Someone Used Husband's Phone to Text After His Death: FBI Special Agent in Harper Trial

Julie Harper admits she killed her husband, Jason, on Aug. 27, 2012

Carlsbad resident Jason Harper was allegedly already dead when someone used his phone to send a text saying he was running errands, an FBI Special Agent testified in court Wednesday. 

Julie Harper, Jason's wife, admits she killed her husband on Aug. 27, 2012 but has said she did it because she feared for her safety. After an acquittal on first-degree murder charges, Harper now faces a retrial on second-degree murder charges.

On Wednesday, jurors heard from Forensic Criminologist Ron Martinelli and an FBI Special Agent.

The special agent testified that cell phone records showed Harper was dead when someone used his cell phone to text "Running Errands. Julie has the kids. See mom Friday." to his brother. 

Cell phone records place Julie's phone and her husband's phone at the same coffee shop following his death, the FBI expert testified. 

The morning of Jason's death at 8:36 a.m., someone used his computer to view the California Teacher's Association website to look at the legal, benefits and insurance section before viewing a pay stub. Jason was a Carlsbad high school teacher. 

Harper has said she shot her husband out of fear that he would kill or rape her.

Defense attorney Paul Pfingst called a forensic criminologist with experience in officer-involved shootings and accidental shootings to testify. 

"The anxiety factor factors in with fear, what you can have is an officer's hand may shake may jerk involuntarily and they can set off a gun," said Martinelli, a forensic criminologist, in court.

This is the second trial for Julie Harper.

Last October, a jury acquitted her on first-degree murder charges but was deadlocked on the second-degree murder and manslaughter counts.

Prosecutors decided to retry her on the lesser charges.

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