Jurors will have Michelle Lodzinski, charged with her son's murder, fate in their hands this afternoon.
NEW BRUNSWICK -- Michelle Lodzinski's fate is now in the hands of a jury.
Jurors will decide whether the 48-year-old former New Jersey woman killed her 5-year-old son on May 25, 1991 or whether he was abducted from a carnival in Sayreville as she told police.
Superior Court Judge Dennis Nieves instructed the jurors Thursday morning on the law for murder, and the lesser included offenses of aggravated manslaughter and manslaughter.
Should Lodzinski be convicted? The defense and prosecution summed up their arguments yesterday. Here's the reasons for both.
Why prosecutors say she should be convicted:
* She gave police at least four different versions of how he disappeared, within three weeks of reporting him missing. Why would a parent lead police astray, lying to them, prosecutors say?
* She showed no emotion about her son's disappearance, either in reporting him missing or in the hours and days after he was gone.
* No one saw him at the carnival. One witness was in back of Michelle at the concession stand and testified she had no child with her and was flirting with the guy behind the counter.
* Three witnesses, including his cousin, identified a blanket found by his remains in Raritan Center, as coming from Michelle's apartment and used by Timmy.
* She was struggling, both financially and emotionally, holding down more than 20 jobs in a few years. She was struggling to keep herself and her son afloat and was working 2 jobs.
* When she gave police a list of places she worked, she left off Florida Fulfillment at Raritan Center, the place located about a quarter of a mile from where Timmy's remains were found.
Why the defense says she should be acquitted:
*There is no direct evidence linking her to the disappearance or death of her son.
* She gave the different statements because she was afraid the police would think she was a bad mother. She was also afraid to tell the police about people she claimed abducted Timmy for fear they would kill him.
* She loved her son and would never hurt him.
* The blanket has no connection to Timothy Wiltsey or Michelle Lodzinski.
* An Arizona ex-con testified that his former cellmate told him that he killed a young boy at an event in New Jersey in 1991, strangling him after he kidnapped him from his parents. Although the inmate who is accused of making the admission testified that he was never in New Jersey, the story was likely expected to add an element of doubt about how Timothy died.
* The FBI and law enforcement agencies bungled the search for Timmy's remains at Raritan Center in 1992.
Sue Epstein may be reached at sepstein@njadvancemedia.com. Follow her on Twitter @susan_epstein. Find NJ.com on Facebook.