FORT MYERS, Fla. - Friday morning, Juan Mendez's attorneys motioned for a mistrial.

But as the hour went on, they withdrew their motion, instead asking that Ashley Crouch's testimony be stricken from the record.

Crouch testified Thursday that Juan Mendez was on probation.

The defense thought it could prejudice the jury and hurt their client.

In court Friday morning prosecutor Cynthia Ross said Crouch's statement was "fleeting".

Attorneys on both sides have agreed that part of Ashely Crouch's testimony be stricken from the record.

Crouch was back on the stand later Friday morning.

She testified the day before Whitney Mendez and her mother, Lori Stone were stabbed to death, Juan allegedly threatened them.

Crouch broke down in tears as she recounted the story.

Following her testimony the State rested its case.

The Defense also rested its case without calling a single witness.

Court is in recess until Tuesday.

Closing arguments will take place then and jurors will begin deliberations.

Juan Mendez faces life in prison if found guilty of the two charges of second degree murder.

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