People v. Posey CA1/4

BACKGROUND

As described in our prior opinion in this matter, “[d]efendant’s estranged wife, Elizabeth Posey (Liz) [fn. omitted], was shot to death when she went to defendant’s house to drop off the couple’s children for a weekend visit. She died from a contact shot to the head; the muzzle of the gun had been pressed under her chin against the skin. Defendant told the police the gun discharged accidentally during a struggle to disarm Liz after she tried to kill him because he reneged on a promise to pay a $2,000 expense.” (People v. Posey (Jan. 22, 2009, A118361) [nonpub. opn.] at p. 1–2.) “The prosecution maintained that defendant planned to murder Liz when she came to the house and did so by holding her down and shooting her in the head. The prosecution presented numerous police officers and forensic scientists who testified that the defendant’s account of the shooting was inconsistent with the physical evidence. The prosecution also presented evidence that Liz was too frightened and intimidated by defendant to attack him as defendant claimed and that defendant, not Liz, had a reputation for violent behavior.” (People v. Posey, supra, A118361 at p. 2.) Nothing in the record…