2009.04.13 State To Seek Death Penalty For Casey Anthony

[SoCalSleuth]

I have always felt the SA has not showed all of thier cards in the case in the discovery documents & have been holding back on some very incriminationg evidence!
The SA isn't going to let the defense have everything until they were completely done with examining the evidence. I think now they are done & ready to show Baez that it's time for Casey to either take a plea bargin or face the death penalty!

I would really like to see the documents of why they changed thier minds to bring back the DP for her. I'm not for DP, but in the case of anyone harming an innocent child I hold a different view on it. If the evidence shows her guilt, & I do 100% feel she is guilty, I am all for the DP in this case! MHO

OT: Of all days for this to be released....I'm trying to pack for my trip to :sunshine: San Diego!
I'll move quicker to finish now though! LOL

OT, we're having fantastic weather here in San Diego! Have a safe flight and safe trip.

 

[txmama]

Amen!

 

[Janis396]

I'm just so glad Casey lives in the state of Florida. My next pick for her would have been Texas. They don't mess around with killers in either of those states, they know exactly what to do with them.

 

[nursebeeme]

I'm sorry if what I feel is wrong, BUT, this news makes me the happiest I have been in a very long time (concerning this case!)

ETA: this good news brought me back to Caylee's Forum.

me too Lovejac. I was here before it was a forum... and have been gone for a while. It has been a long time coming.

I am surprised by it. why now? Do you think it is timing related in terms of last possible time to file, etc?

I don't think any deals are on the table. I just think there is enough evidence for Casey to die for this crime (ifand) when she is found guilty. (wish I could have left out the 'ifand' but it IS America...)

Nancy is going to lodge a bombshell in her brain tonight.

 

[AutumnAshes]

Aww, I bet KC is pissed... this makes me very happy, to say the least.

 

[natsound]

The docs never said whether or not KC's fingerprints were found on the duct tape. I bet that's what they have.

 

[Paintr]

:laugh:

And we posted at the same time - rock, paper, scissors???

I'll take rock!

 

[Hell's Belle]

Here's what Florida's Death Penalty statute considers aggravating and mitigating circumstances:

(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.


Looking at the list is very interesting. Bold is from my personal opinion what based on the released evidence could apply. But KC also fits into a lot of the mitigating circumstances also. It sounds awful, but for "run of the mill" murder you don't usually get the death penalty against a 22 year old. The age thing gets a lot of people. IMO the SA has to have (1) serious evidence that would convince a reasonable person that KC absolutely did this- that can't be discredited on cross-examination. Like someone said DNA/soil on the shoes could do it. Just because the evidence of decomp in the trunk while believable, could be super confusing when LKB goes at it. (2) Some WEIRD evidence that shows this wasn't an accident- something we haven't seen.

I think this might also be a little bit of an attempt at strong-arming- to get JB off his high horse and scare into KC and her parents that this is really life or DEATH. JB messes up and KC dies- no more blindly following the white knight (which would cost FL years and years of appeals).

I disagree that many of the mitigating factors would apply to Casey. I don't think she has a *significant* history of prior criminal activity, but that's the only one I see. I believe the "age of the defendant" factor is a hangover from the days when it was still constitutional to execute someone who was a minor at the time of committing a murder, before the 2005 Supreme Court case of Roper v. Simmons. At the time Roper v. Simmons was decided Florida had three individuals on death row who had committed their crimes as juveniles. http://www.washingtonpost.com/wp-dyn/articles/A62584-2005Mar1.html

 

[jennyb]

Skipping to end and maybe it's been mentioned but I'm wondering if this has something to do with the SA having definitive evidence that the family did direct the PI to the spot, meaning they were told by the OC (odious creature) where the body was. Wouldn't that be the ultimate irony.

 

[Lovejac]

me too Lovejac. I was here before it was a forum... and have been gone for a while. It has been a long time coming.

I am surprised by it. why now? Do you think it is timing related in terms of last possible time to file, etc?

I don't think any deals are on the table. I just think there is enough evidence for Casey to die for this crime (ifand) when she is found guilty. (wish I could have left out the 'ifand' but it IS America...)

Nancy is going to lodge a bombshell in her brain tonight.

That's another thing I've missed! I haven't been watching NG either. I will be watching tonight!

My faith in justice for Caylee has been restored, I am back!

I personally think some test results that they have been waiting for have come back. The first thing that popped in my mind was toxicology report

 

[angeleleven]

I just heard the news about the death penalty being back on the table on HLN. This news has made my day. I hate to say something like this made me happy, but it did!

 

[nursebeeme]

I think it only takes one of the mitigating factors...

 

[Dear Prudence]

:laugh:

Just wanted to add one more thing.....

Wonder if KC needed "medication" today?

 

[Gypsy Road]

Y'all may think I'm crazy, but after waching KC all these months I just don't think that putting the DP back on the table is going to make her budge or consider taking a plea. I think she's as stubborn and narcissitic as they come and that she believes that she can get off for the crime she committed. I just don' see her ever admitting that she killed Caylee. She'd rather take her chances with a jury. IMO.

 

[Pattymarie]

Cindy and George should have behaved themselves the other day.

 

[coco puff]

The Astrology thread said this morning KC is very angry today. I read it not more than a half hour ago, and was wondering what it could be to pizz her off.

Could have been the Oprah gig... nah, prolly the DP thing.

 

[nssherlock]

Uh, WOW. They must have some really damning evidence on her that we don't know about yet.

Does anyone agree that this might just be a strategy to push her to plead (beg for a deal)?...........therefore mitigating the expense as much as is possible? This is costing huge tax dollars at a time it can least be afforded.

 

[CPP]

Kealing, citing a source was in the clerk's office, said the state's position was that "sufficient aggravating circumstances now exist" for the death penalty.

I think NG just had an orgasm.

Hopefully, KC's attorneys will convince her to seek and cut a deal, since I doubt the SA is offering one. I imagine the SA is certain they're holding a hammer over the last nail in KC's coffin.

 

[Lovejac]

You are correct that the charts have been showing that this week Casey was going to be coming unglued! :dance: The astrologers amaze me everytime with how accurate they are when reading the stars & planets!
Here's to our WS's astrologers! :clap: :clap:

They deserve a big round of thanks for the time they devote in all of the cases they work on! :clap:

:angel:

I am also remembering that April 15 in particular is going to be the worst!!

 

[Janis396]

Y'all may think I'm crazy, but after waching KC all these months I just don't think that putting the DP back on the table is going to make her budge or consider taking a plea. I think she's as stubborn and narcissitic as they come and that she believes that she can get off for the crime she committed. I just don' see her ever admitting that she killed Caylee. She'd rather take her chances with a jury. IMO.

ITA, Gypsy. The DP didn't phase her before when it was on the table, and it won't phase her now.