That was my thought as well. Even if they think this defence tactic would work, since it seems that they caused the head injury they can't use that to try to say that is what ultimately killed her. The pre-existing condition defence would not (or should not!) work.
MOO
I think the evidence they likely have will blow any attempt at this kind of a defense out of the water.
We have her at least ambulatory on her own in footage. We have DV placing her with him alive talking of throwing her off of his lap and his other stories. We have evidence of a cover up with the disposal of her body. We know he did not call for help or take her for help if she was sick or something else happened.
Apparently there is blood that was found and I don't doubt we have not heard the half of what they found. The forensic results were homicidal violence if I recall correctly. We know of all of the video we have seen (or stills from video) that there very likely is even more that they have which we have not seen.
We have his ludicrous story of 3 Hispanics and his lies about what happened there and how he came to be at the hospital. Where he was in between I also think they probably have discovered something about. I just don't think any defense of even a prior injury would make much difference in a murder charge--without knowing Texas law in any way, shape or form, and no expert whatsoever, just his acts are enough in many states to both charge and likely convict imo.
I am no fan of anyone involved but I think it is going to be shown that there is evidence that MD was alive after BB left. There have been several hints of that, some from Quanell. I have no idea if it was something like Facetime or what.
I also do not doubt sadly that the brother has been carefully interviewed. There is little doubt the day care has been interviewed. There is little doubt the neighbors have been interviewed. Family. Etc.
These are just some of the many things that we know so we know we can safely assume LE has far more than that. Imo.
Others may be charged with various things but I do not have much doubt that DV is going down.
We know others were involved whether before or after... We know someone helped him and dropped him at the hospital at minimum. We know he was SOMEWHERE in the time frame of more than a day that he claims he was abducted and knocked out... And so was his bio son.
We know Maleah had a severe prior injury but I do not see any defense with that being able to exclude the fact she was likely injured in the home anew by DV (blood evidence and I will bet probably more) and was thrown away like trash under DV's "care" after being seen alive, walking and following him. If anything, it could bring further charges against others, but in no way will it absolve him.
Just my take on it and my hope. I would like to see something go right on behalf of this child, just
one time.
All jmo based on a whole lot of hope and yet on many facts as well.
Forgive the long post. I hold back for days and then say what I am thinking. I hope we get some news on this case soon and at minimum a murder charge.
Here is to justice for Maleah.