Testimony began today in the trial of a woman accused of fatally shooting her estranged boyfriend in Athens in 2009.

Assistant Attorney General John Hensley and Athens attorney Harlan Mitchell delivered opening statements this afternoon in the trial of Lisa Mechelle Pate, 43, of Arab. She is accused in the fatal shooting of her estranged boyfriend, James Ellis Miller, 59, of Athens, on Nov. 22 at his home on North Jefferson St. Police have said Miller, who was married, was trying to break up with Pate, who was also married, and that an argument led to the shooting. Miller was shot in the back of the head and through the left abdomen, officers testified today.

During opening arguments Hensley said evidence will show that Pate “gunned down” Miller with a handgun she had previously purchased. Mitchell said the evidence will show that Pate was afraid of Miller and was simply defending herself.

The trial will continue Tuesday with testimony from a pathologist, a ballistics expert and Police Chief Floyd Johnson, said John Gibbs, division chief for the Alabama Attorney General’s Office who is also prosecuting.

During jury selection Monday, Harlan had asked the pool of prospective jurors if any of them had a problem with a person defending himself or herself. He also asked if anyone was a member of the National Rifle Association. 

Testimony followed from several law-enforcement officers who responded to the call of a possible homicide at Miller’s home. They included, Athens Police Officer Daniel McNatt, Detective Johnny Campbell, Investigator Greg Parnell and Detective Katrina Flanagan. Also testifying was the person who discovered the body, Troy Carpenter, the victim’s nephew.

Gibbs and Hensley were assigned to prosecute the case because Limestone County District Attorney Brian Jones, who took office in January 2011, recused because he had initially represented Pate.

Juror dismissed

Before opening arguments began, Circuit Judge Robert Baker had to dismiss a juror because a member of the defense team had overheard the juror during the lunch break telling someone over a cellphone that she was selected as a juror and that the defenedant had apparently “killed” or “murdered” someone.

The juror was called before the judge and questioned about what she said during the phone call. She said she simply stated that she was selected as a juror and that the case was a murder trial. She said she did not say the defendant “killed” or “murdered” someone. To prevent the possibility of a mistrial, Baker dismissed the juror and the alternate juror took her place on the six-man, six-woman jury.

Testimony contines at 9 a.m. today at the Limestone County Courthouse.

Pate remains free on bond.

Read more about today’s testimony in Tuesday print edition or go online Tuesday to www.enewscourier.com.