It is my sincere belief, or maybe hope, that the state has evidence that has yet to be released with regards to this case. Even with just what is public the DP comes into play due to the victim's age and the fact that she allegedly died at the hands of her mother. If it was a drug or physical abuse that led to her death - that also brings DP into play because both of those would be felonies. Also, please remember that pre-meditation can happen in an instant.
Additionally, the instructions to the jury won't include "no doubt" or "iron clad". The burden of proof is beyond a "reasonable" doubt. This means a juror can still have doubts so long as they would not affect a reasonable person's belief regarding guilt. Most people sitting on death row are convicted with circumstantial evidence, not iron clad definitive proof.
I believe the states problems/hurdles will consist of the following:
Homicidal death by undetermined means - Some people on the jury may feel sympathetic towards KC. She's young and attractive and let's face it most of the population have a hard time wrapping their head around the fact that a mother can kill her child. The state assumes Caylee was murdered due to her age at death, the duct tape and the disposal of her body. All circumstantial evidence.
Several people admit to being in the area where the remains were found, prior to them actually being found. RK and his group, DC, the guy who grew up down the street (forget his name) and the psychic with her dog (forget her name). I think the defense will play this angle for everything they can.
Deputy Cain. Was out near the remains site twice and fails to find anything.
Forensics. Missed evidence in the vehicle that was found by the defense. The defense has several experts on board to refute the state's science.
Forensics. A lot of this case will be scientific evidence and jurors may not understand it and be bored with a preponderance of it. Soil samples, bug samples, plant evidence, dirt evidence, computer logs, cell phone pings, etc.
Admissible Evidence A lot of things that are in the public eye may not make it into trial due to their highly prejudicial nature like all those partying pics, jail visit videos, etc. It will be interesting to see what is allowed in.
LE Mistakes No one is infallible, at least in this case. The defense will pick apart every mistake by LE both past and present and attempt to chip away at the case the state presents. Mayfield comes to mind off the top of my head - relatively recent case - although the charges were terrorism related he did successfully sue the FBI.
OJ Simpson Look at all the evidence they had against him....he walked.
There's probably more here, but I'm tired and have rambled long enough. Let's just hope this threat if futile and the state gets a conviction.
