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Judge hears motions ahead of third Dalia Dippolito trial

Dalia Dippolito’s murder-for-hire retrial Wednesday, December 14, 2016. (Lannis Waters / The Palm Beach Post) POOL

On the cusp of the third trial in the Dalia Dippolito murder-for-hire case, attorney's spent the day hammering out whether or not defense witness' on deception detection and battered woman's syndrome could be heard by the jury.

"Is it relevant to case," questioned Judge Glenn Kelley.

Body language expert, Susan Constantine-Perfido stated in court after reviewing the video evidence, Dalia Dippolito's emotions and body language were not consistent with someone that wanted her husband murdered.

"When I went though this over and over again, it was my own professional opinion," said Constantine-Perfido. "I do not believe that she intentionally set out to kill her husband. The demeanor wasn't there."

Trained in deception detection, Constantine-Perfido claims Dippolito showed a lack of confidence or emotions consistent with the accused crime.

"I could detect from the video is this depression and she said," I feel lost," testified Constantine-Perfido. "I could not have summed it up better."

The state questioned the credibility of the witness.

Judge Kelley ruled the language expert could only testifying to potentially rebut state witness testimony.

The second motion filed by the state was to preclude Dr. Lenore Walker.

Judge Kelley said he would only allow the testimony Dr. Lenore, a battered woman expert, if the defense lays the groundwork that Dippolito also possibly had diminished capacity due to post traumatic stress disorder.

"To allow Dr. Walker as a witness, there has to be a subjective entrapment argument, that the defendant's mental health made her vulnerable."

Dippolito may also have to testify if the "subjective entrapment" defense is used.

"That is my ruling. I am not going to argue," stated Judge Kelley.

After a heated debate on the ruling, Judge Kelley said he would also hear Dr. Walker's testimony in advance without the jury to ensure her credibility.

Judge Kelley added this potential expert could allow for the state to present discovery that would otherwise be precluded.

The third trial for Dalia Dippolito begins Friday.

A pool of 300 jurors is expected to ensure an unbiased trial.

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