There is no evidence of a murder so you can’t convict her for murder. A babysitter would get kidnapping. A mother would not. A mother will have child evidence on her and the child will have mother evidence on her. That’s understandable.
If you go to a jury and say “We think the child might have possibly been murdered”, the defendant walks. You have to have prove there was a murder FIRST.
That’s why the defense went with the accidental drowning defense. It put doubt in the jury’s mind.
A body found in a bag in a swamp with duct tape wrapped around the head isn't evidence of murder?