Julie Harper in court this morning, June 3.

During a brief hearing in court today, June 3, prosecutor Keith Watanabe complained to the judge, again, “We haven’t gotten the murder weapon yet.”

Keith Watanabe

Julie Elizabeth Harper, now 41, is accused of shooting her husband Jason, 39, in the bedroom of their Carlsbad home nearly two years ago.

The prosecutor appears to believe that defense attorney Paul Pfingst has control of the gun that was used to fire a single bullet through the rib cage of Jason Harper while the couple’s children played downstairs, on August 2, 2012.

Pfingst has previously told the judge that he will hand over evidence or “discovery” to the prosecutor 30 days before a trial begins. The date set for trial was June 16 but was delayed again today, until July 14.

Pfingst asserts that there was no murder. Previously, the defender has made statements that suggested a battered-woman defense, or that the shooting was in self-defense. More recently, in a hearing last month, Pfingst suggested the shooting was not intentional.

Prosecutor Watanabe has already said on the record that he intends to call the Harpers’ children as witnesses during trial. The three children were aged eight, six, and 1 1/2 when their father was killed. The prosecutor revealed today that he also intends to call as witnesses certain persons who work for Child Protective Services.

Julie Harper has been at liberty on bond since September of 2013. Her jury trial has been delayed many times since her first court appearance in August of 2012.

The prosecutor said he believes the trial will go forward on the new date, July 14, 2014, before judge Blaine Bowman, in San Diego’s North County Superior Courthouse.