UTICA, N.Y. -- He has yet to take the stand, yet murder defendant, Jason D'Avolio's words hung heavily in the Oneida County courtroom where his murder trial is in its second week.
Prosecutors played recordings of conversations between D'Avolio and his ex wife, Kerrilee D'Avolio, which they say Jason D'Avolio recorded within days of when he's accused of killing his estranged wife. D'Avolio's words are shocking.
"I just wanna hate your guts and (expletive) bury you in the back yard," D'Avolio can be heard saying. "Yeah, she's gettin' a bullet tonight. That she is," says D'Avolio.
Within just a few seconds of D'Avolio making some of the statements, the couple's young daughters can be heard in the background.
The defense seemed to be trying to establish that Kerrilee D'Avolio was depressed, thereby advancing the theory they laid out in opening arguments: that she took her own life.
"Were you aware if Kerri suffered from any mental illness?" asked Defense Attorney, Leland Mc Cormac.
"Yes," said Kerrilee's sister, Tiffany Thompson.
"What was that?" asked Mc Cormac.
"Post-partum depression," said Thompson. She also said there was no mental illness in their family.
Thompson also said she last saw her sister two days before she was killed, and that she seemed excited about starting a new life away from her estranged husband.
"She was excited, going apartment hunting," said Thompson. "She was excited about a new hobby she started to get into, which was boxing."
Testimony resumes, with more prosecution witnesses, at 10 a.m. Wednesday.