You are missing the point of going with the lesser charge. It requires more proof. Something the Prosecution's case lacks. So far it is all EMOTION because of a dead little girl and that is all DUSEK HAS to capitalize on. If he has to prove HOW/WHEN/WHERE, his case is sunk. PROOF I am right? Watch how hard DUSEK fights to NOT LOWER THE CHARGE.
Yes it would make Duseks job much harder.