At the close of his evidence, the judge qualified the normal courtesy granted to witnesses, saying: "For obvious reasons I am not going to say you are free to go".
"At the close of the evidence, your Honor, we will ask you to find as a fact that the beginning of the flow period, about 62,000 barrels of oil per day were coming out; that by the end about 53,000 barrels were coming out," O'Rourke said.
The people of this state will therefore ask you at the close of the evidence to find him guilty of murder".[44].[44]
Walter B. Huffman, a former Army judge advocate general, said it was not uncommon in military criminal proceedings to see charges against troops involved in a single episode to fall away under closer examination of evidence, winnowing culpability to just one or two defendants.
The new indictment, which was filed Thursday in Federal District Court in Alexandria, Va., adjusts some numbers, apparently after a closer review of evidence: Megaupload had only about 67 million registered users, not the 180 million earlier claimed, and only about six million users ever uploaded files.
The high-ranking military officials who coordinated the arrival and unloading of the Gulfstream in 2008 were never charged, and the case was closed for lack of evidence.
Though a long criminal investigation into bribery and money-laundering was recently closed for lack of evidence, a charge of breach of trust was then filed against him, finally forcing him out of office.
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Don Borelli, a retired F.B.I. counterterrorism supervisor in New York, said there was a danger in criticizing agents who close investigations for lack of evidence.
There was clearly a "winner" model for each scenario as indicated by the values of the "weights of evidence" close to 1.
