On August 29, defense attorney Michael Adelson also requested that Judge Katz rule that evidence was insufficient to try Sweeney on the charge of first-degree murder because no evidence of predetermination or deliberation was found. Judge Katz granted the request and instructed jurors that they were only allowed to consider charges of manslaughter or second-degree murder. Deputy District Attorney Steven Barshop later said this decision, along with Judge Katz's previous rulings barring the testimonies of Sweeney's ex-girlfriend and Dunne's mother and friends, were serious blows to the prosecution's case against Sweeney.