Robert Shapiro asked the court to dismiss the case before the defense decided whether to present an affirmative defense. Judge Kathleen Kennedy-Powell denied the motion immediately and asked whether the defense wished to proceed with an affirmative defense.
# 1 MR. SHAPIRO: Before we begin considering an affirmative defense, there would be a motion to dismiss the case, Your Honor.
KEY QUOTE # 2 THE COURT: I'm sorry. You say before you begin considering an affirmative defense?
# 3 MR. SHAPIRO: Yes. I think at THIS point in time we would like to make a motion to have this case dismissed.
KEY QUOTE # 4 THE COURT: That motion is denied. Did you wish to present an affirmative defense?
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