As defense attorney Abe Pafford argued at the hearing, the only evidence the prosecution offered suggesting Maye should have known the men outside his home were police was the officers' testimony that they repeatedly announced themselves, and one officers' testimony that he saw someone peer out the window shortly after they arrived. The latter testimony is suspect given that it doesn't jibe with the same officer's testimony given shortly after the raid, and that he actually changed his testimony on the stand at trial, at the prodding of DA Buddy McDonald. Even then, that officer -- Stephen Jones -- ultimately conceded on cross-examination that he didn't see anyone peer out. So it's disingenuous for the prosecution to cite Jones' original testimony without pointing out that he eventually changed it in a way quite favorable to Maye. As for the announcement, the defense correctly noted that the only officer to testify at trial who was actually inside the duplex when the raid took place -- officer Darryl Graves, who was in Smith's half of the duplex -- said on the stand that he couldn't hear any announcement.