I believe the circumstantial evidence in this case is very strong, even without the chloroform. JB said little to cause me to really take serious pause about the evidence presented by the state. Just a few points:
- I found the State's expert testimony to be credible
- I believe her behavior is consistent with guilt, especially, but not limited to, not reporting Caylee missing or dead, misleading (lying) to LE in regard to finding her daughter; of course the 31 days. Borrowing a shovel from the neighbor just days after Caylee was last seen alive.
- She had access to all the incriminating evidence
- She admitted herself to a smell in her car that she described as a dead animal
- hair with PMD banding was very compelling to me - even though it was one hair; I did believe the FBI analyst to be very credible.
- I found Dr. G to be credible and reasonable in her conclusions, and no matter how renowned, Dr. Spitz's testimony was not compelling for me and didn't contribute anything significant to me.
- The air testing re the chemicals of decomp was believable to me as well as the chloroform evidence (but I am putting less weight on the Chloroform evidence).
Regarding the chloroform: I don't believe that the Chloroform searches, which were IMO clearly shown to have been done by her, was an indication of premeditated murder. The level of Chloroform found to be in her trunk was clearly more than just trace and what would naturally be found in the environment. I don't think these are coincidences by any means. However, on this point specifically, without more physical evidence, I couldn't convict of 1st degree murder.
The most damning evidence to me is the duct tape and the reason I would convict of 1st degree murder. I can't explain away 3 pieces of duct tape ranging in size from 7.5 to 9.5 inches being applied to her little face.
This is a very interesting piece, see pg 13
http://www.5dca.org/Opinions/Opin2004/071204/5D03-1906.op.pdf