VIERA, Fla. -- Brevard County Court Judge Oscar Hotusing on Friday denied the defense motion for judgment of acquittal in the trial against state Rep. Bob Allen, who is accused of soliciting an undercover officer in a park restroom.

The decision means the defense can proceed with its arguments, and a jury will decide the outcome of the case, Local 6 News partner Florida Today reported.

After the decision, the defense rested its case without presenting any witnesses. Closing arguments will follow.

A judge must decide such motions under a light most favorable to the state. That is different from reasonable doubt, a standard juries must use in deciding a case.

"The state has their point of view and the defense has their point of view. That's an appropriate decision for a jury," Hotusing said.

Defense attorney Greg Eisenmenger argued the prosecution did not present evidence that proves Allen committed a crime. He is accused of agreeing to pay Titusville police Officer Daniel Kavanaugh $20 to perform a sex act.

Eisenmenger pointed to Kavanaugh's testimony that a crime had not occurred in the restroom of Space View Park. At best, Allen gave ambiguous answers to Kavanaugh's solicitation outside of the restroom, he said.

But Assistant State Attorney Pat Whitaker said Allen solicited the officer by staring at Titusville officers Leamon Jackson and Johnny Jordan and walking into the stall with Kavanaugh.

The seven-year lawmaker enticed Kavanaugh by agreeing to Kavanaugh's request for $20, Whitaker said.

The conversation outside the restroom clarified the solicitation, Whitaker said.

On Thursday, the jury visited the park where the incident allegedly took place.

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