While McDaniel doesn’t claim to know the cause of the fire, he said he doesn’t think it’s related to arson.
“We just don’t think [the prosecution] is over the hump on proving an arson” he said. “If there is no arson, there is no murder.”
He added that Weisheit lacks the motive to burn down his own home.
In regard to the flares found on and near Caleb Lynch, McDaniel said it is the defense’s position that the child was playing with the flares when the fire broke out in the home.
He said Weisheit had brought the flares into the home earlier in the day as he was preparing to use them for a job doing railroad work.
The trial was scheduled to continue today at 9 a.m. in Judge Daniel Moore’s Circuit Court No. 1 and is planned to adjourn for the day at noon.