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Two things: 1) she's not charged with manslaughter, which is what would be the result of an accidental death, and the defense also isn't claiming accident. You don't duct tape a person who died accidentally.My only thoughts to this is there is no way to prove HOW Caylee died. We know it was at the hands of her mother, but what we don't know is if it was an accident due to neglect or if it was intentional. The evidence (at least from what I have seen so far) does not say if Caylee was alive or dead before the tape was placed on. IF there were bite marks on the tape or Caylee's finger prints on the outside of the tape then I could definitely see a DP case. Right now, I think she could change her story to "accidental death that spun out of control". Even with all of her lies a confession of this would satisfy a jury. Along with some remorse, which KC seems incapable of showing. If she is convicted of Manslaughter and gets 15-25 years, she would only do half of that with good behavior. If the trial takes place in 2011...that means she would have already served 3 years and would only have 4 more to serve at minimum before she is out.
In my opinion...it is imperative that prosecution keeps DP on table. That would insure her of at least getting 25 years (the max for manslaughter) or LWOP. I don't think she will get the DP unless SA does a unbelievable job of explaining how Caylee died.
2) It's not necessary to prove manner of death to obtain a 1st degree murder conviction. Nobody knows exactly how Laci Peterson died, only that Scott did it and her body turned up in the Bay where he was "fishing".