theprestige
Penultimate Amazing
Saying 'ask questions like' was my lazy way of expressing that's the angle I hope they pursue, by whatever lawyerly way appropriate.
Again, not a lawyer by any stretch myself, but to me the point of failure in this case was never going to the wrong apartment, it was the decision to shoot, period. Meaning if she in fact had been at her apartment as she claims to have thought, there were reasons why someone might be in there which didn't involve anything nefarious. In either the hypothetical 'correct apartment, guy fixing gas leak' situation or the one that played out in reality, it's my layman's opinion (want to emphasize that part since I can't claim any expertise here) that she should have done a far better job assessing the situation before deciding to shoot. Doing so would have allowed her to see (hypothetical) 'dude is fixing a gas leak, so don't shoot', or (reality) '****, I'm in the wrong apartment - don't shoot'.
I don't see how finding someone unexpected in (what she believes to be) her apartment changes the calculus much whether it's really her apartment or not.
Probably a better line for the prosecution would be to challenge her decision to go armed, if she really was as fatigued as she claims. If she was so tired that her judgement was impaired, why was she even wearing her gun at that point?