DAVENPORT, Iowa — It's been roughly two and a half weeks since the trial of Henry Dinkins started and the state has rested its case halfway through its original list of witnesses. Dinkins is accused of killing 10-year-old Breasia Terrell back in 2020.
During court proceedings on Monday, Aug. 28, defense attorney Chad Frese asked for a motion of acquittal due to lack of physical evidence, an ongoing topic throughout the trial.
"We believe no reasonable jury could find beyond a reasonable doubt that Mr. Dinkins committed either of these crimes under either of the theories put forth... We assert there is no reasonable or credible evidence that comes forth that puts Mr. Dinkins as the person who caused the death of Breasia Terrell," Frese said.
He went on to say that there was no person who could identify Dinkins as the one who pulled the trigger, no evidence of him possessing a firearm, or any DNA or physical evidence.
"We believe a judgment of acquittal should be entered based on the insufficiency of the evidence at this point and ask the court to enter a judgment of acquittal as to both counts," Frese said.
State's Attorney Kelly Cunningham responded with a lengthy argument, laying out multiple facts in the case.
"So when you go through that, your Honor, the question is, is there sufficient evidence to establish that the defendant caused the death of Breasia Terrell? Absolutely," Cunningham said. The state asked the court to deny the motion for a directed verdict of acquittal.
Judge Henry Latham denied the motion for judgment of acquittal, finding sufficient evidence for the court to consider a verdict in this case.
In addition, Dinkins is exercising his right to remain silent and will not be testifying in trial.
The judge asked Dinkins if he understood the decision, to which he replied, "Yes, sir," multiple times.
"You've made a knowing and voluntary election not to testify, is that correct?" Latham asked. "Correct," Dinkins replied.
Closing arguments will be made Tuesday morning when court resumes at 9.
Watch the trial in its entirety on News 8's YouTube channel