No, I'm not a legal eagle. I am thinking that if the Prosecution doesn't know if they are going after the "death penalty" for Westerfield, then they can't prove she died by his hand. In fact, they can't prove how she died at all. Body is cremated, for what that's worth.)
We now have a real Poker Game...golitely. Lot's of time for someone to blink.
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I agree that it'll be a heck of a poker game. Feldman is forcing the prosecution to organize their facts fast. Given the public's outrage at the parents, the speedier the trial the better for the defense to present either reasonable doubt or to introduce third party culpability.
You're right, spectre, they don't have enough evidence for the death penalty.
I wonder if their case hinges on proving he kidnapped her. I'm not sure, but if a kidnap victim dies in the course of the kidnap, accidently or otherwise, it's an automatic murder rap, so they don't have to prove how she died, only that she's dead to prove murder.
Amore, you know the answer to my ignorant question?