after five hours you start to worry. >> for the defense, carl marlinga was feeling better by the hour is obviously good news. i cannot lie to you. judges don't take this long to decide these motions. >> after hours of watching the clock go round, the defendant, out on $1 million bond praying with his circle of friends and family in the hallway, the judge at last returned to the bench. >> the court has been reviewing this matter for approximately five hours, i think an extraordinary length of time to review any motion for directed verdict. >> he started, was there a case to be made for the defense's position. >> albeit, it could be argued that this evidence is marginal. then he seemed to point out the merits of the prosecution. >> this is in many ways the classic murder case. if the evidence is believed by the jury then the jury could reach a finding of guilt. >> on the one hand, and the other. where was the judge going? so the court, at this point, cannot substitute its judgment for that of the jury. >> he decided for the prosecution. there was enough evidence to go forward. >> the di