As noted previously, Mac lost at trial. No surprise there. However, today his trial attorney (my colleague who stepped in to handle the case when I was nursing my dying wife) and I argued a motion to vacate the verdict and dismiss the case based upon insufficient evidence to convict. The court listened carefully to arguments from us and from the City and, noting that he believed that the jury gave a verdict based upon emotion, and not the evidence, vacated the conviction and remanded to the lower court with instructions to dismiss. The court noted that in the entire time he has been on the bench, he has considered 10 motions to vacate and dismiss based upon insufficiency of evidence (including this one), and has ruled 9 times that there was sufficient evidence to convict.
Mac, who was not there because he has moved to Kentucky, was elated by the news. The City now has 30 days in which to consider appealing the decision. City attorneys, being on limited budgets, pick carefully the cases upon which they spend their money. I will be surprised if they decide to appeal.