What this says to me is the prosecution has met its burden to present a sufficient case to continue to the defense portion. If it had not met the prima facie threshold, Cardoza would have needed to dismiss the case.
Prima facie, at first glance, means prior to being scrutinized and challenged. Defense now has the burden of rebutting evidence and conclusions drawn from it.
Apo said SC should be acquitted on both charges, the murder and the arson. So he is challenging both.
He's making a strong challenge to the special aggravated terms. He has the best opening there, because there are
no witnesses to any torture.
Back in 2015, the argument for aggravation was the number of stab wounds to
the womb. I expect that Rivera will still offer that. it does appear they cannot prove the stabbing was the cause of death or that she was not stabbed post-mortem.
I suspect the jury will find for the enhanced sentencing when it comes to that phase. I doubt anyone thinks her end was merciful
or quick. Nor that he deserves eventual release.
Nov. 10 is a Thursday, normally off. Is that what makes the witness special?