I agree. The prosecution has seemed off their game since this started. I thought Dugan sounded nervous and hesitant in her opening, and Georgia seems disorganized at times and over confident at others. She should NOT be making little asides, at least one has been stricken. I think they’ve tried this case twice and are overconfident.
They may be unprepared for this new theory. I think they may be flummoxed by the fact that the defense tactic is to neutralize most of their most damning evidence, like the phone calls and the money, by conceding to it. This leaves them with a limited area to focus on, and it’s not an area they focused on in the last two trials. They spent most of the time in the last two trials going over phone conversations and payments. They will probably do the same thing now, but now, the jury will be thinking the whole time “yes, but the defense has already explained that. Show us that Charlie planned it.” And what do they have to show planning on his part? The only thing they have that the defense can’t explain is Dolce Vita and what LaCasse says about Charlie, and one of those has been struck.
I also think that at this point, the state hates these people, they hate that they have to do this again, they hate that Wendi and Donna were never charged and might not be. And they are emotionally invested. And it shows.
Of course, the defense theory is completely ridiculous. Why wouldn’t he have gone to the police? Why is this the first we are hearing of it? If Charlie takes the stand, he’s toast. But he might not testify. Then it will be like Katie’s second trial, where she posited a theory in opening argument that she couldn’t back up. But, in that case, the evidence was not consistent with the theory. In this case, it is (arguably). Or at least the stuff that has been allowed in is.