I agree because the jury themselves are indicating that. That is one of the instructions I think they ignored or didn't understand. Ford herself spouts lines from Jose as if they were God's truth and up to the State to disprove. Jose's opening was theory, the sex abuse was theory, the drowning was theory, and the jury seems to have latched on to those at the start and argued them like they were evidence.
They also ignored the fact that punishment was not being decided at that point- only guilt or innocence was. But Ford herself has said more than once "I couldn't kill somebody without evidence" or words similar. None of the interviews I saw have the person say "Yes, but were you aware the death penalty wasn't the only option and you weren't supposed to be arguing it at that point, anyway? And besides that, if you found her guilty of murder one, you then didn't have to vote for death?" All she talks about is death penalty, which leads me to believe she didn't even consider the lesser charges. Plus, I think she lied and knew a lot about this case before it started.
If they sincerely thought there was no evidence, then fine. I don't agree and think it would have taken longer than 10 hours to review stuff, especially if it was 6-6 for manslaughter at one point, but whatever. I also find it really odd that on the second day it was still 6-6, and yet at least some showed up all dressed up and ready to leave.