2009.04.13 State To Seek Death Penalty For Casey Anthony

[Cat13067]

:HappyBday artyguy:

Happy Birthday!

 

[gardenhart]

Well, pardon me, but there was a new law passed that states that only a jury can recommend death. That is a national law, and I believe it was passed in 2006.

Correction, that law was passed in 2002.

http://archives.cnn.com/2002/LAW/06/24/scotus.executions/index.html

You're misreading this. Every state decides for itself whether to have the death penalty or not and whether the jury or the judge makes the final decision on the sentence.

From the story you posted above.

"Those states that leave the ultimate life-or-death decision to the judge may continue to do so -- by requiring a prior jury finding of an aggravating factor in the sentencing phase or, more simply, by placing the aggravating factor determination (where it logically belongs anyway) in the guilt phase," Scalia said.

 

[trixi491]

As for this particular case, I am scared that this is going to cause KC to walk because it could be harder for a juror to convict knowing it is a DP case. If one juror decides they do not think she deserves the death penalty and cannot convict her because it is the only choice it will be a darn shame.

Wouldn't the DP option only be after the sentencing? Meaning they could convict her but then choose not to impose the death penalty on her. If I'm right, it's not like a guilty verdict would equal automatic DP. Also, only one juror believing she's not guilty would result in a mistrial and if this is a DP case I believe the SA would want to retry it (I believe they would be willing to retry it even if 3 people felt she was NG). I believe the 2nd trial would work to their advantage b/c they will know they defense's strategy. I don't think she's walking IMO.

 

[ks1]

Haven't read through the thread yet, just couldn't resist posting though I'm sure you all have beat me to it: aggravating circumstances = GA and CA
Change of heart seems an odd way to describe the decision to seek the death penalty in an article. I struggle with my feelings on the death penalty but when it comes to this case, I would wrap the duct tape, hook up the electrodes, pull the trigger, insert the needle, and/or turn on the gas myself and not feel one bit "frushtrated" even if there were a few "mistruths" in the evidence.

 

[jmfstl]

I think you should read my post again because that is exactly what I said. One thing though, if a jury opts for life over death, no judge can at that point, hand down a death sentence. That sentence can ONLY be handed down if all 12 jurors vote for death. That doesn't mean a judge has to impose death, but as I said upthread, there are not many judges who will go against the jury's recommendation. It sure happened in, "The Nanny" case though. I"m sure there are a few other examples out there as well.

Absolutely NancyT and thank you for clarifying for me

 

[Salem]

I have been just sitting back and waiting for this....HLN is reporting that it may have something to do with the duct tape evidence.
Step in the right direction IMO to maybe get this case to plead out and stop the crazy train dead in it's tracks.

Looks like a good day for justice....GUILTY VERDICT in the Spector trial and the death penalty being put back in the mix for Casey. :dance:

Well said! This is exactly what I was thinking. KC just doesn't seem to understand the seriousness of the charges against her nor the seriousness of HER ACTIONS. Maybe this will help to hammer it home.

I'm glad the option is back on the table. Not sure what I think about getting to the point where the jury is actually considering it, though!

Salem

 

[Cat13067]

Spector-Found guilty of murder....one down one to go. Bring it on LKB your a loser!

 

[jon_burrows]

Well said! This is exactly what I was thinking. KC just doesn't seem to understand the seriousness of the charges against her nor the seriousness of HER ACTIONS. Maybe this will help to hammer it home.

I'm glad the option is back on the table. Not sure what I think about getting to the point where the jury is actually considering it, though!

Salem

I think she understands completely. She's just too arrogant to think a jury will convict her.

 

[Searchfortruth]

I wonder how bruised JB's ego will be as he has to step aside for a DP qualified attorney ? I got the feeling that JB didn't take to the other lawyers letter about Casey accidentally overdosing Caylee, just my opinion. JB seems to want to argue the defense that she didn't do it, accident or otherwise...I am anxious to see Jose on second string !

 

[Cherry Baby]

HLN is reporting that it may have something to do with the duct tape evidence.

If that's true...I almost don't want to know. I am wondering what the A's response to this is though.

 

[jon_burrows]

Spector-Found guilty of murder....one down one to go. Bring it on LKB your a loser!

Unfortunately LKB wasn't on the case for the guilty verdict. She's still a loser though...not sure how she sleeps at night.

 

[MAMABEAR]

Regarding whether Cindy, George and Lee's antics and attitudes have influenced the SA's decision to seek the DP against Casey, I do not know.

But I do know that you cannot keep showing your @ss to a bull and not expect to get a horn up it.

:highfive:

:cow::floorlaugh::floorlaugh::floorlaugh::floorlaugh::floorlaugh:

 

[NancyT]

BTW, I'm not real happy to hear that they'll be seeking death. I do favor the DP and personally would support it ANYTIME that premeditation could be established, but I don't think it's right that it's not equally applied. Man is too fallible and I don't like this decision being left in 1 or 2 people's hands, either. If we're going to have a death penalty, it should be equally applied and sought for EVERY case where the special circumstances come into play.

I also don't like the cost involved with housing, feeding, medicating, then the appeals process, etc.. associated with death penalty cases. It's cheaper just to house them, and we're not talking a few bucks difference here and there. We're talking 100's of thousands per death row inmate MORE than those kept in the regular population.

Initially, I did want the state to seek death for Casey for no other reason than a hope (though it too would have been a long shot), of Casey MAYBE leading investigators to Caylee's remains, and saving the good taxpayers of Florida MILLIONS to try her.

Now though, just house the _____ (fill in the blank as you see fit) for LIFE, and let the world forget she exists. 10 years down the road when she's weighing in at 160-170 pounds would be complete torture for someone like her.

 

[wandering]

I have been just sitting back and waiting for this....HLN is reporting that it may have something to do with the duct tape evidence.
Step in the right direction IMO to maybe get this case to plead out and stop the crazy train dead in it's tracks.

Looks like a good day for justice....GUILTY VERDICT in the Spector trial and the death penalty being put back in the mix for Casey. :dance:

Thank you, yes, a very good day for justice.

 

[JustJax]

If that's true...I almost don't want to know. I am wondering what the A's response to this is though.

I want to know, and I want the whole world to know the TRUTH about what she did to her beautiful daughter. That way we don't have to hear GA and CA for the rest of their living years spinning their own versions of what happened to precious Caylee!

 

[gardenhart]

This is interesting. Do you mind sharing the state you live in? I'd be curious to look it up. TIA if you decide to share.

I don't know what in the heck I was trying to say. LOL The jury has to make a unanimous decision on their recommendation. What I'm saying is that the judge makes the final decision. He or she can completely ignore the recommendation of the jury if he or she wants. If the jury is hung on sentencing, it's a hung jury and the case would have to be retried, but I can't conceive of a jury being willing to do that after making a decision after a lengthy capital trial on guilt or innocence. Or a judge not sending the jury back until they reach a decision. If 11 members were ready to impose the death penalty, I doubt if one juror would convince the other 11 to change their decision.

I know it's not impossible but I think by the time each member of a capital crime jury has made the decision that crime was committed, they've already made a big step toward what their final decision will be in sentencing.

Sorry, forgot to add I'm in Virginia.

 

[McSev]

Just throwing this out there.....could this decision NOT be due to any new additional evidence, could it be due to the despicable depositions that were taken last week by GA and CA?? I thought the DP was being spared in part due to the fact that the family didn't support it? Could the SA have finally had enough with the Anthonys, and disregarded their feelings about the DP??

I don't believe that the family's views on the death penalty has anything to do with it - however I do believe the questions asked in the recent depositions had to make the State Attorney's office question what the family would say in their testimonies. If they're that inconsistent in a civil deposition, what can anybody think they'd say (or not say) in Casey's proceedings? The grandparents practically argued with what was read to them by John Morgan & Co from the actual transcripts of what they told the OCSO when interviewed by them. If I'm looking at that as a prosecutor or an investigator, I'm wondering if Rod Serling's ghost is laughing his posterior off over my shoulder.

Normally, Mondays don't end nearly so well for me. I read this and thought:

"AB-so-LUTELY."

 

[wandering]

BTW, I'm not real happy to hear that they'll be seeking death. I do favor the DP and personally would support it ANYTIME that premeditation could be established, but I don't think it's right that it's not equally applied. Man is too fallible and I don't like this decision being left in 1 or 2 people's hands, either. If we're going to have a death penalty, it should be equally applied and sought for EVERY case where the special circumstances come into play.

I also don't like the cost involved with housing, feeding, medicating, then the appeals process, etc.. associated with death penalty cases. It's cheaper just to house them, and we're not talking a few bucks difference here and there. We're talking 100's of thousands per death row inmate MORE than those kept in the regular population.

Initially, I did want the state to seek death for Casey for no other reason than a hope (though it too would have been a long shot), of Casey MAYBE leading investigators to Caylee's remains, and saving the good taxpayers of Florida MILLIONS to try her.

Now though, just house the _____ (fill in the blank as you see fit) for LIFE, and let the world forget she exists. 10 years down the road when she's weighing in at 160-170 pounds would be complete torture for someone like her.

This isn't about money. This is about whether a heinous criminal is fit for society, even inside prison.

 

[Cat13067]

The Anthony's are scheduled to be on OW in May. Do the Ant's understand OW is all about not abusing children. I mean really let those meds kick in GA & CA, and keep your gum chewing faces out of the media.

 

[NSS]

Since death of a child due to negligence is among the capital crimes in Florida, I don't see how arguing that Caylee was killed by an accidental overdose would apply at all unless it was a medicine she was legally prescribed. I don't think we've seen anything saying Caylee was taking any prescription medicines.

Way back then, no-one knew how Caylee had died, so the lawyer was simply showing that without evidence of a violent death, the SA couldn't really gain a DP verdict.

However, that all changed on Dec 11th, accidents don't require duct tape. Concealing the body, concocting a nanny, etc shows consciousness of guilt, and so 'mental illness' is unlikely to sway the decision now.