BUFFALO, N.Y. (WIVB) – The jurors hearing the case against Daniel Whiting have found him guilty of 2nd degree murder.
Whiting was accused of stabbing his wife, Ashley, about 30 times last July while their two young children were in the room. Daniel and Ashley Whiting were both found with stab wounds, but police say they believe Daniel Whiting stabbing himself to make it look like another person was responsible.
Jurors listened to closing arguments from the prosecution and the defense Wednesday morning and were sent on a lunch break before returning for their instructions from the judge and to begin deliberations.
Defense attorney Andrew LoTempio presented his summation first, and called the investigation into question, saying investigators picked and chose specific pieces of evidence to test and analyze to back up their assumption from the beginning that Whiting had stabbed his wife.
Whiting has claimed a burgler was responsible. He has said he woke up to find that person, wearing a hooding and a bandana, stabbing his wife. He says he was stabbed in the struggle trying to fight the attacker off. LoTempio said a hand print on the outside of a window and blood patterns on the scene back that story up, and he went through several photos with the jury to try to make that point during his summation Wednesday.
The prosecution says Whiting’s story does not match with the forensic evidence, and said during closing arguments that Whiting stabbed himself and took steps like leaving a door unlocked to try to make investigators believe someone else was there. The prosecutor, Colleen Curtin Gable, pointed to inconsistencies in the stories Whiting told police as well as forensic evidence and testimony from Whiting’s fellow inmates as she laid out the case against Whiting.
The prosecution claimed they have proven beyond a reasonable doubt that Daniel Whiting caused Ashley Whiting’s death and that he killed her intentionally, the two criteria for a 2nd degree murder conviction.
The defense claimed there was reasonable doubt.