Accused murderer Scott Malott’s public defenders began presenting their case Friday afternoon after the prosecution wrapped up its case in Montgomery Circuit Court.
Malott is accused of the March 9, 2009, murder of Heather Rush in the home they shared near New Richmond.
Before calling his first witness, Malott’s public defender Kurt Homann made a motion to change the charge of murder to voluntary manslaughter because the defense felt there wasn’t enough evidence presented by the prosecution to rule out “Sudden Heat.”
“Sudden Heat” is defined by the Indiana Supreme Court as anger, resentment and rage to obscure the reason of an ordinary person, preventing deliberation and premeditation, excluding malice and rendering a person incapable of cool reflection.
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