Like some of you said, I think they are arguing that the OS is not really a part of the trial, and anyway they don't have to prove that she didn't murder Caylee, blah, blah, so they can change their theory mid-stream, or whenever they want?
And then, again, they are always trying to get a mistrial.
If they changed their theory, as a juror, I would not find any of the DT CIC to be credible, on that point alone. IMO