution showed her an earlier statement where she'd told police it was a bit later that her daughter called and she saw the defendant in her house.

"Is it fair to say, Wanda, that the interpreter just read to you that on your statement you indicated it was 10:30?" Ortiz was asked.

"I don't remember saying that," Ortiz responded.

The later Wanda Ortiz went downstairs and saw defendant Wesley Molina-Cirino in her house, the more feasible it is that he had time to go out and possibly kill Officer Lindsey.

A woman who heard shots fired called 911 at 9:23 p.m. that night. So if Wanda says she saw Molina-Cirino in her house from 9 p.m. on, her testimony would make it highly unlikely if not impossible for the defendant to have killed the officer.

In a statement to police shortly after the incident, Wanda Ortiz told police she saw Molina-Cirino in her house right after her daughter called her around 10:30. p.m.

Today, though, she says it was between 9 and 10:00 p.m.

Closing arguments are at 9:00 Wednesday morning; then the jury will begin deliberating the case.