For Murder 1, you must prove premeditation. I am not a lawyer, but I could play one on tv, I bet.
Another good point. Judge Napolitano pointed that out this morning, along with the failure of the Judge to block admitting evidence which personally attacked her characater but failed to have nay bearing on the charges. Napolitano said that alone would have resulted in an appeal had she been guilty of anything.
All that you need to do is to stay at a Holiday Inn Express the night before!
LLS