DOUBLE-CROSS HIM AND WAS EITHER AN INFORMANT OR A COP. RIGHT.
HE WAS POINTING AT DEFENDANT--AT JORDAN AS WEISNER WAS DRIVING STRAIGHT FOR HIM AND WOULD HAVE CONTINUED TO DRIVE AT HIM HAD JORDAN NOT JUMPED OUT OF THE WAY. [R.T. 4-107].
Defense counsel also offered these alternative explanations to the jury
WHAT EVIDENCE IS THERE ABOUT WHY LEO WAS POINTING? IMAGINE ALL THE POSSIBILITIES, LADIES AND GENTLEMEN. MAYBE HE'S NOT POINTING EXACTLY AT MR. JORDAN, BUT HE'S POINTING AT ALL THE CARS THEY'RE ABOUT TO HIT. OR IS HE SAYING--REMEMBER, AGENT JORDAN PULLED OUT A GUN? IS HE SAYING, "LOOK, THAT GUY HAS A GUN. LET'S GET OUT OF HERE. LOOK, THAT GUY HAS A GUN. STEER AWAY FROM HIM," OR IS HE JUST SAYING, "LOOK, THERE'S THE GUY. YOU WERE TALKING TO HIM EARLIER," WITHOUT SAYING ANYTHING ABOUT WANTING MR. WEISNER TO DRIVE AT HIM?
....
IS THAT PROOF BEYOND A REASONABLE DOUBT, LADIES AND GENTLEMEN? I MEAN I GAVE YOU ABOUT FOUR OR FIVE DIFFERENT ALTERNATIVES ABOUT WHAT THE POINTING COULD BE ABOUT; ALL OF THEM, I SUBMIT, PERFECTLY REASONABLE. ARE YOU GOING TO CONVICT A MAN OF ATTEMPTED MURDER OR ASSAULT WITH A CAR BASED ON THAT? [R.T. 4-68-69].