I haven't read to the end of this thread so I don't know if anyone has asked. I know she'll probably get out on Thursday, due to time served on her lying to the police charges. I know if JP goes overboard and sentences her to serve her time consecutively, she could probably appeal and win.
But....any chance the judge could sentence her to a year or two of probation on top of her time served? I wonder if she could adhere to some of the standard rules, like no alcohol in the house, random urine tests, etc.
Yes, he could do that, and I think she will start her probation on the check charges when she's released anyway.
Has a "verdict" of not guilty, ever been overturned, in a Capital Murder case? If the Jury was improperly instructed, or failed to be adequately instructed, to understand fully the high standard of "reasonable doubt"?
ETA What about Jury Tampering? Has that ever been proven and is it grounds to overturn a verdict?
I also don't think Mr. Mason should have been allowed to take so much time explaining what "reasonable doubt" is. He is not the Judge. I heard Judge Alex Feraire say tonight, that he also, didn't agree, that Baez should have been allowed to yell at the jurors about all the resonable doubt, what it is, and what they should do.
Thanks to All....
No, a jury verdict of not guilty cannot be appealed or overturned. Also, there was nothing wrong with the jury instructions that I could see.
There is zero evidence of jury tampering. None at all. Jury tampering by the defendant defense team might be grounds to declare the entire proceeding void. But that Will. Not. Happen.
I see nothing wrong with talking about reasonable doubt in a closing statement. I think Mason's chart won the case for the DT.
Can GA and CA still have ICA charged with stealing from them, and can they sue her to recover stolen monies? (Assuming they could overcome their codependency and/or get sufficiently outraged if she is swanning around flush with cash while they live twilit lives of poverty and sorrow.) Can SP still press charges? Or is there a statute of limitations that would prevent this?
If they did, and she was guilty of further felony fraud/theft charges, would she go to prison again?
CA, GA, and SP can't make anyone charge her, because they are not prosecutors. The statutes of limitation for both criminal and civil actions have probably passed in any event. They can still make police reports if they want to, but if the deadlines have passed to prosecute there is not much point.
Only read back a few pages....Humor me...Obstruction of Justice/Impeding Investigation?
We're tenacious little buggers, aren't we??? LOL
Thanks...I'm betting the answer is a resounding NO!!
I just don't think the State will be interested in investigating all the little things the A family might or might not have done at this point.
At the time the trial was scheduled for the CHECK FRAUD, it was discussed that the timing of this trial (before murder trial) was very advantageous to the State since Casey would then be a Convicted Felon by the time this trial started.
So I keep hearing a possibility of 4 years for the guilty verdicts she did receive yesterday, but will the fact that she was a Convicted Felon at the time she was convicted yesterday affect her sentencing?
Did I make sense? I am still foggy headed and wondering if yesterday really happened? :waitasec:
I think those felonies would change the minimum but not the maximum.
Hi AZLawyer, would you please comment on the following quote and is Baez going to get into hot water with the Judicial Body that approves expenses when Baez was apparently being frivolous with their funds on investigative costs for investigating people who apparently did not need to be investigated?
No, the SA motion is about the costs of investigating Casey's lies to LE. Frankly, I don't think the State spent that much money or time figuring out that Casey's story was a lie.
Hi, was wondering if Cheney Mason could get reprimanded by the Florida Bar and/or JBP for his little "gesture" to the media yesterday?
Although this happened after the verdict was read and during the disgusting celebration of the Defense team..Can Cheney Mason get in trouble for giving the finger to the media??
Yes.
Could Casey have confessed to an accident, provided a detailed deposition, evidence perhaps, before the murder 1 trial?
Yes. But she had no obligation to do so.
Hoping you can answer for me: if her "time served" was applied to her check fraud charges, can those days served also be used for the lying-to-LE conviction? In other words, can she use that time twice, for two separate sets of crimes, even though the crimes were not related?
Or, could the lying-to-LE time run consecutive to the check fraud sentence?
HHJP could do it either way.
Lawyers, something just hit me and I have to ask should this arise.
What happens when ICA is released and she tells her parents that she wants Caylee's Ashes?
If CA refuses to give them to her, will she have any type of legal recourse?
I would hope that she never gets them as they might end up right back in the woods. Sry. TIA
They are hers IMO. If she gave them any rights, I am sure she can get those rights back.
If I recall, during the pre-trial phase the court ruled that the video of KC viewing the televised finding of Caylee's remains would be sealed and could not be used during the trial. I cannot recall the reason but presume it was deemed prejudicial in some way.
Could that video be released now? Could the news media, always happy to go after hidden stuff, file a motion to have that unsealed now?
The media can file a motion and I hope they do.
If JP think KC is indeed guilty of murder, can he say that to her during the sentencing? Is he legally allowed to give his opinion after the fact?
TIA
He may be "legally allowed" to do so, but it would be unprofessional and would unnecessarily suggest bias regarding the sentencing for the lying to LE counts.
I wanted to ask a question ( and excuse me if it has already been answered )but as Cindy was suppose to have gotten an exclusive Legal " trademark to the name of Caylee Marie Anthony and or phrase of Justice for Caylee. Now that the Trial is over, can there be any Law suits against anyone that uses the name or phrase? Do we need to start using other words to talk about this case in the future?
She didn't get a trademark IMO. I haven't seen it anyway, and it would have been an error for anyone to grant a trademark to her. What I think she did was to use a Florida statute to threaten others (on Casey's behalf) to quit using Caylee's name
for commercial (money-making) purposes.
And who owns the pictures/videos of Caylee that are still at the Anthony house or in CA's possession somewhere? Who would get to make money from them--KC or CA?
Whoever took the photos/videos owns them.
Some Of The Jurors Have Now Made Various Statements.
So What Was The Minimal Charge They Could Have Found ICA Guilty Of.
Involuntary Manslaughter, Criminally Negligent Homicide, Or Voluntary Manslaughter ?
~ If They Believe Accident ? Or Each Of These Must Be 'Of A Child' ?
Or Was There No Option Of Finding ICA Guilty Of An Accidental Offense ?
Could They Have Found Her Guilty Of A Crime Regarding The Death Of Her Daughter
In Which ICA Potentially Could Have Been Sentenced To Very Little Time ? { Say 5 Years Or Less }
Is There Any Way She Can Now Be Charged With Any Offenses That Were
Not Listed In The Original Indictment ? But That The Jury Did Not Have The Opportunity
To Find ICA Guilty On ?
Was There Any Charge That They Could Deliberate On And Find Her Guilty Of If They Did Not Believe That She Alone Caused The Death Of Her Daughter ? I Am Thinking Of The Lesser Includeds Here ~ I Just Dont Know What They Are. Did They Really Have A Full Range Of Options Available To Them ~ It Seems They Really Felt This Was Accidental. In The Indictment I Know The Child Abuse Charge Is Aggravated ~ No Chance For Accident With That One. ~ Hope This Makes Sense.
They could have found her guilty of manslaughter, which would be consistent with an "accident" that was nevertheless Casey's fault. The process of calculating the minimum sentence in Florida is quite complicated and depends upon the specific characteristics of the crime and the defendant, but the minimum for manslaughter for Casey would probably be somewhere in the 5-7 year range.
She cannot be charged with any new charges relating to Caylee's death.
Is there some kind of charge that could have or should have been brought about disposing of a body? I really don't know the law about this but even if it were an accident (which I don't believe) is it even legal to dump a body?
Suppose my husband were diagnosed with congestive heart failure and it was documented by his doctors, and he came home from the hospital and died in his sleep at home with me. If I decided to hide his body in the backyard and not report his death, wouldn't that be a crime even though I didn't cause the death?
Wouldn't disposing of little Caylee's remains be a criminal act?
I haven't found any Florida statute on this yet.