Closing arguments are expected to begin Tuesday in the murder-for-hire trial that's been taking place in federal court in Charleston for the past two weeks.
Chris Latham, 51, and Wendy Moore, 37, are both accused of plotting to kill Chris Latham's estranged wife, Nancy Latham, who now goes by Cannon since her divorce.
The Lathams were in the middle of a contentious divorce at the time the alleged hit was supposed to take place in April 2013, according to prosecutors. Moore and Latham have been romantically involved, according to prosecutors.
On Monday afternoon, District Judge Richard Gergel read Moore her rights regarding testifying. Moore told Gergel she was not going to testify in the case.
When asked if Chris Latham wanted to be read his rights at the moment and decide whether he'd testify, his attorney, Steve Schmutz told the judge they preferred waiting until Tuesday.
Few, if any, witnesses by the defense are expected to be called in the morning before closing arguments are set to begin.
Between Moore and Latham's attorneys, 10 witnesses were called for the defense Monday, including Robert Rosen, Chris Latham's divorce attorney, who testified for Latham.
Rosen told the jury he was confident he was going to win the divorce case because he said he was going to present evidence about an alleged affair on Nancy Latham's part.
"I'm saying I had a very strong case," Rosen told the jury.
When Nancy Latham testified in this trial last week, she said she did not have an affair.
During their opening statements, the prosecution said Chris Latham had motive to try to have his wife killed and it was about money.
But defense attorneys said Chris Latham didn't stand to lose a lot of money because they said Nancy Latham was having an affair.
In South Carolina, if adultery is proved in Family Court, the individual does not receive alimony.
Latham's attorneys also called Andrea Bell, a real estate agent involved in the sales of the Lathams' properties during the divorce. Bell told the jury she thinks someone was listening or watching the phone calls she was making to Chris Latham because a few times Nancy Latham would call her soon after a call to Chris Latham.
Federal prosecutors questioned that statement. "Doesn't it seem ridiculous that someone would tap your line?" asked Assistant U.S. Attorney Nathan Williams, one of the prosecutors on the case. But Bell said it wasn't ridiculous.
The trial testimony was interrupted Monday morning when the judge told the courtroom the U.S. Marshals were evacuating the building due to a nearby threat that had been made.
Upon returning to court, Gergel told the jurors the threat had nothing to do with this case.
Reach Natalie Caula Hauff at 937-5594 or Twitter.com/ncaula.