DuPage County Judge Daniel Guerin denied a motion Thursday in the Michael Delaney trial that prosecutors have failed to prove beyond a reasonable doubt the June 2009 murder of Michael Scalzo was pre-meditated.
Delaney's defense filed the motion because "there is zero evidence" that he stabbed Scalzo in a pre-meditated or pre-calculated way, DuPage County Assistant Public Defender Brian Jacobs said Thursday.
Prosecutors were asking for a pre-meditated murder decision, Jacobs said, based on Delaney’s prior actions toward people other than Scalzo, including his ex-girlfriend Edita Pranckute and her new boyfriend, Jonathan Nkhoma.
But assistant DuPage County State's Attorney Timothy Diamond said, "There is no way to argue it was self-defense... There is no doubt whatsoever we have proven this case."
Delaney stabbed Scalzo, 40, with a five-inch steak knife after Scalzo approached Delaney to defuse an escalating conflict between Delaney and his ex-girlfriend's new boyfriend, witnesses testified Wednesday.
READ MORE FROM WEDNESDAY'S TESTIMONY: 'NO QUESTION MICHAEL DELANEY KILLED MICHAEL SCALZO': PUBLIC DEFENDER
Delaney will go on the stand when the trial continues with the defense's arguments at 9:30 a.m. Friday.