For the past three years, John Snavely -- who worked under the name Josh Logan while making gay porn -- has been in a Florida prison awaiting trial for the murder of marketing exec Sam Del Brocco. In a surprise move, a judge threw out the case against Snavely on Thursday for lack of evidence.

 

 

But the case against Snavely was far from perfect. His defense lawyer pointed out that the DNA of a hair on the murder weapon did not match his client's. There was also a partly smoked marijuana joint at the scene of the crime; a DNA test did not link it to Snavely. Bloody shoe prints at the apartment were of an unknown person. And there were DNA and fingerprints in Del Brocco's car that did not match the former porn model's.

 

Defense lawyer H. Dohn Williams filed a motion to dismiss the case, arguing that in Florida circumstantial evidence cases “cannot be sustained unless the evidence is inconsistent with any reasonable hypothesis of innocence.” Oddly, prosecutors did not submit a written response to the court.

 

Broward Circuit Court Judge Ilona M. Holmes revealed she was “mindful that a sworn motion to dismiss should rarely be granted and granted only when the facts and inferences…do not establish a prima facie [“on its face"] case.”

 

She concluded: “This evidence is not enough."