In episode 5, we talked about the prosecution's case, the evidence that they had against Mr. Nicholas.

We talked about their theory that he had wanted to relieve himself of an unwanted financial obligation.

They presented the theory that he took his daughter to the mall, bought a ticket for a children's

movie, took a picture in a photo booth, all part of a devious cover-up.

The state's position was that before the movie started at 8 p.m.

He took her back out to the car and put her in the front seat.

Then he retrieved a gun and used his non-dominant hand to shoot his two-year-old daughter through the left eye.

He must have been really flexible because she slumped against the center console of the car, the place where the receptacle of the seatbelt

unfastened and poked out. Then, according to the state, he left his baby girl alone and

bleeding in the car. The sunset on that night wasn't until

almost 8.30 p.m. It would have still been light out for 30 minutes after the

movie started. Yet no one noticed a little girl lying alone in a car.

Let's talk about the case for the defense.

I'm Brooke and this is episode 6 of Convicted.

Richard's trial began with jury selection on June 6.

It wasn't until June 18th, 12 days later, that the prosecution rested.

Judge Hubbard had mistakenly penciled in a week for the trial, but it was obviously going

to take longer than that. The judge had a vacation plan for the week of June 23rd.

If she was going to make it, the defense would have only had two and a half days to present their side

after the prosecution had been given more than a week.

Judge Hubbard wanted to ask the members of the court and the jurors to put in longer days.

But it was none other than Christina Gutierrez who fiercely fiercely objected because whatever faults people might attribute to her

...