LaPorte County judge on trial

LAPORTE COUNTY — The trial of a LaPorte County judge accused of obstruction of justice is now in the hands of a jury. Closing arguments just wrapped up in the state's case against Jennifer Evans Koethe. Prosecutors say she asked a police officer to get rid of a piece of evidence during the investigation into her own accidental shooting. A special prosecutor was appointed from St. Joseph County and a Lake County jury will decide the verdict. WSBT's Dustin Grove was inside the courtroom Tuesday in Crown Point with what has been a very unusual case from the beginning. It had to do with the judge accidentally shooting herself at her home in December of 2008. Here's what Jennifer Evans Koethe said happened — she took the stand Tuesday just before closing arguments. She said she and her husband had been drinking that night as they watched football, then started a conversation that turned into a heated argument about their finances. Koethe said her husband wouldn't listen to her so she walked into the bedroom and wrote a note, described as a highly personal note, telling her husband exactly how she felt about their marriage and financial issues. Defense attorney Mike Tuszynski said Koethe did not view the note as relevant to the case. "The damage was already done," he said. "So whether or not anyone ever sees the note it doesn't fix, repair, or hide what happened ... The note was of no consequence in her mind." Then she said "I decided to take out my handgun and lay on the floor with it ... to make him pay attention. It was so stupid. I absolutely have, other than the alcohol; I have no excuse for doing it." On the stand, Koethe said she didn't recall asking the officer to get rid of the note, but "if he says he did, then I believe him." "Did you intend to ask him (the officer) to break the law?" Asked Tuszynski. "Absolutely not," said Koethe. She says her husband walked in, she got up, and they talked and made up. As she went to bed though and started to fall asleep, she turned over and saw the gun. She went to put it up and that's when she says the gun went off. She says she did not pull the trigger intentionally. Her husband called 911. Thankfully, the wound wasn't life-threatening. But here's where the crux of the criminal accusation comes it. A police officer says, in the hospital, Koethe asked him to get rid of that note she had written. She said on the stand "I'd just been elected as judge I didn't want anyone to know we were having financial issues." The defense called a neurosurgeon to the stand who testified that Koethe was intoxicated the time he examined her at the hospital and that it was "likely" she had suffered a concussion. Prosecutors say that's obstruction of justice, trying to have a piece of evidence in a shooting investigation thrown out. But Koethe said she didn't view it as evidence since it didn't have anything to do with her accidental shooting. Prosecutors say that doesn’t matter. Koethe faces up to three years in prison and she could be disbarred from the bench if convicted. The jury is deliberating. In closing arguments, deputy prosecutor Mark Roule said "what she (Koethe) can't do is ask a police officer to go to a scene and remove some evidence that's already there ... It's that simple."