"There are way too many holes in this circumstantial case ... to convict someone of first-degree murder," Renteria told a jury in his closing statement in Stewart's seven-day trial in Lancaster County Court.

Prosecutors say Stewart killed Fry, the mother of the couple's newborn daughter, in a jealous rage over an affair he believed she was having.

They say he beat her and plunged a screwdriver into her head. He then took her body to a wooded area of a Manor Township field and burned it. A rabbit hunter found her remains six months later.

Prosecutors were presenting their closing arguments at press time today.

But Renteria said they did not prove beyond a reasonable doubt -- the burden of proof set down by law -- that Stewart killed Fry.

"It's not your job to figure out exactly what happened here," Renteria said. "It's your job to determine if they proved beyond a reasonable doubt ... that he did this."

And there are many things that should raise questions in this case, Renteria said.

Prosecutors presented 50 witnesses, many of them scientific experts who testified about items such as the plants and insects found near Fry's body and the precise nature of her injuries. Renteria said that was a "smokescreen" that obscured how little evidence they really had.

"You don't need to go a whole week with fancy-dancy displays, satellite photos, anthropological bones -- c'mon -- if it's so clear he did this," he said.

Renteria also told the jury that prosecutors also presented items like photos of Fry's skull and repeated testimony about her abuse just to get them upset and emotional, so they will make Stewart pay for her death.

The case was weak in other ways, he said.

There was little to support the contention that Stewart brutally abused Fry in the days before her death before exploding in anger and killing her. Police were called to several incidents involving the couple but did not arrest Stewart or even see signs of abuse, he said. Friends did not take steps to make sure Fry stayed away from Stewart.

Yes, Stewart admitted he slapped Fry around, Renteria said. But no, he did not kill her, the lawyer said.

In fact, Stewart cooperated with police, letting officers search his apartment and car. In the apartment, police found nothing other than some wet rags.

In the car they found pieces of a latex glove, with Fry's blood on it, and a screwdriver prosecutors believe Stewart used to kill Fry. The screwdriver matched the size of a hole in Fry's skull, an expert said.

But no blood or DNA from Fry ever was found on the screwdriver. And why would Stewart readily agree to let them search his car if he knew the murder weapon was in it?

The glove was in a very odd spot in the car, stuffed behind the driver's seat, Renteria said.

"It was obviously placed by the person next to him," Renteria said. "Or someone went in there and put it in there."

It's not the defense's job to say how the glove got there, Renteria said, but added, "It's was so weird. It was so odd. Ladies and gentlemen, something is amiss."

Another problem was the witnesses who said Stewart confessed killing Fry to them. One was a drug user who admitted she "fibbed" to get out of trouble with the police and the other was her son.

The woman said Stewart accidentally killed Fry during an argument.

The case does not show intent, malice and premeditation, all elements necessary for a first-degree murder conviction, Renteria said.

And it does not even support a third-degree murder conviction, for an unintentional death, because that account came from a questionable witness, Renteria said.

Be sure of your decision, he told the jury.

"It's much better if we allow 100 guilty people to go free than if one single person is found guilty when innocent," he said.

After the prosecution's closing statement, Judge Michael Georgelis planned to give instructions to the jury. The jury then will begin deliberations.

During testimony Monday, a Columbia woman described a chance encounter she had with Stewart less than two months after a hunter found Fry's remains.

Renaldo McClair said she asked Stewart what happened to Fry.

"He hesitated for about 30 seconds before saying, 'The (expletive) got what she deserved,' " she recalled.

County Detective Joseph Geesey talked about how challenging it was to get statements from Angelica Rivera, Stewart's father's live-in girlfriend, and her son, Lemuel James. Both are key prosecution witnesses, because Stewart allegedly admitted to them that he killed Fry.

Both testified during the trial.

Rivera was arrested in Columbia in March 2005 for public drunkenness. She told police at that time she knew who killed Cortney Fry, according to testimony.

Geesey said Monday that county detectives Dennis Arnold and John Ator spent hours interviewing Rivera, but that nothing was promised to her in exchange for information. He also denied helping Rivera buy a home in Columbia.

Geesey said he became suspicious that James was not saying everything he knew during a grand jury session in May 2005 and confronted him outside the courtroom, but did not intimidate him.

Renteria called five witnesses who talked about how Fry struggled with depression, often fought with her parents, struggled in school and talked about running away.

Testimony Monday also indicated Stewart and Fry visited Musser's Market in Columbia, on the night prosecutors believe she was killed. Fry had worked there before the couple had a daughter.

Two former co-workers testified that Fry brought the baby into the store and appeared happy and showed no signs of abuse.

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