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

[Wudge]

i would say that this means the prosecution does not have a very good case against kc. That is upsetting to me. If they really had good evidence against her they would have sought the dp. Without a body and no blockbuster evidence against her they are afraid to seek the dp. I sure hope they can get lwop. Seems doubtful tho.

titcr

 

[charo]

I understand why they took the DP off the table for now, but I think Casey as the person she is will adjust to prison life just fine and make that her new life and fit right in with the other inmates just fine so that isnt harsh enough punsihment for her IMO. I think if she was sitting on death row, thinking about that needle she would get sooner or later, would be much harder on her than a life sentence- Death row would of been much stricter on her- I think if she gets in general pop. she will do her best to make friends, etc and accept that life and be happy as a lark which I dont think she deserves any happiness what so ever- So all I can do is hope they find Caylee and put the DP back on the table- JMO

 

[21merc7]

I would say that this means the prosecution does NOT have a very good case against KC. That is upsetting to me. If they really had good evidence against her they would have sought the DP. Without a body and no blockbuster evidence against her they are afraid to seek the DP. I sure hope they can get LWOP. Seems doubtful tho.

No, they have enough to proceed with Murder of the various degrees. The Death Penalty has lots of requirements, the written ones are not helpful unless you are a DP qualified lawyer. They do have a good case. Just need more to "win" the case. If they could go for DP they would. The prosecutors must have enough to present to the Court that they can proceed and be sucessful with DP. There simply isn't enough for DP yet. But, there is enough for LWOP.

ETA: I stated it all wrong again.

 

[ThoughtElf]

http://blog.myspace.com/index.cfm?fuseaction=blog.view&friendID=122459029&blogID=454243435

Current mood: Hopeful

Well, isn't that special.

 

[kathyn2]

titcr

What does titcr mean??

 

[mountaintime]

This tells me that prosecutors received advanced notice -- the DA told them that their stupid game was up -- that their alleged incriminating evidence would not support the selection of a death-qualified jury. In other words, the People's evidence does not support clear and unyielding proof of: intent, premeditation, deliberation and malice aforethought (murder one). Look for more to come in the way of reduced charges.

Interesting...
Why do you think there will further reduced charges?
I note that you also do not think that Scott Peterson is guilty, is that correct?

 

[trac]

I would say that this means the prosecution does NOT have a very good case against KC. That is upsetting to me. If they really had good evidence against her they would have sought the DP. Without a body and no blockbuster evidence against her they are afraid to seek the DP. I sure hope they can get LWOP. Seems doubtful tho.

I don't think this is the case at all - it might be political - maybe the DA thinks that the public would be against a young woman on death row - maybe they have the evidence but just don't have the body - the evidence can be explosive, with no body they weighed the chances of having the DP on the table and it might make the jury give her a lessor charge

I think it has nothing to do with no evidence or what not - PLUS if they find a body and it's tested with a even a trace of chloroform Casey is dust

 

[Wudge]

What does titcr mean??

This is the credited response.

 

[kathyn2]

BTW, I think KC will do just fine in prison if she got LWOP. It is definitely not good enough punishment for her. She will get herself a girlfriend or 2 while there and develop a prison party life style. lol She will adapt.

 

[trac]

I have a really bad cold, too. I'b ald stubbed ubp anb I tawk fubby.

Here, have some hot apple cider, (with a little peach schnapps,) curl up and we'll wait for the statement together. I figure my head can't hurt more than it already does, right?

I knew I forgot to buy something at the store! well I'll have blooming flower tea tonight and curl up, well darnit my new books aren't here yet (Twilight series and True Blood series)- WAIT I'm a bookseller I have over 100,000 books in my home and I have nothing to read!!!! LOL

You feel better too- I don't think I can't watch the new statement I'm afraid that the A's will make my ears bleed

 

[21merc7]

if they find a body and it's tested with a even a trace of chloroform Casey is dust

Respectfully snipped.

That is it! That is where DP would come in to play.

 

[kathyn2]

In my opinion the body is at the bottom of the landfill and no one is going to go searching there so the body will never be found. That is really unfortunate. By now all there are is a few tiny bones and a small skull rolling around with all the old chicken bones at the city dump.

 

[Short_Stuff]

No surprise, no body, no cause of death, no death penalty. I predict she may even get off with less charges, hope not but might happen. She always seems to get "her way".

 

[ThoughtElf]

I knew I forgot to buy something at the store! well I'll have blooming flower tea tonight and curl up, well darnit my new books aren't here yet (Twilight series and True Blood series)- WAIT I'm a bookseller I have over 100,000 books in my home and I have nothing to read!!!! LOL

You feel better too- I don't think I can't watch the new statement I'm afraid that the A's will make my ears bleed

O/T - I've read both series. Enjoy! I am not a bookseller, but I also have 100,000 books in my home - all of which I need to move for the house painters by Monday morning. *sigh* This painting stuff is seriously going to be a pita next week if there is big breaking news.

I'll refreshing their MySpace fairly frequently. I'm fascinated to see how they'll spin this. I'm expecting all sorts of science and LE bashing.

 

[Spitfire4ever]

BTW, I think KC will do just fine in prison if she got LWOP. It is definitely not good enough punishment for her. She will get herself a girlfriend or 2 while there and develop a prison party life style. lol She will adapt.

And lets not forget all the beading she'll have time for.:crazy:

 

[Wudge]

Interesting...
Why do you think there will further reduced charges?
I note that you also do not think that Scott Peterson is guilty, is that correct?

A death qualified jury is considered a prosecutors' jury. The DA knew that they could not reduce the charges just before selecting a jury, because that would send a clear signal to potential jurors that they did not have the evidence to support the charges (murder one) -- hardly the best way to begin voir dire. That's why they stopped the death penalty nonsense now.

The problem is that even if the State wants to go to murder two, they still have to prove malice aforethought. I can't see how the evidence that we know of can possibly support that finding either. Moreover, I would love to hear the evidence that supports murder (unlawful killing) versus an accident.

As regards the Laci Peterson case, my position has always been that I do not know if Scott murdered Laci or not. However, no one, anywhere, has ever cited clear and unyielding proof of: intent, planning, deliberation and malice aforethought. Moreover, unlike Casey's case, prosecutors had the bodies in Scott's case. I expect Scott to receive a second trial.

 

[MysteryAddict]

In Florida, whether to impose the DP is decided during the penalty phase of the trial ... that is, after the verdict has been reached ...

Sorry, I still can't understand the strategy of taking the DP off the table at this time.

It makes it look like the prosecution has a weak case, whether true or not!

Why isn't it better to leave the threat on the table until after the verdict and
have the penalty decided at that time?

 

[maur33]

A death qualified jury is considered a prosecutors' jury. The DA knew that they could not reduce the charges just before selecting a jury, because that would send a clear signal to potential jurors that they did not have the evidence to support the charges (murder one) -- hardly the best way to begin voir dire. That's why they stopped the death penalty nonsense now.

The problem is that even if the State wants to go to murder two, they still have to prove malice aforethought. I can't see how the evidence that we know of can possibly support that finding either. Moreover, I would love to hear the evidence that supports murder (unlawful killing) versus an accident.

As regards the Laci Peterson case, my position has always been that I do not know if Scott murdered Laci or not. However, no one, anywhere, has ever cited clear and unyielding proof of: intent, planning, deliberation and malice aforethought. Moreover, unlike Casey's case, prosecutors had the bodies in Scott's case. I expect Scott to receive a second trial.

I believe it is up to the defendant (aka) casey anthony to detail the events of the crime. If it was an accident it is her responsiblity to provide that information to LE not the other way around. Caylee is dead and casey has thrown her body away, it is not unreasonable for LE and the prosecution to seek murder charges against someone like this, she has had plenty of chances (and I am sure she still does) to tell the truth. Maybe she will listen to you, if she has something to say she should say it now before she goes to trial.

I am personally happy that the state won't seek the DP, but that's because I am against the DP. I also believe that life in prison is awful, as it should be, and this would be a just punishment for her crime.

 

[one_hooah_wife]

The problem is that even if the State wants to go to murder two, they still have to prove malice aforethought. I can't see how the evidence that we know of can possibly support that finding either. Moreover, I would love to hear the evidence that supports murder (unlawful killing) versus an accident.

Bolded by me ... snipped

Second degree murder is an intentional killing without premeditation ... or it can also be a murder caused by wanton and willful disregard for human life.

We are not privy to all evidence, however, from what we know I imagine that the computer searches are most likely what the State will use to prove premeditation... though the defense will argue that one cannot be certain that KC actually performed the searches.

 

[21merc7]

A death qualified jury is considered a prosecutors' jury. The DA knew that they could not reduce the charges just before selecting a jury, because that would send a clear signal to potential jurors that they did not have the evidence to support the charges (murder one) -- hardly the best way to begin voir dire. That's why they stopped the death penalty nonsense now.

The problem is that even if the State wants to go to murder two, they still have to prove malice aforethought. I can't see how the evidence that we know of can possibly support that finding either. Moreover, I would love to hear the evidence that supports murder (unlawful killing) versus an accident.

As regards the Laci Peterson case, my position has always been that I do not know if Scott murdered Laci or not. However, no one, anywhere, has ever cited clear and unyielding proof of: intent, planning, deliberation and malice aforethought. Moreover, unlike Casey's case, prosecutors had the bodies in Scott's case. I expect Scott to receive a second trial.

Whew, thanks Wudge. I could not find the appropriate words, not my forte.

OT: I agree, I can't believe Peterson has not had a 2nd trial yet, guess the appeal process?