LAS VEGAS — Margaret Rudin's pro-bono defense lawyer told the trial judge Thursday that although he believed he had "won" every witness who has testified so far, the court should grant Rudin's request for a mistrial.

The lawyer, Michael Amador, told Judge Joseph Bonaventure that he is not adequately prepared to question the prosecution's remaining witnesses. Amador said he was "spent" after delivering his opening statement Feb. 23 and that he should have asked for a continuance before Rudin's murder and eavesdropping trial got under way.

"It was my fault for not asking your honor for a continuance at calendar call," Amador told the judge. "If someone needs to fall on a sword on behalf of Margaret Rudin, let it be me."

Bonaventure said he would rule on the mistrial motion at 2:30 ET Monday. But he expressed incredulity that Amador would support Rudin's request merely because she felt their side was losing. "I don't see any obvious procedural error here," the judge said. "What I'll do is, is, I'll do my best and I will try to make a decision based on the record and case law."

Prosecutor Chris Owens said the Clark County District Attorney's Office takes no position on the motion but wants to make sure that the prosecution would be able to retry Rudin for the 1994 killing of her husband, Ronald Rudin, a 64-year-old real estate mogul.

In order for that to happen, Owens said, Bonaventure would have to find that a mistrial is "manifestly necessary" to further the course of justice and that the prosecutors' office is not responsible for halting the trial after nine days of testimony.

Bonaventure praised Amador's court-appointed co-counsel, Tom Pitaro, as one of the best attorneys in Nevada. He called Pitaro's cross-examinations of the prosecution witnesses "magnificent" and did not hold Pitaro responsible for the potential declaration of a mistrial.

Amador blamed a lack of resources and time to prepare for the trial as the chief reasons for supporting Rudin's request. He indicated that if the mistrial is granted he will withdraw from the case.

"The issue here is not me or my staff," Rudin said. "The issue is Margaret Rudin's right to a fair trial."

One month before the trial began, two key employees in Amador's office resigned and the attorney set aside all other business to investigate and prepare the defense. "This is the most complex defense case in a murder trial I have ever seen," Amador said. He said the work done by himself and tow investigators, whom he has committed to pay $35,000 of his own money, will help Rudin's future lawyers.

In preparing for the case, Amador estimated that he reviewed more than 200,000 pages of documents, many of them having to do with Ron Rudin's complex real estate dealings and the trust for his $11 million estate. "I spent more time on it perhaps as I should have to the detriment of preparing for the trial witnesses," he said. "There are only 24 hours in a day."

Amador said he knew the case was in trouble early on. Though he told the jury during his opening statement that the prosecution's case was "built like a house of cards," and that he would bring it down, Amador said he slept little the night before he delivered that statement. "When I was finished I was spent," he said.

Both Bonaventure and Pitaro, Amador's co-counsel, said it must have taken great courage for Amador to get up and say what he said in open court. Bonaventure asked Pitaro if he felt that Amador's representation was ineffective, but Pitaro was reluctant to answer.

"Luckily, I am an attorney," he said. "You're a judge. You're going top have to decide that."

The jury was sent home Thursday unaware of what is happening and were told to return 4 p.m. ET Monday. If testimony resumes, the defense will be cross-examining Dona Cantrell-Robinson, the sister of Margaret Rudin. It was after Cantrell-Robinson's testimony against Rudin earlier Thursday that the defendant decided to seek a mistrial.