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WILKES-BARRE — A dispute over a piece of evidence Monday morning prompted a judge to excuse jurors for the day as Jessica Alinsky’s homicide trial entered its second week.

Alinsky, 32, is accused of shooting her 34-year-old boyfriend Matthew Gailie in the face on Sept. 2, 2011, in the Hazle Township home the couple shared. Prosecutors allege the Shenandoah woman then planted a gun in Gailie’s hand and a bank statement next to his body in an attempt to make the death look like a suicide.

Before the prosecution could resume its case Monday morning, defense attorney Demetrius Fannick raised concerns that a videotaped interview of Alinsky taken during a lie detector test would prejudice jurors if it were shown.

The 90-minute video, which has sporadic breaks in it and shows Alinsky being questioned by state troopers with numerous wires near her arms, was taken in the days that followed Gailie’s death.

Fannick objected to showing the video to jurors, who were not permitted to hear about the lie detector test, because they might see the wires and relate them to a polygraph.

Assistant District Attorney Daniel Zola argued that jurors would not be able to discern what was taking place in the video other than an interview. Moreover, it was the first time Fannick voiced concerns over the recording, which he was in possession of since before the trial began, Zola said.

“This is the first time I’m hearing this judge,” Zola said. “If he thinks something is wrong, he should have filed a motion.”

The issue over the manner in which Alinsky was interviewed following Gailie’s death has been raised several times by Fannick, Zola said.

Last week, Fannick argued state police Cpl. Shawn Williams was an “interrogator” who didn’t videotape an interview with Alinsky because he wanted to present to jurors his own account of how the suspect acted in his presence.

“It’s 2011 and you’re telling me the state police don’t have a video camera to interview someone in a murder case?” Fannick had asked.

Zola argued the taped interview was significant because it countered that claim.

“No audio, no video … well now you have both,” Zola said.

Zola later stated he was in contact with a professional who would edit the video so that the wires were not visible.

Judge Tina Polachek Gartley stated she wanted to review the entire redacted video before issuing an ruling on the matter.

The judge asked jurors for their patience as she instructed them to return to the courthouse Tuesday at 9 a.m.

Alinsky
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By Joe Dolinsky

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Reach Joe Dolinsky at 570-991-6110 or on Twitter @JoeDolinskyTL