McTear's attorneys build defense

TAMPA - Richard McTear may have sounded like he was owning up, saying "it's just a dirty game" as he was led to jail.  But months later, his lawyers say there's no proof he tossed 3-month-old Emanuel Murray out of a car.

The baby was found dead along the interstate, after his mother, Jasmine Bedwell, told police McTear attacked her at her apartment and threw the baby onto concrete before driving off with the child.

The question is, can they prove that McTear had the baby in a car, and actually threw it out the window? McTear's attorneys think not.

"That isn't anything that is supported in the facts or the evidence of this case.  As a matter of fact there's not a scintilla of evidence that suggests that," attorney Mike Peacock said to the judge.

According to the defense, no one saw McTear leaving the apartment, and no one saw him driving a car.

"There's no evidence that Mr. McTear even is the owner of a car, there is no testimony that he arrived at the original scene of the crime in a car, there is no evidence that exists that he was seen in a car. There's no testimony he was ever in a car that night," Peacock continued.

It may leave prosecutors with only circumstantial evidence to win a death penalty case.

Legal experts are mixed on the state's chances. Veteran defense Attorney Roger Futerman says he's seen circumstantial cases work.

"I'm sure the state is putting together a time frame with some circumstantial evidence because there are different ways to prove a case," Futerman said.

Others, like ex-prosecutor Steve Crawford, aren't so sure.

"Most jurors, particularly in first-degree murder cases, are not going to convict someone and sentence them to death on circumstantial evidence alone," Crawford said.

A lot can happen, experts say, including, facing a lack of evidence, some plea bargaining.