Menna has been charged with first degree murder in connection with the shooting death of her husband, Dr. Glauco Menna, in January 2000 outside his office. While investigating the shooting, a detective asked her to submit to a gun powder residue test, but she declined, saying she need to talk to an attorney first. She later was charged with the murder and, while pending trial, sought a court order forbidding the State to introduce her refusal to submit to the test. The trial court granted the order, but the Fifth District Court reversed.