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Murder Trail Continues For Woman Accused Of Killing 97-Year-Old Man

MONTGOMERY (CBS) -- Testimony from beyond the grave in the Montgomery County trial of a woman accused of throwing her elderly neighbor to the ground and beating him. Prosecutors say injuries from that beating caused the man's death.

Prosecutors played a recording of a deposition with the 97 year-old victim, taken just three weeks before he died. His death was ruled to be from complications from a fractured hip, which he suffered on September 21, 2015.

When asked what happened that day, Alfred Payne says as he went out to get the morning paper, the "lady who lived across the street" who he had never met before came over and – in his words – "started beating me up."

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On cross examination, defense attorney David Tornetta asked Payne why he used a walker, the old man didn't miss a beat replying "Because I'm 97."

When he asked Payne why he initially said he didn't want charges to be filed against Floyd, Payne replied, "I don't want to hurt anyone in this world."

The 35-year-old Floyd is charged 3rd degree murder, involuntary manslaughter, and aggravated assault. Her attorneys claim she ran to help after Payne fell on his own.

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