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Defense Expert: Victim Not Kneeling In Facebook Murder Trial

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MIAMI (CBSMiami/AP) —  A defense expert says the wife of Derek Medina was likely standing, not kneeling when she was fatally shot.

Famed Medical Examiner Dr. Michael Baden, known for his work in the O.J. Simpson trial and Michael Brown investigation, took the stand Thursday and testified that the angle of the gunshots indicates 27-year-old Jennifer Alfonso was standing when the 2013 shooting began.

Following the shooting, Medina posted a picture of her bloody body on Facebook.

During Dr. Baden's testimony, photos of the injuries Alfonso sustained were analyzed as he spoke about how they look at the wounds and interpret what may have happened to her before she died.

"The wounds that she sustained to the left hand, does that interfere with your ability to give an opinion on what she was doing with her right hand," asked a defense attorney.

"I can't tell from the autopsy what was happening with the right hand. I can't tell whether she is going forward, going backwards, has a knife or a blunt object in the right hand or doing nothing with the right hand...the autopsy doesn't cast any implication of what was happening with the right hand," said Baden who said, according to the autopsy, her left arm was up, bent towards her and her head was down.

Baden did not confirm Medina's claim however, that Alfonso was punching him while being shot.

The court without the jury, also heard from Medina's father for the first time, who testified for the Judge only while she decides what he can address in front of the jury.

Derek Medina Sr. spoke about a family movie night, during which Alfonso allegedly passed out and Medina brought up concerns Alfonso was on drugs.

"He showed me a capsule. And I told him I don't know what it is," said Derek Medina Sr.

The defense, who started off their case with the testimony of digital expert Stephen Coleman with the United States Forensics. While on the stand, they reviewed surveillance video of the moments before Alfonso was killed.

Defense began after the prosecution rested Wednesday. Medina's attorneys say they will show he suffered from "battered spouse syndrome" at the hands Alfonso.

They also say that enhanced surveillance video from inside their home will show Alfonso abused drugs and attacked her husband with a knife before he shot her to death in August 2013.

The day before, prosecution rested its case. The deputy medical examiner was on the stand for most of the day. Dr. Emma Lew used graphic autopsy photos in which she described each point of the entry and exit wounds on Alfonso's body. Alfonso had been shot eight times. Lew testified that that from the positioning of the wounds, Alfonso was cowering before she was shot.

Medina faces life in prison if convicted of first-degree murder. Medina told police in a videotaped statement that he posted a photo of his dead wife on Facebook to tell family what happened and explain why.

(TM and © Copyright 2015 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2015 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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