COLUMBUS, GA (WTVM) - The state and defense have rested in the case of Michael Curry, a man accused of murdering his family with a bush ax. The infamous Columbus cold case is considered one of the worst crimes in the city's history.
Monday afternoon, Curry's attorney, Chief Public Defender Robert Wadkins, asked for a directed verdict of acquittal claiming the state has not, "put up a shred of evidence that it was Michael Curry" who killed his family with a bush ax in 1985.
Wadkins says prosecutors do not have a case against Curry, 53. He asked the judge to take the case out of the jury's hands.
Curry's alibi is that he left work on August 29, 1985 for several hours to buy a fan. He was not charged until 2009 after the cold case had been reopened by the Columbus Police Department. The state claims that gave him plenty of time to kill his pregnant wife and kids with a bush ax but his lawyer says it doesn't prove he's the killer.
As for a motive, the state has exposed Curry's affair with a female coworker, alluding to the fact that if his wife found out, she'd divorce him and he'd end up paying child support for their three children, leaving him with nothing.
"There's no inference made, no implications that he was going to kill his wife and children and run off with somebody," Wadkins added. He also says the state has not revealed a definite timeline of Ann Curry's actions, like when she got home with her kids.
District Attorney Julia Slater says jurors are fully capable of deciding Curry's fate.
"We have provided information regarding a motive for this. We certainly have shown that the defendant had the means and opportunity to commit the crime- the fact that there was a staged crimes scene, the conflicting statements to police officers, the unaccountability for the time he was by himself even during the time during which the murders occurred. All of these would be questions for a jury to consider and make decisions about the evidence in this case," she told the judge
The judge says he's considering the defense's request.
Michael Curry will not be getting on the stand in his own defense. He has decided not to testify in his murder trial.
Court proceedings will resume at 8:30 a.m. Tuesday. The jury will start deliberating once closing arguments are heard.
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