Police to testify in murder trial

MIAMI (WSVN) -- The prosecution continued to placer witnesses on the stand Thursday morning, in the case of a man accused of killing his ex-wife's husband.

Day three of the trial is underway as crime scene investigators and members from the medical examiner's office are expected to take the stand. Ultimately, a jury will have to decide if Cristobal Palacios, Jennifer Winter's ex-husband, is guilty of murdering Winter's new husband, Paul Winter.

Winter was forced to relive a horrific nightmare in court on Wednesday. Palacios stands accused of shooting and killing the British born, graphic designer back in October of 2008.

Palacios came to the Winters' South Kendall home to drop off the former couple's twin son and daughter for a visit.

The twins, who were 6 years old at the time, witnessed the alleged fatal shooting, which occurred on Jennifer's birthday. "He still had the gun in his hand, and I could see my kids there, huddled together, crying, just crying," said Jennifer.

Palacios called 911 after he emptied his gun clip. Winter was shot six times, twice in his back.

Paul and Jennifer Winter had only been married a year before Paul lost his life in the shooting. "I looked at [Cristobal] and I said, 'How could you do this? Why did you do this? Why did you kill my husband? How could you do this?'" Jennifer said, through tears. "And he just smiled at me. He was so proud of himself."

Palacios' attorney also challenged Winter's claims that the defendant, a former bank executive, threatened to kill her husband. It is an alleged threat she never told her husband or police about. According to Palacios, he acted in self-defense. "Paul Winter had been threatening Cris for years. Put a gun to his head, told him he was going to shoot his head off, did it in front of his family," said defense attorney Mike Walsh, "and on this particular day, Paul Winter got out of the van and charged directly at Cris."

Attorney: "But he would tell you, 'I'm going to kill your [expletive] husband,' right?"

Jennifer: "He refused to refer to him as my husband. He said, 'You and your [expletive] boyfriend,' even after we were married. Yes."

Attorney: "OK, now those threats, did you ever call the police on those threats?"

Jennifer: "No, sir, I told my attorney about it."

After several hours of intense cross-examination, Jennifer said she was having a panic attack, as she breathed heavily and requested a recess. "I have lupus, sir, and I have a heart condition really bad," she told the judge.

The judge did grant a recess, but Jennifer did not have to be removed from the courtroom. Fire rescue was not called, and the trial resumed.

On Tuesday, Winter's daughter testified against her biological father. "He was smiling," the girl said.

Attorney: "Who was smiling?"

Girl: "Cris."

Attorney: "When was he smiling?"

Girl: "When he was shooting."

The trial is not expected to end until the middle of next week.

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