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I say this now because I do not want anyone taking this class to expect it to be a lecture class . Merck attorney Diane Sullivan repeatedly tried to add something to the record , but Higbee instructed Sullivan several times , at increasing volume as Sullivan continued to speak , to sit down . I do n't want her being yanked back and forth out of jail , " he said.At the hearing , the judge lowered bail from Waterman from $ 150,000 to $ 50,000 , and the defense lawyer says he expects her family to post bail in the next few days.Waterman , 17 , broke down in tears as Collins announced her decision . Superior Court Judge Patricia Collins has set a hearing for Tuesday in Juneau to rule on the motion for acquittal . " If society decided they did n't want to take that risk we would have no new drugs on the market . Merck said its appeals will include claims that the judge erred by allowing testimony from unqualified experts and the undisclosed witness.The federal case may be Merck 's best shot at an early win , and the company desperately needs a victory if it does n't want to be pressured into settling cases en masse , experts said . If the weekly reading takes you longer than 10 or 11 hours to complete , it is a sign that you need to make some adjustments in your reading habits . These came with a great drum and large brass-bellied instruments ; men and women uplifted anguished voices , struggling with their God ; and Barrett himself , with upraised face and closed eyes and working brows , prayed that the sound of his voice might penetrate the ears of all unbelievers - - as it certainly did Oleron 's . The judge , who presided over the four-week trial that ended in a hung jury Feb. 14 , must evaluate the evidence " in the light most favorable " to the prosecution and determine whether a reasonable juror could convict the defendant.In asking for the not-guilty finding from the bench , defense attorney Steven Wells cited " unreliable " testimony from the prosecution 's star witness , Waterman 's ex-boyfriend , Jason Arrant , who said he killed Lauri Waterman with a friend on the defendant 's orders.Superior Court Judge Patricia Collins will rule Tuesday on whether Rachelle Waterman will be acquitted.Wells wrote that Arrant 's testimony was contradicted by other witnesses and noted jurors found his account unbelievable.He also contended that statements in which Waterman admitted knowing the murder was going to happen while she was at a volleyball tournament were likely the result of coercive interrogative techniques by police and not actual participation in the plot.The 48-year-old victim was abducted from her home Nov. 14 , 2004 , by Brian Radel , Arrant 's " blood brother " and a former lover of the defendant . Humeston described through tears how he was unable to complete a fence and an outdoor deck he had planned for his home because he no longer has the strength or stamina to build .