cecybeans
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- Oct 28, 2008
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To help us consolidate and review...
As we all know, the SA has put the DP back on the table. It was originally a listed option of course, when KC was indicted for Murder One last October, but taken off a month or so later after T Lenamon put together his thirty-some page argument/mercy plea indicating this was likely an accidental death based on a drug overdose of some kind and hinted at PPD issues or some other mitigating mental imbalance that might make LWOP or felony manslaughter more appropriate for this case.
After Caylee’s body was found, an additional search warrant was executed, and other evidence then seized sent to the lab, the results of some of which we have been able to see in doc dumps, others we have not.. After the autopsy, the ME ruled Caylee’s death a homicide on Dec 19, despite the fact there was no clear COD.
Since then, of course, DP has been re-entered in the charges, although some time did elapse before it was brought back (perhaps to allow the Anthony family to have their memorial a couple of months later).
Quite a few legal eagles have speculated that, without a clear COD (and the possibility that accidental death cannot be overruled despite all the “ugly” behavior or that the duct tape could be post-mortem or the chloroform could be cleaning fluid) the only reason the DP was put back into place was that death penalty juries tend to be more conservative. Even though the voir dire process is more time-consuming and the trial itself more expensive, it has been used recently as a strategy to elevate what might be a felony manslaughter to at least Murder One LWOP if there just isn’t enough evidence to decide between accidental and premeditated death. Conversely, others have assumed that if the DP was back on the table, JB would simply have to fold his circus tent and recuse himself for being underqualified. Now that AL is on the scene, that may be moot.
Since we have just seen the autopsy results, many of us have changed some of our thinking on various elements of the case.
Leaving either of the above theories aside, I thought it would be interesting to combine what we now know about old evidence with other recent evidence we have seen – or thoughts on what might still not be released – and see if we could speculate on what type of “smoking gun” or “magic bullet” (please pardon the inappropriate analogy and feel free to send me a reasonable subsititute) we could come up with that would make this DP now a slam-dunk for the State of Florida. I’m hoping we can stick to guesses based on specific potential physical items or forensic evidence if possible, and avoid subjective interpretations, or ones that could be easily shot down by some defense attorney explanation (reasonable or not).
I’m hoping if we can hammer out what may be waiting for us that is either not yet released or what is already released but incontrovertible, we will all feel more confident that Caylee will eventually get the justice she deserves.
As we all know, the SA has put the DP back on the table. It was originally a listed option of course, when KC was indicted for Murder One last October, but taken off a month or so later after T Lenamon put together his thirty-some page argument/mercy plea indicating this was likely an accidental death based on a drug overdose of some kind and hinted at PPD issues or some other mitigating mental imbalance that might make LWOP or felony manslaughter more appropriate for this case.
After Caylee’s body was found, an additional search warrant was executed, and other evidence then seized sent to the lab, the results of some of which we have been able to see in doc dumps, others we have not.. After the autopsy, the ME ruled Caylee’s death a homicide on Dec 19, despite the fact there was no clear COD.
Since then, of course, DP has been re-entered in the charges, although some time did elapse before it was brought back (perhaps to allow the Anthony family to have their memorial a couple of months later).
Quite a few legal eagles have speculated that, without a clear COD (and the possibility that accidental death cannot be overruled despite all the “ugly” behavior or that the duct tape could be post-mortem or the chloroform could be cleaning fluid) the only reason the DP was put back into place was that death penalty juries tend to be more conservative. Even though the voir dire process is more time-consuming and the trial itself more expensive, it has been used recently as a strategy to elevate what might be a felony manslaughter to at least Murder One LWOP if there just isn’t enough evidence to decide between accidental and premeditated death. Conversely, others have assumed that if the DP was back on the table, JB would simply have to fold his circus tent and recuse himself for being underqualified. Now that AL is on the scene, that may be moot.
Since we have just seen the autopsy results, many of us have changed some of our thinking on various elements of the case.
Leaving either of the above theories aside, I thought it would be interesting to combine what we now know about old evidence with other recent evidence we have seen – or thoughts on what might still not be released – and see if we could speculate on what type of “smoking gun” or “magic bullet” (please pardon the inappropriate analogy and feel free to send me a reasonable subsititute) we could come up with that would make this DP now a slam-dunk for the State of Florida. I’m hoping we can stick to guesses based on specific potential physical items or forensic evidence if possible, and avoid subjective interpretations, or ones that could be easily shot down by some defense attorney explanation (reasonable or not).
I’m hoping if we can hammer out what may be waiting for us that is either not yet released or what is already released but incontrovertible, we will all feel more confident that Caylee will eventually get the justice she deserves.