Tasha Stuart Trial

<p>Tashia Stuart</p>

Tashia Stuart

A former Pasco man acquitted of trying to kill his wife's adoptive mother back in 2011, is now being called back to the stand in the murder trial of his ex-wife, Tashia Stuart.

Todd Stuart was expected to take the stand today in Franklin County Court, but will not be called until tomorrow.

The defense is taking an unusual step in calling this witness even before the prosecution wraps up its case.

Todd Stuart was acquitted of attempted murder last year of the murder of Judy Hebert.

His ex-wife Tashia is now on trial for Hebert's murder.

An autopsy showed Hebert died of a gunshot wound to the chest.

Defense attorneys say the shooting was in self defense and are calling Todd to the witness stand.

But his court appointed counsel, Kennewick attorney Peyman Younesi, says much or all of Todd's testimony will be priveleged.

Younesi also says the only way to immunize his client from any pitafalls is to advise him to take the Fifth Amendment right against self-incrimination. "Adamantly, without a doubt, I will tell him to take the fifth on every question that's presented to him, and do so without any reservations."

Also today, Judy Hebert's former husband, Rolfe Hebert was called to the stand, along with Pasco police Sgt Jeff Harpster.

Hebert said that his wife had made provisions for Tashia Stuart in her last will and testament.

The prosecution is arguing that Stuart killed Hebert to gain control of her finances.

Judge Cameron Mitchell will make a ruling tomorrow about whether Todd Stuart will testify, as well as exactly what type of questions the defense can ask him on the stand.