If you've ever served on a criminal trial jury, or even watched an episode of any legal drama on TV, you'll recognize this moment. The prosecutor arises --in this case it’s Steve Kaplan -- and says "Your honor, the people rest."

And the defense response in this Michigan courtroom, just as predictably, was to try to get the case thrown out. Not enough evidence, said the defense. The state hadn't met its burden, argued defense attorney Carl Marlinga in asking the judge for what's called a directed verdict.

Marlinga: When you just don't know. You have to pull the plug. You have to say, "That's it."

And then it got really strange.

Dennis Murphy: And you say, "Your honor, the state has not proved its case. We ask that you dismiss it right now, that it not go to the jury."

Carl Marlinga: Right.

Dennis Murphy: It happens all the time.

Carl Marlinga: Right. And we did.

Dennis Murphy: And almost always you're rebuffed.

Carl Marlinga: That's right. And almost always you're rebuffed within about 10 to 15 seconds.

Dennis Murphy: That didn't happen here.

Carl Marlinga: No.

This time Judge James M. Biernat listened intently for 20 minutes as Michael George’s defense lawyer argued that there was no way the prosecution had proven beyond a reasonable doubt that the defendant was in the comic book shop with a gun in his hand after 6 p.m. the evening his wife was killed and, likewise, no one could say that it wasn't a botched hold-up.

Marlinga: Nobody knows that it's not a robbery.

Lawyer Marlinga was saying, in effect, the prosecution hadn't given the jury enough evidence to render a verdict that was anything but speculation or guesswork.

Marlinga: A trial judge is obligated to make a call to say whether or not there's sufficient evidence to justify this.

Prosecutor Kaplan knew that, by law, the judge has to regard all evidence in a light most favorable to the prosecution. He took just 30 seconds and parried with a brief citation of case law arguing why the case should go to the jury.

Kaplan: The evidence presented to this court creates a question of fact for the jury, whether Michael George is the murderer, and the motion should be denied.

And then the judge retired to his chambers to ponder this motion to dismiss. In first-degree murder trials it hardly ever happens in American courtrooms, less than 1 percent of the time, that the case would be short-circuited before it ever got to a jury. But the judge was out, and he stayed out for hours.

Dennis Murphy: What was going on?

Eric Smith, the county's chief prosecutor: Well, I could tell you what was going on in the prosecution's end. We were fit to be tied. We've all tried hundreds of cases. And these motions for directed verdicts are dismissed almost immediately.

Dennis Murphy: Did you expect it was possible he was going to come out and say, "This case is dismissed. Jurors, you're released. We don't have a case here."

Eric Smith: Well, initially, never crossed my mind. After a couple hours, it still hadn't crossed my mind. After five hours you start to worry.

For the defense, Carl Marlinga was feeling better by the hour.

Marlinga: I remember walking outside with my client and saying this is obviously good news. I cannot lie to you. Judges don't take this long to decide these motions.

Detroit news reporter Edward Cardenas hurriedly roughed out a story he never expected he'd be writing that day, that the judge had abruptly ended the murder trial of Michael George because of a lack of sufficient evidence. He didn't know whether he'd have to file that story or not.

Cardenas: The tension was high. Everybody had no idea how the judge was going to rule. And you could not tell which way he was leaning.

After hours of watching the clock go round, the defendant, out on a $1 million bond, praying with his circle of friends and family in the hallway, the judge, at last, returned to the bench.

Judge James Biernat: The court has been reviewing this matter for approximately five hours. I think an extraordinary length of time to review any motion for directed verdict.

There was a case to be made for the defense's position, he started.

Judge: Albeit, it could be argued that this evidence is marginal.

Then he seemed to point out the merits of the prosecution's argument.

Judge: This is in many ways a classic murder case. If the evidence is believed by the jury, then the jury could reach a finding of guilt.

On the one hand. And the other.

Where was the judge going?

Cardenas: Myself and the other reporters that were there covering the case, we all were kind of looking at each other and wondering which way it was going to go because he kept on back and forth with his points.

He came to a conclusion.

Judge: So the court, at this point, cannot substitute its judgment for that of the jury.

He decided for the prosecution. There was enough evidence to go forward.

Judge: The directed verdict is denied.

The defense had lost a five-hour long high-stakes game and apparently by the closest of margins.

Marlinga: That's probably the toughest moment I ever had as a lawyer.

Dennis Murphy: You thought you might have had it.

Carl Marlinga: I thought I might have delivered this guy from this horrible, horrible experience of not only having lost his wife, but then being falsely blamed for it after all of these years. I thought, I thought the ordeal was almost over.

The jurors filed back in for the defense case unaware of how close they'd come to being thanked and sent home without ever hearing any more evidence.

The murder trial of Michael George continued.

MORE FROM CRIME STORIES

Crime stories Section Front

Justice halted: The murdered prosecutor Hard lessons: Teacher-student love turns lethal Bullies caught on tape: Aggressors, or victims? Clark Rockefeller: Famous name, infamous life How the phony French 'Rockefeller' conned Americans The crossbow incident Mystery of the missing millionaire The devil's business Deadly intentions Murder on the mind Crime stories Section Front   Add Crime stories headlines to your news reader: