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

[Amster]

Talking about it on FOX, now.

 

[Paintr]

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.

I agree Susie Q! Unfortunately, the A's can claim they were in shock, mistaken, grief stricken, confused, ect. LE would need legal proof for charges. What would 'legal proof' consist of?

 

[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?

Many thanks to Kimmer for posting this statute on "Obstruction."

Sometimes the reading of the law can be quite a daunting task and things get accidentally and understandably ommitted.:blowkiss:
The second section of the Obstruction Statute of Florida, is as follows:


Title XLVI
CRIMES Chapter 843
OBSTRUCTING JUSTICE View Entire Chapter

843.02 Resisting officer without violence to his or her person.--Whoever shall resist, obstruct, or oppose 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; county probation officer; parole and probation supervisor; 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, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.



George and Cindy have not committed acts of violence against LE. as they would have been arrested on the spot.
They have been cut quite a bit of compassionate slack by authorities. I doubt LE is willing to extend their kind understanding to include acts of violence.
For that reason, it is the "Non-Violent Obstruction" portion of the law which would apply.
As is stated, the crime is actually a misdemeanor.
Accessory on the other hand, is a felony.
Hence, I favor employing the Accessory statute over the Obstruction statute if either is applicable.
That said, I still see much of their conduct as more in line with the accessory definition.
As always,
jmho.:blowkiss:


The 1505 which is cited, is actually from the US code, so that those serious penalties as enumerated, do not necessarily apply to this case. I know it gets confusing.:hug:



18 U.S.C. § 1505 (2005).
The Crime
Under section 1505, it is a crime for a person

who has the intent to avoid, evade, prevent, or obstruct compliance with a civil investigation that was properly made under 15 U.S.C. §§ 1311 et seq., to
willfully withhold, misrepresent, remove from any place, conceal, cover up, destroy, mutilate, alter, or by other means falsify any
documentary material,
answer to written interrogatories, or
oral testimony,
which is the subject of such demand; .....

 

[Tuba]

I really don't care about any big family secret. Whatever that might or might not be, it did not move the hand that took the victim's life. There is obstruction and they are accessories after the fact.

 

[MiraclesHappen]

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 proof of the "knowingly" part of crimes is done by having the prosecution paint an entire picture of the events which have occurred.

The jury is instructed on the elements of the crime and they are also instructed on the inferences they can choose to draw from testimony they have heard.

Prosecutors are used to overcoming the hurdle of the "Knowingly "element.:wink:

 

[MiraclesHappen]

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

You're welcome SuzieQ!:blowkiss: Agree wholeheartedly...

 

[MiraclesHappen]

I really don't care about any big family secret. Whatever that might or might not be, it did not move the hand that took the victim's life. There is obstruction and they are accessories after the fact.

I'll second that!:hug:

 

[Paintr]

The proof of the "knowingly" part of crimes is done by having the prosecution paint an entire picture of the events which have occurred.

The jury is instructed on the elements of the crime and they are also instructed on the inferences they can choose to draw from testimony they have heard.

Prosecutors are used to overcoming the hurdle of the "Knowingly "element.:wink:

Thank you MH for the info. I DO think the A's did this 'knowingly' and I do not think they should be allowed to escape notice by the authorities. I sympathize with their loss but they are adults and made their choices, for better or worse. Your post was reassuring but I have noticed in past cases that parents "aiding" criminal children have been given a pass (ie J Peterson).

 

[JBean]

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