I agree with all the other posters who said that there is more evidence against KC than against Scott Peterson. To this day, I still don't know exactly how he killed Laci, and that drives me crazy. IMO, it is obvious that he is the one who killed her and the baby.
In this case, I think there are several reasons why the death penalty is not currently "on the table". Perhaps one is that the state feels that it wants direct evidence (an eyewitness to the actual murder) before it seeks to jump through all the many hoops required for it to get a capital conviction. I don't know that the state feels that way; I am just surmising.
But there is another reason why the state may be leaving the death penalty "off the table". I read Florida Rule of Criminal Procedure 3.112. It sets out the standards for attorney representation in capital cases. It says that in Florida, an attorney (whether retained, or appointed, or from the Public Defender's office) is to have 5 or more years of active criminal trial practice in order to be lead counsel on a capital case, and 3 or more years of same in order to be co-counsel on a capital case.
I keep hearing that JB has been practicing for less than 5 years. Anyone know exactly how long he's been a licensed attorney? If he is under 5 years--and I think he is--the state knows that he might become disqualified to represent KC in this case if it is a capital case. And, frankly, I think the state wants JB to be their opponent in this. So I think the state wants to keep this murder case at a level in which JB will stay on it and not be removed due to lack of years of experience.