If I were the prosecution I would cocentrate on a few things:
1) Brad's inconsistances as found in his deposition
I would probably focus on this too.
2) Brad and Nancy's marital state, the separation agreement
But how do you explain no contact with the attorney for a couple of months? How do you explain plans with the Hillers on the 12th?
3) Brad's controlled and controlling nature
Defense will probably point out all of the testimony showing Brad wasn't controlling including all the nights out, weekend without the kids, vacations with her family without him, vacation with another dad and no spouses.
4) Nancy's lack of trust in Brad (Hiding articles in the car, sleeping with her clothes on)
5) Nancy's calling the Real estate person about the urgency of getting out asap
6) Brad's odd behaviour on July 12, trips to store, cleaning, not actively looking for Nancy until much later
His behavior really wasn't that odd.
7) Brad's shoes disappearing
Defense will probably point out that those shoes could be seen in the HT video. No mud on the white part at the bottom. No mud being tracked in. CPD didn't have a SW for them until October. Didn't look for the ducks either
8) Nancy's shoes she always wore still at home
There is that "always" word again. She didn't wear them in the previous race she was in...those shoes are missing
9) The sports bra Brad somehow knew she had on
conflicting testimony from the detectives about this questioning. And the missing black/red shorts were never found either
10) The earrings still on her body
Proving what?
11) The search of the Fielding Dr. area on July 11 (with the matching mica on his shoes)
Defense will point out computer tampering and lack of procedure by CPD with that computer. They will point out that soil expert indicated the soil on the running shoes did not chemically match the soil at the body location site. Also, no other sites tested except the Cupper yard and Lake Lochmere
12) The router that is missing from Cisco used to spoof the call, indicating Brad had in fact used it to spoof the call at 6:40
Defense will point out that Brad said in the chat that he would exchange the 3825 with the one he had already ordered. Detective Daniels testified they had no evidence the call was spoofed.
13) The fact Brad never got Nancy money July 11 or 12
14) The fact the body did not appear to have been in any type of a struggle
Yet the prosecutions theory is there was a struggle in the foyer. Not sure why no sign of struggle makes BC look more guilty than anyone else. It's not like she would have stood there and let him do it.
15) The fact that no credible witness saw her in the daylight hours July 12
Jury will have to determine credibility. Defense showed how the timeline fit for most of the witnesses to have seen the same person
16) July 11 they were in hate mode
yet had plans to play games with the Hillers on the 12th.
17) Cell phone data
What data? The tower data? The same tower data that showed her calls on the 11th pinging off all 3 towers within minutes of each other?
18) Computer data, Brad reading NC emails without her knowledge
No evidence of murder. No evidence presented that he read anything damaging on the 11th like people thought either.
19) Brad saying he went to sleep around 9:30 but computer activity shows he accessed the computer at least 4x between 10:00 and 12:00
Some of those were on the blackjack. Very possible to be in bed doing that. Even if he was on the computer, it doesn't indicate he killed her.
20) Garage door open at 6:45 (unusual)
Actually, it matches what he told police and also what he said in the deposition. He said for the 2nd trip, he went out the garage door (hence the change of shoes) to take out the trash. So garage door was up because he went to HT.
21) All of a sudden Brad's car can fit in the garage on July 12 when it had not been able to for a few years
There was testimony that he cleaned the garage while she was gone. JA even pointed out that you still couldn't park a car in ther, but acknowledged he said he cleaned the garage. And the car could not have been parked in the garage as it was photographed on the 12th. As the detective pointed out, a couple of things would have to be moved first. I simply don't believe he moved everything, pulled the car in to load the body, then later moved a couple of items back in the way. If this was done to make it look cluttered, it would have taken less than a minute to make it look really cluttered.
22) Brad's trunk clean and the rest of the car a disaster
SBI testified it was not as clean as CPD made it out to be. They called it "soiled" I believe
23) Brad lied about why he was late for work on Friday morning, he said he helped NC with children when in fact he was in Lowes....
Being at Lowe's doesn't mean he didn't help NC with the children. He wasn't at Lowes until 9:30. It's very likely he helped NC with the kids that morning since he wasn't actually at Lowes until 9:30.
I am sure there are more but off the top of my head these are the points I would highlight if I was on the prosecution team. As they are going last these items should stick in the jury's head for a time.