Katie Phipps was back on the stand today for the fifth day of testimony in the Jeremy Spielbauer capital murder trial.

The defendant’s second ex-wife did not stay long, as she was asked just one question.

Phipps was originally arrested and charged with the 2014 murder of Robin Spielbauer but was exonerated when investigators said they proved she was not at the scene of the murder.

The DA had gotten into a Q&A with another witness, a paralegal with a local attorney. She apparently crossed over into attorney-client privilege, so the DA called her back to the stand to ask her to waive that privilege, which she did, then she promptly left.

As the trial continues, a lot of the defense’s focus is on Phipps.

Spielbauer’s attorney told us yesterday he still considers Phipps to be a suspect in the case and appears to be attacking her credibility and her accounts of what happened on the night of the murder.

Example: the state called Phipps’ fiancé Ernie Lopez to the stand. 

Lopez said he met Phipps the night of Robin Spielbauer’s murder and is one of her alibis for that night.

Lopez has a felony conviction on his record, something the DA brought up likely knowing the defense would do it anyway.

The defense seemed to question his credibility when Lopez described it as an overturned conviction, which is technically true.  

He eventually pled out to a lesser charge. It is a story that was heavily covered in the past.

The prosecution called a few other technical witnesses, including a firearms expert with DPS and a CPS official who testified.

The district attorney said he expects to wrap up his case sometime tomorrow. From there, the defense will give their opening arguments and proceed to call witnesses. It is unknown if Jeremy Spielbauer will testify in his own defense.

This is a capital murder case but the DA is not seeking the death penalty.

If convicted of that charge, Spielbauer would receive an automatic life sentence without parole.

Kelly James will have more on KAMR Local 4 News at 6:00 and 10:00, and on Fox 14 News at 9:00.