Caylee Anthony 3 year old General discussion #92

[lawlady84]

i disagree the can charge her for child neglect and her behind bars for 5 years, that just gives them 5 years before she is free to try and get enough evidence, there is no time line for a murder charge

I'm pretty sure its double jeopardy - one crime per incident. If you can't get enough evidence for murder, you can't charge manslaughter then come back years later and try again. Everyone gets their one day in court type of thing

 

[Patty G]

Well now that we may have a hurricane coming this way, I really hope that if Casey knows where Caley is, and she is possibly alive (like as in just hiding her from GM & GP), that the potential for this hurricane hitting will cause Casey to think twice about Caylee's safety, and tell us all where she is.

I doubt it, it's 2 months (60 days) already and nothing has moved her yet!

 

[kathyn2]

Nope, you are wrong. They can only try you once in Florida (not true in California) for the same circumstance. Read about it at www.wftv.com. If Baez asked for a speedy trial then they have to charge Casey with murder before the case goes to trial. They cannot try her again on this case.

i disagree the can charge her for child neglect and her behind bars for 5 years, that just gives them 5 years before she is free to try and get enough evidence, there is no time line for a murder charge

 

[lawlady84]

I don't think they could charge her with neglect of Caylee then murder later - it would be surrounding the same "crime." They might let her off the neglect charge instead of giving up the future murder/manslaughter. Or lower her bond so she doesn't complain and push the arraignment forward.

 

[Sherbie]

That is just not true, Kat. They can only charge you with a specific crime ONCE...but they can try her on neglect and then charge her with murder later. This is the same anywhere in this country. It's called double jeopardy. The reason behind this important right (guaranteed by our Bill of Rights) is to keep the "State" from trying you, you getting off, and then dogging you for years until they trump up evidence against you.

But being convicted of child neglect does not mean you cannot be charged with murder later. The only way it would is if they charged you with the death of Caylee through neglect...then double jeopardy would apply. Just FYI.

Hi Tracy,

There was a guest attorney on Greta (I believe it was) within the past couple of nights. He said that if someone is tried on a lesser crime that is part and parcel of a more serious crime, they can't then go back and charge them with the higher crime later because it's all part of the same event or crime, in essence.

In other words, he was saying that if Casey were tried for the current charges before they could file murder charges against her, she couldn't then also be charged and tried for the related, higher offense (murder) later on. Not sure whether he was correct, but that's what I took from what he said.

 

[Marina2]

That is just not true, Kat. They can only charge you with a specific crime ONCE...but they can try her on neglect and then charge her with murder later. This is the same anywhere in this country. It's called double jeopardy. The reason behind this important right (guaranteed by our Bill of Rights) is to keep the "State" from trying you, you getting off, and then dogging you for years until they trump up evidence against you.

But being convicted of child neglect does not mean you cannot be charged with murder later. The only way it would is if they charged you with the death of Caylee through neglect...then double jeopardy would apply. Just FYI.

According to this article the child neglect charge and trial would mean they cannot charge her with murder down the line.

http://www.wftv.com/news/17193405/detail.html

"If her attorney asks for a speedy trial, they could be the only charges she ever faces. Florida law prohibits a person from being tried on more serious charges at a later date if the person stands trial for something that's related."

I think it's strange that this loophole exists for Casey.

 

[impatientredhead]

I don't see how Caylee could have been left in the yard with the two little yorkies there. They would smell Caylee and get upset and dig.....

I don't think she buried her out there, I think after whatever happened happened she left briefly, that would be your flurry of calls to make sure no one is on the road and on the way home, she hides her in the playhouse or sandbox, leaves to get supplies, a tarp? who knows, maybe she didn't know what she was going to do at that point. She comes back and moves her to the trunk, and then we know she went to Tony's and no one could tell she was consumed by anything. This being the 16th, and her out in the woods and borrowing a shovel on the 17th.

 

[commongrackle]

She might've borrowed the shovel to try to bury Caylee, then realized it wasn't gonna work. But I think she probably borrowed it to get into the shed to steal the gas so she could use the car to dispose of Caylee somewhere else.

I hadn't thought of that...but yeah...that could be...something else to think of...do we know what sort of damage there was to the shed? Was it padlocked or...? (Sorry if I've missed that...)

 

[Tracy1]

I'm pretty sure its double jeopardy - one crime per incident. If you can't get enough evidence for murder, you can't charge manslaughter then come back years later and try again. Everyone gets their one day in court type of thing

You are absolutely right. They can't charge you with manslaughter and then later charge you with first degree murder because they are both murder charges, just differing degrees.

But they can charge you with child neglect, and then charge murder.

 

[impatientredhead]

According to this article the child neglect charge and trial would mean they cannot charge her with murder down the line.

http://www.wftv.com/news/17193405/detail.html

"If her attorney asks for a speedy trial, they could be the only charges she ever faces. Florida law prohibits a person from being tried on more serious charges at a later date if the person stands trial for something that's related."

I think it's strange that this loophole exists for Casey.

Baez would have to initiate this process though effectively calling LE's bluff, and they would more than likely would bring a murder charge. Better to go to trial and lose than to let her walk on a loophole. That is not happening.

 

[lawlady84]

Clint House is being attacked on his facebook by a FOT (friend of Tony's).

WOW good find!

But do you see this Ben kid, I am so intimidated by him! His dad worked on obamas "campane!" Talk about power and influence.... [sorry this case is making me even more of a jaded new yorker than i was before)

 

[kathyn2]

All I can say is to go read the Florida law over at wftv.com They have it there and they said if they don't charge her now along with this other charge before trial she will get off scott free. (except for the neglect charge).

That is just not true, Kat. They can only charge you with a specific crime ONCE...but they can try her on neglect and then charge her with murder later. This is the same anywhere in this country. It's called double jeopardy. The reason behind this important right (guaranteed by our Bill of Rights) is to keep the "State" from trying you, you getting off, and then dogging you for years until they trump up evidence against you.

But being convicted of child neglect does not mean you cannot be charged with murder later. The only way it would is if they charged you with the death of Caylee through neglect...then double jeopardy would apply. Just FYI.

 

[housemouse]

Does anyone suppose Casey has taken a lesson from the Joran Der Vanderslote (sp?) situation?

 

[lilacwine]

This was my initial thought... but I've never heard of the dogs hitting there, have you? Wouldn't they?

 

[Tracy1]

According to this article the child neglect charge and trial would mean they cannot charge her with murder down the line.

http://www.wftv.com/news/17193405/detail.html

"If her attorney asks for a speedy trial, they could be the only charges she ever faces. Florida law prohibits a person from being tried on more serious charges at a later date if the person stands trial for something that's related."

I think it's strange that this loophole exists for Casey.

Wow..that is just strange. I am going to research it because that is nuts. For instance, if you were charged with child abuse (endangering) because you hit a child, and then later the child died from the hit, you certainly could be charged with murder. I will check it all out. Interesting and good post, Kat.

 

[kathyn2]

LOOPHOLE COULD ALLOW CASEY TO BEAT SYSTEM

A loophole could allow Caylee Anthony's mother to beat the system. She's still only facing charges of child neglect and giving false statements.

If her attorney asks for a speedy trial, they could be the only charges she ever faces. Florida law prohibits a person from being tried on more serious charges at a later date if the person stands trial for something that's related.

"If you lose a kid and that results in a child's death, that's one and the same case, because those are manslaughter charges," said board-certified trial attorney Richard Hornsby.

If Casey was found guilty of child neglect, she would only serve up to five years in prison versus a maximum of life for murder. Still, detectives have never said that Caylee Anthony is dead or that Casey is under investigation for murder or manslaughter.

 

[Patty G]

I can't wait for Greta, you know she will have some new facts

And I hope she looks at the calendar to check the date for Father's Day because she kept saying June 16th on Father's Day ....

 

[QuickAttack]

WOW good find!

But do you see this Ben kid, I am so intimidated by him! His dad worked on obamas "campane!" Talk about power and influence.... [sorry this case is making me even more of a jaded new yorker than i was before)

Yeah, but look at his friends...they're all the old DBC gang.

He's not intimidating, but I worry about Clint, if Tony's got his little buddies willing to try to find Clint and hurt him.

 

[FLbeachdawg]

Well now that we may have a hurricane coming this way, I really hope that if Casey knows where Caley is, and she is possibly alive (like as in just hiding her from GM & GP), that the potential for this hurricane hitting will cause Casey to think twice about Caylee's safety, and tell us all where she is.

Are you serious? There is a hurricane coming this way? WTH? I spend so much time consumed by this case, I've neglected to even look at the weather channel! Geez...I better go look into that!

 

[Tracy1]

Does anyone suppose Casey has taken a lesson from the Joran Der Vanderslote (sp?) situation?

The old "No body, No case"??? I had not even thought of that. That was, is, a horrible case. I remember when Paulus said that to Joran, and it made me sick.

I do think that they have enough circumstantial evidence to convict her. I am counting on them having at least triple the evidence that we are privy to.

I hope so, anyway. Good comparison!