SALEM – Jurors deliberated for about three and a half hours in Salem Superior Court Tuesday but failed to reach a verdict in the trial of Kathie DeFelice, the Lynn woman charged with fatally stabbing her boyfriend in 2006.Judge David A. Lowy dismissed the deliberating jury panel, comprised of six women and seven men. They will return this morning to continue their deliberations.DeFelice, 48, who last lived in an apartment at 27 Union St., Lynn, is on trial for the first-degree murder of 55-year-old William H. Olsen, II, of Danvers, on Oct. 30, 2006.The jury has four options to consider in its verdict: Innocent; guilty of first-degree murder, a killing that is cold-blooded and pre-meditated; guilty of second-degree murder, a killing that is not pre-meditated; or guilty of manslaughter, the taking of a life without malice or pre-meditation, but done in the moment of heated passion with reasonable provocation or during the commission of a battery.In her closing summation, Assistant District Attorney Kate B. MacDougall said “you can’t separate their history, but at the end of the day her story doesn’t hold water” as she asked the jury to return a verdict for the deliberate pre-meditated murder of Bill Olsen.MacDougall pointed out in detail the crime scene in which Olsen was found in DeFelice’s apartment dead, slumped over on the couch, with a beer can still upright under his arm, his long sleeve shirt still in tact, his baseball cap on his head and no scratches on him.MacDougall said DeFelice “just didn’t tell a story that made any sense.”Olsen went to her apartment but “something went terribly wrong, her story falls apart,” MacDougall insisted.”He was drunk when he arrived that evening, brought at 12-pack of beer, they talked, had a pleasant evening, but she stabbed him in the heart,” MacDougall emphasized.She went on to say that DeFelice didn’t get him help and she did nothing to change the outcome of what she had done.Instead, she fled and walked nearly two and a half miles before calling the police seven hours later and coming up with a story to make her the victim and him the abuser, MacDougall maintained.When police found Olsen just before 3 a.m. on Oct. 31, he had been dead for hours, with his body showing signs of rigor mortis.But defense lawyer Edward L. Hayden, III, told a different version of events countering what MacDougall said by insisting that DeFelice lived with “seven years of beating, threats and control.””She feared. That fear had an effect on her. It twisted her thinking. It warped her judgment and on Oct. 30 she did exercise good judgment and did act in her best judgment – she legitimately stabbed him, she acted in self-defense and that was good judgment.”Hayden pointed out that Olsen’s DNA was found on her neck where there was evidence of scratches across her throat.Hayden reminded the jury of previous testimony in which DeFelice said she was sitting on the floor in front of him when he looked at her with that stare she had seen so many times, he threatened to kill her and put his arm around her neck and squeezed.”She was losing oxygen and couldn’t breathe. She couldn’t get her next breath and he wasn’t going to let her. The only thing she could do was grab the knife, and that’s what that knife permitted her to do and that is self-defense,” Hayden told the jury.DeFelice faces a mandatory prison term of life behind bars, if convicted of murder in the first degree.She has been held at Framingham State Prison for women since being arraigned.
