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I'm not so sure about that. The GSC did talk about how killing his wife made more sense to achieve his goals of have sex with as many women as possible than killing his child. JMO.If RH had killed his wife there would not have been even a question about limiting the amount of cheating and sexting evidence.
I really hope they retry him but I don't think he would go on the stand. He would have to explain why he lied by omission about vising the car at lunch and why he told LE that he wasn't the primary person to take Cooper to daycare, among other things.