Anthony Family Inconsistencies #3 Obstruction charges? perjury? Mistrial?

[SuziQ]

Grief and denial is not a defense for breaking the law. It doesn't qualify for insanity in court and does not affect responsibility. However, it can be used to plead for a lesser sentence in the penalty phase. More people have been sent to prison for lying about their crime than for the actual crime they commited.

If these come down to Fed charges, it will not be good. They really don't care about public opinion.

 

[MiraclesHappen]

Below is the Florida Statue on obstruction of Justice....


Under section 1505, it is a crime for a person who willfully misrepresent, conceal, destroy, alter, or by other means falsify any documentary material, answer to written interrogatories, or oral testimony to placed a hurdle in the investigation. It is also a violation for a person to corruptly, or by threat or force obstruct the proper investigation. A violation can be punished by a fine, imprisonment for not additional than 5 years or, both. If the offense is based upon international or domestic terrorism the punishment can be a fine, imprisonment for not additional than 8 years, or both.


843.01 Resisting officer with violence to his or her person.--Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; parole and probation supervisor; county probation officer; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, by offering or doing violence to the person of such officer or legally authorized person, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084



Here is my question do you think it is possible that due to the investigation the A's were conducting on there own, that if they had information that they should have turned over to LE but did not that they will be charged before trial and then told that if they do tesify truethfully that the charges will be dropped, but if they lie for KC that they will be held on obstruction & impedeing an investigation as well as purjury?

No, I do not think that could happen.

You cannot strongarm witnesses in that fashion to testify honestly.

It is already illegal for them to do otherwise.

To fashion a bargain, involving not -yet- existing charges,
predicated on the fact that the law will not be broken by someone is not done.

 

[JBean]

Hi. I am looking through this thread and it's interesting to see the various inconsistencies spelled out and consider a possible "mistrial" involving Casey's court case. However, I really think a specific thread is needed to address one issue only (a big one): legal and factual grounds for charges against Cindy, George and/or Lee Anthony for possible obstruction, impeding an investigation, etc. Some of the unusual activity (and statements from both LE and the Anthony's attorney) lead me to believe such charges are inevitable. I know there was a thread about obstruction charges previously, but it seems the thread was locked because folks were bickering on it. If we had a new thread, I would include the text of potentially applicable statutes and folks could discuss how they might apply given what we know so far (which is, of course, limited). Just let me know and I'll do so.

We can do all that right here in this thread. Thanks NJLawyer.

 

[IrishSweetOne]

At trial what will happen will be the prosecutor will call GA to the stand - and will say: Mr. A, please tell the court what happened July 15th, when LE came to your house... and GA will tell his story, and if it doesn't line up with what he told LE (on tape), what LE testifys to, or GAs grand jury testimony, the prosecutor can say Mr. A, according to your xyz testimony, you believed there was a dead body in the car - see state exhibit 378, please read line 10. Or whatever.

The state can't exactly say YOU ARE LYING, but if evidence is introduced from earlier, the jury will hear it. So the confusion between the 9th and the 15th (date) probably won't be a problem b/c GA and CA both said to LE after "we're sorry we were getting our dates mixed up, etc" showing they really only failed in their "recollection" not an intentional lie.

Also the witnesses have to answer questions - unless they plead the 5th and refuse to answer.

The minute George opened that car door at the tow yard he knew yet failed to notify LE . Contents ( bag of garbage ) was removed = tampering / obstruction . It didn't stop there .

Remember the smell was so bad George had a hard time driving it , windows down . We all know both George & Cindy are compulsive neat freaks . They pulled that car into their garage , leaving their own vehicles outside . From what we've observed from them this is unusual behavior , even Lee said so in his statements .

They cleaned that car , remember LE even stated that the car was neat . The clothes George claimed KC was wearing were removed and washed twice . The knife ( washed ) and lord knows what else was removed , they went through the car as that was how Cindy found Amy's phone number. They had posession of the car for at least 5 hrs IIRC before picking Amy up to go to AL aptment. Recall the conversation between Cindy & Amy regarding the smell and Cindy telling Amy she had to find KC or she might end up in jail .

They knew yet failed to notify LE , tampered with and destroyed evidence . Let's not forget the computer & bags Lee brought back from AL . Kinda funny how 3 witnesses state KC was on her computer , Lee brings back a computer that had been tampered with " virus" . Cindy admitted going through and taking money & credit card before LE had the chance .

I could go on & on about the MANY MANY ways they obstructed , interfered
with or destroyed evidence in this investigation . Least we not forget how they swindled funds from the general public selling T.shirts and seeking donations to help find Caylee when they knew from " Day One " this child was dead .

They all should be charged , I've been saying this from the begaining . The grieving grandparents excuse just doesn't cut it !! I don't think the SA would feel a backlash from the public if they did so . The public is outraged by the actions and inactions of this family . They may not have asked to be put in this situation but they haven't hesitated to use it to their advantage .

That's my opinion and I'm sticking to it .

 

[zadari]

The minute George opened that car door at the tow yard he knew yet failed to notify LE . Contents ( bag of garbage ) was removed = tampering / obstruction . It didn't stop there .

Remember the smell was so bad George had a hard time driving it , windows down . We all know both George & Cindy are compulsive neat freaks . They pulled that car into their garage , leaving their own vehicles outside . From what we've observed from them this is unusual behavior , even Lee said so in his statements .

They cleaned that car , remember LE even stated that the car was neat . The clothes George claimed KC was wearing were removed and washed twice . The knife ( washed ) and lord knows what else was removed , they went through the car as that was how Cindy found Amy's phone number. They had posession of the car for at least 5 hrs IIRC before picking Amy up to go to AL aptment. Recall the conversation between Cindy & Amy regarding the smell and Cindy telling Amy she had to find KC or she might end up in jail .

They knew yet failed to notify LE , tampered with and destroyed evidence . Let's not forget the computer & bags Lee brought back from AL . Kinda funny how 3 witnesses state KC was on her computer , Lee brings back a computer that had been tampered with " virus" . Cindy admitted going through and taking money & credit card before LE had the chance .

I could go on & on about the MANY MANY ways they obstructed , interfered
with or destroyed evidence in this investigation . Least we not forget how they swindled funds from the general public selling T.shirts and seeking donations to help find Caylee when they knew from " Day One " this child was dead .

They all should be charged , I've been saying this from the begaining . The grieving grandparents excuse just doesn't cut it !! I don't think the SA would feel a backlash from the public if they did so . The public is outraged by the actions and inactions of this family . They may not have asked to be put in this situation but they haven't hesitated to use it to their advantage .

That's my opinion and I'm sticking to it .

ok slap them part is talking .. i have to agree

 

[Meagain]

I hate the thought of them, and/or their 'people' reading this thread for knowledge as to what to cover their butts about.

 

[zadari]

I hate the thought of them, and/or their 'people' reading this thread for knowledge as to what to cover their butts about.

you know what i have thought about that alot too .. and i wonder if they are reading here and getting ideas for spins ... mabey the whole caylee thread should be for members only and then whoever signs up has to reveal who they really are lol ... bwhahaha im so bad

 

[MiraclesHappen]

All this talk makes me want to throw the crime:"accessory after the fact", into the mix.

If there is interest, I'll post that statute.

I'm not sure if it's too OT but it seems to fit in.

 

[SuziQ]

(snipped)

The minute George opened that car door at the tow yard he knew yet failed to notify LE . Contents ( bag of garbage ) was removed = tampering / obstruction . It didn't stop there .

This is a very good put together post. I think this case has gone on so long and events are so far apart, that people forget what all the A's have done to harm this case. It's good to see the facts together like that. I also think that people confuse and feel empathy for the A's based on the usual feelings one has for the typical acting grandparents of a murdered child. The A's have not acted typical, and acted like someone who's commited a crime or covering up one. My vote is they commited a crime by covering up one.

 

[SuziQ]

All this talk makes me want to throw the crime:"accessory after the fact", into the mix.

If there is interest, I'll post that statute.

I'm not sure if it's too OT but it seems to fit in.

I don't think it's OT...I'm interested!

 

[GeorgieFayne]

They are definitely trying to throw monkey wrenches into LE's work, but I don't think it's necessarily because they're trying to help KC. This family has some kind of huge secret that they don't want revealed to the public. This of course is opinion, but it's he only way I can wrap my head around their weird behavior.

So, in short, I believe they should definitely be charged with obstruction of justice. Plus, they've caused lots of public time, money and resources to be wasted.

 

[jerchers]

iF THE ANTHONY BELIEVED cAYLEE WAS STILL ALIVE and KC had nothing to with Caylee disapearance-wouldnt they rush to the jail to see how KC was doing after the news broke that Caylee remains were found. If my daughter was in jail she would be screaming for me-that is if she were inocent. So strange no in the family went to comfort KC-only one reson they all know she did it and they cant bear to look at her evil face

 

[MiraclesHappen]

I don't think it's OT...I'm interested!

Okay the, I am listing statute which describes the conduct which triggers an accessory charge.


I feel it's important to take a look at this law.

It's my humble opinion that a certain portion of the post-crime activities which we have observed, or of which we have knowledge, are covered under this criminal definition and not under the already defined "Obstruction."

I just want to be sure we all see that although certain offensive acts might not be covered by the Obstruction laws, that won't be an indicator of an easy out.
That loophole is plugged by this statute here!

Please note that the exclusion from punishment, that is delineated for relatives of the original perpetrator (including parents of the accused) does not apply to serious felonies of the type we have here.

I would also add that it is not necessary under the law, for the original perpetrator, Casey, to have been convicted, for these charges to stand against accessories, as this statute is written.
Could result in quite an "Oops."




Title XLVI
CRIMES Chapter 777
PRINCIPAL; ACCESSORY; ATTEMPT; SOLICITATION; CONSPIRACY View Entire Chapter

777.03 Accessory after the fact.--

(1)(a) Any person not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity to the offender, who maintains or assists the principal or an accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a crime and such crime was a third degree felony, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact.

(b) Any person who maintains or assists the principal or accessory before the fact, or gives the offender any other aid, knowing that the offender had committed the offense of child abuse, neglect of a child, aggravated child abuse, aggravated manslaughter of a child under 18 years of age, or murder of a child under 18 years of age, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact unless the court finds that the person is a victim of domestic violence.

(c) Any person who maintains or assists the principal or an accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a crime and such crime was a capital, life, first degree, or second degree felony, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact.

(2)(a) If the felony offense committed is a capital felony, the offense of accessory after the fact is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If the felony offense committed is a life felony or a felony of the first degree, the offense of accessory after the fact is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If the felony offense committed is a felony of the second degree or a felony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, the offense of accessory after the fact is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) If the felony offense committed is a felony of the third degree ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023, the offense of accessory after the fact is a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Except as otherwise provided in s. 921.0022, for purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, the offense of accessory after the fact is ranked two levels below the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.

 

[whiteangora]

They are definitely trying to throw monkey wrenches into LE's work, but I don't think it's necessarily because they're trying to help KC. This family has some kind of huge secret that they don't want revealed to the public. This of course is opinion, but it's he only way I can wrap my head around their weird behavior.

So, in short, I believe they should definitely be charged with obstruction of justice. Plus, they've caused lots of public time, money and resources to be wasted.

This has been my opinion as well for a very long time.
Cindy and George are afraid of Casey, that's why everyone walks on egg shells around her. They know that one false move or one word might trigger Casey to reveal the family secret.

 

[essies]

If they are not charged with obstruction then what kind of message does that send to others out there (and unfortunately, there are many others in dysfunctional familial and domestic situations) who are watching and waiting to see who else will be held accountable. Maybe, not accountable for murder, but accountable for obstruction, tampering, and accessory after the fact. People need to see that there are consequences to their actions and LE and the FBI take them very seriously!

 

[Paintr]

Okay the, I am listing statute which describes the conduct which triggers an accessory charge.


I feel it's important to take a look at this law.

It's my humble opinion that a certain portion of the post-crime activities which we have observed, or of which we have knowledge, are covered under this criminal definition and not under the already defined "Obstruction."

I just want to be sure we all see that although certain offensive acts might not be covered by the Obstruction laws, that won't be an indicator of an easy out.
That loophole is plugged by this statute here!

Please note that the exclusion from punishment, that is delineated for relatives of the original perpetrator (including parents of the accused) does not apply to serious felonies of the type we have here.

I would also add that it is not necessary under the law, for the original perpetrator, Casey, to have been convicted, for these charges to stand against accessories, as this statute is written.
Could result in quite an "Oops."




Title XLVI
CRIMES Chapter 777
PRINCIPAL; ACCESSORY; ATTEMPT; SOLICITATION; CONSPIRACY View Entire Chapter

777.03 Accessory after the fact.--

(1)(a) Any person not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity to the offender, who maintains or assists the principal or an accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a crime and such crime was a third degree felony, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact.

(b) Any person who maintains or assists the principal or accessory before the fact, or gives the offender any other aid, knowing that the offender had committed the offense of child abuse, neglect of a child, aggravated child abuse, aggravated manslaughter of a child under 18 years of age, or murder of a child under 18 years of age, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact unless the court finds that the person is a victim of domestic violence.

(c) Any person who maintains or assists the principal or an accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a crime and such crime was a capital, life, first degree, or second degree felony, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact.

(2)(a) If the felony offense committed is a capital felony, the offense of accessory after the fact is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If the felony offense committed is a life felony or a felony of the first degree, the offense of accessory after the fact is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If the felony offense committed is a felony of the second degree or a felony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, the offense of accessory after the fact is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) If the felony offense committed is a felony of the third degree ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023, the offense of accessory after the fact is a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Except as otherwise provided in s. 921.0022, for purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, the offense of accessory after the fact is ranked two levels below the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.

Great post, MH! I think the key word here is 'knowing'. Can they prove the A's 'knowingly' did all this? How can that be proven i this case?

 

[SuziQ]

Okay the, I am listing statute which describes the conduct which triggers an accessory charge.


I feel it's important to take a look at this law.

Thanks for posting this. We need to realize how serious this is. It's not a slap on the wrist type of offense.

 

[SuziQ]

Great post, MH! I think the key word here is 'knowing'. Can they prove the A's 'knowingly' did all this? How can that be proven i this case?

The A's (both admitting to LE as to knowing what decomp smells like) knew a dead body had been in the car when they picked it up. But took it home, hid it in their garage and cleaned/moved stuff.

ETA: and that's just for starters.

 

[bookworm474]

CA has tried to undo the crime out of shame.

CA, Caylee, Casey have OVER bonded, kind of a symbiotic mix.

At the same time they are very very afraid of Casey's lies, especially the males.

They needed Casey to believe they are in her corner.

Lee picking up Casey's things probably was better as he didn't know who had control of them.

As real facts come forward the atmosphere will change. It is up the the media to stop exploiting the fantasies.

Casey is a human being who completely lost her way and her parents showed no wisdom in managing her personality. Therapists hate clients like Casey because they are so malignant and create problems that are so destructive to the unsuspecting.

Maternal love can be just as blind as the others.

CA's choices are a big part of the mix. Hidden disablilties need to be defined. CA did go for the image. Why couldn't she get past the image? That is the question for all looking at the fact that somebody was operating double mindedly without true guidance believing they knew it all. OH..Pride before the fall.

When will people stop trying to turn vices into virtues?

 

[rosepetal1065]

This has been my opinion as well for a very long time.
Cindy and George are afraid of Casey, that's why everyone walks on egg shells around her. They know that one false move or one word might trigger Casey to reveal the family secret.

Why else would they put up with all her cr@p? She's been a bad egg for years, who steals thousands of dollars from their parents and gets away with it? I have felt all along that she has something on them.
moo