Justin Goodwin

PROVO — Defense attorneys for a man charged with aggravated kidnapping and aggravated burglary say it's a "he-said, she-said" case.

"There's a total disagreement as to what transpired and that it was reported days later," said attorney Dean Zabriskie, who represents Justin Goodwin.

"It's not my intention to paint my (Goodwin) with the broad white brush. There are certainly deficiencies in all of us. He could be a better father, could be a better husband, but he's not guilty of what he's been charged of."

Goodwin is on trial in 4th District Court for aggravated kidnapping and aggravated burglary, first-degree felonies, and child abuse/neglect, a third-degree felony.

He was arrested after estranged wife Daniela Goodwin told police he held a gun to her head and threatened to kill her in front of their son.

Provo police officer Phillip Webber testified Tuesday that he responded to Daniela Goodwin's home on Christmas Day — two days after the alleged assault — and photographed injuries on her face, a broken cell phone and pepper-spray residue on a door and nightstand.

Daniela Goodwin told the officer her husband had stolen a key, broken into her home and began yelling at her, so she sprayed him in the face.

During cross-examination, Webber said he was not able to retrieve the pepper spray or clothes that had been hit by the spray. He also said he saw no signs of broken furniture or signs of forcible entry.

Zabriskie said a key issue in the case is the right to be in the home, which they believe Justin Goodwin had.

"She told me that at one point, her husband had retrieved his cell phone, called 911 and put the phone to her face," Webber said. "He wanted her to tell the dispatch that he was going to kill her and their son, but she did not say anything on the phone."

Prosecutor Doug Finch played the 911 call for the jury, which has a woman's voice saying she won't say anything, then dead air.

Provo 911 dispatcher Genevieve White testified she located the number and called back, but no one answered.

A few minutes later, Justin Goodwin called 911, saying he had missed a call from that number.

According to the tape, Goodwin tells White everything is OK and that they don't need a police or ambulance.

He confirms his address, then returns White's "have a good day," and they hang up.

Zabriskie asked the jury to consider why Daniela Goodwin didn't call police that night or even the next day — after Justin Goodwin left the home. Instead, she waited several days.

Daniela Goodwin took the stand briefly Tuesday before the jury retired for the day and testified that she met and married Goodwin long after purchasing her first home in Provo.

She testified that they separated in October 2006 because Justin Goodwin wouldn't give up drinking alcohol, and she sold the house.

A few months later she purchased another home and agreed to let her husband live with her again if he would give up drinking and participate in the 12-step program. He quit for several months but started again.

"What impact did that have upon your marriage?" prosecutor Doug Finch asked.

"It destroyed my marriage," she said.

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