A 41-year-old mother of three accused of killing her husband has had her murder retrial delayed because she has gotten pregnant through IVF . Julie Harper was acquitted on October 2nd of gunning down her spouse of 11 years , Jason Harper , 39 , in the couple 's home in Carlsbad , California , in August 2012 as their three children watched cartoons upstairs . A judge declared a mistrial after the jury came back deadlocked , but had leaned towards a lesser charge of second degree murder . Her new trial was set for April 15 , but her due date is May 12 and , because doctors believe it is high risk pregnancy , they urged a judge on Monday to delay it . Scroll down for video . Pushed back : Julie Harper was acquitted on October 2nd of murdering her husband of 11 years , Jason Harper , 39 , in 2012 . Her retrial has been delayed because she is expecting a baby . Vista Superior Court Judge Blaine K. Bowman agreed to push it back to September 8 , starting with jury selection . However , according to the San Diego Reader , prosecutors are suspicious that it was an IVF pregnancy , claiming that a 'neighbor witness ' saw ' a man in his underwear staying in the master bedroom ' around six months ago . They said : 'Once again , Defendant is engaging in a disturbing manipulation of our criminal justice system . ' Prosecutor Keith Watanabe told the court that Harper has a new 'lover and fiance ' , who she described as the 'love of her life ' in a letter written 17 days after her husband was shot . They have asked the judge to question this man . A week before the killing , the jury in the initial trial heard Mrs Harper filed for divorce and allegedly forged her husband 's signature so she could withdraw $ 20,000 from two bank accounts and their daughter 's college fund . Allegations : A judge declared a mistrial after the jury came back deadlocked , but they had leaned towards a lesser charge of second degree murder . During that case the defense contested Harper ( left ) was abused by her teacher husband of ten years ( right ) During her first trial , Harper testified that she was afraid of her husband and that he repeatedly 'raped ' her . She portrayed herself as a victim of domestic and sexual abuse at the hands of her husband , and insisted that she fired the fatal shot in self-defense . But Watanabe challenged Harper 's claims , saying that she had prepared for the final showdown with her husband by packing a ‘ getaway bag ’ and putting inside passports for herself and her children . They have aso alleged that 52 prescription bottles were located in the same room where the deceased husband was found , and those medications included Oxycontin , Oxydocone , Hydrocodone , Valium , and Morphine . At the new trial , if Harper is convicted of second-degree murder , she could face between 40 years and life in prison . Scene : Police investigators remove Jason Harper 's body from the family home on Badger Lane in Carlsbad in California in August 2012 .
Julie # 1 was acquitted of killing innocent Harper in their home in 2012 . Judge declared a mistrial after the jury failed to reach a verdict . Her retrial was set for April 15 , but her due date is not until May 12 . New trial has been pushed back after a jury accepted a doctor 's recommendation . Prosecutors are disputing it was by IVF as a man ' in his underwear was seen in the master bedroom ' six months earlier .