3rd Murder Trial for Kalinowski

February 27, 2012 Updated Feb 27, 2012 at 7:57 PM EDT

By Kyla Igoe

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February 27, 2012 Updated Feb 27, 2012 at 7:57 PM EDT

Buffalo, NY (WKBW)- A Buffalo woman who was granted a re-trial for the shooting death of her husband in 2005 took the stand in her own defense Monday. Robin Kalinowski is accused of shooting her husband in the head with a rifle at close range while he was sleeping on November 10th, 2005. Her first trial resulted in a hung jury. Then in 2009, a jury found Kalinowski guilty of murder and sentenced her to 25 year to life in prison. An appeals court though, overturned the conviction on a technicality. Monday in court, Kalinowski wept as the 911 tape was played and claims the shooting was an accident.

After analyzing Kevin Kalinowski's autopsy results, former Chief Erie County Medical Examiner Doctor James Woytash testified in court the manner of death was Homicide caused from a close range gunshot wound. Woytash did not perform in the autopsy in 2005.

Kalinowski told police the rifle she was holding accidentally went off and she was several feet away from her sleeping husband when it discharged. Prosecutors say Kalinowski recently had an affair and shot her husband in the head with a rifle at close range while he was sleeping. Kalinowski is currently serving time in jail for conspiracy after pleading guilty to the crime. She apparently hired a hit-man to kill a former boyfriend that was going to testify against her in court during her second trial. Kalinowski is expected to resume her testimony Tuesday.