Silence surrounds Winkler case - WMC Action News 5 - Memphis, Tennessee

Silence surrounds Winkler case

Since her arrest last week Mary Winkler has said nothing about the charges against her.

That silence may be fueling the speculation surrounding her case...conjecture that legal experts say is pointless.

Former U-S attorney Veronica Coleman-Davis says there's no point in speculating what Mary Winkler was thinking at the time her husband was shot to death.

"People ask the question well why would somebody do that? None of the answers are ever really good and often they're not what anybody expects either," says Davis.

And in cases like Mary Winkler's sometimes the answers never come.

"She could plead guilty without an insanity plea and let the prosecution recite the facts as they know them and she could go to jail and never say a word." said Coleman-Davis.

What we do know is Winkler is expected to enter a plea of NOT guilty in just a few hours. If prosecutors don't seek the death penalty a judge could set bond on a first degree murder charge.

"The bond I think will be quite high." said Coleman Davis.

Higher still because Winkler left the state after the shooting and could be considered a flight risk. The rest is a guessing game.

Coleman-Davis reminds us that the burden of proof is on prosecutors. She says trying to anticipate the defense strategy goes against the grain of the judicial system.

Leslie Ballin, an attorney on Winkler's defense team, says a plea agreement would forego the necessity of a trial.

"One of my jobs as a defense lawyer in this case will be to sit down with the prosecution to see if there is some kind of arrangement that can be reached." said Ballin.

In that event a jury would never hear the details of the case and we may never know what went wrong within the walls of the Winkler's home in Selmer.

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