00:00:00
we're probably going to be dismissing this case on Monday you're going to dismiss this murder case yes this is an
00:00:10
unusual case and it has been a difficult case from the perspective of that we don't have a body we don't have a crime
00:00:16
scene we really don't have a means or method of death as we've reviewed the cases from other jurisdictions and our
00:00:22
trial team sort of looked at what these decisions meant for us we're afraid we won't get to a jury we're afraid that
00:00:29
the judge will enter a judgment of acquittal because we can't prove that Marcia Brantley was murdered give me a
00:00:36
statement about how this all came about last night the defense sent the judge and us their first series of cases that
00:00:44
were based on the same theory as they would argue their rule 29 what's rule 29 in a way that people can understand you
00:00:53
want explain you let me do i rule 29 motion for directed verdict which means at the end of the prosecution's case the
00:01:00
court takes a view of the evidence in a light most favorable to the prosecutor and they say can any reasonable juror
00:01:06
convict Donnie Brantley based upon this proof our belief is that had the case gone forward to trial no reasonable
00:01:15
juror could have convicted Donnie because there's no proof and so basically this information told you that
00:01:21
no matter how strong we think are our circumstantial case is that when the prosecution ended its case the defense
00:01:30
could have had a motion to dismiss because there wasn't proof that a murder took place that's correct if he grants a
00:01:37
rule 29 the judge grants it I don't get an opportunity to appeal the state has one opportunity you only get one shot