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

[LeLe1953]

Well then KC will now believe she will beat this..and maybe she will. Maybe she will get out and live the good life after all, without her daughter draggin her down and with her NEW set of parents. She can then play the victim mother forever searching for her daughter in night clubs and in the beds of many men.

IMO KC will never beat this. Her parent's might buy her bullsh!t but I don't think a jury will. NOTHING KC did before, during or after the supposed kidnapping is normal. I don't think any member of the jury could sit back and ask what they would do if they found themselves in the exact situation. They may not know how they would react but they damn sure know how they wouldn't. Clubbing, screwing, stealing probably is not on their list of how they would react.

IF by some china man chance in hell she get's off, I see her life as a true living hell. She will continue down the path of drugs & unprotected sex, ending up with hep C, HIV, AIDS and every other nasty disease known to man............she'll pass it & pass it & pass it.

Can you see any nice young man bringing KC home to meet the parent's? Putting a diamond on her hand? Having a baby with her? NOT ME! I see the best she can do in life is to be a tit!y dancer at some run down, nasty dirty bar in any sailor port like Jacksonville. How will Cindy introduce her princess then? " This is my wonderful daughter KC. She had a beautiful baby girl but lost her in some drug induced phased. She didnt get convicted though. We are so proud she beat the rap & now she dances naked for all the men she can. We are so hoping if she doesn't get the clap she will give us another grand child. Of course we will micro chip that one, just in case, ya know."

Me, I would like to knock the holy crap out of this useless piece of garbage. I hope she knows nothing but horror the rest of her life.

 

[LeLe1953]

What makes everyone think this is not part of a deal and she will now cough up Caylee's location?

WHY? What kind of deal? I do not believe in playing soft ball & all this crappie footsie with criminals. Don't give excuses on how poor your child hood was or mommy didnt keep you on the teet long enough. You think they give a rats behind in some countries what your reasons are? Hell, they stone women for wearing nail polish. What do you think they would do to KC? Tell her she can have the needle if she admits what she did or the chair if she don't.
I am sick to death of the revolving door to prison. Do the crime, do the time, period. I don't care if you want to worship chickens, goats or *advertiser censored* roaches, you loose your rights when you put on the prison stripes. Just as your parents told you you have to earn respect, you need to earn your freedom again. I don't want anyone who doesn't respect my right to life, my right to my stuff, my right to be safe in my neighborhood.

Put the child killer on a plane to any number of middle eastern countries, let her observe their system of justice & I assure you, she WILL give it up & choose a kinder death such as the needle. I now know why some countries still stone as a method of death.

 

[jandkmom]

IMO KC will never beat this. Her parent's might buy her bullsh!t but I don't think a jury will. NOTHING KC did before, during or after the supposed kidnapping is normal. I don't think any member of the jury could sit back and ask what they would do if they found themselves in the exact situation. They may not know how they would react but they damn sure know how they wouldn't. Clubbing, screwing, stealing probably is not on their list of how they would react.

IF by some china man chance in hell she get's off, I see her life as a true living hell. She will continue down the path of drugs & unprotected sex, ending up with hep C, HIV, AIDS and every other nasty disease known to man............she'll pass it & pass it & pass it.

Can you see any nice young man bringing KC home to meet the parent's? Putting a diamond on her hand? Having a baby with her? NOT ME! I see the best she can do in life is to be a tit!y dancer at some run down, nasty dirty bar in any sailor port like Jacksonville. How will Cindy introduce her princess then? " This is my wonderful daughter KC. She had a beautiful baby girl but lost her in some drug induced phased. She didnt get convicted though. We are so proud she beat the rap & now she dances naked for all the men she can. We are so hoping if she doesn't get the clap she will give us another grand child. Of course we will micro chip that one, just in case, ya know."

Me, I would like to knock the holy crap out of this useless piece of garbage. I hope she knows nothing but horror the rest of her life.

That was very funny.

 

[LeLe1953]

That would be great--and the first thing she's done that was honest. We'll see.

I don't see a deal as KC being honest. I see it as her being backed into a corner. If she had any part of her that was honest, moral or christian, she would admit what she had done.

 

[LeLe1953]

CLARIFICATION: I only want the DP to use as a chip to get her to release poor Caylee.

I would LOVE to see her LPWOP. The torture of a narcicist knowing she isn't known, not cared about, no longer news, her "friends" have moved on without her...plus sitting in the waiting room and seeing only 1 parent show up knowing instantly what happened to the other. Harrased, demeaned, belittled, disrespected.

And Caylee's birthday. The day she killed her. The endless nights of precious Caylee coming to her in her sleep.."why Mommy?" I think the punishment fits the crime to a "T".

If she gets LWOP, I want the witch in total, 100 percent isolation. That would drive her mad......insane, just banging her head into the wall 24/7. That would be a good thing.

 

[LeLe1953]

I know, right! Just look at her "happy a$$" (as KC would say) on the jail videos ... for a narcissist to be happy all they need is attention ... she will have plenty of that in prison!

Ah, but look at your picture & look at hers. You are holding a wonderful new born in your arms. KC, even if she gets off, will most likely never have that.

I doubt any man would be dumb enough to lay with her & if they did & she got pregnant I am sure social services would be waiting at the hospital for her.

I have had the joy all of week of being in Europe for the birth of my 3rd grandson. Rocking him, smelling that new baby smell. I don't think that's in her future. I played in the snow in the Swiss Alps yesterday, admiring the beauty, KC saw iron bars. I had dinner in France, KC had slop. SO sad she thought life only held laying with anything that moved & getting drunk. It is so much more & Caylee should have gotten to experience it.
Congrats on your beautiful baby.

 

[nancy botwin]

If you scroll back, you will find that I distinctly noted that Casey's murder one charge sits apart from a "felony murder" charge. In other words, she is charged with the direct planning and execution of a willful, premeditated murder. This is not a felony murder case.

HTH

I disagree--
Because the indictment charges first degree premeditated murder and aggravated child abuse, the State can, and probably will, pursue felony murder jury instructions.

From a 2008 ruling on a similar issue within the state of Florida:

First, the State simply could have charged Leyva with first-degree premeditated murder and, without charging him in the alternative with first-degree felony murder, have proceeded on a felony murder theory of prosecution at trial. That is because the State is not required to provide the defendant with its theory of prosecution as to first-degree murder in the indictment. See Williams v. State, 967 So. 2d 735, 758 (Fla. 2007) (“[T]he State need not charge felony murder in an indictment to prosecute a defendant under alternative theories of premeditated and felony murder when the indictment charges premeditated murder.”) (quoting Kearse v. State, 662 So. 2d 677, 682 (Fla. 1995)); Hannon v. State, 941 So. 2d 1109 (Fla. 2006); Mansfield v. State, 911 So. 2d 1160 (Fla. 2005); Parker v. State, 904 So. 2d 370, 382-83 (Fla. 2005)

Source

 

[Wudge]

Fortunately, Wudge, so far all your many predictions and expectations regarding wife and/or baby murderers have been WRONG!

I trust your record of cheerleading for psychopathic killers will be as successful with Casey Anthony as it's been with Michael and Scott Peterson, among others.

Keep up your sympathetic legal gobbledygook, Wudge. In a 'backwards kind of way' you've been an excellent jinx to these monstrous cold-blooded killers.

BTW, countless posters have 'Cited clear and unyielding proof of: intent, planning, deliberation and malice aforethought' regarding Scott Lee Peterson's heinous murders.

Unlike the jurors and millions of others, YOU simply choose to IGNORE them. Not ALL old curmudgeons are wise when it matters.

Hello GrandMa. I hope 2008 has been good to you.

I'm certainly not bothered by my track record in calling the outcome of high-profile cases. I miss a few, not many. And if a case doesn't go my way the first time, I seem to luck into correctly calling a sizable number of wrongful convictions. In this field, that's a notable accomplishment.

Of the high-profile convictions that I've held were wrongful convictions, the courts have reversed several verdicts in recent years. These reversals include: Cynthia Sommer’s conviction for the murder of her husband (Todd Sommer), Andrea Yates’ conviction for the murder of her five children (deaths by drowning), Cynthia George’s conviction for conspiracy to commit murder (Jeffrey Zach) and Sandra Murphy's and Rick Tabish’s conviction for the murder of Ted Binion. These reversals constitute a nice short-term haul for this old buzzard.

Regarding high-profile cases where I've held a position contrary to public opinion but where no trial was held, exonerations have come forth in recent years for the Ramseys (JonBenet), for Steven Hatfill (Justice Department’s botched-up anthrax case) and for Reade Seligman, Collin Finnerty and David Evans (Duke Lacrosse rape case). Exonerations in cases where no trial was held are definitely not easy to come by. I just might be doing something right -- or maybe someone way up high loves me. (smile)

Wishing your holiday season to be filled with joy and peace and the upcoming year to bring you prosperity and happiness.

 

[LeLe1953]

I'm disapointed. I don't fully understand the legalities of the issue but to me, it reads as though they do not have a strong case. Without question they have a case, but not one that they feel is strong enough that the DP would be acceptable to a jury. I'm starting to wonder if the forensics we've seen is all they have. How is it possible that we've still heard nothing about the stain, the bag, the maggots???

MOO

Shoot, I'm not worried. I think not only do they have a very stronge case, I think they are saving the best for last. :behindbar

 

[jandkmom]

Shoot, I'm not worried. I think not only do they have a very stronge case, I think they are saving the best for last. :behindbar

Me too. I like the LE guys.

 

[LeLe1953]

I am not sure if this has been mentioned, but does anyone know is the maggots that were found in the trunk were studied? I know that often they can tell what the bugs have been eating. I know that this sounds terrible, but could the information from the bugs along with the hair and the decomp in the truck be enough to convict? Just throwing this out there...

I have not read if they have been tested but I have been some what out of touch the past week. I havent even heard the new tapes, PUKE. I am sure they must be like " oh honey darlin, where are your manners. Don't you know it's not proper to murder your baby & throw her in the dumpster. Well, sweetie, you're young, you will learn. You did at least go and re do your nails afterwards, right? Everything will be alright, you are so much like me, mama's little bitty princess. You are so pretty dumplin, all the boys love you. & well honey bunch, you just are so darn good on that stripper pole I cant imagine you not getting out. It's okay, mama's here to make all the excuses you need. I already told that big mean police man you couldn't have done this, how could YOU out smart LE, you didnt even graduate high school."

Anyways, you are right, they can tell a lot by the maggots. I bet they did have them tested. Hey, why not put some on KC to see what they do, bet even they run from her.

 

[Chilly Willy]

I think the prosecution feels they'll have a stronger chance of getting a murder one conviction if the death penalty isn't on the table.

 

[Wudge]

I disagree--
Because the indictment charges first degree premeditated murder and aggravated child abuse, the State can, and probably will, pursue felony murder jury instructions.

From a 2008 ruling on a similar issue within the state of Florida:

First, the State simply could have charged Leyva with first-degree premeditated murder and, without charging him in the alternative with first-degree felony murder, have proceeded on a felony murder theory of prosecution at trial. That is because the State is not required to provide the defendant with its theory of prosecution as to first-degree murder in the indictment. See Williams v. State, 967 So. 2d 735, 758 (Fla. 2007) (“[T]he State need not charge felony murder in an indictment to prosecute a defendant under alternative theories of premeditated and felony murder when the indictment charges premeditated murder.”) (quoting Kearse v. State, 662 So. 2d 677, 682 (Fla. 1995)); Hannon v. State, 941 So. 2d 1109 (Fla. 2006); Mansfield v. State, 911 So. 2d 1160 (Fla. 2005); Parker v. State, 904 So. 2d 370, 382-83 (Fla. 2005)

Source

Prosecutors certainly need to decide what murder charge to go with. Right now it is not felony murder, and double jeopardy precludes multiple trials for murder.

 

[Wudge]

Oh wow! that article was very interesting, and scary. At first I was thinking ok here we go again..... another parent saying no way not my boy. This is extremely harrowing. Thanks Wudge.

I found a little more on this story.

http://www.nytimes.com/2007/12/04/us/04felony.html?pagewanted=print

Good find. Your NY Times read on that case is excellent.

I certainly agree with "harrowing". Parents who hear an attorney first explain the inflexibility associated with a felony murder charge almost universally think they need a new attorney, fast.

 

[Wudge]

SNIP

how can ya say you know more than the person who admits they are a lawyer?

SNIP

I didn't.

HTH

 

[nancy botwin]

Prosecutors certainly need to decide what murder charge to go with. Right now it is not felony murder, and double jeopardy precludes multiple trials for murder.

The indictment, in its current form, allows the prosecution to pursue a straight premeditation theory/conviction and/or a felony murder via agg. child abuse theory/conviction. With the included charge of Aggravated Child Abuse, the indictment makes clear that the defense can and should anticipate a felony murder theory at trial.
This is in response to your numerous posts which argue that Casey cannot be found guilty of first degree murder without evidence of premeditation. The appellate decision I posted above directly contradicts your position.

 

[JBean]

The next post that discusses a poster instead of the case is getting a vacation.

if you disagree with someone's viewpoint ignore them ,scroll by or challenge it.

 

[MiraclesHappen]

Prosecutors certainly need to decide what murder charge to go with. Right now it is not felony murder, and double jeopardy precludes multiple trials for murder.

Interestingly, Nancy Botwin has cited a Florida case which states that the prosecutors do not need to make that decision.
Double jeopardy is no concern, since pursuant to that case, the prosecutors can present their evidence and let the jury decide if it is either/or.
They do not need multiple trials to prosecute for premeditated murder one along with felony murder one.
They have not excluded either theory by the indictment.
Nancy Botwin's case is still good law.

 

[Wudge]

The indictment, in its current form, allows the prosecution to pursue a straight premeditation theory/conviction and/or a felony murder via agg. child abuse theory/conviction. With the included charge of Aggravated Child Abuse, the indictment makes clear that the defense can and should anticipate a felony murder theory at trial.
This is in response to your numerous posts which argue that Casey cannot be found guilty of first degree murder without evidence of premeditation. The appellate decision I posted above directly contradicts your position.

What storyline will prosecutors tell (opening statement) and argue (closing argument) to the jury?

Will prosecutors say that Casey planned and carried out a willful and premeditated murder?

Or will prosecutors say that Caylee died as a result of aggravated child abuse?

Or will prosecutors tell the jury that they don't "reasonably" know what happened?

Note: The last option certainly won't help them with "proof beyond a reasonable doubt".

 

[nancy botwin]

Interestingly, Nancy Botwin has cited a Florida case which states that the prosecutors do not need to make that decision.
Double jeopardy is no concern, since pursuant to that case, the prosecutors can present their evidence and let the jury decide if it is either/or.
They do not need multiple trials to prosecute for premeditated murder one along with felony murder one.
They have not excluded either theory by the indictment.
Nancy Botwin's case is still good law.

I agree-- and thank you

What storyline will prosecutors tell (opening statement) and argue (closing argument) to the jury?

Will prosecutors say that Casey planned and carried out a willful and premeditated murder?

Or will prosecutors say that Caylee died as a result of aggravated child abuse?

Or will prosecutors tell the jury that they don't "reasonably" know what happened?

Note: The last option certainly won't help them with "proof beyond a reasonable doubt".

I don't know what they're going to say. But I can't wait to find out.