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somewhat of a disadvantage because we haven't tried the case. in a way what occurred here maybe was an attempt by defense counsel to try to try it in terms of just the probable cause, but we obviously have much more than that. but our position is that the court should consider in terms of what he is facing, that is life in prison, and so it's a felony, a life felony, and that obviously makes it different than what he was before in terms of when he was out. he wasn't charged with a crime in terms of his flight risk. you also have the fact that it is an unarmed 17-year-old boy. the court has to consider the fact itself. this young man was minding his own business, was not committing a crime. and i know we are not going to litigate the case in front of the court at this time but that is a factor in terms of you have an innocent young man whose life is no longer among us. his ties to the community, i don't know how good they are, quite frankly i think he's got a nice family, but you know, where is he going to stay if the court let's him out? will he be a threat to other

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