The capital murder trial of a husband accused of killing his pregnant wife, and another man is on its fourth day.
His attorneys said it's a crime of passion; the state is calling it premeditated murder.
The jury was dismissed on the fourth day in the murder trial of Omar Montemayor.
Several witnesses, including the lead investigator and medical staff from Valley Baptist testified giving jurors more insight, not only into the night of the murders, but also into the recovery of the defendant.
Harlingen police said Omar Montemayor broke into Sarah Montemayor's home allegedly shooting and killing both of them.
Detective Joel Yanez said Montemayor was armed with a shotgun and pistol.
Although Yanez testified he didn't examine the scene until three days after the shooting, his focus was on collecting DNA evidence.
"I was specifically looking for blood hair or saliva," he said.
Yanez told the court a pistol was found in the suspect's hands. A shotgun was also found inside the Polk street home.
"The shotgun also appeared to be splattered with blood on it," the detective said.
Speech Pathologist Laurie Watson treated Omar Montemayor on five different occasions while at Valley Baptist Medical Center in Harlingen. She testified, that while he could speak, he chose not to. Instead Watson said he communicated in writing. Gasps and sighs were heard, as the pathologist read one of Omar's written messages.
While the jury was out the defense asked the judge to admit text messages between the victims Sarah Montemayor and Devan Haynes to give the jury a better idea of what the victims may have been doing the night of the murder.
It of course was met with opposition from the prosecution who claimed that the victims are still entitled to their privacy and say the text messages would lead to speculation on behalf of the defense. In the end, Judge Lopez said she would allow only relevant messages sent the day of murder to be admitted.
Action 4 News will likely see that evidence brought into the trial later this week.