Defense has been inordinately successful so far, so they are attempting to shoot the moon.
They would reduce this to a “failure to protect vulnerable person” case and have the judge wag his finger at BM, “you should have protected your wife better from all those mysterious animal and multi-state traveling partial-DNA-match dangers present in Maysville on MDW as she recovered from her cancer.” (You know, the ones that promptly reverted to their typical inactivity in the region.)
“Your honor, I’d have tried to protect her, but she just had become so BALLSY lately. I attribute it to all the drugs and alcohol I’d mentioned repeatedly to the officers from DAY ONE and that friend of hers I tried to get her to leave behind in Indiana. You know, wimmen (circles index finger repeatedly next to ear).”
They’d be done before lunch the first day of trial, BM would regain all his firearms and ammunition, his attorneys would begin their suits against all the investigators and prosecutors who had been tirelessly involved in the two-year search for SM’s remains and the pursuit of justice, everybody defense-connected would buy a new dress or suit or wig, and BM would get his veneers shined for all the press photos.