The judge actually told the defense they could file the motion later. He did not tell the defense to get lost.
Cash could at least pretend to follow the case...
Yes, but fundamentally Cash has this right. It may not be right or fair, but in a jury trial, the jury gets to make the call. Nullification is a longshot in this type of case.
I am assuming that the defense is and will be building multiple grounds for appeal and for blunting any Nifong bluster and theorizing in the courtroom.
Ideally, this should not go to trial because there is a small but meaningful probability that Nifong may get a compliant jury.
I am not sure about Michaels pretending to follow the case, but under American law you have the right to know what you are accused of. So in fact Michaels and Joyner are spinning claiming that Nifong can be hiding something that is relevant still.
Nifong will not be allowed to say "maybe a foreign object like a broom" unless he has some affirmative evidence that something like tha took place. That evidence is discoverable.
The defense is allowed to throw almost anything up against the wall and see if it sticks although there are some limits on defenses that I think are outrageous. The prosecution is most certainly NOT allowed to bring a case and make up wild theories about why they don't have DNA evidence or cross contamination that would would expect with what they are alledging.
Finally Michaels adopting the Nifong spin that something is wrong with aggressively defending ones self is another failure to understand the American criminal system. The attorneys are aggressively defending their clients because THAT IS WHAT THEY ARE PAID TO DO.