Diane Ward's death no suicide, says coroner

The chief medical examiner for Orange and Osceola counties told a jury Tuesday afternoon that Diane Ward was shot in the face from a distance of about 18 inches and there was no sign of a struggle, indicating that someone tried to stop her from commiting suicide.

Bob Ward is on trial for his wife's murder in their Isleworth mansion two years ago. The real estate developer initially told investigators that he shot Diane, later claiming it was an accident.

"You can't look at any one thing," Dr. Garavaglia testified, "But there is one thing that is very glaring. It is very unusual to have a suicide that is not a contact wound. You see that in 2 percent of cases," Dr. Garavaglia explained.

The state rested after her testimony and the defense made a motion to dismiss the case based on a lack of what's called "corpus delicti" or body of crime.

Attorney Kirk Kirkconnell argued that the state has not proven that a crime even took place, only that Diane Ward was shot and killed that night at home. She had been drinking wine.

Prosecutor Robin Wilkinson rebuted that a jury can make common sense decisions on the evidence already presented and trial should move forward.

Judge Jenifer Davis plans to rule on the motion Wednesday morning. If the defense is denied, it's expected to take about two days putting on its case.