2009.04.13 State To Seek Death Penalty For Casey Anthony

[Tracey276]

I saw on the filing of the death penalty, it said a copy was sent to KC and one to Baez. Does anyone here know if KC gets a copy sent to her personally of all her filles or just some? I know Baez gets all her stuff but does she too, so she can read everything? If so, from who? Baez?

 

[Themis]

Not true. One juror pities her, and it's a hung jury. Then the prosecution can hone their case and make it tighter the second time.

Three notable cases with a hung jury:

Betty Brokerick
Menendez Brothers
Phil Spectre.

All were found guilty on second go-around.

And unless prosecution drops charges entirely, she will not be free. She will stay where she is until the second trial.

Did you know that if a jury hangs a second time or if there is a mistrial a second time that the prosecution can proceed a third time and it does not violate double jeopardy.

 

[LaLaw2000]

Notice of intent to seek the Death Penalty

http://www.wftv.com/blank/19169222/detail.html

Thank you for this link, Searchfortruth!

I imagine that this was one signature that Linda Drane Burdick was pleased to do!

 

[Themis]

I saw on the filing of the death penalty, it said a copy was sent to KC and one to Baez. Does anyone here know if KC gets a copy sent to her personally of all her filles or just some? I know Baez gets all her stuff but does she too, so she can read everything? If so, from who? Baez?

Just some of the documents are sent to KC. Any document that the SA has to personally "serve" on a defendant is given to KC with a courtesy copy to her attorney. Otherwise, the rest of the documents go to her attorney.
Oh, KC can also ask JB for copies to read. Normally, if an attorney gets such a request, they copy their files for the client.

 

[Chemaster]

If she would have come forward at the beginning with ALMOST any reason that her child died then I would be in total disagreement with the DP.

Including:

• She just snapped
• She was angry
• She was crazy
• Even GOD told her to do it

If she would have admitted it and showed sadness then it would be different. However, the high-five's and TOTAL lack of concern for her daughter makes me agree with the DP.

JB ... hasn't helped matters neither because instead of smiling and laughing with Casey, he should have been VERY VERY firm and professional throughout this ordeal and had respect for the Caylee. I would not have smiled a SINGLE time in public while representing this client.

DP, great move ..... now maybe she can get a serious attorney and attempt to plea.

 

[minazoe]

she has already told us she will never crack,

 

[Knot4u2no]

I'm not sure what seeking the death penalty will provide ... personally, I prefer that the guilty party(ies) spend life in prison. Not a good outcome for them, not so easy as death.

That said, the more I listen to the available audio tapes and watch the videos of the Casey saga, the more I think about Alexathemia and Pseudologia Fantastica, but with a very conscious awareness of the reality of the situation and a very calculated, intentional deception. Not a legal defense, IMO. The death penalty would apply, but that would be way too easy.

Russell

 

[steadychick]

Notice of intent to seek the Death Penalty

http://www.wftv.com/blank/19169222/detail.html

Oh WOW!!! Wouldn't you have loved to be there to see KC's reaction when she got this little piece of hand delivered mail???

 

[tiredofthis]

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

It makes you wonder. They must feel pretty confident they can win this case to put the DP back on the table.

On HLN they said the prosecutors may feel this was a cold, calculated murder.

 

[Mamabear1963]

While I don't agree with the dp, I was glad to see it put back on the table...it shows the state has more to go on...and takes care of JB...and maybe...just maybe will shut CA and GA up for good.

As a parent I do feel for them...BUT...if this saves even one more little life because someone thinks twice about killing a child...it will be worth it.

Rest in Peace sweet Caylee!

 

[Themis]

---
Have you ever served on a jury with the death penalty on the table? I have and I can tell you that during the entire deliberation of guilty or not guilty, it is embedded in your mind. And yes, some jurors during selection state that they have no problem with the sentencing phase on a death penalty trial then when it goes to decision, come up with all kinds of conflicts. Your statement above: when you say "IMO, Casey walking just because a juror isn't convinced she deserves death will never wigh into this equation" is IMO inaccurate, it will definitely weigh into the equation. Some jurors will find her not guilty if they think that she will be put to death, regardless of what they said during the jury selection.

You know, of course, that if juror states in voir dire that they don't have a problem with the death penalty and then decide a case based on the opposite that they have either lied during voir dire or broken their oath as a juror. Either way, if the prosecution finds out, the verdict can be nullified.

 

[Chezhire]

SNIPPED: "I'm not sure what seeking the death penalty will provide ... personally, I prefer that the guilty party(ies) spend life in prison. Not a good outcome for them, not so easy as death...."

It would save the FL taxpayers a lot of money re: supporting Casey in jail, for one...

 

[karma-girl]

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 think the guy on HLN just read your post and quoted your bold!!! Congrats and great sleuthing!!!:dance::dance:

 

[Broderick]

Perhaps they were able to determine that her diary entry about a means to an end and never being happier was dated in 2008.

 

[Mendara]

Life in prison would just allow her to form a posse of admires and enjoy things like reading, writing, exercise, talking with family on the phone or during visits, watching tv, sleeping, dreaming, falling in love wih another inmate, making friends...all things Caylee Anthony can't do.

She doesn't deserve to breathe. Had she come forward on DAY 1 and told the truth then I would say no DP - but she took this to the very end and IT WILL BE - FOR HER>

 

[Everly]

I wonder if they got back results of residue on the duct tape?

Residue that shows Caylee was alive when it was placed on her mouth?

Residue that showed saliva mixed with a drug?

 

[ladybug]

Wow. I totally didn't see this coming.

You know, with all the talk about hung juries and all...I gotta think that if they decided to go for the death penalty that they REALLY have here- undeniable. I think there's a smoking gun somewhere in the autopsy report.

Of course, they could be upping the anti so she just makes a deal and Caylee can finally rest in peace.

 

[LaLaw2000]

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.

So very well put!

 

[Cherry Baby]

It is a good day - besides Spector being found guilty we get a DP on Casey.

When you think about it though...the SA must have gotten some tests back to push the DP back on the table. Just makes me more enraged about what that poor little girl suffered.

On HLN they said the prosecutors may feel this was a cold, calculated murder.

I agree with the SA.

 

[gardenhart]

as much as i would loooove to see KC get the DP....

i think the SA is making a huuuuuuge mistake! all it takes is ONE juror to have a sliver of doubt and go with a not guilty verdict because they don't want to sentence her to death.

i think she'll walk. ughhh god i just felt my blood pressure go up 100 points

Anyone who believes someone is guilty beyond a reasonable doubt and opts for not guilty because of what the sentence might be has no business on a jury.

One of the questions the jury pool will be asked is whether they have any problem with the death penalty. And, in fact, the jury always has the option of recommending life in prison instead of death. They will probably also have the option of finding her guilty of lesser included murder charges that aren't capital charges.