Morrow's public defender, Izzy Robertson, asked District Judge Steve Verby to acquit Morrow due to a lack of evidence. Robertson argued the Bonner County Sheriff's deputy who arrested him never actually saw Morrow behind the wheel and merely inferred he was driving.

Robertson, according to court documents, said it was the state's burden to prove Morrow was driving. But Robertson contends the burden was effectively and unfairly shifted to the defense to prove Morrow was not driving.

But Verby rejected the defense request during a hearing on Friday. Verby said he could not presume the jury did not follow its instructions. He added that two versions of the case were presented at trial and the jury rejected the defense's version.

The jury convicted Morrow, 20, of felony DUI in August. At trial, friends of Morrow took the stand to say he was not driving. Deputy Prosecutor Roger Hanlon alleges Clifford Daniel Phelps and Wayd Dayved York took the stand and lied on behalf of Morrow, prompting him to file perjury charges against them.

Phelps, 21, and York, 19, are scheduled to be arraigned on the perjury charges on Nov. 11.

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