A judge denied a request

The trial will continue Monday with defense arguments

by Noor Salman’s attorneys to dismiss charges against her, and the trial of the Pulse gunman’s widow resumes Monday.

The judge in Noor Salman’s trial denied her attorneys’ request to throw out the charges against her Friday.

Her defense will be back in court Monday to try to convince jurors that she did not help her husband, Pulse shooter Omar Mateen, as he prepared for the attack.

Salman and the jurors were not in court Friday — jurors have Fridays off from the case, and Salman waived her right to appear for the day’s legal arguments. She is charged with aiding and abetting Mateen’s providing material support to a foreign terror organization, the Islamic State group, and with obstructing justice.

Motions for a judgment of acquittal are common in criminal cases, put on by defense attorneys after the government rests its case to argue prosecutors did not present sufficient evidence to prove the charges.

As the hearing began, U.S. District Judge Paul Byron noted that he is required to view the evidence in a “light most favorable to the government.”

“It’s not for me to play juror at this moment or to make judgments I personally might make,” he said.

When jurors deliberate, they will be able to decide whether to find the evidence they heard from FBI investigators and other witnesses credible. But for this hearing, Byron said, he is required to presume that the evidence the government presented is true and err on the side of sending the case to the jury.

The judge and attorneys also went through jury instructions, which tell jurors what the relevant laws are and what they must consider when deliberating.

While going through standard instructions about a defendant’s right to remain silent, Byron asked defense attorney Charles Swift whether Salman plans to testify. Swift said they haven't decided yet but asked for a jury instruction used when the defendant does not take the stand. That instruction can easily be changed if Salman does decide to speak to jurors, the judge said.

Byron did not discuss an evidence issue that came up Please turn to SALMAN, B6

Thursday, though outside the courthouse a spokeswoman for Salman’s family said they would like attorneys to file another motion to release her from jail.

On Thursday, the judge said he was concerned after

an FBI agent testified that within days of the shooting, agents knew cell-tower records offered no evidence Salman and Mateen drove around Pulse the week before the shooting. He questioned why he was not given the information sooner after Salman’s arrest in January 2017. It was among the factors Byron cited in his decision to keep her in custody until the trial.

Mateen killed 49 people and injured at least 68 others when he opened fire inside Pulse before he was shot to death by police.