The second week of the Noor Salman trial gets underway Monday.
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Day 3 of the Noor Salman trial is now revealing to jurors what the widow of the Pulse gunman told investigators just hours after her husband shot and killed 49 people.
Salman's accused of helping her husband Omar Mateen plan the attack at Pulse Nightclub in Orlando nearly two years ago.
She gave a statement hours after the shooting to FBI Special Agent Ricardo Enriquez, a polygraph examiner from FBI’s field office in Miami. He testified Monday that she wrote, "I'm sorry for what happened. I wish I could go back and tell his family and the police what was going to happen."
She reportedly told agents about her husband's two-year long obsession with watching violent online jihadist and ISIS videos.
Salman also talked about how they went to Disney and CityPlace in West Palm Beach in the days before the attack and how her husband spent the days before the Pulse shooting at the gun range and buying thousands of dollars in jewelry, firearms and ammunition.
However, when she told agents that when Mateen added her as a beneficiary to his PNC bank account, she was then concerned that he was getting closer to carrying out an attack.
This is a critical point in questioning Monday as prosecutors say this proved Salman knew about the plan and was was going to happen.
Yet, defense attorneys are telling jurors that this statement was made in hindsight and is not an admission of guilt.
However, Enriquez testified that after making this initial statement, he confronted Salman with what she wrote, stating that it sounded like she knew what Mateen was going to do.
According to Enriquez, Salman began to cry and said "I knew."
He asked two other agents to come into the room where the questioning was taking place. They too allegedly heard Enriquez confront Salman about the statement.
She then provided a second statement with just Enriquez in the room.
"Last two years, Omar talked to me about doing jihad. 'If I did jihad, everyone would know who I am,'" Salman reportedly told Enriquez of what her husband toldher. "I knew Omar was preparing for jihad when he bought the rifle and when he spent a lot of money, going to the range, and bought the ammunition."
She also told the agent that she suspected that when Mateen left the house on the Saturday before the Pulse attack, he would do something bad.
Cross examination from the defense
Monday afternoon, defense attorney Charles Swift questioned Enriquez. He attacked Enriquez on a series of points, including not asking relevant follow up questions during the interview.
The defense is trying to provide an argument that elements of Salman's statements were a product of fatigue, tiredness and concern for her child.
They also toook issue with the statements themselves. Despite the FBI having ability to, none of the statements were recorded either by video or audio.
In a new motion filed with the court, the defense wants statements Salman made to the FBI investigators thrown out, saying she was not arrested nor read her Miranda rights prior to the statements, so they should not be allowed.
Judge Paul Byron dismissed a similar motion before the trial began.
Prosecutors say Salman told investigators she knew what was going to happen at Pulse nightclub and she did not do anything to stop it. The prosecutors argued she voluntarily provided information they now believe to be evidence that she knew about her husband's intentions and supported him through it.
But defense attorneys argue testimony from an FBI agent last week proves Salman did not give her consent.
“What the jury will be instructed is the element government has to prove is that she knowingly aided and abetted the attack. Knowing about the attack is just one part of it, aiding and abetting is what she’s actually charged with doing, and there’s a difference,” said David Haas of Haas Law Firm.
Salman's statements to law enforcement could play a critical role in her case.
It will ultimately be up to the jury to decide the contest to these statements.