(AT THIS POINT IN THE TRIAL, THE DEFENSE RESTED ITS CASE AND THE FOLLOWING ARGUMENTS WERE MADE IN CHAMBERS WITH REGARD TO THE DEFENDANT'S RENEWED MOTION FOR DIRECTED VERDICT)

THE COURT: Do you have anything to add to your original motion for Directed Verdict at this point?

MR. STIDHAM: Not really, your Honor. I just want to be real careful -- (2136)

MR. CROW: --There was a case recently where a guy said, "I renew my motions," and the Court said that wasn't enough, and that scared us to death.

THE COURT: I'm familiar with that case and that's what I'm getting ready to say. Do you have any new matter that you want to add to your original motion for a directed verdict?

MR. STIDHAM: Just the same arguments that we made previously.

THE COURT: Let the record reflect that defense counsel has reannunciated and reaffirmed all of their motions, all of their reasons and justifications for a directed verdict, and the Court has considered those motions again at the close of the defendant's case and the motion is denied.

MR. STIDHAM: I hope that's sufficient, your Honor.

THE COURT: I don't know why it wouldn't be. There isn't any point in your rehashing them. What I've done is give you an opportunity to state any matter --

MR. STIDHAM: --We would like to very briefly say that we don't feel the State has met its burden of proof on capital murder because of the intent required of Mr. Misskelley. We don't think that has been established. We would also state that we don't feel the State has met its burden with regard to accomplice liability. (2137) We'd also submit the State hasn't met its burden with regard to first degree murder. And again, we'd like you to consider all those arguments that we made at the close of the State's case --

THE COURT: -- I think you made those at the close of the State's case as well. I will reconsider them now, and it will be the Court's finding that the State has made a prima facie case as to Jessie Misskelley, Junior's liability as an accomplice clearly. (2138)

MR. STIDHAM: Your Honor, are you satisfied with -- I don't want to waive any motion for a directed verdict. If the Court feels I need to go out and --

THE COURT: No. I think you've made your motion.