Archibald: “Rule 29 provides for a mechanism for the court to review the evidence that’s been submitted and determine if there’s been sufficient evidence on each count to proceed to the jury. I will ask for a 15 minute recess to go to a secure location so we can have an open discussion about my client’s right to proceed.”ġ:41 p.m. While the court reviews it, I will ask for a break so me, my co-counsel and investigator can meet with my client to decide how she wants to proceed with a defense. “If the court needs time to review the evidence, we are not opposed to the court taking time. Archibald: “If we do not present any evidence, then that issue would be moot in any event.”ġ:43 p.m. She asks Boyce to deny the Rule 29 motion. Lindsey Blake says they have presented evidence to support all elements of the indictment, and the case is ready to be submitted to the jury at the close of the defense’s arguments. Boyce says everyone needs to leave the courtroom except Lori and her defense team so they can meet privately.ġ:45 p.m. Archibald is asking Boyce to consider this after reviewing all the evidence. Idaho Rule 29 is the Motion for Judgment of Acquittal. There are around 75-100 people waiting outside the courtroom to see what the defense team will say once the doors open up.ġ:48 p.m. When I walked in, Lori had a big smile on her face.Ģ:10 p.m. Archibald says, “We don’t believe the state has proved its case so the defense will rest.”Ģ:26 p.m. He says he has taken Rule 29 under advisement. He asks if it’s her decision to not testify. Boyce tells Lori she has the right to exercise her 5th amendment right and can not be compelled to testify. Closing arguments will be heard Thursday morning.Ģ:30 p.m.

Tomorrow Boyce will meet with the defense and prosecutors to work on jury instructions. “There will be a jury instruction conference with counsel tomorrow.” He says they will be excused tomorrow and resume on Thursday with closing arguments.Ģ:31 p.m. Boyce says the evidence portion of the trial is over.

“After consulting with my client, we don’t believe the state has proven its case so the defense rests.” A few jurors write things down. Boyce asks Archibald to advise the jurors how they are proceeding.

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