We are pinging our expert to post #263 to answer a question. Thank you.
I’m not really an expert in that I am an appellate lawyer not a trial lawyer, but I do think that you can only argue that which has been put into evidence. No one testified to the defense theory of molestation/drowning etc., there is no documentary evidence to establish it, so I don’t think Defense can argue that theory in his closing. BUT all he has to do is find one juror with a reasonable doubt, he doesn’t have to prove his theory of the case to prevail. Look for the closing to focus in on any holes in the prosecution case. Well, that’s what a competent defense atty would do, have heard much of the incompetence of the defense here.