BOONE, Iowa -- Attorneys for Alex Fazzino are asking the judge to throw out his first-degree murder charge.
The former Boone County man is charged with the January 2012 death of his wife, Emily.
She was found dead in the bathtub of her Boone home after Alex Fazzino called 911 saying someone was trying to drown themselves. He claims his wife was addicted to pain pills and overdosed, but investigators say there was bruising to her forehead and neck.
At Tuesday`s hearing, the judge allowed the defense to play a recorded conversation of Fazzino and his wife, over the objection of prosecutors.
The Face-Time video was taken ten days before her death and the couple discusses pills Emily had taken.
Emily: “I took those pills the woman gave me.”
Alex: “What woman gave you?”
Emily: “The psychiatrist.”
Alex: “Well I don`t want you taking them when you`re taking care of the kids because you`re not talking correctly and it`s troubling.”
Prosecutor say there were no drugs found in Emily Fazzino`s system when she died.
The judge will review the evidence before making a decision on the defense's motion to dismiss.
Fazzino`s trial was moved from Boone to Winneshiek County.