Here's my most objective view on why I think the verdict came down as an aquittal, which by the way, is still very hard for me to swallow. I thought the state did an excellent job, albeit with a two mistakes. Could those mistakes have cost them the case, guess we will never know but I personally think it did. I'll try to be a Monday morning quarterback. The core of the problem was the jury, I hate to say it, but your case is won or lost during voir dire. When I try to wrap my head around whether or not the state made any mistakes, this is what I come up with:
1. IMO the defence provided reasonable doubt that chloroform and/duct tape was used as the murder weapon. I think it's reasonable CA may have looked it up when she saw it on TL website. I overwhelmingly believe Calylee died at the hands of FCA, but being objective as I can, I can honesty say the DT did a good job at creating enough doubt about its use that even I, if on a jury, would be very wary of saying she definitely did use it. My critera would be pretty high in a case where I would deprive someone of their life and or freedom. I really think the state should have just focused on the death as an undetermined homicide and not tried to hammer the chloroform as much as they did. If Chloroform is the murder weapon, and there is reasonable doubt as to whether or not she made it, we have to take murder off the table if the DT can provide reasonable doubt. We never knew how Lacey Peterson died and yet there was a conviction. Now, the duct tape.... I believe the prosectuion showed beyond a reasonable doubt the duct tape was placed upon her mouth. The big questions for the jury is "when", alive or dead? In my experience, I think it's extremely difficult for a normal human being to conceive of anyone, let alone a mother, duct taping a child's face shut and suffocating them. Not that it didn't happen, but I think most people would almost force themselves to believe it was staged after death to appear as a kidnapping which fits perfectly into the Zanny kidnapping story FCA made up and implicates her knee deep into it.
So I guess what I am saying is that if you present X and Y as the murder weapon, you damn well better have a smoking gun, if we doubt the weapon, how do we buy the murder? It would have been safer to focus on the "manner" of death as a homocide and not so much on the cause of that homocide. If we buy homocide, and I think the jury did, thus all the tears and sickness they mentioned, the "cause" is irrelevant. But the critical mistake made by the state was linking the two. That's where they lost this jury.
2. The state overestimated the strength of the case because FCA's behavior was so disgusting. I am not trying to offend anyone, but seriously people, take off your philosophical hats for a moment and just look at the facts.... A baby is not reported missing for over a month and it was clear that FCA never intended to tell anyone, the mother parties and looks absolutely giddy with happiness after the death, the mother lies like a rug about an imaginary nanny, then procedes to sit in jail, in solitary confinement for three years before finally saying it was an accident.. How can you come to any other conclusion that it was a homicide????? Well, that's what the state thought too.... They relied too much on this jury being able to connect the dots. They underestimated any sort of legitimate defence. And the defence was laughable, who would belive such drivel? It was absurd. The jury didn't even buy it, they even said they thought she was guilty. WHY they came back with no lesser charges I haven't a clue. The just didn't understand the instructions.... so now we have a killer loose....