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I believe it's normal in a trial to do this. Defense will ask the judge for DP to be freed because the State was not able to prove it's case due to lack of evidence. jmo
It is totally normal and every defense attorney does so automatically. But in this case, there is a higher probability because this judge has made several comments indicating that the state has not met it's burden of proof.
He said two things today. One, was something about the state ' not placing the defendant at the scene of the crime..' And the other was about them not having any evidence of staging of the crime scene...
And the way he berates and discredits the state attorneys makes me believe this judge would LOVE to rule that they failed.