CM: Defendant renews Motion for Mistrial regarding the duct tape video.
HHJBP: Renewed Motion for Mistrial will be denied.
CM: Most recent Ring Motion by AF challenging the Death Penalty.
HHJBP: You want me to continue to reserve ruling on that?
CM: I do. With the Motion for Acquittal, there is now at least as valid an inference that this was an accident as there is that the child died of chloroform or smothering from duct tape. The child had the ability to go in and out of the house, up the ladder and in and out of the pool. There has yet to be any evidence of how she died, where she died, when she died and who may have been in attendance. There is no evidence of premeditation, no evidence of a felony murder unless you suggest some form of aggravated child abuse. The elements as to counts 1, 2 and 3 have not been proven. What they have proven is that ICA told many people many falsehoods, that the child is dead, they proved that she was a very good and loving mother. So, all of the 366 documents of evidence show a myriad of things to talk about. Chloroform? May have been in the trunk - decomp or other. Duct tape found near the body and maybe adhered to the hair mass, no DNA to link it to anything. In fact the DNA excludes the defendant. There's no evidence that the duct tape was placed on this child's face at all. There's no evidence that this child died from chloroform poisoning. No quantitative analysis of chloroform. Separating fact from fiction, the jury should not be guessing.
LDB: These matters should be argued by the Jury and there is no new hypothesis of innocence.
HHJBP: Renewed motion of acquittal will be denied.
JA: Telephone conference at noon tomorrow? Based on Arizona v Shad I'll send to you tomorrow
HHJBP Do you all remember the murder of Judge Shillingworth? Did they ever find his body?
CM: No they never found his body.
HHJBP: He went fishing and he didn't come back.
Court will be in recess.