Why? Why should the defense be forced to go on with questioning? The prosecution clearly demonstrated that they have no solid prima facie case to infer guilt on the defendant.
No, I am all for the defense making the motion but I do not see it granted as there are material facts that are jury questions to me.
Credibility of the eye witness which I believe is strong but that is a material fact issue and all of those are jury questions to decide.
However, if the Judge believes that falls within the presumption of allowable force then maybe so but I would rather have a jury decide that.
I agree, regardless of what O'Mara contends, the judge will deny the motion. I will be flatly surprised if she grants it.
As will I. She will let the jury decide.