Prosecutors won't seek death penalty UPDATE Or will they?

[Coley]

Cite the statute in Florida that requires LE and/or prosecutors to provide (leak) their evidence to the media ahead of trial.

NOT ALL OF IT. Was the FBI listed in that statute? Just like Judge SS said, he can't force or order the FBI to do anything. This right here is why JB has not even laid an eye on the "hair". Also, LE or FBI won't release something that could hinder their investigation.

You say "ahead of the trial". What exactly is ahead? In a month that would still be considered ahead. They could release evidence at the 12th hour.

 

[okiedokietoo]

If they had a witness that saw the murder that would be different IMO no body and no witness = a case very hard to apply DP. They have enough evidence to charge Murder and I believe as far as juries go, life in prison is a lot easier to decide that DP. The A's might be celebrating but I think no DP makes Life in Prison a real possibility.

 

[trac]

PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 119
PUBLIC RECORDS View Entire Chapter

119.01 General state policy on public records.--

(1) It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency.

(2)(a) Automation of public records must not erode the right of access to those records. As each agency increases its use of and dependence on electronic recordkeeping, each agency must provide reasonable public access to records electronically maintained and must ensure that exempt or confidential records are not disclosed except as otherwise permitted by law.

(b) When designing or acquiring an electronic recordkeeping system, an agency must consider whether such system is capable of providing data in some common format such as, but not limited to, the American Standard Code for Information Interchange.

(c) An agency may not enter into a contract for the creation or maintenance of a public records database if that contract impairs the ability of the public to inspect or copy the public records of the agency, including public records that are online or stored in an electronic recordkeeping system used by the agency.

(d) Subject to the restrictions of copyright and trade secret laws and public records exemptions, agency use of proprietary software must not diminish the right of the public to inspect and copy a public record.

(e) Providing access to public records by remote electronic means is an additional method of access that agencies should strive to provide to the extent feasible. If an agency provides access to public records by remote electronic means, such access should be provided in the most cost-effective and efficient manner available to the agency providing the information.

(f) Each agency that maintains a public record in an electronic recordkeeping system shall provide to any person, pursuant to this chapter, a copy of any public record in that system which is not exempted by law from public disclosure. An agency must provide a copy of the record in the medium requested if the agency maintains the record in that medium, and the agency may charge a fee in accordance with this chapter. For the purpose of satisfying a public records request, the fee to be charged by an agency if it elects to provide a copy of a public record in a medium not routinely used by the agency, or if it elects to compile information not routinely developed or maintained by the agency or that requires a substantial amount of manipulation or programming, must be in accordance with s. 119.07(4).

(3) If public funds are expended by an agency in payment of dues or membership contributions for any person, corporation, foundation, trust, association, group, or other organization, all the financial, business, and membership records of that person, corporation, foundation, trust, association, group, or other organization which pertain to the public agency are public records and subject to the provisions of s. 119.07.

 

[Wudge]

NOT ALL OF IT.

SNIP

Cite the statute in Florida that requires LE and/or prosecutors to release any evidence to the media prior to trial?

 

[indicat]

PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 119
PUBLIC RECORDS View Entire Chapter

119.01 General state policy on public records.--

(1) It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency.

(2)(a) Automation of public records must not erode the right of access to those records. As each agency increases its use of and dependence on electronic recordkeeping, each agency must provide reasonable public access to records electronically maintained and must ensure that exempt or confidential records are not disclosed except as otherwise permitted by law.

(b) When designing or acquiring an electronic recordkeeping system, an agency must consider whether such system is capable of providing data in some common format such as, but not limited to, the American Standard Code for Information Interchange.

(c) An agency may not enter into a contract for the creation or maintenance of a public records database if that contract impairs the ability of the public to inspect or copy the public records of the agency, including public records that are online or stored in an electronic recordkeeping system used by the agency.

(d) Subject to the restrictions of copyright and trade secret laws and public records exemptions, agency use of proprietary software must not diminish the right of the public to inspect and copy a public record.

(e) Providing access to public records by remote electronic means is an additional method of access that agencies should strive to provide to the extent feasible. If an agency provides access to public records by remote electronic means, such access should be provided in the most cost-effective and efficient manner available to the agency providing the information.

(f) Each agency that maintains a public record in an electronic recordkeeping system shall provide to any person, pursuant to this chapter, a copy of any public record in that system which is not exempted by law from public disclosure. An agency must provide a copy of the record in the medium requested if the agency maintains the record in that medium, and the agency may charge a fee in accordance with this chapter. For the purpose of satisfying a public records request, the fee to be charged by an agency if it elects to provide a copy of a public record in a medium not routinely used by the agency, or if it elects to compile information not routinely developed or maintained by the agency or that requires a substantial amount of manipulation or programming, must be in accordance with s. 119.07(4).

(3) If public funds are expended by an agency in payment of dues or membership contributions for any person, corporation, foundation, trust, association, group, or other organization, all the financial, business, and membership records of that person, corporation, foundation, trust, association, group, or other organization which pertain to the public agency are public records and subject to the provisions of s. 119.07.

Thank you trac!!

 

[mydailyopinions]

Cite the statute in Florida that requires LE and/or prosecutors to provide (leak) their evidence to the media ahead of trial.

No matter what situation you are in with crimes, something is going to be leaked. It could come from anywhere, someone could just be cleaning an office and stumble on a document, someone could be looking over the shoulder of someone receiving emails, anything can cause leaks.
Regardless, all the evidence is not out yet. The reports clearly say preliminary. People talk, people listen when they shouldn't and that will never be stopped, regardless of who you are, or what your official standing is in this land.

The evidence that has come out thusfar is strickly because of the Sunshine Law. The defense knows this as well, they were fully aware of the situation before they ask for it.
Either way, jury in Orlando, jury in Tampa, jury in Tallahassee, jury in Tim Buck Too will hear all the same evidence that will lead to life in prison for this chick.

 

[Coley]

If they had a witness that saw the murder that would be different IMO no body and no witness = a case very hard to apply DP. They have enough evidence to charge Murder and I believe as far as juries go, life in prison is a lot easier to decide that DP. The A's might be celebrating but I think no DP makes Life in Prison a real possibility.

This is just to ponder:

Who is to say there isn't a witness?
Who is to say that it was an accident and someone didn't witness something that resulted in her demise?


Why waste the State of Florida's taxpayers money on the DP when jury's do not usually favor the DP for women? Maybe they researched jury's and women receiving the DP? She has no criminal history. Why would they request the DP?

 

[Wudge]

If they had a witness that saw the murder that would be different IMO no body and no witness = a case very hard to apply DP. They have enough evidence to charge Murder and I believe as far as juries go, life in prison is a lot easier to decide that DP. The A's might be celebrating but I think no DP makes Life in Prison a real possibility.

Murder one requires clear and unyielding inculatory evidence that proves: intent, planning, deliberation and malice aforethought? What is that evidence?

 

[Coley]

Cite the statute in Florida that requires LE and/or prosecutors to release any evidence to the media prior to trial?

Cite where it say something PERIOD that they have to tell all of the evidence? Hell why even have a trial and just go to sentencing?

 

[impatientredhead]

Murder one requires clear and unyielding inculatory evidence that proves: intent, planning, deliberation and malice aforethought? What is that evidence?

In Florida that is NOT the definition of murder one. The link to the statutes is in the sticky posts.

 

[Wudge]

No matter what situation you are in with crimes, something is going to be leaked. It could come from anywhere, someone could just be cleaning an office and stumble on a document, someone could be looking over the shoulder of someone receiving emails, anything can cause leaks.
Regardless, all the evidence is not out yet. The reports clearly say preliminary. People talk, people listen when they shouldn't and that will never be stopped, regardless of who you are, or what your official standing is in this land.

The evidence that has come out thusfar is strickly because of the Sunshine Law. The defense knows this as well, they were fully aware of the situation before they ask for it.
Either way, jury in Orlando, jury in Tampa, jury in Tallahassee, jury in Tim Buck Too will hear all the same evidence that will lead to life in prison for this chick.

The answer is that Florida does not have a statute that requires LE and/or prosecutors to provide the media with any evidence ahead of trial.

 

[mydailyopinions]

Murder one requires clear and unyielding inculatory evidence that proves: intent, planning, deliberation and malice aforethought? What is that evidence?

Wudge, wait until trial, all the evidence is not out yet..
Right now, with Casey's own statements, they can prove her intent NOT to find her daughter..I am sure they can prove any intent you don't think they have.

 

[indicat]

The answer is that Florida does not have a statute that requires LE and/or prosecutors to provide the media with any evidence ahead of trial.

wait...trac posted the statute did you not see it? Are you saying the Sentinal that requested it be released under the Sunshine Law and then was able to obtain said documents was a figment of imagination?

 

[Jolynna]

Murder one requires clear and unyielding inculatory evidence that proves: intent, planning, deliberation and malice aforethought? What is that evidence?

I think the computer forensics will show exactly that.


IMO

 

[butwhatif?]

I am anti-DP in general so I have no problem with this development. But I think it was a wise choice, because imo, without a body and COD, it will be hard for a jury to convict her if they know she is up for the DP. I think this will make a conviction much easier.

I was thinking along those same lines too.
But whats COD? (obviously not cash on delivery, lol)
certificate of death?

 

[mydailyopinions]

The answer is that Florida does not have a statute that requires LE and/or prosecutors to provide the media with any evidence ahead of trial.

You are 100% correct, unless you are not talking about the sunshine law, otherwise, you are 100% wrong, but you must also remember that they have as individuals a first amendment right to free speech, There is no gag order in effect, nor has there been since the beginning. Florida may not have a law allowing leaks before a trial, but the United States of America allows anyone involved not being held up by a gag order to leak whatever they like, wrong or right, its their right.,:blowkiss:

 

[Wudge]

Wudge, wait until trial, all the evidence is not out yet..
Right now, with Casey's own statements, they can prove her intent NOT to find her daughter..I am sure they can prove any intent you don't think they have.

Under what premises would proving intent not to find her daughter (an action after the fact), prove intent to murder before the fact; i.e., prior to the alleged murder itself?

 

[Coley]

I was thinking along those same lines too.
But whats COD? (obviously not cash on delivery, lol)
certificate of death?

Cause Of Death

 

[Wudge]

wait...trac posted the statute did you not see it? Are you saying the Sentinal that requested it be released under the Sunshine Law and then was able to obtain said documents was a figment of imagination?

Of course not. For no statute exists that requires LE and/or prosecutors to give the media any evidence whatsoever prior to trial.

 

[alwaysonmymind]

In Florida, every person has been granted the Constitutional right to inspect or copy any public record with some exemptions, and the Sunshine Law provides a right of access to government proceedings at both the state and local levels. These essential laws afford citizens of our state the ability to see behind the curtain of government and remain involved in the processes that affect their lives. Without this access there is little accountability, and accountability is vital for good government.

http://myfloridalegal.com/sunshine

:sunshine: :sunshine: :sunshine: