A Hamilton Township woman accused of fatally shooting her husband was the victim of “significant abuse,” her attorneys claim.
She called police after 10 that night to say there was an altercation, the affidavit of probable cause states. When officers arrived, the Wigglesworths were in their bedroom. David Wigglesworth, 57, was pronounced dead at the scene.
Marylue Wigglesworth “experienced significant bruising and other injuries,” attorneys Jonathan Diego and Melissa Rosenblum wrote in a statement released to BreakingAC.
“The facts of that heart-rending evening will unfold in a court of law, not the court of public opinion,” the attorneys wrote.
They are still investigating the circumstances of that night, they said.
“However, there is no dispute that Ms. Wigglesworth was the victim of domestic violence,” they alleged. “Unfortunately, Christmas night was not the first time Ms. Wigglesworth was a victim of her husband’s significant violence.”
A detention hearing set for Wednesday was postponed after the attorneys told the judge they were still waiting on evidence from the state. That would include tape of the 911 call their client made that night, police officers’ body-worn camera footage and an iPad that may include video from home security.
Wigglesworth “strongly maintains her innocence,” Diego and Rosenblum said, adding that they “have assembled an outstanding legal team to ensure Ms. Wigglesworth’s rights are protected, and that justice prevails following this heartbreaking and sad event.”
They asked that the media and public respect her presumption of innocence, along with the privacy of the Wigglesworths’ families.
“The Atlantic County Prosecutor’s Office believes that it is inappropriate to try this case, or any case for that matter, through the media,” First Assistant Atlantic County Prosecutor Erik Bergman said in an emailed statement responding to the attorneys’ claims. “Doing so has the potential of sensationalizing this tragic event and potentially tainting any prospective jury pool before any evidence is presented to that jury in a court of law.
“As such, we have no comment regarding defense counsel’s prepared statement provided to the media earlier today,” he added. “Our office was not previously provided that statement from defense counsel.”
Marylue Wigglesworth remains in the Atlantic County Justice Facility pending a detention hearing now set for Tuesday.
Detention is presumed for murder cases, under bail reform. The hearing will decide whether the attorneys’ arguments can overcome that presumption.
