Attorneys for Steven DeMocker argued Wednesday that the evidence was insufficient to convict him of first-degree murder and other charges in the 2008 death of Carol Kennedy.
Judge Gary Donahoe says while the case was filled with conflicting evidence, jurors could construe beyond a reasonable doubt that DeMocker committed the crimes.
A mitigation hearing is scheduled for Jan. 24.
DeMocker took the stand earlier Wednesday in Yavapai County Superior Court as his attorneys argued that he improperly was interviewed by the jail commander. But DeMocker's testimony was short lived.
As a prosecutor waded into the criminal acts on cross-examination, DeMocker's attorney invoked his client's right to remain silent. DeMocker's previous testimony was stricken from the record.