Fernandez's Prosecutors Rested a Murder Case Without This

Day 6 of the Fernandez trial ended with the prosecution resting and the defense asking Judge London Kite to throw the case out. The motion argued what the defense has pressed all trial: the solicitation charge requires evidence of a communicative act, and six days of testimony produced nothing showing Fernandez asked Tenon to kill Bridegan. No message, no witness, no recording.

The prosecution's answer was the boldest legal theory of the trial. An "earnest ask" isn't needed, they told the judge, because the murder is the proof. Fernandez is the only connection between the alleged gunman and the victim. The checks, the trust clause, the phone data gap during the hour of the shooting, and a January visit to the man who once owned a 10mm Glock matching the shell casings form the web. That web, prosecutors argued, is the communicative act.

Judge Kite denied the motion. Before the jury entered the courtroom that morning, prosecutors had tried one more thing. Kim Jensen, a friend of Gardner's, testified under immunity about Fernandez allegedly asking his wife if there was anything "he wanted her to take care of." Marital privilege blocked most of her statements. The jury never heard her. Defense closes Wednesday morning. Deliberations could follow that afternoon.

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