2009.04.13 State To Seek Death Penalty For Casey Anthony #2

[Searchfortruth]

On the above link you click on Inmate Legal Status, up top and then click on "C" for Cordona

 

[cleo612]

Below is the Florida Death Penalty Statute wherein it states that the jury's recommendation is by a majority vote, and not a unanimous one as some of stated. This rule varies from state to state, and Florida requires only a majority of jurors to recommend any form of sentencing. (Sorry for the bolding of this paragraph, I can't seem to turn off the Bold option for some reason.)

The Florida Death Penalty Statute

Florida Statutes (1993)

921.141 Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence. ---

(1) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY. Upon conviction or adjudication of guilt of a defendant of a capital felony, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or life imprisonment as authorized by s. 775.082. The proceeding shall be conducted by the trial judge before the trial jury as soon as practicable. If, through impossibility or inability, the trial jury is unable to reconvene for a hearing on the issue of penalty, having determined the guilt of the accused, the trial judge may summon a special juror or jurors as provided in chapter 913 to determine the issue of the imposition of the penalty. If the trial jury has been waived, or if the defendant pleaded guilty, the sentencing proceeding shall be conducted before a jury impaneled for that purpose, unless waived by the defendant. In the proceeding, evidence may be presented as to any matter that the court deems relevant to the nature of the crime and the character of the defendant and shall include matters relating to any of the aggravating or mitigating circumstances enumerated in subsections (5) and (6). Any such evidence which the court deems to have probative value may be received, regardless of its admissibility under the exclusionary rules of evidence, provided the defendant is accorded a fair opportunity to rebut any hearsay statements. However, this subsection shall not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or the Constitution of the State of Florida. The state and the defendant or his counsel shall be permitted to present argument for or against sentence of death.
(2) ADVISORY SENTENCE BY THE JURY. After hearing all the evidence, the jury shall deliberate and render an advisory sentence to the court, based upon the following matters:
(a) Whether sufficient aggravating circumstances exist as enumerated in subsection (5);
(b) Whether sufficient mitigating circumstances exist which outweigh the aggravating circumstances found to exist; and
(c) Based on these considerations, whether the defendant should be sentenced to life imprisonment or death.
(3) FINDINGS IN SUPPORT OF SENTENCE OF DEATH. Notwithstanding the recommendation of a majority of the jury, the court, after weighing the aggravating and mitigating circumstances, shall enter a sentence of life imprisonment or death, but if the court imposes a sentence of death, it shall set forth in writing its findings upon which the sentence of death is based as to the facts:
(a) That sufficient aggravating circumstances exist as enumerated in subsection (5), and
(b) That there are insufficient mitigating circumstances to outweigh the aggravating circumstances.
In each case in which the court imposes the death sentence, the determination of the court shall be supported by specific written findings of fact based upon the circumstances in subsections (5) and (6) and upon the records of the trial and the sentencing proceedings. If the court does not make the findings requiring the death sentence, the court shall impose sentence of life imprisonment in accordance with s. 775.082.
(4) REVIEW OF JUDGMENT AND SENTENCE. The judgment of conviction and sentence of death shall be subject to automatic review by the Supreme Court of Florida within 60 days after certification by the sentencing court of the entire record, unless the time is extended for an additional period not to exceed 30 days by the Supreme Court for good cause shown. Such review by the Supreme Court shall have priority over all other cases and shall be heard in accordance with rules promulgated by the Supreme Court.
(5) AGGRAVATING CIRCUMSTANCES. Aggravating circumstances shall be limited to the following:
(a) The capital felony was committed by a person under sentence of imprisonment or placed on community control.
(b) The defendant was previously convicted of another capital felony or of a felony involving the use or threat of violence to the person.
(c) The defendant knowingly created a great risk of death to many persons.
(d) The capital felony was committed while the defendant was engaged, or was an accomplice, in the commission of, or an attempt to commit, or flight after committing or attempting to commit, any robbery, sexual battery, arson, burglary, kidnapping, or aircraft piracy or the unlawful throwing, placing, or discharging of a destructive device or bomb.
(e) The capital felony was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
(f) The capital felony was committed for pecuniary gain.
(g) The capital felony was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.
(h) The capital felony was especially heinous, atrocious, or cruel.
(i) The capital felony was a homicide and was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification.
(j) The victim of the capital felony was a law enforcement officer engaged in the performance of his official duties.
(k) The victim of the capital felony was an elected or appointed public official engaged in the performance of his official duties if the motive for the capital felony was related, in whole or in part, to the victim's official capacity.
(6) MITIGATING CIRCUMSTANCES. Mitigating circumstances shall be the following:
(a) The defendant has no significant history of prior criminal activity.
(b) The capital felony was committed while the defendant was under the influence of extreme mental or emotional disturbance.
(c) The victim was a participant in the defendant's conduct or consented to the act.
(d) The defendant was an accomplice in the capital felony committed by another person and his participation was relatively minor.
(e) The defendant acted under extreme duress or under the substantial domination of another person.
(f) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.
(g) The age of the defendant at the time of the crime.
(7) VICTIM IMPACT EVIDENCE. Once the prosecution has provided evidence of the existence of one or more aggravating circumstances as described in subsection (5), the prosecution may introduce, and subsequently argue, victim impact evidence. Such evidence shall be designed to demonstrate the victim's uniqueness as an individual human being and the resultant loss to the community's members by the victim's death. Characterizations and opinions about the crime, the defendant, and the appropriate sentence shall not be permitted as a part of victim impact evidence.
(8) APPLICABILITY. This section does not apply to a person convicted or adjudicated guilty of a capital drug trafficking felony under s. 893.135.
History: s. 237a, ch. 19554, 1939; CGL 1940 Supp. 8663(246); s. 119, ch. 70-339; s. 1, ch. 72-72; s. 9, ch. 72-724; s. 1, ch. 74-379; s. 248, ch. 77-104; s. 1, ch. 77-174; s. 1, ch. 79-353; s. 177, ch. 83-216; s. 1, ch. 87-368; s. 10, ch. 88-381; s. 3, ch. 90-112; s. 1, ch. 91-270; s. 1, ch. 92-81.
Note. Former s. 919.23.

http://home.c2i.net/sissel.norway/flori.html

 

[Bobbisangel]

I don't think that the Pros would bring back the death penalty unless they have plenty of evidence that leaves no doubt in anyone's mind. It must be forensic evidence because they have plenty of circumstancial evidence.

I really don't think a jury will give her the death penalty because she is young unless they grow to really dislike her and her behavior after hearing everything we have heard and seen. I really hope and pray the Pros plays Caylee singing "You Are My Sunshine." If that doesn't tear their hearts up nothing will. They have to be shown some video's of Caylee because that is when she will become real to them.

It's enough for me to know that Casey is going to worry and worry about getting the death penalty. It won't matter if the defense team try to assure her that she won't be found guilty or won't get the death penalty. That is going to be hanging over her head and in the back of her mind every minute of the day and night.

I don't think Casey would take a plea bargain if she was offered one. She really believes that she is going to walk out of there free as a bird. She will never admit that she is a killer.

 

[sherrymurph]

just so happy death penalty is back on ! let her think a few days before she dies. but we all know she will not die-just grow old on our money.sad but i hope that lieing witch is shaking in her shoes lol!

 

[Dear Prudence]

The death row disparity in terms of women is there in every state. The thing is, it only takes one case to set a precedent, and in Florida, there have been two. KC wouldn't be the first to be executed and really, that's all it takes. I don't believe her infamy will hold her in good stead, in the long run. Or the short run, for that matter.

I've been a death-qualified juror in Florida, and despite supporting the DP, in my trial I voted for life. I can see past my anger and disbelief and still look at things objectively. I weighed mitigating factors for a long time during deliberations.

In this case, I would vote death and do it with confidence. I believe I'm a fairly rational person and goodness knows I didn't make my decision lightly. Information is power, though, and I know more about this case than I ever knew about the man I helped sentence to LWOP.

There's so much in this case that frustrates me, angers me, or sickens me, but despite participating in the searches, speaking with the Anthonys, listening to Rev. Grund pray, and following this case very day for almost ten months, I've never stopped looking for mitigating factors or let my anger overcome my natural 'But-what-if-ness?"

I only wish I lived in Orange County. I used to live there. Moving back to Pinellas put me out of KC range and I'm sure they'll call me for jury duty again soon. With my luck it'll be another two week civil trial.

I don't believe this is the SA's attempt to get a plea. I believe we'll be hearing something big and new any day now (if it isn't the DNA-on-the-shoes rumor, in which case we already have it) and it'll sink her for good. I think Florida has the evidence and the confidence to go forward and put it on the table. Florida doesn't shy away from seeking the DP and I don't think it's a ploy. I mean, sure, they might be open to entertaining a LWOP deal, but I don't think KC will bite.

KC won't get out of prison, ever. It's just a matter of determining if she'll die because of the needle or from ODing on Cheetos.

:clap::clap::clap:
Just want to say thank you for your service as a juror. Our justice system is the best in the world because good Americans like you take the job to heart.

 

[Kimster]

I'm sure someone has mentioned this already, so I am in essence agreeing with them....the depos with GA and CA showed what little regard this family has for truth and justice. Time to go DOWN, KC! And hopefully this might scare the rest of them into telling the TRUTH for once? I doubt it, but my gosh. After seeing those depos, I felt Caylee needs justice more than ever! Guess I'm not the only one!

 

[Searchfortruth]

There have only been two women put to death in FL, Wournos (killed several men) and another woman who killed her husband and her paralyzed son. There is only one woman on death row now, the murders she committed are too bad to talk about. The others have been resentenced to Life, some w/ a 25 year minimum... I don't like this.

 

[faefrost]

I am now of the thinking that the fact that the DP being bought back to the table and complaints against JB coincide, might mean that LE are sick of the whole "JB and the 3 musketeers (the Anthonys) show" and wanted to get rid of JB off the case and deal with professionals? - surely that could backfire on them cause they may get (as put so well by someone) another "if the thong don't fit you must acquit!" hardball DA as opposed to the clown they have been dealing with thus far?

I honestly think one of the reasons the state had been keeping the DP off the table was in part to secure the A's cooperation in testimony. Regardless of what George in particular has said in public, the private actual sworn testimony from him has seemed more credible,a nd pretty damning. And it is not outside the box for the DP to be removed from the table in order to secure family cooperation in a case (Unibomber anyone?).

But CA and GA's depositions under oath last week in the civil trial may have convinced the SA that he will never ever get their cooperation, or truth from them on the stand. So there is no reason to hold back on the charges and sentancing.

Cindy's arrogance and insanity may have been the final straw to put her daughter on death row.

 

[MomofBoys]

The others have been resentenced to Life, some w/ a 25 year minimum... I don't like this.

I wouldn't worry, though. Just because she's eligible, doesn't mean it's all or nothing. In the trial where I served, we voted 9-3 for LWOP. Meaning death was an option, but the worst case scenario (from our perspective here) after a guilty verdict was LWOP.

The guilt phase and the penalty phase are two separate deals. It seems like a lot of people think KC can one day walk free if the State goes for the DP, and IMO it's the best of both worlds. It ups the ante and makes LWOP the "safe" option.

One LWOP vote doesn't negate the DP. It's a majority rule, with the judge having the ability to uphold and negate the jury vote.

 

[faefrost]

Below is the Florida Death Penalty Statute wherein it states that the jury's recommendation is by a majority vote, and not a unanimous one as some of stated. This rule varies from state to state, and Florida requires only a majority of jurors to recommend any form of sentencing. (Sorry for the bolding of this paragraph, I can't seem to turn off the Bold option for some reason.)

Cut for brevity.

Didn't the need for a unanimous jury decision on death come from either afederal or USSC case from about 10 or 15 years ago? Although I believe the need for a unanimous jury decision for the DP is something the USSC is going to re-examine soon. It is the same decision that basically made it so only a jury, and not a judge could impose the DP (which for most purposes takes the DP off the table if the defendant pleads guilty, regardless of plea deal.)

 

[Dear Prudence]

Here is some more court info on Cordona, she is awaiting a new trial...if anyone deserves the death penalty she should be at the top of the list !

http://crime.about.com/gi/dynamic/o...u=http://www.floridacapitalcases.state.fl.us/

ITA with you that she deserves the DP. From what I read on your link, she was convicted in 1992, her sentence vacated in 2002, she was released from state prison and has been held in county jail since then while awaiting a new trial. Huh? I don't know how these things work. Is that normal? Her new trial is scheduled for June 2009. Maybe I didn't read well enough because 7 years in county awaiting a new trial seems ridiculous.

 

[justthinkin]

As I recall, one or more pieces of chewing gum were collected from the scene where Caylee was found. The Anthonys are a gum chewing bunch, so I wouldn't doubt it's gum that will place KC at the scene.

 

[shgrbkr]

Either way, LWOP or DP, I believe KC will carve out a life for herself inside the fence. She'll write letters, watch TV, eat, get her GED and take college classes. If she gets LWOP, I suspect she will maintain some sort of social life inside, seeking out others to hang with who she perceives as weak and easily manipulated, ...... I wouldn't be surprised if CAGA start a website like SP parents have, proclaiming her innocence and posting a blog. Hopefully, she won't be like Susan Smith and get pregnant. Heaven forbid that CAGA get another baby to raise.
If she gets the DP, I firmly believe she will go to her grave and take the truth with her. What we will know, will be from the investigation and trial.

 

[Searchfortruth]

ITA with you that she deserves the DP. From what I read on your link, she was convicted in 1992, her sentence vacated in 2002, she was released from state prison and has been held in county jail since then while awaiting a new trial. Huh? I don't know how these things work. Is that normal? Her new trial is scheduled for June 2009. Maybe I didn't read well enough because 7 years in county awaiting a new trial seems ridiculous.

Yeah, I gathered she is in county waiting on a new trial due to a prosecution blunder. Seven years is an awfully long time ! I can not imagine that they would give her anything less than LWOP. This woman and her "girlfriend" should never see the light of day, but I just don't know after seeing some of these sentences. She should get the DP, but that is given out rarely, atleast to women, in FL.

 

[Rumpole]

just so happy death penalty is back on ! let her think a few days before she dies. but we all know she will not die-just grow old on our money.sad but i hope that lieing witch is shaking in her shoes lol!

I feel for you as citizens having to pay taxes to support an oxygen thief.

Perhaps an international fund raiser?

I'd happily donate so long as it went towards funding a miserable life for her.

Or, perhaps the state could have Pay to View Cell-Cam to offset costs?

 

[Issi]

Either way, LWOP or DP, I believe KC will carve out a life for herself inside the fence. She'll write letters, watch TV, eat, get her GED and take college classes. If she gets LWOP, I suspect she will maintain some sort of social life inside, seeking out others to hang with who she perceives as weak and easily manipulated, ...... I wouldn't be surprised if CAGA start a website like SP parents have, proclaiming her innocence and posting a blog. Hopefully, she won't be like Susan Smith and get pregnant. Heaven forbid that CAGA get another baby to raise.
If she gets the DP, I firmly believe she will go to her grave and take the truth with her. What we will know, will be from the investigation and trial.

Possibly, but imo... I see her getting the Dahmer treatment.

 

[carrie]

No buttons to quote...? I don't understand...it took me forever to be able to post here after reading these boards for a good 5 years. Now, I can't even start a thread because it won't allow me.

Anyway, who had the thought to murder the child...?

You have to have a certain amount of posts before you can start a thread. I'm thinking that's probably why. BTW - welcome.

 

[Gypsy Road]

A little O/T but I just noticed....Hercule! What is "Lobsterisimus Bummakisimus" LOL!

 

[Themis]

One of the lawyers today on HLN said he believed that the DP being put back up was in part political.The atts. said tonight, they had enough to go forward with the DP the whole time, simply because of Florida Law, and the age of the victim...that is why a few attorneys from Florida believe that this is either political, or an attempt to get a plea deal...or even maybe a combo of both.

IMHO, that's a "knee jerk" reaction to say -- like a formula speech that will stir up controversy for the news outlets to discuss -- because the lawyers on HLN are hired to make inflammatory comments to generate viewership. IMHO, they didn't give thoughtful comments about the state of the evidence on Dec 5th and how it might have changed to show more evidence of aggravating factors that might have been considered. But, that doesn't fit into a 10 second sound byte. It seems almost any "regular" on WS could have done a better job of explaining the aggravating factors and the changes in the state of the evidence. IMHO it is not "political" or to force a plea deal because the AG has to be consulted and the evidence has to support the decision. We need to learn to listen to TV "news" programs with an educated ear and a "jaded" eye.

 

[justthinkin]

LWOPP or DP, Casey will be in a private cell. No way they'd let her in general. They'd rip her to shreds.

I'm not against the DP entirely, however, it will be cheaper for taxpayers of FL in the long run if she gets LWOPP. All those pleas cost everyone money. KC would do her darndest to drag it all out at the state's expense.