Theory 3: Defense theory (Gowdey notes, no evidence). Rafferty not knowledgeable of kidnapping, murder plans. McClintic kills Tori.
The difference between 1&2 and 3, is NO evidence supports 3. Either 1 or 2 makes Rafferty guilty of murder.
RaffertyLFP: Gowdey says jury did not have to certain who did the killing but the evidence shows that either way Rafferty is guilty
In Gowdey's submission, no matter what you think of McClintic, she didn't do it alone.