Judge Comments Summary: D=Defendant MT
Intent of Defendant: D statement "Buried next to dog" - evidence of motivation by Jury - stmt made before 4/24
Reasonably conclude that because D indicated that FD was home in early am of 4/24 but indicated later on that he was not home indicated that D knew where FD was and that she was covering for him
Discarding of evidence on Albany ave is an indication that D knew the purpose of the reason for discarding of evidence
Even though D did not drive FD to car wash there was probably an arrangement to 'pick me up later' that she knew the reason for this trip and why he would be there - Jury can conclude these things
Regarding remarks on multiple conspiracies - 2nd Circuit reference - a conspiracy terminates when the central purposes of that conspiracy are attained. So, for example, if central purposes of JF murder took place on 4/24 then that is the end of that conspiracy. Then there is another conspiracy and that is hindering or tampering. Court is not persuaded that State cannot charge multiple conspiracies and its too early to consider at this point any arguments for a vacator for any convictions, if there are any convictions.
The Court finds that there is enough evidence to send to the Jury on Counts 1-6 and motion for Acquittal is DENIED.
Time is 11:25 to resume at 11:40.
MOO