Tampa, Florida – We could learn by Friday whether a judge will allow audio recordings taken of Julie Schenecker shortly after her arrest on charges of killing her children will be used at her trial.
Defense attorneys argue that the 53-year-old was not coherent enough to give her consent and answer questions from detectives on the day of her arrest.
Part of the recording, which was taken January 28, 2011, reveals that Schenecker thought her children were still alive:
Detective: We want to find out what happened yesterday, what happened last night, what happened this morning, from you, yourself.
Schenecker: Yeah. Are my kids coming later?
Detective: I'm sorry?
Schenecker: Are my kids coming later?
Detective: We'll talk about all that.
In an observation that could help the defense, one of the first Tampa Police officers to arrive at the home testified that he had to hold Schenecker steady.
"She appeared under the influence of something. I couldn't tell you if it was alcohol. We did smell the odor of alcohol," said Officer William Copolous.
But one of the detectives who questioned Schenecker said she signed a form giving her consent to be questioned.
"She did appear to be either tried or intoxicated, but there was nothing medically – there didn't appear to be anything medically wrong with her," said Detective Gary Sandel.
A member of the Tampa Police, who was asked to keep an eye on Schenecker in a holding cell, said the accused murdered confessed to her crime.
"I think I asked her who are your kids? She made the comment I shot them and I was going to shoot myself by I fell asleep," said Sonya McCaughey.
The judge asked that defense attorneys and prosecutor submit their closing arguments by Friday, but it's not clear when he will make a decision regarding the audio.
Schenecker trial is set to start on April 28.