The 30 page memorandum that is being discussed is not that big of an issue or indicative of anything one way or the other. Let me explain . . .
The prosecution has to decide if the State will seek the death penalty. This decision has not been made yet but must be made prior to trial on the merits.
The defense has submitted a memo outling its argument against a capital trial. Since we haven't heard that the State intends to seek the DP, I would rule out that this is a Memorandum in Opposition to a Sate motion. However, this was pre-trial hearing, which is the time for pre-trial motions on issues such as defenses. This is likely a memorandum of law and evidence on the issues in dispute. (If there were no issues in dispute, there would be no need for a trial). I don't know why NG made such a huge deal of this tonight.
The first defense of course would be that Caylee is alive. (At trial, experts will disagree on the scientific evidence and defense experts may be able to convince jurors that the test results do not conclusively prove that Caylee is deceased.)
Another defense could be an alternative defense such as "even if the science is not disputed, and without conceding the defense of Caylee being alive, the State can not prove that Caylee was murdered."
The defense argument will be that there is nothing in the State's case to prove murder as opposed to other scenarios such as an accidental death. (No matter how negligent the act of KC).
As an example, a child is overdosed on benedryl. Two scenarios exist: the child got into the medicine cabinet or someone gave the child too much, whether by accident or intent. Intent would of course make it murder, but it is only 1 of 3 scenarios and the other 2 are also believable. The defense argues that even if the State can prove death by ingestion of a toxin, it still can not prove intent. So, without intent, there is no "murder" at all and the DP is illegal. This is normal stuff.
The defense is not conceding death much less murder.
I haven't read the memo so I can't be 100% sure, but I am guessing it is what I described above.