Casey Anthony defense again argues against death penalty aggravators
http://www.orlandosentinel.com/news/...,4889737.story
snipped:
The documents received by Orange-Osceola Chief Judge Belvin Perry's office Friday reiterate earlier arguments about the constitutionality of three aggravating circumstances that prosecutors want to use to win a death sentence.
One speaks about a capital felony — the murder — being committed while Anthony engaged in another felony, in this case aggravated child abuse.
The defense argues that when examining if an aggravator might be overbroad, "the Court looks to whether there is a risk that the statute will result in capricious or arbitrary imposition of death."
The legal team goes on to say this particular aggravator "fails to narrow the class of death eligible persons in a meaningful way, and thereby allows arbitrary and capricious application of the death penalty."
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My posts are my opinion only.
Posted yesterday in Todays News - AZLawyer, please tell me this doesn't make any sense to you either!
And in the manner of penalties, can you remind me why the Defense is admitting to aggravated child abuse rather than "just" capital felony - or is the difference "just" the death penalty?
Admitting to one offense while arguing another one seems to be a weird for the Defense to be doing after two years of shouting to the Heavens that "our client in innocent and we will prove it when we go to trial".
Any comments you have would be greatly appreciated.