Page 32 - John Hand News Today : Breaking News, Live Updates & Top Stories | Vimarsana

>> that's a common motion made by most defense attorneys when they ask a judge to throw out a case, especially due to a lack of evidence. >> you always do it. it's, frankly, malpractice not to. >> everyone thought this would be an order of business, quickly dispatched. the judge would move on to setting a new trial date. >> then he talks about the lack of evidence regarding the possession of the gun, lack of evidence that the fingerprints were found on the shells upstairs, but that didn't indicate that he'd ever shot it. i looked at another reporter who i know and i said what's going on here? ...

>> he was one of the most encouraging people on the team. he was a leader on the team, both by example and his words. >> rob and charlie became not just teammates but great friends. >> he's one of the most generous and selfless people i've ever met. >> he impressed his teammates and coach. >> good football player, always quiet, always got a smile, never late, good worker, good kid, solid. >> go back to the handsome house in the rochester suburbs where charlie grew up in his teenage years. it's a place called pittsford, new york. and newspaper reporter john hand knows it well. >> it's a very ni...

We understand that the d.a.'s office is not going to walk away from a homicide. >> how will it look differently? >> better for me. that's how it will look differently. >> unfortunately for charlie's attorneys, they'd already played their surprise defense, mom really did it. there would be no shock value in a second trial. >> frankly, we've got to face this like a brand-new case starting today. in november of 2015, weeks after the trial ended, both sides were back in the same court, before the same judge, who two days earlier had won the state supreme court seat. it was a routine hearing to tal...

>> charlie said, my dad's in there. he's dead. i had to do it. he was going to hurt my mom. >> the father is shot because the boy feels his mother's in jeopardy. >> yes. >> it was getting late on a frigid february night. the deputies put the son and mother in a patrol car. >> they asked him where the shotgun was. there was some mention of it being in the garage. >> reporter: after securing the weapon, they made their way to the second floor. in the home office they found the victim. >> the father is behind the desk? >> spent shotgun shells are right there in that doorway area. >> the detective...

>> help me, help me! >> no, no. >> a deputy was sent to the house and noticed jean tan, the wife, was clearly rattled. reporter john hand. >> they found that jean was still upset. she had some red marks on her neck, but there wasn't enough there to charge jim tan with a crime. >> so incident over? >> that night. >> he tried to kill me, but nothing results in charges or makes it into the paperwork. >> right. >> so a history of abuse, it appeared. if that were the case, charlie had told no one in his circle at cornell university. the coach hadn't heard from charlie in days, and now his phone ran...