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

[one_hooah_wife]

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?

I completely agree that it is better to leave DP as a possibility. I was just explaining that there are two phases of the trial ... guilt /innocence phase and a separate penalty phase.

 

[Jolynna]

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 do not believe the state would have charged murder one unless they could back it up.

California didn't go for the death penalty with O.J. despite overwhelming forensic evidence and two murdered people.

P.S. I agree with your "evidence planting" + O.J. guilt theory. But, I disagree that not going for DP always means not enough evidence for it. I think Casey deliberately executed her daughter and that the prosecutor will prove it.

 

[Wudge]

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?

This is a super clear signal that prosecutors had insufficient proof to support the charge they made. The only thing the DA had to decide was when to have them stop with their ridiculous head fakes. They played the game of "tell us Casey or you will fry" as long as they felt they could without damaging whatever their best case really is (assuredly emotion based) in the minds of the potential jurors who would enter voir dire.

Look for them to continue to reduce their chest thumping as time passes.

 

[alwaysonmymind]

Does anyone think the state took the death penalty off of the table in response to JB' statement:

http://www.wftv.com/news/18211831/detail.html
Since prosecutors have not ruled out the death penalty, Baez thinks it's only fair to have time to prepare to fight it. It could be an indication the defense realizes a first-degree murder conviction is possible.

Maybe the state is being fair, like JB wants it.

 

[waiting4change]

That's okay, she'll live a long miserable life in prison, always checking her back. KC will have no peace in this world.

Lets hope so........but something tells me she will not be spending the rest of her life behind these :behindbar I am hoping that she does!

 

[21merc7]

Does anyone think the state took the death penalty off of the table in response to JB' statement:

http://www.wftv.com/news/18211831/detail.html
Since prosecutors have not ruled out the death penalty, Baez thinks it's only fair to have time to prepare to fight it. It could be an indication the defense realizes a first-degree murder conviction is possible.

Maybe the state is being fair, like JB wants it.

No, JB knows there will not be a trial soon, he also knows the general public does not understand that. He is playing to the television. Let Wudge explain the legal terminology for all that hoopla.

 

[Paintr]

Thanks to all who answered my ques upthread, even if you weren't talking to me directly lol. I learned a lot. Just wanted those who share their knowledge of law to know they are appreciated.

 

[Valrico Analyzer]

Nah. I don't think its anything more than the $$$ it takes..expert witnesses, etc...let alone the automatic appeal process, the entire circus with a DP case..

Don't lose faith in LE. They haven't been BS'ing all along..the A's have.

Worst case scenario: They threw in the towel on the body being recovered which would have sealed the DP and which they were confident they'd have by now.

HOWEVER: Keep your chins up lil buck-a-roo's...this will trigger a huge HURRAH from the Adams family and inevitably, a presser which will result in Nurse rachet shooting her mouth off about something that the LE will end up using in trial.

She never heard " Loose lips sink ships?"

 

[77NancyDrew]

Current mood: Hopeful

Well, isn't that special.

OMG .. And it states the A's will make a statement later.
Great I can't wait to hear thier BS. Better get my wadders out.
:furious: I can just hear CA now, the gloating will be sicking.

 

[Pollywog]

Good, now when she is convicted she will put put into general population instead of a private cell for 20 years while she appeals.

She deserves nothing less than death, but I prefer her mixing with the other criminals.

 

[Wudge]

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?

If Scott's verdict is not reversed before it goes to the Ninth Circuit Court, I certainly would expect it to be reversed there. That is not to say the Court will find there is insufficient evidence to support the charges (my favorite issue), but the lack of required inculpatory evidence would certainly allow that.

http://www.topix.com/forum/news/scott-peterson/TC7F3IOR6GAA6IQH1

There are over a dozen other significant appeal issues that will be presented on Scott's behalf.

Judge Delucchi called Scott's case an appellate attorney's petri dish. I think Scott's appeal more properly resembles a bonfide research lab that could well produce a landmark ruling.

 

[Wudge]

No, JB knows there will not be a trial soon, he also knows the general public does not understand that. He is playing to the television. Let Wudge explain the legal terminology for all that hoopla.

Posturing.

 

[TinPan]

Maybe she can sign up to fill in for all the congeable visits for all inmates.

 

[Wudge]

I do not believe the state would have charged murder one unless they could back it up.

California didn't go for the death penalty with O.J. despite overwhelming forensic evidence and two murdered people.

P.S. I agree with your "evidence planting" + O.J. guilt theory. But, I disagree that not going for DP always means not enough evidence for it. I think Casey deliberately executed her daughter and that the prosecutor will prove it.

If they do prove it, it will be because they obtain evidence they do not currently have.

 

[FloridaKatz]

I think the SA taking the DP off the table is simple:

So far they have only circumstantial evidence. Hard to convince a jury to sentance someone to death on CE.

They still have 30+ days to find the evidence they need to seal the deal for the DP and put it back on the table. There are still people searching, so let's not give up hope just yet. Coincidence or perhaps pre-devine intervention that we have 30 days to get what we need to seal a DP conviction, as it was 30 days from when Caylee went "missing" before KC reported it.

 

[JusticeorJustUs]

I know many won't agree but I think not seeking the DP was the smartest thing the SA has done to date.

This is a sociopathic b with an itch that will never, even if they took death off the table, so to speak, disclose how she killed her child or where she disposed of her child's body.

As I understand it, b with an itch was offered limited immunity to disclose where Caylee's body was. She did not take that offer.

The SA is proceeding with exactly what they can prove without the b with an itch's help. Like all sociopathic murderers, no help is forthcoming. Murder one and nothing on the table. Let her face LWOP in GENPOP. She's young, fit, and 22 years old. In great shape to defend herself against the "funks" (her words) that may be incarcerated for anything other than killing their children. Those same "funks" (her words) may well take exception to KC knowing that the b with an itch killed her child while they're there, incarcerated, worrying about how their chldren are doing.

Now, for those that doubt, I worked at Mira Loma Women's Correctional Facility in Lancaster, CA as part of the Hacienda/LaPuente USD teaching program many years ago. Part of my duties running the school were to supervise inmate visits with their children.

That was heartbreaking and I left as a result of it. Those children crying and hanging on to their mothers for as long as possible. That was all too much for me.

That and that useless cow Lt. Corrington made me leave. That cow wouldn't understand a mothers love or a proper diet if either jumped up and bit her in her sloppy fat arse and that is not to be confused with those who are overweight and not sloppy about themselves for medical reasons. This Lt. Corrington was the very reason there are jokes about poeple overweight regardless of the reason. Very sad.

Nevertheless, I did see just how much inmates remember and want to protect thier children.

KC is no different now than any other murderer on trial. The only difference is facing LWOP in GENPOP.

Now, if you ask me given my experience, that is the SA's biggest bargaining tool.

"KC" we might be able to make arrangements if you tell the truth. If not, well, you're on your own.

So is your family. Daddy said it all in that first tape. I hope they are all prosecuted and convicted as a result of their part. I honestly do.

È una bella vita. (Italian for "It's a beautiful life".) It applies to LWOP in GENPOP, too, Casey. Think about it.

 

[cakegirl0905]

My 2 cents: I used to think that NOT having the death penalty would be worse for this girl, because she would spend her days locked behind bars, instead of in bars sleeping with (sorry to be crude, but you know it's true) every possible guy she could. But, it actually seems like she is enjoying herself, not having to work (not that she was anyway), just hanging out stuffing her face with junk food. But, maybe once she isn't in the media spotlight anymore, the boredom will surface.

 

[SeriouslySearching]

I don't have a problem with taking the DP off the table. She can rot in hell or jail...as long as she pays for what she has done.

 

[Jolynna]

Nah. I don't think its anything more than the $$$ it takes..expert witnesses, etc...let alone the automatic appeal process, the entire circus with a DP case..

Don't lose faith in LE. They haven't been BS'ing all along..the A's have.

Worst case scenario: They threw in the towel on the body being recovered which would have sealed the DP and which they were confident they'd have by now.

HOWEVER: Keep your chins up lil buck-a-roo's...this will trigger a huge HURRAH from the Adams family and inevitably, a presser which will result in Nurse rachet shooting her mouth off about something that the LE will end up using in trial.

She never heard " Loose lips sink ships?"

I am with you. I've got faith in LE, the prosecutors and the evidence, too.



MOO

 

[FloridaKatz]

I know many won't agree but I think not seeking the DP was the smartest thing the SA has done to date.

This is a sociopathic b with an itch that will never, even if they took death off the table, so to speak, disclose how she killed her child or where she disposed of her child's body.

As I understand it, b with an itch was offered limited immunity to disclose where Caylee's body was. She did not take that offer.

The SA is proceeding with exactly what they can prove without the b with an itch's help. Like all sociopathic murderers, no help is forthcoming. Murder one and nothing on the table. Let her face LWOP in GENPOP. She's young, fit, and 22 years old. In great shape to defend herself against the "funks" (her words) that may be incarcerated for anything other than killing their children. Those same "funks" (her words) may well take exception to KC knowing that the b with an itch killed her child while they're there, incarcerated, worrying about how their chldren are doing.

"snipped for highlighting the point where bold is mine"

And we all have heard how women in prison HATE women who kill their children....If she gets LWOP, I'm guessing she won't live very long anyway.