The prosecution had Larry Flemister (Doug’s uncle and business partner) clarify that when he stated that he approved of Doug’s actions and decisions at F&F, he meant in a general sense; not that he had overseen and approved of each individual action.

When asked why he hadn’t watched Doug’s boat construction, Larry replied, “I was building other boats.”

Next, the business’ financial record keeping practices, or lack thereof, were discussed, primarily by Spain and the witness. It was agreed that it would extremely difficult, at best, to compare records of income with expenditures.

At 11:10 am, the prosecution rested their case.

Defense attorney John Frank Gibson asked for a directed verdict of not guilty, claiming that the incomplete transactions were not planned; but rather product of unsuspected circumstances, brought on by Doug Flemister’s father’s disability, and other circumstances.

Spain retorted that since “delivery dates” were given, without any expectation of delivery, that this constitutes “theft of property.”

Judge Don Glover ruled that the state had presented a prima fascia case, and sent the jury to lunch at 11:35.

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