Updated 5:30 pm 3/10

For six days the jury heard testimony from both sides, then deliberated for five hours Tuesday night, before finding that Daniel Tappen did in fact murder his wife.

"Juror number one is this your verdict?" asked the judge.
"Yes, your honor, it is," said the juror.

Daniel Tappen shook his head as each juror agreed with the guilty verdict. Ultimately, the jury sided with the state, that Tappen strangled his wife Kimberly with a belt back in September of 2008.

Throughout the trial prosecutors pointed out Tappen's inconsistent stories of what happened the night she died and how it would have been impossible for Kimberly to strangle herself. "She did that to herself? She wrapped that belt around her neck and broke her own skin and fractured her own cartilage? Absolutely not," argued Assistant State Attorney, Stephanie Webster.

But all along the defense claimed she killed herself. They honed in on her history of depression, past suicide attempts and drug use, but the jury didn't buy it.

"We were optimistic. We felt like we were able to demonstrate any number of things to the jury through evidence we presented, not just our witnesses, but the shortcomings of the state's case that would generate a reasonable doubt," said Defense Attorney, Paul Villeneuve.

Tappen is now convicted with second degree murder, shocking his family and friends. "Of course they're exceptionally disappointed and devastated," said Villeneuve.

Villeneuve also says they will be filing a motion for a new trial within the next ten days. Tappen will appear in court for his sentencing hearing which has been set for April 26th at 3pm.
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Updated 9:40 pm 3-9

The jury found Daniel Tappen guilty of second degree murder.

Sentencing is set for April 26, 2010 at 3p.m.

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The jury began deliberating around 4:30 p.m., after they heard closing statements Tuesday afternoon. Daniel Tappen is accused of killing his wife Kimberly, but he claims she took her own life.

The defense didn't waste any time trying to plant a seed of doubt into the minds of the jurors, that Kimberly Tappen was not murdered by her husband Daniel.

Jonathan Arden, a forensic pathologist took the stand, testifying that she could have committed suicide. "Really the more I consider this and the more I answer questions about this, given the totality of the evidence in the investigation I believe it is much more likely that this was in fact a suicide, rather than a homicide," said Arden.

Arden claims that the injuries around Kimberly's neck from the belt shows that the pressure applied was not that great. He says the lack of force is more consistent with Kimberly pulling on the belt, or hanging herself.

But prosecutors question how she could have possibly strangled herself while standing upright.
Prosecutors: Would you expect to find somebody who has committed suicide standing up? Dead in the closet? Near dead?
Arden: No, typically no.
Prosecutors: And you're aware of Mr. Tappen's own statements to law enforcement that she was standing up correct?
Arden: Yes ma'am.
Prosecutors: And you wouldn't expect to find that person standing up, cold to the touch with a blue face, with a belt around their neck not attached to anything either would you Dr. Arden?"
Arden: "Truly, standing up independently, that's correct."

The key argument focuses on whether she could in fact strangle herself, or if it had to be done by someone else.

Arden says he believes the cocaine in Kimberly's system at the time of the incident also could have played a role in her death. The medical examiner in this investigation did rule her death as a homicide.

We have a crew in courtroom 3G and will keep you updated as soon as a verdict is announced.
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Updated 4:35pm 3-9

The jury went behind closed doors around 4:30 to sift through evidence and decide whether Daniel Tappen is guilty of killing his wife Kimberly.

Our cameras were the only ones rolling as the defense wrapped up its case, trying to prove Daniel Tappen's innocence.

Attorneys called upon a forensic pathologist who says after reviewing the autopsy photos and other evidence, Kimberly Tappen's death points to suicide.

And he claims the cocaine in her system could have played a part.

Dr. Arden also testified that the hemorrhaging around the fractured cartilage in Kimberly's neck could of been caused by CPR.

However, the medical examiner in this case ruled Kimberly's death a homicide, saying she was strangled and there's no way she could have done it herself.

The state and defense began their closing statements around 2 o'clock today and so far the jury has only been deliberating for less than 30 minutes.

We have a crew waiting for the verdict in courtroom 3G and will keep you updated as soon as it's announced.
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Updated 9:15a.m 3-9

We return to court Tuesday for the sixth day of the Daniel Tappen murder trial.

Tappen says he will not testify.

Monday, the state called a medical examiner who says it was "physically" impossible for Mrs. Tappen to strangle herself.

The state says marks on Kimberly's neck had to be the result of someone else.

Today the defense's first witness, an expert physician, challenged that theory saying Kimberly Tappen's death could have been a suicide.

We will bring you more information as soon as it becomes available.
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UPDATED 3/9 at 11:50 pm

One by one, the defense called witnesses to the stand. There were eleven in all, many of whom testified to Kimberly Tappen's mental well being.

"It seems like she had hoped she was getting back into treatment and that was the only thing keeping her from being actively suicidal. But she did indicate that she was having suicidal thoughts," says one witness who worked at the rehab center where Mrs. Tappen was admitted.

While the defense focused primarily on whether Kimberly had the will to die, medical experts focused on whether it was physically possible for Mrs. Tappen kill herself.

Forensic Pathologist Lisa Flannagan, who was called earlier in the day by the prosecution, says Kimberly was indeed strangled to death. But according to Flannagan's examination, there's no way she could have done it herself.

Flannagan explained to the court that Kimberly would have passed out and let go of the belt, releasing the pressure around her neck, making it impossible for her death to be a suicide. The state wanted to prove the mark found on Kimberly's neck had to be the result of someone else strangling her.

State: "And it would have been pulled with some amount of force to leave that mark on her neck?"
Flanagan: "Yes, it would have been pulled upward to cause the mark on her neck."

The defense will continue presenting its case on Tuesday. It's unknown exactly when the defense will rest, or when closing arguments will begin.

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Forensic Pathologist Lisa Flannagan examined Kimberly Tappen's body just hours after she died, scouring for clues to what caused her death.

Flannagan says cartilage in Kimberly's neck was fractured and hemorrhaging could be seen surrounding it.

"It's not an easy area to fracture. it's deep in the neck, there are muscles overlying it," says Flannagan.

Flannagan says strangulation was what ultimately killed the mother of three ... but she says it wasn't done with her own hands.

"It's impossible to manually strangle yourself to death," says Flannagan.

She says it's impossible because it takes only 10 seconds of pressure around the neck before a person will pass out.

And if the belt was not attached to anything, the way her husband Daniel claims when he found her, her hand would have gone limp, dropping the belt and releasing the pressure around her neck.

"No, I do not see any way that the belt could stay cinched by itself," says Flannagan.

The defense says although it's not probable, it's also not impossible.

The paramedic who attempted to resuscitate Kimberly was called to the stand followed by her first husband. Later one of her best friends testified that Kimberly called just two weeks before she died.

"She said she wanted to end her life. She said she wanted to die. She didn't feel like she was loved or appreciated," says Dana Calloway.