Casey's Defense Team. What Now? #2

[anastacia129]

can we start a seperate thread for legal questions/answers relating to the charges in this case? Or maybe one to discuss if peoplethink the charges are even relevant? I think the point is getting lost. Not being snarky, just tired of reading through pages of o/t clarifications/questions about the charges. We can all read what kc is charged with on the indictment.

 

[Rumpole]

I'd like to KEEP some of this legal banter going somewhere?
Often outside my knowledge comfort zone as well, but I am interested.

 

[Devon]

Corrrect.

As it now stands, prosecutors are not claiming that Caylee died as a result of the alleged aggravated child abuse.

Thank you. That's what I thought!

 

[Rumpole]

I assume that in Florida charges of murder or whatever are brought and sucessfully prosecuted on a regular basis. Can we not just assume that this prosecution team will manage to lash something together well before final trial date?

 

[ecs5298]

What about "suicide by cop"? When that happens, is it considered that the cop then commited a homicide?

That would be covered under "justifiable homicide" as in self defense.

 

[RR0004]

Casey has not been charged with felony-murder.

When a jury returns from its deliberations, you cannot expect a Judge to tell a defendant "though you were not charged with felony-murder, the jury did convict you on that charge".

(small due process problem)

She has been charged under Florida Statute 782.04 (under Chapter 782-Homicide). Tell me what I'm missing 'cause I just don't see it.

http://i2.cdn.turner.com/cnn/2008/images/10/15/caylee.indictment.pdf


http://law.justia.com/florida/codes/TitleXLVI/ch0782.html


ETA: and I will respect others wishes...I apologize for being slightly OT

 

[RR0004]

Corrrect.

As it now stands, prosecutors are not claiming that Caylee died as a result of the alleged aggravated child abuse.

Please cite where this has been stated by the prosecution.

 

[RR0004]

I assume that in Florida charges of murder or whatever are brought and sucessfully prosecuted on a regular basis. Can we not just assume that this prosecution team will manage to lash something together well before final trial date?

I wouldn't be concerned...they know what they're doing.

 

[Wudge]

Please cite where this has been stated by the prosecution.

The only murder charge in the indictment is the charge for premeditated murder. Felony-murder is not charged in the indictment, nor is it claimed therein that Caylee died as a result of aggravated child abuse.

 

[Rumpole]

I wouldn't be concerned...they know what they're doing.

I would be prepared for caveats to that claim, but I have to have some faith!

 

[LinasK]

Finally I have an appropriate thread for this! I saw the funniest comic the other day called Non-Sequitur. A defense attorney is sitting at his desk. He has a bulletin board next to him titled: My Client:. On it are 8 different slips of paper: was misquoted, is a victim of society, had a bad childhood, is willing to cut a deal, promises never to do it again, has "Found God", needs a hug, not jail time, and knows where you live. The attorney has his hand over his eyes while he blindly throws a dart at the board. You have to see it, it's hysterical!

Re-quoting myself, since it's too late to edit. Forgot to add the caption: The Defense Prepares For Closing Arguments.
And here is the link: http://news.yahoo.com/comics/uclickc...29qmrd.R0l6ysC

 

[accordn2me]

The only murder charge in the indictment is the charge for premeditated murder. Felony-murder is not charged in the indictment, nor is it claimed therein that Caylee died as a result of aggravated child abuse.

If KC is found guilty of aggravated child abuse that resulted in Caylee's death, wouldn't that make her guilty of first-degree murder, a felony, and capital offense?

 

[impatientredhead]

If KC is found guilty of aggravated child abuse that resulted in Caylee's death, wouldn't that make her guilty of first-degree murder, a felony, and capital offense?

It will depend on the options given to the jury, but they are frequently allowed to consider lesser charges. Here are the jury instructions that a jury in Florida will be given for premediatated murder. As you can see if they are given the option they will receive instructions for both definitions. The other instructions can be found here http://www.floridasupremecourt.org/jury_instructions/instructions.shtml#

7.2 MURDER—FIRST DEGREE​

§ 782.04(1)(a), Fla. Stat.​

​

When there will be instructions on both premeditated and felony murder, the following explanatory paragraph should be read to the jury.
There are two ways in which a person may be convicted of first degree murder. One is known as premeditated murder and the other is known as felony murder.

To prove the crime of First Degree Premeditated Murder, the State must prove the following three elements beyond a reasonable doubt:

1. (Victim) is dead.

2. The death was caused by the criminal act of (defendant).

3. There was a premeditated killing of (victim).

Definitions.
An “act” includes a series of related actions arising from and performed pursuant to a single design or purpose.

“Killing with premeditation” is killing after consciously deciding to do so. The decision must be present in the mind at the time of the killing. The law does not fix the exact period of time that must pass between the formation of the premeditated intent to kill and the killing. The period of time must be long enough to allow reflection by the defendant. The premeditated intent to kill must be formed before the killing.

The question of premeditation is a question of fact to be determined by you from the evidence. It will be sufficient proof of premeditation if the circumstances of the killing and the conduct of the accused convince you beyond a reasonable doubt of the existence of premeditation at the time of the killing.

Transferred intent. Give if applicable.
If a person has a premeditated design to kill one person and in attempting to kill that person actually kills another person, the killing is premeditated.

 

[Rumpole]

Are there occasions where the discovery evidence released to the defence team by the prosecution is so clear and overwhelming that the defence team becomes convinced of their client’s guilt. What do they do then? Advise their client to plead guilty? Quit the case?

 

[Wudge]

If KC is found guilty of aggravated child abuse that resulted in Caylee's death, wouldn't that make her guilty of first-degree murder, a felony, and capital offense?

No. Intent needs to be proved beyond a reasonable doubt.

 

[USARDOG]

Lots of options here... Insanity (not a good one, I don't think she fits the definition.)

The baby sitter did it. Better, but lots and lots of holes.

CA or LA did it... Getting warm. Throw CA under the bus. Access, no motive, but a good att could fabricate one.

The meter reader did it. This one has some definite possibilities. :furious:

I'm thinking that I'd say KC has a personality disorder, rendering her incapable of reacting as a normal person would to tragedy. Hence the pics of KC on the pole... But that she is innocent... RK or CA, those would make IMO, the best targets.

Personally, I think the big D is going to go with, a different ZFG did it. But this is a weak one... perhaps weaker than the meter reader, but I think this is the way the D will go. :furious::behindbar

 

[Chilly Willy]

If I were the defense, I would push Casey to take a plea deal.

I think the defense will do the only thing they can do, and that is to attempt to create reasonable doubt in the mind of the jury by attacking LE, the forensics, the witnesses, and pretty much everything presented by the prosecution. They might 'suggest' that someone else could be responsible for the murder like Mark G. did in the Scott Peterson case, but I don't believe they'll push the Zanny story or blame any other person outright.

 

[EasyGruuvin]

Create reasonable doubt ,try to convince the jury that the remains were placed in the area they were found , while Casey was in jail. This could be true if a family member or somone else moved the remains from one place to another. GA admitted to having extra keys to the car and Casey stated to CA that the nanny had a key to the house. Reasonable doubt is all I can see but I doubt that it will fly.

 

[panthera]

We have been here for months and we have read all the remarks and rebuttals by the defense. We have read the twists and turns with all the rabbit trails they try to send people down.

First: What do you think will be the actual defense at trial?

Second : If you were the on the defense team what story would you get your client to tell in court? (or you tell for her)

Would you let KC testify?

I think they'll go with what Casey told LE, even though it's obviously a lie. Otherwise don't they have to put her on the stand if they come up with something different like she accidentally killed Caylee? I believe LKB is going to try to prove that somebody else could've put Caylee's body in the woods and the scientific evidence against Casey is faulty. I don't think they'll let her testify because she'd have to explain those lies to LE under cross-exam. She'd also have to come up with something believable as to why she didn't even report Caylee missing and I don't think she (or anybody) can. MOO

 

[elfie]

I'm reasonably well convinced that information not yet provided in documents so far, will yield the highest degree of correlation. This is obviously an assumption based on the predictive nature of the prosecution holding onto the evidence that most clearly demonstrates culpability.

I would push for a plea deal too.

Barring a mental defect or diminished capacity defense, I think the defense will need to point to another specific person in order to establish enough reasonable doubt. There will also need to be enough evidence involving that party in order to convince a jury, even though this is not normally the case nor is considered to be required, or is specifically not required.

The reason I think it would be necessary is due to the fact that Casey never reported her daughter missing, but admitted to it when the 911 call was made by Cindy. The appearance of an utter lack of regard for Caylee's well being figures so prominently as to be insurmountable without directly involving another party.