ALBANY, Ga. (WALB) - UPDATE [9:07 p.m. on 12/3]: The retrial of Susan Embert for the 2014 shooting death of her husband could end in a mistrial after a witness mentioned evidence that was supposed to be excluded from the proceedings.

The dramatic turn came Wednesday afternoon when Dougherty County Coroner Michael Fowler, the fourth witness called by the state, spoke about alleged evidence that wasn’t allowed in the retrial. The defense immediately objected, prompting Judge Victoria Johnson to remove the jury from the courtroom.

Defense attorneys Charles Cullen and Jennifer Hyman then requested a mistrial with prejudice, which would permanently dismiss the case and prevent it from being tried again. State prosecutor Hal Moroz objected to the mistrial request.

Judge Johnson said she will hear arguments from both sides Thursday morning at 9 a.m. before deciding whether to grant a mistrial with or without prejudice or allow the trial to continue. If she grants a mistrial without prejudice, she indicated she would retry the case next week.

Coroner’s testimony triggers mistrial motion

The problematic testimony occurred when the state asked Coroner Fowler if he would examine and report on Jake Embert’s body differently than what he did originally.

“I would still stand on what I did on that part, a gunshot to the head. Now, for the information I received with the hearsay the antifreeze-” Fowler said before the defense objected.

The mention of antifreeze was the evidence that wasn’t supposed to be discussed in this retrial, leading to the immediate objection and subsequent mistrial motion.

Defense challenges expert testimony

In a motion filed Tuesday, the defense asked Judge Victoria Johnson to exclude that expert testimony. They say in the first trial, the state failed to establish that the experts’ opinions were grounded in sufficient facts as required by Georgia law.

The motion stated, “Dr. Ernest Lykissa’s testimony offered opinions that were not supported by reliable principles or methods and lacked a demonstrable connection between the asserted methodology and the conclusions reached.”

Judge weighing options

Judge Johnson says she wants to hear arguments from both sides before making a decision on a mistrial.

There are three possible decisions Judge Johnson could make. She could rule a mistrial with prejudice, which would mean the trial is over and Susan Embert couldn’t be tried again. She could also rule a mistrial without prejudice, meaning there would be a new trial with a new jury. Or the trial could continue with Coroner Fowler’s comment struck from the record.

She could make the decision as soon as Thursday.

UPDATE [4:05 P.M. on 12/3]: Opening statements were delivered and two witnesses testified Wednesday in the third day of Susan Embert’s murder trial in Dougherty County.

Susan is facing a jury for the second time in the 2014 shooting death of her husband, Jake Embert.

State seeks murder conviction

In opening statements, the state said it plans to show evidence and prove beyond reasonable doubt that Susan shot her husband in the head.

The defense presented a different argument, focusing on suicide as an alternative explanation.

“They have to rule out suicide. That’s the first thing they have to do. You will not hear a single piece of evidence that rules out suicide. You will not hear from a single witness who rules out suicide. They will not show you how Susan is supposed to have done this, how Susan is supposed to have created this scene that you’re going to see in graphic detail. How was she supposed to have done that?” Defense Attorney Charles Cullen said.

Family dynamics at center of case

Cullen said Susan was not well liked by her husband’s family.

“That family Jake Embert family could not believe that Jake Embert had killed himself from the very first day, could not believe that Jake Embert took his own life. And they poured all that grief and all that energy into making this into a murder,” Cullen said.

911 call played in court

The first witness, 911 operator Carolyn Lewis, testified about the emergency call Susan Embert made on June 28, 2014. The recording was played for the jury, during which Susan Embert became visibly emotional.

In the call, Susan Embert told the operator her husband shot himself and provided what prosecutors say was a false explanation for why he might have committed suicide.

“My husband just shot himself. He shot himself,” Susan Embert said in the call. “I heard the gun go off and I ran in the room and he shot himself.”

Later in the call, she told the operator: “We got married about two years ago and I found out he was gay. I didn’t know this and I didn’t give him a hard time. I said I understand, just tell me what’s wrong. Well, he was gay and then he got these diseases, these transmitted diseases or something.”

WALB plans livestream coverage during the trial, outside of scheduled newscasts (weekly newscasts are 12-1:00 p.m. and 4-6:30 p.m.)

PREVIOUS COVERAGE

[9 a.m. on 12/3]: Opening statements in Susan Embert’s retrial have begun following two days of jury selection. Late Tuesday afternoon, after examining more than 100 potential jurors, attorneys agreed upon the 12-member jury, who will hear testimony in one of the area’s highest-profile murder cases.

The final jury that’ll decide the fate of the Dougherty County woman on trial for the second time for the shooting death of her husband, is compromised of eight women and four men, with four alternates.

In 2015, a grand jury indicted Embert on charges of malice murder, felony murder, aggravated assault and possession of a firearm during the commission of a crime. Now she faces those same charges again.

Embert was found guilty of staging her husband, Jake Embert’s, death in December of 2019. Two months later she was sentenced to life in prison. In February 2024, her case was dismissed by Judge Willie E. Lockette, who cited speedy-trial violations and concerns an improper juror. The state supreme court reversed the dismissal in June 2025, and Embert was returned to custody in August 2025 and then bonded out.

PREVIOUS COVERAGE

Potential jurors were asked routine screening questions, including whether they have unavoidable conflicts that would prevent them from serving and whether they can decide the case based solely on the evidence presented. They were also asked whether they could hear testimony about suicide and whether they would automatically assume Embert is guilty if she chose not to testify.

Once testimony begins in the retrial, prosecutors say they plan to rely on much of the same evidence introduced at the earlier trial, while the defense has indicated its strategy may differ.

WALB plans livestream coverage during the trial, outside of scheduled newscasts (weekly newscasts are 12-1:00 p.m. and 4-6:30 p.m.)

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