Yeah, maybe. That moment’s hesitation means more, legally speaking, than most people realize. We studied a case in law school where a brief moment’s hesitation before a kill shot is literally what the jury took to be proof of premeditation. It doesn’t take much.
Also, minor correction, he wasn’t a federal judge. He was a district court judge for Kentucky. He was appointed to that position by former governor Steve Beshear, the current governor’s father.
