A judge was concerned that Juliana Peres Magalhaes obtained a new passport after hers was seized by police.
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Magalhaes' attorney argued Friday that she killed Ryan in self defense after he stabbed Banfield.
The judge had concerns over the fact that Magalhaes, who is from Brazil, reportedly obtained a new passport after police seized hers.
The defense attorney said his client obtained the passport innocently, not thinking any charges were going to come out of this. Her attorney says he asked for her personal belongings back from police repeatedly over the summer.
The prosecution presented evidence Friday that Magalhaes and the husband of the family she worked for, 38-year-old Brendan Banfield, had a sexual relationship for months. The attorney showed pictures of the Banfield's bedroom and closet the day of the murders compared to shortly after the au pair's arrest. In the eight months since the murders, it appears the au pair moved all her belongings into the primary bedroom. The prosecution also pointed out two photos of Magalhaes and Brendan Banfield together -- one on a nightstand and another on a dresser.
When police first questioned the family in February following the murders, Brendan Banfield told dispatchers that he'd shot Ryan after Ryan had stabbed his wife.
On Friday, prosecutors alleged that Ryan came into the picture because he responded to an account for sexual fetishes. The attorney said the account had been created from the Banfield home. Police have previously said Christine Banfield and Ryan were known to each other but have not explained the nature of their relationship."