Unfortunately for the defense, their original theory of the crime rests almost solely on the testimony of the defendant who has a storied history of lies. Defense will insist Arias told the truth about the abuse, that she truly had reason to fear for her life, and that there was no premeditation involved. In a last-ditch, desperate move, the defense has asked the jury be instructed to consider a manslaughter (heat of passion) charge. We'll soon see if that motion was granted by Judge Sherry K. Stephens. My prediction is that it was not as there was no evidence presented to justify such a charge.
The prosecution has the seminal advantage in this case: Arias confessed to the killing. During trial, emphasis was placed on the long trail of evidence showing premeditation laid by Arias during the days leading up to the killing. The obstacle will be to refocus the jury on that evidence.
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