2009.04.13 State To Seek Death Penalty For Casey Anthony #3 POLL ADDED

[songline]

Momtective (scroll up to post 81) wrote an excellent post on what Death Row is like. IMO, it is far worse than LWOP. She included a link to a video of an actual DR cell. If Casey gets the DP she will be miserable beyond belief...more much than LWOP where she will make friends, socialize, get a girlfriend or fool around with the guards. Contrast that to DR where she will basically live a life in solitary confinement. Imagine your days staring at the walls all day, every day. Eating all your meals in your cell next to your toilet (gross). At least the people with LWOP get to enjoy recreational activities, make friends, go outside, get college degrees, etc.

I read that post and you are right DR is why C&G are going beyond that line they should be drawing.
It is a pity on these people, really it is at the end of the day "They are still the Parents" of a kid like Casey....
I am wavering agin - I reaally dont want to go on the pity train and enable them to NOT STAND FOR CAYLEE.

If only they would have been more fair to Caylee. I wish they did "Stand Up for Caylee too"
so the time for a wake up call has come, and we know they paniced and helped but it is now time to get growneded, and public apearances is not the way for them to stop the insanity, It is time to prepare to beg for LWP. As parents they need to get out of sight for a while and then BEG....
And hope she does not get DP.

 

[warbuckle]

I voted no. No matter how much the public dislikes KC I don't think the evidence is strong enough to get a conviction. No women has ever been put to death in FL for killing 1 person. The DP trial is going to cost the state of FL a lot more money....But who cares right...the media will have news and the other lawyers will get rich. I have a huge amount of respect for the FBI and LE detectives, however if none of these seasons professionals could get her to crack, and I haven't seen any direct evidence in all the text, phone calls and interviews It leads be to believe that perhaps this 23 year old liar might be telling the truth in this case. If not, then she has the best poker face I have ever seen and is not intimated by anyone.

I put myself in her shoes and even if I was innocent I would take a plea deal at this point. Those guys are scary (LE and the state).

 

[DAWN TREADER]

What's scary is someone believing they can kill another human being and not just get away with it but actually justify the killing. Unfortunately there are countless examples of this kind of sick, twisted mentality sitting on death row or serving life sentences (W and W/O parole) in prisons across America. My empathy is with the victims of crime and their family and friends.

 

[precious]

If casy were to wind up with LWOP ,the problem is that she would't be put in general population. She would be put in a segregated area with other prisoners who murdered children. She would be very comfortable being with her peers.

 

[Themis]

Most states including Florida do indeed appoint private attorneys who accept said appointment at the rates outlined in the state statutes. Those rates are much lower than going rates for private attorney's, but it is common practice. Especially in death penalty cases. The state cannot seek to execute you and then not provide adequate death penalty qualified defense attorney's and experts. Needless to say attorneys with the experience and qualifications required to defend a capital case, well the vast majority of them won't be found working full time in the public defenders office. Florida requires that indigent cases facing the death penalty have two qualified attorney's assigned. Many of the larger firms commit a certain amount of their hours/resources to the states indigent defenses each year.

Title XLVII
Criminal Procedure And Corrections Chapter 925
Miscellaneous Provisions Of Criminal Procedure View Entire Chapter [SIZE=-1]925.036 Appointed counsel; compensation; reassignment of case prohibited.-- [/SIZE]
[SIZE=-1](1) An attorney appointed pursuant to s. 925.035 or s. 27.53 shall, at the conclusion of the representation, be compensated at an hourly rate fixed by the chief judge or senior judge of the circuit in an amount not to exceed the prevailing hourly rate for similar representation rendered in the circuit; however, such compensation shall not exceed the maximum fee limits established by this section. In addition, such attorney shall be reimbursed for expenses reasonably incurred, including the costs of transcripts authorized by the court. If the attorney is representing a defendant charged with more than one offense in the same case, the attorney shall be compensated at the rate provided for the most serious offense for which she or he represented the defendant. This section does not allow stacking of the fee limits established by this section. [/SIZE]
[SIZE=-1](2) The compensation for representation shall not exceed the following: [/SIZE]
[SIZE=-1](a) For misdemeanors and juveniles represented at the trial level: $1,000. [/SIZE]
[SIZE=-1](b) For noncapital, nonlife felonies represented at the trial level: $2,500. [/SIZE]
[SIZE=-1](c) For life felonies represented at the trial level: $3,000. [/SIZE]
[SIZE=-1](d) For capital cases represented at the trial level: $3,500. [/SIZE]
[SIZE=-1](e) For representation on appeal: $2,000. [/SIZE]
[SIZE=-1](3) An attorney appointed in lieu of the public defender to represent[/SIZE]
[SIZE=-1]an indigent defendant may not reassign or subcontract the case to another attorney.[/SIZE]

[SIZE=-1]and from section 27.53[/SIZE]

[SIZE=-1](2) Any member of The Florida Bar, in good standing, may register his or her availability to the public defender of any judicial circuit for acceptance of special assignments without salary to represent indigent defendants. Such persons shall be listed and referred to as special assistant public defenders and be paid a fee and costs and expenses as provided in s. 925.036. A special assistant public defender may not reassign or subcontract a case to another attorney. [/SIZE]

We may be talking about the same thing with a public defender system having first the Public Defender, the Public Defender has contracts with other attorneys, some of whom may have private practices and then there is a "Conflict Public Defender" and then a "Conflict Conflict Public Defender." The "in lieu" language generally refers to a "Conflict" or "Conflict Conflict" Public Defender. This is necessary because of multi-defendant cases, of course, as one example. Generally, still though, the courts do not just skip over the public defender system and appoint any private bar member that a defendant wants.

 

[Themis]

Most states including Florida do indeed appoint private attorneys who accept said appointment at the rates outlined in the state statutes. Those rates are much lower than going rates for private attorney's, but it is common practice. Especially in death penalty cases. The state cannot seek to execute you and then not provide adequate death penalty qualified defense attorney's and experts. Needless to say attorneys with the experience and qualifications required to defend a capital case, well the vast majority of them won't be found working full time in the public defenders office. Florida requires that indigent cases facing the death penalty have two qualified attorney's assigned. Many of the larger firms commit a certain amount of their hours/resources to the states indigent defenses each year.

Title XLVII
Criminal Procedure And Corrections Chapter 925
Miscellaneous Provisions Of Criminal Procedure View Entire Chapter [SIZE=-1]925.036 Appointed counsel; compensation; reassignment of case prohibited.-- [/SIZE]
[SIZE=-1](1) An attorney appointed pursuant to s. 925.035 or s. 27.53 shall, at the conclusion of the representation, be compensated at an hourly rate fixed by the chief judge or senior judge of the circuit in an amount not to exceed the prevailing hourly rate for similar representation rendered in the circuit; however, such compensation shall not exceed the maximum fee limits established by this section. In addition, such attorney shall be reimbursed for expenses reasonably incurred, including the costs of transcripts authorized by the court. If the attorney is representing a defendant charged with more than one offense in the same case, the attorney shall be compensated at the rate provided for the most serious offense for which she or he represented the defendant. This section does not allow stacking of the fee limits established by this section. [/SIZE]
[SIZE=-1](2) The compensation for representation shall not exceed the following: [/SIZE]
[SIZE=-1](a) For misdemeanors and juveniles represented at the trial level: $1,000. [/SIZE]
[SIZE=-1](b) For noncapital, nonlife felonies represented at the trial level: $2,500. [/SIZE]
[SIZE=-1](c) For life felonies represented at the trial level: $3,000. [/SIZE]
[SIZE=-1](d) For capital cases represented at the trial level: $3,500. [/SIZE]
[SIZE=-1](e) For representation on appeal: $2,000. [/SIZE]
[SIZE=-1](3) An attorney appointed in lieu of the public defender to represent[/SIZE]
[SIZE=-1]an indigent defendant may not reassign or subcontract the case to another attorney.[/SIZE]

[SIZE=-1]and from section 27.53[/SIZE]

[SIZE=-1](2) Any member of The Florida Bar, in good standing, may register his or her availability to the public defender of any judicial circuit for acceptance of special assignments without salary to represent indigent defendants. Such persons shall be listed and referred to as special assistant public defenders and be paid a fee and costs and expenses as provided in s. 925.036. A special assistant public defender may not reassign or subcontract a case to another attorney. [/SIZE]

$3,500 maximum for a capital case trial!?!?!!!!!
I hear Florida has a very high population on death row!

 

[Paintr]

I read that post and you are right DR is why C&G are going beyond that line they should be drawing.
It is a pity on these people, really it is at the end of the day "They are still the Parents" of a kid like Casey....
I am wavering agin - I reaally dont want to go on the pity train and enable them to NOT STAND FOR CAYLEE.

If only they would have been more fair to Caylee. I wish they did "Stand Up for Caylee too"
so the time for a wake up call has come, and we know they paniced and helped but it is now time to get growneded, and public apearances is not the way for them to stop the insanity, It is time to prepare to beg for LWP. As parents they need to get out of sight for a while and then BEG....
And hope she does not get DP.

Bold is mine.

Songline...I understand what you are saying and I think you have a good point. Unfortunately, I can not ever see this happening with the senior Anthonys.

They may 'demand' she be declared not guilty. They may scream for everyone else to demand she be declared not guilty. They may blame everyone from the Judge through the SA, LE, KC's friends, the media and the public if she is convicted.

But in order for them to ask for a lesser sentence they have to admit (even if it is admited by inference) that she is guilty. I cannot see the Anthonys ever doing that.

 

[songline]

Bold is mine.

Songline...I understand what you are saying and I think you have a good point. Unfortunately, I can not ever see this happening with the senior Anthonys.

They may 'demand' she be declared not guilty. They may scream for everyone else to demand she be declared not guilty. They may blame everyone from the Judge through the SA, LE, KC's friends, the media and the public if she is convicted.

But in order for them to ask for a lesser sentence they have to admit (even if it is admitted by inference) that she is guilty. I cannot see the Anthony's ever doing that.

YOU ARE RIGHT :clap: And it wont happen.
And the strategy they are going with won't happen either.
They are not helping, they are just desperate.
So we'll see if she gets the DP or not. But she is not getting a slap on the wrist.
I think IF she walks out (she wont) she will end up in a pine box;
she has outraged everyone.
As for the Anthony's; if they don't stop blaming the entire world they may end up
in a mental facility too.
Then Lee can blame his entire family for his misfortune.

 

[Whisperer]

If for any reason she manages to get a lighter sentence than we expect, the judge will throw the book at her on the other charges...she's done...stick a fork in her.

 

[Devon]

If for any reason she manages to get a lighter sentence than we expect, the judge will throw the book at her on the other charges...she's done...stick a fork in her.

As far as the theft charges go, from what I can determine from reading the FL statutes, the maximum sentence per charge (by value) would be 1 year. If they were to take the total value of all the money stolen as one single charge (for sentencing purposes) then I guess it could be classed as 'grand theft', for which the maximum sentence (by value) appears to be 5 years.

812.014 Theft

(c) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is:

1. Valued at $300 or more, but less than $5,000.

2. Valued at $5,000 or more, but less than $10,000.

3. Valued at $10,000 or more, but less than $20,000.

(d) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is valued at $100 or more, but less than $300, and is taken from a dwelling as defined in s. 810.011(2) or from the unenclosed curtilage of a dwelling pursuant to s. 810.09(1).

(e) Except as provided in paragraph (d), if the property stolen is valued at $100 or more, but less than $300, the offender commits petit theft of the first degree, punishable as a misdemeanor of the first degree, as provided in s. 775.082 or s. 775.083.

775.082 Penalties

(d) For a felony of the third degree, by a term of imprisonment not exceeding 5 years.

(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:

(a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;


ETA: Uttering a forged instrument carries a maximum term of 5 years and providing false information to a law enforcement officer carries a maximum term of 1 year. If they were to find her guilty of all charges and impose the maximum sentence for each, to run consecutively, then I guess she could be looking at around 20 years.

 

[TotallyObsessed]

I voted yes...but don't know if that is the best thing due to the fact that a DP is an automatic appeal, and would drag on for years and years. KC would continue to languish in her private room, eating expensive snacks, buying beauty products and bottled water......and continue her private meetings with her BF...ummm attorney.

 

[Brattigirle]

I voted yes...but don't know if that is the best thing due to the fact that a DP is an automatic appeal, and would drag on for years and years. KC would continue to languish in her private room, eating expensive snacks, buying beauty products and bottled water......and continue her private meetings with her BF...ummm attorney.

From what Annie and Michelle have said KC wanted to be institutionalized, and now she is

 

[eddeva]

I voted yes...but don't know if that is the best thing due to the fact that a DP is an automatic appeal, and would drag on for years and years. KC would continue to languish in her private room, eating expensive snacks, buying beauty products and bottled water......and continue her private meetings with her BF...ummm attorney.

this could be true, but thanks to another poster (sorry i forget who) take a look at her room - http://www.dc.state.fl.us/oth/vtour/deathrow.html i think i can live with the DP.

 

[Juicy Georgia Peach]

Absolutely

 

[marla]

this could be true, but thanks to another poster (sorry i forget who) take a look at her room - http://www.dc.state.fl.us/oth/vtour/deathrow.html i think i can live with the DP.

I feel such comfort just knowing that Casey will be spending the rest of her life in a "container" like this one or similar ..

 

[Pink Panther]

I feel such comfort just knowing that Casey will be spending the rest of her life in a "container" like this one or similar ..

Sociopaths/Psycopaths have MUSH for brains. They are incapable of real feelings, have no sense or understanding of remorse or guilt or responsibility. They adapt readily to whatever they find in front of themselves because they have no ambitions, no sense of "future". They thrive on superficial immediate "gratification". They adapt to anything. Just take a look at Scott Peterson. According to People Magazine, he's doing just fine. I'm satisfied to know that these monsters are harbored away; unable to inflict further damage but I wouldn't be in the least bit bothered if they were simply "out of commission".

MOO

 

[songline]

Sociopaths/Psycopaths have MUSH for brains. They are incapable of real feelings, have no sense or understanding of remorse or guilt or responsibility. They adapt readily to whatever they find in front of themselves because they have no ambitions, no sense of "future". They thrive on superficial immediate "gratification". They adapt to anything. Just take a look at Scott Peterson. According to People Magazine, he's doing just fine. I'm satisfied to know that these monsters are harbored away; unable to inflict further damage but I wouldn't be in the least bit bothered if they were simply "out of commission".

MOO

I just wonder why they all gravitate to the dark side?

 

[LiveLaughLuv]

I am not a DP advocate due to innocent people being put to death but in Caylee's murder I voted YES!

There is too much evidence that points to KC and only KC...no one else is directly responsible for Caylee's murder.

I too would like her released to the population for she will be killed.

I think this is a strategic move to get KC to plead to the lesser included charge of aggravated manslaughter, or if the SA Larson gets her to confess under the promise of a life sentence she may want to take it and run...it's an early Christmas present...

 

[NSS]

I just wonder why they all gravitate to the dark side?

I don't think all sociopaths live on the dark side, although some have a propensity for violence, more have major anger control problems, but many more just bimble through life often using people and discarding friendships and relationships that no longer benefit them.

We just never hear about the non violent ones.

Some socipathic people struggle everyday with their inability to empathise or feel genuine emotion. I think they end up as suicide statistics.

Others end up as business leaders, politicians, LE and other positions of control. They walk amongst us. The art is in identifying the ones who will end up on the dark side.

 

[frenchvixen]

I don't think all sociopaths live on the dark side, although some have a propensity for violence, more have major anger control problems, but many more just bimble through life often using people and discarding friendships and relationships that no longer benefit them.

We just never hear about the non violent ones.

Some socipathic people struggle everyday with their inability to empathise or feel genuine emotion. I think they end up as suicide statistics.

Others end up as business leaders, politicians, LE and other positions of control. They walk amongst us. The art is in identifying the ones who will end up on the dark side.

That's quite scary to know that that some of them end up working in law enforcement. How does one become a sociopath? What causes them to flip like SP did? I watched the movie on Lifetime this weekend and he seemed to love Amber's daughter but didn't mind killing his own. What gives? Probably because Amber had something that he wanted.