What planet are you from? This is not the law in ANY state... the question before the jury was, did DW kidnap, rape, murder that poor girl. And without question he did, even if the jury believe he had accomplices... which no evidence circumstancial or otherwise was presented at all, that does not defacto negate DW's or any other defendants culpability for their actions.
Even if DW had someone else help him kidnap, rape and kill her, he still committed the acts.. an accomplice does not negate ones actions, and just because only 1 man was charged, does not mean that he should be innocent if his partners aren't... That's ludicrous. By that circular, convoluted non-logic Timothy McVeigh could not have been found guilty had Terry Nichols not been charged..
Sorry, no technicality here, your claim is not valid in any state of the Union, or in any territory under her protection.