2009.04.13 State To Seek Death Penalty For Casey Anthony

[NancyT]

There is currently 1 other woman on death row and I don't think the appeals process in Florida is as slow as it is in say for instance, Cali.
In the end, if she is convicted with the DP being issued, IMO in the longrun it will be cheaper than housing her for what could be a very long time...she is a very young, healthy 23 year old after all.

Good point

She'll still have more years wrapped up with the appellate courts than Caylee had in life.

 

[Cat13067]

I heard Florida is second to Texas in executing DR inmates. Anyone know if that's true? If so, and she gets the DP, she probably won't reach her mid 30s.

I'm from Florida I think that is true.

 

[ecs5298]

Getting back to what changed in the SA's eyes to bring this about. I personally don't think it was just a new way of looking at the evidence that we already know they had. I really think there was a real "holy $hit" moment at the SA's office when some kind of test result came back.

If I were a betting man, I would bet on KC's prints on the inside of the garbage bag and/or KC's prints on the Gatorade bottle/syringe with a Xanax or other deadly drug residue found both in the bottle and in Caylee's hair.

This has to be slam dunk evidence. I don't think they would have filed without it. Maybe my fantasy came true and KC took pics of the murder and LE finally found them. Kinda doubt that one.

How about this possibility (and legal eagles weigh in here)....Could it be that KC confessed to DC while there was no priviledge and he's going to testify against her? Is that what that whole JB, ex parte, complaint filed circus that just went on was all about?

Ideas?

 

[JustJax]

I heard Florida is second to Texas in executing DR inmates. Anyone know if that's true? If so, and she gets the DP, she probably won't reach her mid 30s.

See the stats I posted above and you'll see that your calculations are probably dead on....pardon the intended pun.

 

[JSR]

So its a difficult situation- I don't know if a jury would agree on death with CA up there pleading for her daughters life.

But this also forces CA's hand at behaving herself if called to testify for the State. If CA carries on as she did at the deposition she will NOT do herself any favors or for that matter her daughters. If the jury despises her as much as we all do, she won't hold much weight with the jury when she begins to plead for Casey's life.

 

[gummdrop]

I am glad the dp has been put back on. Baby killers do not deserve to be taken care of , at the expense of taxpayers.

 

[NancyT]

Statistics about death row in FLA


Statistics on Executed inmates in Florida*

*Refers to inmates executed after the death penalty was reinstated in Florida, beginning with John Spenkelink’s execution in May 1979.
12.31 years is the average length of stay on Death Row prior to execution
13.94 years is the average number of years between offense and execution.
44.35 years is the average age at time of execution.
30.40 years is the average age at offense for executed inmates.

http://www.dc.state.fl.us/oth/deathrow/index.html

That is better than most other states. Kudos to Florida. Florida is also on the short list of states who have executed a woman. Well, since the mid/latter 1900's anyway.

 

[wandering]

You're right- in criminal trials, judges can't issue directed verdicts. During the trial they can't just say, okay Prosecution you proved this case beyond a reasonable doubt, guilty! And in sentencing you can't impose a higher sentence than the jury does. Death must be decided by a jury of ones peers.

But the judge can reduce the sentence. If the jury picks death, and the judge thinks there's no reasonable way for an unbiased jury to come to this conclusion, then it can direct for LWOP or retrial. Usually this has come up in the south where a black defendant was convicted by an all white jury, and there wasn't evidence to sustain the verdict- it was "clear" that it was a bias decision. Of course the prosecution could appeal saying the judge "abused his discretion" but that usually doesn't happen.

Thank you. Yes, I already posted that the judge can select a lesser sentence.

 

[McSev]

Snipped Respectfully

So its a difficult situation- I don't know if a jury would agree on death with CA up there pleading for her daughters life.

I don't know about that. Scott Peterson was sentenced to death by a jury which focused on his unemotional demeanor and behavior after Laci went missing. I might be mistaken about this, but didn't his mom plead for him too?

The matriarch in that family will definitely make her appearance -- and yep, she'll plead for her daughter's life. But.... that's at the end of the trial and after boatload of examples of her daughter's total lack of truthfulness. If I recall, her daughter was advised early on by investigators not to let this snowball...and instead, she did the opposite. IMO, a "normal" objective person such as will be selected for this jury will see the family pleading for her life for what it is and move forward with what the evidence reveals. Killing your own kid has more weight with juries: the family's probably going to be perceived as enabling Casey's behavior which may have ultimately led to Caylee's death.

 

[gardenhart]

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.

You misunderstand my point. I don't think anything accidental occurred either, but it makes no sense for her attorney to try to argue this shouldn't be a death penalty case because she was killed in an accidental overdose. That's because one of the capital crimes in Florida is killing a child through negligence.

 

[tiredofthis]

A lawyer on JVM says that the DP being back on the table will extend the start date of the trial by possibly years!

 

[jon_burrows]

See the stats I posted above and you'll see that your calculations are probably dead on....pardon the intended pun.

Opps, I missed your post. Wow, they don't mess around in Florida.

 

[JustJax]

I heard Florida is second to Texas in executing DR inmates. Anyone know if that's true? If so, and she gets the DP, she probably won't reach her mid 30s.

If she is convicted, she will more than likely be executed before Scottie P has exhausted his appeals. Makes me sick that his smarmy grin will still be photographed everytime they update his prison photo.

 

[gardenhart]

No, I don't think so. If the jury doesn't recommend death, the judge can't impose it. We shall see. At any rate, I recall that Florida was one of the states that must hold to that law.
I'm always open to correction. Too tired to explore further right now.

The jury only recommends (in some states.) The judge can completely ignore their recommendation if he or she wants.

If a jury's recommendation bound the judge, it would make no sense to have it be a recommendation. It would be a final decision.

Keep in mind that the procedure may be completely different in your state. But if the jury makes the decision in your state, it's a decision and not a recommendation.

 

[gardenhart]

A lawyer on JVM says that the DP being back on the table will extend the start date of the trial by possibly years!

They must be from California. LOL

 

[JSR]

IMO, a "normal" objective person such as will be selected for this jury will see the family pleading for her life for what it is and move forward with what the evidence reveals. Killing your own kid has more weight with juries: the family's probably going to be perceived as enabling Casey's behavior which may have ultimately led to Caylee's death.

And if Cindy acts on direct with the State like she did at the deposition that pleading will have little to no weight with a jury come sentencing time.

 

[JSR]

If she is convicted, she will more than likely be executed before Scottie P has exhausted his appeals. Makes me sick that his smarmy grin will still be photographed everytime they update his prison photo.

Me too. And my tax dollars are still paying for him to totally exhaust all his appeals. :banghead:

 

[RR0004]

This shocked me when I heard it on the news this afternoon as I surely didn't see this coming! I bet Ms. KC is going to be a lot less smirky now.

Funny, but I was wondering WHEN it would happen. I hate to say this, but this news put a smile on my face.

 

[jon_burrows]

A lawyer on JVM says that the DP being back on the table will extend the start date of the trial by possibly years!

JVM is getting on my last nerve. She keeps saying she is usually against the DP but not in this case. You're either for it or against it, period. One murder is not more deserving of the DP for the perp than another.

 

[Issi]

Ok... here is a question for anyone.

Can the state then double back off the DP, and change their minds, seeking a life sentence instead?


I'm impressed with this gutsy move today, but could it be it was for the purpose of shaking the tree, and trying to get a plea deal from KC?

Spokesperson for JB is adamant that this isn't a DP case.