What was the VOA motion?
>> What was the VOA motion?
Immediately after prosecution rested, O’Mara moved to have the judge issue an immediate Verdict of Acquittal (VOA), on the grounds that the state has no case.
This is kinda sorta routine, however in many criminal cases it’s probably just a formality. Neither side really expects the judge to acquit right then and there.
But in this case, of course, the prosecution really DID NOT do anything like present evidence that established guilt beyond a reasonable doubt.
O’Mara didn’t just go through the motions, he argued with lots of rationaliy and case law. SOME of his case law was cases that actually WERE overturned in appeal because the judge in the original trial erroneously failed to issue a VOA.
Another point: if a mistrial is declared, then of course there is no verdict, hence no appeal based on verdict is possible. However, it seems that you CAN appeal a denied VOA upon a mistrial! That might mean if there’s a mistrial, Z stays out on bond while such an appeal happens. (I suppose gearing up for a 2nd trial could also happen in parallel.)
Anyway, something interesting and hopeful to ponder...