if we didn t feel like we could prosecute it and be successful, we would have never indicted it or proceeded with it. circumstantial cases allow you to be creative. you can take a set of facts and weave a story together for your theory of prosecution. shaun smoot insisted he was innocent. he cycled through five different defense attorneys and the trial was delayed again and again. it was surreal. it took 22 times. robert jolly, smoot s fifth attorney believed the state s case was weak for one simple reason. i don t think that they did very shore row investigations of anyone other than mr. smoot, and