Woman accused of killing husband wants case thrown out


SEMINOLE COUNTY, Fla. - A Seminole County woman accused of killing her husband was back in court Wednesday morning, but the hearing was continued until October.

Anita Smithey is trying to get the case against her thrown out by using Florida's controversial "Stand your Ground" law.

Smithey said she had to shoot her husband because he raped her.

In a "Stand your Ground" hearing last month, Smithey said she was tired of being abused by her husband, Robert Cline. As a result, she filed for divorce in 2010, and moved into an Oviedo home with her two children.

"He would punch holes in the walls, um, like right next to my head. He would yell at the kids, yell at me," Smithey said.

But their relationship continued, until one day in May of 2010, when she claims he raped and stabbed her before she shot and killed him. 

Prosecutors claim she injured herself.

"You stabbed yourself in order to try to deflect responsibility," a prosecutor said.

"No, I didn't have to do that because I had been raped and I had been cut and beat up. I didn't have to stab myself to make it look like self-defense," she replied.

Smithey said she hopes her testimony will convince Judge Kenneth Lester Jr. to toss her case out, based on the state's law.

Under the law, you can use deadly force, as long as you have a reasonable fear of death or great bodily harm.