Her attorney, Jose Baez claimed Caylee's grandmother Cindy forgot to pull up a ladder that prevented the toddler from climbing into the pool on her own and the toddler slipped in when no one was looking. The distraught family panicked and didn't call police, he said.
He added: "That's what she's guilty of, she's not guilty of murder. This is not a murder case."
Prosecutors were quick to dismiss the claims putting forward their own theory that the toddler died from three pieces of duct tape being placed over her mouth and nose.
Prosecutors said everything Casey Anthony did was based on a web of lies and that the evidence points to her as the killer.
Linda Drane Burdick said: "Casey Anthony ... appeared to be ... a loving mother, trying to provide support for her daughter. But as the evidence in this case will show, that was an illusion."
Anthony who faces the death penalty if convicted denies murder.
The trial continues.
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