1118.1 Motion to Dismiss

Guilt Phase

October 18, 2004

JUDGE: And the next issue here, I believe there is going to be an 1118 motion. Is that correct, Mr. Geragos?

GERAGOS: That's correct.

JUDGE:  Do you want to go ahead on the record, please?

GERAGOS: Yes. The defense moves under Section 1118 for the Court to dismiss the matter based on all the evidence that's been adduced so far. Insufficient basis under the appropriate legal standard for the Court to allow this to go to the jury. I would submit on that basis.

JUDGE:  All right. All right. The test is whether or not there is substantial evidence of the existence of each of the elements of the offense charged. And under 1118.1, the jury -- the Court has to find whether or not there is sufficient evidence to sustain a conviction on appeal if, in fact, that was the case. The Court in this case has heard the evidence in this case. The Court is satisfied that the evidence before the Court is sufficient to sustain a conviction on appeal, and it will be up for the jury to decide whether or not the defendant is guilty or not guilty. But if they did, the Court's satisfied that there is enough -- sufficient evidence to sustain a conviction on appeal, so the 1118.1 motion is denied. Okay.