jon_burrows
New Member
Apparently "Lack of Remorse" is not an aggravating circumstance, but Remorse is a mitigating circumstance used by the defense during the penalty phase. The State can rebut a mitigating circumstance by showing a lack of remorse, but can't actually present it (lack of remorse)as an aggravating circumstance first themselves.
I don't think you can unring a bell. If it's proven the entry was written while Cayee was missing it can be used against her because she said she was looking for her the entire month. Whether it's brought up during the guilt or penalty phase doesn't really matter. The jury will not only know there was no remorse but she was happier than she had ever been. It's one thing to say people grieve or handle stress differently but here we have it, in black and white, in her own handwriting that she is happier than she's ever been. Powerful words if it's coming from a mother shortly after she killed her child.
Throw in the videos of Casey happily shopping at Target (we all know what she bought), the bank video of her stealing Amy's money, and the video of her and Tony tied at the hip at Blockbuster paint a really bad picture for Casey. Add the 31 days, the outrageous lies, duct tape, death mobile, garbage bags, swamp, etc. and she's toast.
I do believe a jury follows the law as directed by the judge but they are also human beings able to look at the big picture.
The diary also shuts down any accidental death theory as well (which I think is total BS). No grieving mother whose child died accidentally would be happier than they've ever been.
After having said all that, I don't think they are going to be able to prove she wrote that entry after Caylee passed.
IMO