LUMBERTON — The capital murder trial of Myron Britt will enter its fourth week on Monday on a closing note.

The presentation of evidence by both sides concluded Friday without Britt taking the stand to testify in his own defense. He also didn't testify in a 2006 trial that ended with a hung jury.

The law does not require a criminal defendant to testify on his own behalf, and his decision to remain silent cannot be used against him.

Britt, a Cary home builder, is accused of the Aug. 23, 2003, shooting death of his wife, Nancy Melton Britt. She was in Lumberton to care for a sister when she was shot to death in her childhood home.

Closing arguments are scheduled to begin on Monday at 9:30 a.m.

The retrial of Britt began July 6 in Robeson County Superior Court. District Attorney Johnson Britt rested his case July 17 after 10 days of trial and 25 witnesses.

In the end, defense attorneys James Parrish and Sue Berry called nine witnesses in less than a week, the last witness being the defendant's daughter Lauren.

Friday morning, Judge Gregory Weeks addressed Myron Britt directly, asking him if he'd had the chance to confer with his attorneys about whether or not to take the stand. He said yes.

"And it is your decision not to testify?" the judge asked.

"Yes, it is," said the defendant.

Johnson Britt was then asked if he planned to call any rebuttal witnesses. He said yes and asked for a few moments to review his notes. Then he stood at the prosecutor's table and said he was not calling any rebuttal witnesses after all.

As he did July 17 after the state rested its case, Parrish today made another motion to dismiss the case, claiming insufficient evidence. This was done outside the presence of the jury. Judge Weeks again denied the request.

Johnson Britt, who is not related to the defendant, contends that Myron was a failed businessman who killed his wife in order to collect about $900,000 in insurance money.

Parrish and Berry have gone after the investigators in this case, attempting to show sloppy handling of evidence and a rush to judgment.

They also worked to show that Myron and Nancy had a good relationship, and that there was no financial crisis as alleged by the prosecution. Also, the defense presented evidence to said proved that Myron could not have killed Nancy because he was at home in Cary when she was shot.

The prosecution says Myron Britt had plenty of time to drive to Lumberton, kill his wife with his father's old .25-caliber handgun, and return to his Cary home before anyone knew he was gone.

Nancy came to Lumberton the evening of Aug. 22, 2003, to take care of her disabled sister, Donna Madry, while another sister left town. The prosecution has shown that Myron Britt was one of only four people who knew Nancy would be at the Lumberton house that night; the others were Nancy's two sisters and Lauren.

Other testimony has shown there was no evidence of forced entry into the home, and nothing amiss other than the victim's lifeless body on the floor at the end of the hallway.

The last handful of questions Johnson Britt asked Lauren Britt on cross examination Friday dealt with her mother's habits relating to security. Johnson Britt asked Lauren if it was her mother's habit to lock house doors if she was home alone. She said yes, that each family member did the same.

Was there any reason to think Nancy would change her habits when staying with her sister in Lumberton, Johnson Britt asked.

"I wouldn't think so," Lauren said.

Was it your mother's habit to open the door to a stranger, asked Johnson Britt.

"If it was in the daytime ... maybe if she was expecting someone — not a stranger, no," Lauren said.

A jury of 14, including two alternates, is now hearing the case.

On Friday morning, one male juror was excused from the jury after he informed the court that a stepsister had been found dead. Outside the presence of the other 14 jurors, the man said his stepsister was in a relationship with a history of domestic violence. The man told the judge he could still be impartial in the Britt case, but he did ask for time off to attend the funeral.

Weeks expressed condolences to the man, thanked him for his attentiveness and service, and sent him home.

A short time later, the jury was sent home so attorneys on both sides and the judge could work out what instructions will be read to the jurors before they begin their deliberations next week.

If Britt is convicted, he could face the death penalty.