I don't believe for one minute it was an accident. I think the murder weapon was the duct tape and it happened exactly as Ashton described it but there are still some people here (and other blogs) who believe it was an accident (drowning, left in a hot car, etc). She panicked because she was afraid people would think she was a bad mother (particularly her mother) then put the duct tape on to hold decomp fluid or stage a kidnapping (either way, three layers is (pardon the word)) extreme overkill and a ridiculous theory anyway. I don't think the lawyers are going for an all out acquittal, just one juror to hold out for an accident and hang the jury. Jose said recently it only takes one for an acquittal (um no Jose, they'll just do it all over again). A hung jury is a win for them, they can walk away with their 15 minutes of fame and leave it up to a court appointed attorney to do the next trial.
I firmly believe this murder was premeditated even if she planned it 5 minutes ahead of time. I hope the prosecution is able to use a doll to instill in the juror's minds how long it takes to pull three pieces of duct tape from a roll, place it FIRMLY over a child's face/hair, then wait for the child to suffocate. I don't know how they can stick to the Zany the Nanny story. It is easily disproven. So what do they have left? Accident, try to discredit everything the prosecution presents (good luck with that one), or inundate the jury with useless drivel to confuse them or lose the real evidence in all the nonsense.
The defense has nothing. They can't pull a SODDI out of thin air and the imiginanny won't work either.
Personally, I hope they stick with the Nanny story. If they do, I wonder which version they'll go with...we're up to three now.
IMO