Ricki
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- Apr 9, 2010
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This is what the Judge said yesterday after the Motion for Judgment of Acquittal.
NG twisted the part where the Judge said that the Defendant [lied] and said that her daughter was alive during the time that her daughter is now known to have been duct taped across her nose and mouth, had chloroform in the trunk, and placed in a trash bag and other container. Meaning the Inmate lied and that is part of the State's case which the Judge says they presented to the jury.
Judge: in this case there is more than a single act ... those acts consist of duct taping, the nose and mouth, the presence of chloroform in the trunk, coupled with fact that there is evidence that the child was placed in a trash bag and other container and
statements introduced into evidence that during this time period Ms Anthony through statements, said that the child was alive during various segments of this time.
It is quite clear in this case more than one single act which satisfies the test of Brooks vs State.
Considering the evidence in the light most favorable to the state and reviewing all evidence and tests laid down by Florida Supreme Court the defense motion for judgment of acquittal on counts 1-7 are hereby denied.
These are strictly questions for the jury to decide
The court finds State has presented substantial competent evidence for this jury, the trier of fact in this case to decide this particular issue.
That's a big stack. God bless JP.