Unfortunately for the defendant in this case, no settlement could be agreed upon, and the case went to trial. At the end of the trial, the jury could not reach a unanimous decision. A mistrial was declared, and the government announced its intention to retry the defendant. While the government and the defendant prepared for the second trial, the government sent a letter to the defendant. In a criminal prosecution, the defense does not have to establish innocence.
Defense attorneys have a variety of means to question the government's case.
They can introduce evidence that someone else might have been involved or that the evidence is consistent with the guilt of another party. The government pointed out that the anesthesiologist was not innocent, she had confessed, even though it was covered by the queen for a day agreement. So, when her lawyer referred to her innocence, the government claimed that under the queen for a day agreement it was free to offer her confession to dispute the lawyer's claim that she was innocent. The defendant was shocked to learn that if her lawyer referred to her innocence, the confession she hoped would end this torture was going to make it worse. She took a chance when she met with the government and attempted to come to a settlement.