The defense will present its witnesses today in the continuation of a preliminary hearing to determine if there's enough evidence to try Gardnerville resident James Matlean, 23, in the Feb. 20, 2008, shooting death of Benjamin Oxley.
At a Nov. 4 preliminary hearing, defense attorney Ken Stover said he planned to call two prosecution witnesses today, Oxley's ex-wife, Dawn, and Matlean's former cell mate Eric Thompson.
Dawn Oxley lived with Matlean at the time of her former husband's death, and testified that Matlean told her that "It was done," and said she agreed to tell investigators they'd been home all night watching movies. She also said that Matlean never told her that he'd killed Benjamin Oxley.
Dawn Oxley has been given immunity from prosecution in exchange for testifying honestly.
Thompson testified that Matlean said he killed Oxley with a shotgun when the two occupied a cell together.
The preliminary hearing is to decide if there is enough evidence to determine that the crime was committed and Matlean is the likely suspect. It does not determine innocence or guilt.
Matlean has been in custody since December on other charges. He was charged with the Oxley murder in June.
