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Thanks. Here's the relevant part:

Cross examination starts: The ACLU's Walczak ended his line of questioning with Miller with about an hour and a half left in the day.
Robert Muise, attorney with the Thomas More Law Center, began his cross examination by suggesting that maybe there was evidence, "observable, empirical facts" to a greater hand's help in the Red Sox victory.
His next line of questions seemed to focus on the language used in the board's policy, which says there are "gaps" in Darwin's theory.
But Miller countered that no scientific theory is a fact: Even the theories of friction and gravity are not "fact" because in science, everything is subject to testing.

All he's saying here is that theories and facts are different things, and that theories are always subject to revision or falsification. That's nothing different than what scientists have been saying all along.

You could just as easily point to Roger Pennock's testimony today where he said that for all we know, the Matrix hypothesis could well be true and we've all been implanted with memory chips 5 minutes ago. <shrug>

Robert Muise, attorney with the Thomas More Law Center, began his cross examination by suggesting that maybe there was evidence, "observable, empirical facts" to a greater hand's help in the Red Sox victory.

Is this guy serious? I read the link you furnished - I thought I was reading an article in the Onion. This guy is arguing in the defense of the school board's decision?! Absolutely mind-blowing.

Pennock's throw-away line about a Matrix hypothesis, which he may have intended as a bit of humor, does not help his argument; especially in a bench trial.

Whether one agrees with ID or not, one cannot reasonably say there is no support for the position. Even Miller admitted that evolution is not 'random'.