No, there is a last minute change in how the jury must decide the case. The Prosecution had wanted the instructions to allow the jury to see the oral, vaginal, anal rape as all part of the same rape. But the Judge has ruled that the jury must specify which rape (oral, vaginal, or anal) that they find Davidson commited in order to aggravate the killing to a capital offense. It causes the jury to go through extra hoops. This is not the law in all states, not even really convinced its the law in Tennessee, but the judge is being careful. So in response, the State has chosen to rely on the oral and vaginal rapes of Channon and the anal rape of Chris. Easier to prove. Also makes the defense argument about the contaminated sample/seepage issue on the anal sampe irrelevant.