Samera ,Dragnet and Boys Mum you all are very correct. How could it not be premeditated with the threating phone calls and all. And there never has been A link between the phone calls and Mr.Hennis.But my observation here, which basically means nothing. I think the (TC) Prosecution must feel they don't have A unanimous vote which is required in A Military Capital case. I know all civilian cases they seat 12 jurors with Alternates. But in the Military you have to have at least 12 for A Capital case and the Military doesn't have alternates. So this case they chose 14 so all 14 will have a vote.
I think I see what you're getting at. The prosecution is plugging for unpremeditated murder to get a higher chance of scoring a conviction because it requires only a majority verdict while first degree murder requires a unanimous verdict. It won't be as satisfying as conviction in the first degree but better than nothing. The prosecution tried something like this in the first trial - offering a plea bargain of life imprisonment in exchange to guilty pleas to two counts of murder (what about the third?).
Hennis would have none of it and went for all or nothing, and it looks like he is doing the same again. Anyway, I find it very hard to swallow that the evidence fits unpremeditated murder.