"Speculation": The forming of a theory or conjecture without firm evidence.
(Note: circumstantial evidence is "firm evidence", according to the Colorado jury instructions - equal in significance to direct evidence.
"D:01 DIRECT AND CIRCUMSTANTIAL EVIDENCE—NO DISTINCTION
A fact may be proven by either direct or circumstantial evidence. Under the law, both are acceptable ways to prove something. Neither is necessarily more reliable than the other.")
"Inference": A conclusion reached on the basis of evidence and reasoning.
I leave it to others to evaluate who is speculating and who is drawing inferences among the various posters. The jury will be instructed that their job is to draw inferences from evidence - as to both the claims of the prosecution
and the claims of the defense, if any are offered.
IMO, none of the potential exclusions of evidence affect the core case against BM. Prosecutors filed the Murder 1 charge knowing that some evidence in the AA would not be admitted in evidence. They will proceed to trial with what they have, which will be what they expected to have, and I am confident it will be enough.
The sanctions requested by the defense cannot be taken seriously. Most of the claimed violations are based on speculation not evidence. Prosecutors will either find what the judge ordered them to disclose - among the items already turned over - or explain why they are missing from the investigative record. Sanctions, if any, will not have any significant effect on the ultimate outcome IMO.