All the defense has to do is to create in one juror reasonable doubt (of premeditation) as to her guilt on murder 1 to save her from the possibility of a death sentence; that juror could force the other jurors to agree to conviction on a lesser, non-death-sentence-eligible, offense as a tradeoff in order to avoid a mistrial. I think that the drowning / sexual abuse scenario, as 'out there' as it may sound (and it sounds very 'out there' to me), may be enough of a twist and total disconnect from the prosecution's theory to possibly do that.
Baez all along said 'stay tuned' for a bombshell that we would not hear about until the trial, and boy did he at least deliver on that.
And who knows - since we have not heard the testimony, it is always possible that the jury could believe it (that is, that the death was an accidental drowning, followed by extremely poor judgment and a poorly conceived coverup that snowballed to tragic consequences), and acquit - at least on murder charges. (And it is also possible that it is the truth - personally I seriously doubt it, but who knows until we hear the whole story?)
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Freeda Louthan
Lexington KY 1951-1972, Louisville KY 1972-2007
The Villages FL since 2007 - Home for good, at last
Measure your wealth not by the things that you have, but by the things you have for which you wouldn't take money.
The world needs dreamers; the world needs 'do'-ers. But most of all, the world needs dreamers who are do-ers.
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