I thought the death penalty was just for Murder 1, maybe 2 (or whatever it is called in Texas).
If all the other things are true, none relate to murder, but shows the guy does belong in prison or a mental ward.
So, the argument should be "did he shake is daughter and did that kill the child". I cannot answer that question, but without a 100% true answer I think they should at least delay it or change it to life. You know, the whole "reasonable doubt thing". Seems many experts do have doubt, so...
If all the other things are true, none relate to murder, but shows the guy does belong in prison or a mental ward.
So, the argument should be "did he shake is daughter and did that kill the child". I cannot answer that question, but without a 100% true answer I think they should at least delay it or change it to life. You know, the whole "reasonable doubt thing". Seems many experts do have doubt, so...