Trial diary: Day 3 in Marc Stone murder trial


Stephen Marc Stone during the first day of jury selection at his capital murder trial, Jan. 28, 2019. (WHNT photo by Justin Allison)

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HUNTSVILLE, Ala. -- Monday marks day three in the capital murder trial of Marc Stone. Stone could face the death penalty if he’s convicted of killing Krista, his wife of 13 years, and their 7-year-old son at their home in south Huntsville in February 2013.

The couple had two younger daughters who were also home at the time of the killings, but Stone left them unharmed. The morning after the late-night killings, Stone dropped his daughters off with his parents in Leeds and then told Leeds police he killed two people in Huntsville.

His trial had been delayed because of concerns about his mental state. But in his opening statement on Thursday, prosecutor Tim Gann said Stone has no history of mental illness. Instead, Gann said there was evidence that the marriage was suffering. He then went on to describe the day of the killings.

Defense attorney Larry Marsili opened his statements by saying he doesn't dispute that his client did, in fact, do everything that Gann mentioned in his statements. Marsili says the part of the case that is under dispute is about what was going on in Stone's mind.

On the second day of the trial, jurors heard Stone tell police in a recorded interview that he fatally choked his wife and son, because something had “broken” inside of him. After the killings, Stone told police, he felt “free.”

The defense continued its case Monday arguing Stone is not guilty by reason of mental disease or defect. That would mean Stone was not in a state of mind to know right from wrong at the time of the murders.

Stone's background includes no reported history of mental illness. Prosecutors challenged the defense experts, pointing to their limited contact with Stone. The prosecution also introduced testimony from a close friend of Krista Stone's who said the marriage seemed normal and she never considered Marc Stone mentally ill.

One unusual note, the family friend said Christian music was usually played in the house. The last Sunday she saw them, a week before the murders, Marc was playing heavy metal music.

The prosecution also introduced letters from Krista to her husband, complaining about his use of pornography and her commitment to getting him help.

The defense and prosecution completed their cases Monday. The jury is due back Tuesday morning to hear closing arguments.

WHNT News 19 was in the courtroom Monday morning and offered a running account of the proceedings: 

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