Prosecution rests in Mitchell murder case

Wednesday, March 4, 2015
Prosecution rests in Mitchell murder case
Prosecutors wrapped up their case Tuesday against the Durham father accused of suffocating his 4-year-old son.

DURHAM (WTVD) -- Joseph Mitchell and his defense team will soon get their chance to explain why he attacked his three children, killing the youngest in September 2010.

Prosecutors wrapped their case Tuesday with Mitchell's ex-wife. She took the witness stand without looking at her former husband, but his eyes were focused on her and her emotional testimony.

It would run the gamut, from smiling about how they first met to crying about the night she realized something was terribly wrong with her son Blake.

"I was scared to touch him at first because he didn't look right. I touched his arm and he did not feel right," Christine Perolini told the jury, adding that she tried to perform CPR on her son.

It would be too late for the 4-year-old who'd been a point of contention in the marriage even during her pregnancy.

"We were talking about baby names and he would have a very unhappy look and he didn't want to be a part of the discussion," said family friend Kristi Mann, who told the jury she had hosted a baby shower for Christine but her husband did not want to participate.

Perolini would also testify that Mitchell insisted on delivering his youngest son.

His defense attorney says Mitchell was in an unconscious state similar to sleepwalking the night he attacked his children and then stabbed himself.

Prosecutors contend he knew exactly what he was doing. Faced with a home foreclosure, they believe Mitchell was motivated by his extreme financial stress.

"It was a roller coaster," said Perolini about the couple's marriage when they began to experience financial problems.

While the prosecution put Mitchell's character on trial in the final day of its case, the defense tried to point out contradictions his ex-wife's testimony.

Unlike a taped interview where she told investigators Mitchell had trouble sleeping, defense attorneys pointed out that she was not as forthcoming with a sleep expert hired by the defense.

"She asked you specifically did Joe ever wake up in the middle of the night. You answered, not that I'm aware," pressed the defense during cross examination.

"Possibly yes," Perolini responded.

She would also tell the jury about an odd incident when her husband nearly hit her as they slept. She said the night of the attack it seemed as though he'd had a nervous breakdown.

The defense will present its case on Wednesday.

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