SAN DIEGO -- Prosecutors in the Richard Tuite case said the fact that he escaped custody speaks to his guilt, 10News reported. Tuite, who is accused of murdering 12-year-old Stephanie Crowe in 1998, escaped from the courthouse Monday.

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The pre-trial motions were supposed to have been heard Monday afternoon. But then Tuite escaped.

Prosecutors filed motions Wednesday asking the judge to allow the jury to consider evidence of Tuite's escape. They said even though he is a diagnosed schizophrenic, he has the ability to concoct a plan.

Gretchen von Helm, a defense expert, said, "It's an instruction from the judge to jury which is very powerful because the judge is telling them, 'Look jurors, you may consider the fact that Mr. Tuite fled from prosecution as evidence of a guilty mind, that he knew he had done this crime.'"

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Von Helm said while the prosecution wants to tell the jury about the escape, it also wants to limit what the jury hears about Michael Crowe, Stephanie's brother. Originally, Michael Crowe and his two friend were arrested and charged with stabbing Stephanie to death.

The defense plans to tell jurors about Michael's role playing, a "hit list" he had and his writings about a boy who killed his sister -- things the prosecution doesn't want the jury to hear.

"So, I believe Judge Link will say, 'This is in fairness.' So the jury can decide, 'Did Mr. Tuite commit this crime? Or did somebody else commit this crime?" von Helm said.

In the meantime, the sheriff's department confirmed to 10News Wednesday that a citizen alerted deputies that Tuite walked out of the courthouse.

Hours after police arrested Tuite, 10News interviewed "Martin" -- a man who does not want his last name revealed. Martin said he told weapons screeners, who are sheriff's deputies, that he saw Tuite walk out of the courthouse.

"They kind of laughed at me, like I was an idiot or whatever. One of these guys told me, 'Why don't you just give me your cane. He's in custody. Why don't you give me your cane and I'll go run after him,'" Martin said.

The sheriff's department confirmed Wednesday that they have talked to Martin. Not only did his story check out, but they have video surveillance of him speaking with the screeners.

The surveillance tape of Tuite leaving the courthouse and Martin speaking to the deputies unavailable at this time. Right now, it is considered part of the evidence.

Jurors are due back in court Friday at 9:30 a.m.