Mitigating - Aggravating Factors- General Information the penalty phase

[OneLostGrl]

Ok there was some intersting stuff in there. For the first day of the penalty phase it was a parade of character witnesses for Peterson. Mostly don't kill him because he is a good guy.

IIRC it was a pretty short parade.

 

[JBean]

Other mitigating factors to spare the dp could be:

1) No previous history w/the law (prior to 7/08)
2) "Good Parent" as reported by many friends and relatives
3) No evidence of violent behaviors in the past
4) "Good ?" student (I am guessing since she was close to graduating)
5) "Employed for a period of time" - except she just didn't show back up to work
6) No previous CPS reports (until after Caylee missing) - again I am assuming
7) Had long term relationships (ie: friends & neighbors) in the community prior to 7/08.
8) Has support of friends and family (at least GA, CA, & LA)
9) Has positive attributes in which she could still be a contributing member of the prison society (ie: likes to clean house and cook for others)

ps: don't beat me up please - just offering ideas

I totally agree with you except #1 to a degree. I think the upcoming and probable felony convictions will be an aggravating factor.

 

[CarrieK]

I totally agree with you except #1 to a degree. I think the upcoming and probable felony convictions will be an aggravating factor.

I don't think that the check fraud conviction (assuming there will be one here) can be used as an aggravating factor because she was not a convicted felon when she committed the murder, but rather, she would have become a convicted felon after she committed the murder but prior to her murder trial. I did a little looking around and found this:

There are fifteen aggravating circumstances set forth in Florida Statute § 921.141(5), the first is pertinent here:

¹(a) The capital felony was committed by a person previously convicted of a felony and under sentence of imprisonment or placed on community control or on felony probation. (found this at: http://www.leg.state.fl.us/Statutes/index.cfm)

When Casey committed the murder, she was not a previously convicted felon, nor was she under sentence of imprisonment or placed on community control or on felony probation.

I am not a lawyer (yet!) but the way I read this is that since she wasn't already a convicted felon when she committed the murder, it cannot be used as an aggravating circumstance to convict her of 1st deg murder.

 

[JBean]

I don't think that the check fraud conviction (assuming there will be one here) can be used as an aggravating factor because she was not a convicted felon when she committed the murder, but rather, she would have become a convicted felon after she committed the murder but prior to her murder trial. I did a little looking around and found this:

There are fifteen aggravating circumstances set forth in Florida Statute § 921.141(5), the first is pertinent here:

¹(a) The capital felony was committed by a person previously convicted of a felony and under sentence of imprisonment or placed on community control or on felony probation. (found this at: http://www.leg.state.fl.us/Statutes/index.cfm)

When Casey committed the murder, she was not a previously convicted felon, nor was she under sentence of imprisonment or placed on community control or on felony probation.

I am not a lawyer (yet!) but the way I read this is that since she wasn't already a convicted felon when she committed the murder, it cannot be used as an aggravating circumstance to convict her of 1st deg murder.

Oh thank you that is interesting infoirmation.
I think if they can get the information in sideways they will.

 

[CarrieK]

Oh thank you that is interesting infoirmation.
I think if they can get the information in sideways they will.

I am sure you're right JBean. They'll get it in somehow, considering the commission of the check fraud was done while she was "investigating" Caylee's disappearance! It has to come into play somewhere.

 

[logicalgirl]

I look for several of these to applied.

1. She has no history of violent crimes.
2. They could probably come up with a history of instability.
5. The family feuding and the jealousy that KC felt over not being able to parent her child caused duress.
6. A psycotic break could be applied here.
7. Age of defendent. KC was young, she never maintained her own household and was never allowed to be a full parent to her own child.
8. The family background and dysfunctions would fit in here.

IMO

Wouldn't that be a speedy psychotic break because she was on video renting movies at six that night?
I also have trouble with number 7 - was never "allowed" to be a full parent to her own child. Casey seemed to be "willful" enough to pretty much get anything she wanted. I think she simply didn't want the day to day parenting of Caylee. As my daughter would say - "how fun was that?" Re family background and dysfunctions - pretty mild compared to what the courts see these days.

 

[cloud]

So do you think they will just paint a picture of someone that had some sort of break from reality and even though she is guilty,she doesn't remember or understand?

What I am struggling with is exactly how they fight the death penalty while not admitting guilt. That is why I was trying to refernce SP's trial. because as you will recall, he still maintians his innocence but had to come up with reasons why he should not be put to death without denying guilt. KWIM?

Sorry to chime in before reading all the following posts, but I thought that SP's conviction involved "special circumstances", hence the DP.

Are there "special circumstances" involved in the case against KC? I don't know - just asking. I could research it, but hoped someone could help from a legal perspective.

I'll just read on, and maybe find out.

Thanks,

 

[cloud]

There are seventeen aggravating factors in Florida. Here are the ones I think that apply. Sorry if this has been posted elsewhere here. The rest are in the link provided below.

(1)The murder was especially heinous, atrocious, cruel, or depraved (or involved torture)

(4) The defendant committed the murder after substantial planning and premeditation

(11)The victim of the capital felony was a person less than 12 years of age

(12)The victim of the capital felony was particularly vulnerable due to disability, or because the defendant stood in a position of familial or custodial authority over the victim

(16)The capital felony was a homicide and was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification

http://www.deathpenaltyinfo.org/aggravating-factors-capital-punishment-state

Several of those, if not all, apply in this case, IMHO.

 

[cloud]

So, maybe when i was kidding around when i said they might present and "IF she did it" scenario i was not so far off?
I just can't see them alluding to an accident if they have just put on a SODDI defense.
I think they will avoid the issue of guilt or innocence in the penalty phase altogether and just try and paint KC in a human light, one with defects and all, but still a young mom with no history of child abuse. Then perhaps a handful of charcater witnesses confirming how much she loved Caylee. jmho of course.

I wonder how the defense will enlighten us on JB's statement, early on, that when they will reveal the truth, everyone will have an AHA moment... and understand it all (and supposedly exonerate his client). All words to that effect, but it's all there in cyberspace...

Note to self: links to reorganise after computer update. :banghead:

JMHO

 

[JBean]

Sorry to chime in before reading all the following posts, but I thought that SP's conviction involved "special circumstances", hence the DP.

Are there "special circumstances" involved in the case against KC? I don't know - just asking. I could research it, but hoped someone could help from a legal perspective.

I'll just read on, and maybe find out.

Thanks,

I think those would be the aggravating factors and yes they have them in this case and that is why they are asking for the DP,imo.

 

[sleutherontheside]

There are a number of threads discussing specific factors considered in mitigation......family dynamic, abuse, drug abuse, mental health, etc....We have discussed the differences between aggravation and mitigation.


In Andrea Lyon's own words...."Aggravation.....a reason to kill". Mitigation a reason to punish with less than death."* Those words were spoken by her in one of her Depaul lectures.*Given that a life is on the line, mitigation efforts work to uncover reasons to show the jury that the accused has value, and to "tell the story" of how they got to "here".*She goes on to explain that most jurors hear the word mitigation and interpret that as an "excuse" from the defense.* In fact, she is known to ask that the judge specifically point out the definition.* Her main goal in sentencing, is to move past the guilt or innocence issue and to give the jurors a reason to punish with less than death.That said, there is an entire team she uses to help develop the mitigation strategy, the plan, the "story".* She uses an investigator, a mitigation specialist, and other support staff to gather info, evaluate it, analyze it and extract from it what they feel will be "reason" for the jury to justify life in prison instead of death as punishment. Typically Andrea Lyon comes in after a trial or during appeals.* For whatever reason, she is on board during the initial trial phase for KC.* So while preparing for the complexities of trial, she is preparing to fight for her life clients in the event of a guilty verdict.**Let's explore the "art" of mitigation and specifically, Andrea's team approach to saving a life.* I have some info I will post on this subject and there is much out there I haven't gathered yet.* Let's work together to profile mitigation "AL style".BTW.....welcome visitors.....don't lurk.....join us, sign up and become a part of the family.* We want to hear what you have to say.

 

[cloud]

There are a number of threads discussing specific factors considered in mitigation......family dynamic, abuse, drug abuse, mental health, etc....We have discussed the differences between aggravation and mitigation.


In Andrea Lyon's own words...."Aggravation.....a reason to kill". Mitigation a reason to punish with less than death."* Those words were spoken by her in one of her Depaul lectures.*Given that a life is on the line, mitigation efforts work to uncover reasons to show the jury that the accused has value, and to "tell the story" of how they got to "here".*She goes on to explain that most jurors hear the word mitigation and interpret that as an "excuse" from the defense.* In fact, she is known to ask that the judge specifically point out the definition.* Her main goal in sentencing, is to move past the guilt or innocence issue and to give the jurors a reason to punish with less than death.That said, there is an entire team she uses to help develop the mitigation strategy, the plan, the "story".* She uses an investigator, a mitigation specialist, and other support staff to gather info, evaluate it, analyze it and extract from it what they feel will be "reason" for the jury to justify life in prison instead of death as punishment. Typically Andrea Lyon comes in after a trial or during appeals.* For whatever reason, she is on board during the initial trial phase for KC.* So while preparing for the complexities of trial, she is preparing to fight for her life clients in the event of a guilty verdict.**Let's explore the "art" of mitigation and specifically, Andrea's team approach to saving a life.* I have some info I will post on this subject and there is much out there I haven't gathered yet.* Let's work together to profile mitigation "AL style".BTW.....welcome visitors.....don't lurk.....join us, sign up and become a part of the family.* We want to hear what you have to say.

It's obvious what AL is trying to do, and I must say I don't disagree with the ultimate effect. I've never supported the DP on principle because, IMO, it's legalised murder. HOWEVER.

When a mother murders a child for whatever reasons (especially if they spring from resentful, revengeful, angry mode motivated by a lifetime of ugly attitude, one can't just be expected to look the other way and say oh, well... how sad, how bad... move on.

Every life is important, no matter what. A child's life... it hits the top scale. To take it is not just criminal, but heinous and evil. To dismiss it as some sort of a result of a family dispute is beyond my vocabulary, or words I choose not to use.

The mitigating factors come in - she was not ready for a child, she was bossed around by her mother and was expected to be a virgin - reference CA's statement on published record: she would had to have sex to be pregnant (words to that effect).... Well, hello nurse and mother! (JMO, of course).

End of story - a two-year old ends up in a trash bag down the street from where she lived her short life.

That's enough.

JMHO

 

[cyberborg]

...and didn't Todd M. give us a preview of that...and isn't he gone now?

I think you are referring to Lenamon (TL) who put together the 30+ page dossier on KC, against the first DP sentence --- in which he cited accidental overdose as a possibility IIRC.

TL moved on after his mission was complete. He had a major difference in strategy with JB and started a blog on understanding filicide.

http://www.deathpenaltyblog.com/

Terry Lenamon is Casey's New Atty. **REVISTED**
[ame="http://www.websleuths.com/forums/showthread.php?t=73588"]Terry Lenamon is Casey's New Atty. **REVISTED** - Websleuths Crime Sleuthing Community[/ame]


Media announcement:
http://www.wftv.com/news/17772386/detail.html

 

[JBean]

So now do we have felonies as an aggravting factor?

 

[whiteangora]

SA wants defense to reveal mitigating factors.
http://www.wesh.com/news/23488034/detail.html

I don't see the actual motions posted yet, but this was in tonight's news. The SA has revealed the aggravating factors that will allow them to seek the death penalty.
"The filing came in response to a motion by Anthony's defense team requesting the state be compelled to outline which circumstances it's going to argue" (snipped from article)
Florida has 15 aggravating factors/circumstances, the SA has said that Casey has met 4 of them:

• The capital felony involved aggravated child abuse
• It was premeditated
• The victim was under the age of 12
• The defendant was the victim's parent (snipped from article)
• The SA may use 2 others that they may or may not try to prove.

In a second filing, the state requested what Hornsby called a "tit for tat." Prosecutor Jeff Ashton asked that the court compel the defense to reveal the mitigating circumstances it will try to prove to argue against the death penalty. (snipped from article)
More from link
http://www.wesh.com/news/23488034/detail.html

 

[ZsaZsa]

SA wants defense to reveal mitigating factors.
http://www.wesh.com/news/23488034/detail.html

I don't see the actual motions posted yet, but this was in tonight's news. The SA has revealed the aggravating factors that will allow them to seek the death penalty.
"The filing came in response to a motion by Anthony's defense team requesting the state be compelled to outline which circumstances it's going to argue" (snipped from article)
Florida has 15 aggravating factors/circumstances, the SA has said that Casey has met 4 of them:

• The capital felony involved aggravated child abuse
• It was premeditated
• The victim was under the age of 12
• The defendant was the victim's parent (snipped from article)
• The SA may use 2 others that they may or may not try to prove.

In a second filing, the state requested what Hornsby called a "tit for tat." Prosecutor Jeff Ashton asked that the court compel the defense to reveal the mitigating circumstances it will try to prove to argue against the death penalty. (snipped from article)
More from link
http://www.wesh.com/news/23488034/detail.html

A round of applause for the SA !

 

[whiteangora]

A round of applause for the SA !

I can hardly contain myself just thinking about the response this request will produce.

 

[ZsaZsa]

They hit really hard on the fact that the prosecution couldn't present any real evidence of cause of death. JB is already doing that. So prosecution can offer a theory on murder/death and convince a jury that it was murder and get a conviction, but there is still the question in the air of how it was done.

If there is a conviction then defense can admit to an "accident" and KC panicking and not knowing what to do (remember JB's letter to the prosecutor in Dec of last year, just before Caylee was found? Publicly they were saying she was alive, but in the letter JB hinted at an accident.) She lost touch with reality, felt guilt in the death like many parents do after an accident, then made a fantasy that explained the death (for herself) and absolved herself of the guilt that she had found overwhelming. The death of course would have caused the psychotic break, not that the psychotic break caused the death.

What they will be working for is that one juror who is reluctant to give a young girl a death penalty. They will work to give that juror a scenario that would bring some sympathy for KC, make the death and even the later actions understandable or at least less heinous. He may not be able to say it was an accident, but he can sure hint and play up the fact that the prosecution didn't prove how she was murdered.

If he dresses her in kiddie clothes for the mitigation I think I will puke.

A couple of photos on display of her at Fusion would quickly disabuse the Jury of the idea she was still a child herself..

 

[sleutherontheside]

I find it hilarious that when Kathi B. asked Cheney Mason which of JS's ruling they would be attempting to overturn....he said....I filed it you can look.* Then Kathi asked him if anyone got a copy ahead of time (likely referring to WESH having copies of motions BEFORE filing).

 

[whiteangora]

What does everyone think about the other 2 aggravating factors the SA may or may not use?
"There are two other aggravating circumstances the state may or may not try to prove. One of them is that the defendant benefited financially from the victim's death. The other is that the alleged slaying was especially heinous, atrocious or cruel."
http://www.wesh.com/news/23488034/detail.html