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

[SCHTown]

In response to the State’s intent not to seek the death penalty came as no surprise to us this afternoon, our family believes Caylee Marie is still alive and our efforts have not lost focus to the objective of bringing her home. Today’s announcement only supports our theory that our granddaughter is still with us and we will continue investigating all tips and leads that support our position despite what the authorities continue to say.” - George and Cindy Anthony

http://www.helpfindcaylee.com/uploads/15/In response to the State.pdf

 

[Wudge]

I agree on the point that if they had everything they needed right now they would not have dropped the DP, however I am not so quick to think that we will see further drops in the charges. In fact they never said they would go after the DP so nothing has been reduced yet.

The fact that prosecutors skipped charging her with murder two is a big clue as to what they feel their best level of proof is; i.e., not murder one or murder two. That's why they went with murder one and then manslaughter, versus murder one and murder two. The evidence around murder one is now exposed. It's insufficient.

 

[rosepetal1065]

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

Or in her mind, I believe she will be haunted by what she did.
jmo

 

[Wudge]

SNIP

LE has to put certain things under lock and key to not have released

SNIP

Citation.

 

[impatientredhead]

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?

The prosecutor has a deadline, 45 days, to file the intent to pursue the death penalty. Casey has to be able to plan her defense and strategies will be different depending on what they are pursuing.

Prosecutorial discretion allows them to decide whether they want to pursue the DP. They may choose not to because a jury is not likely to sentence a young pretty mother to death. We may not like it, but the penalty phase of DP cases are very emotionally based.

The prosecutor is also an elected official, going after the death penalty and not getting it makes it look like they were ineffective in their jobs. Only a tiny percent, 4-6 depending on the source, of cases punishable by death are actually pursued as a death penalty case.

They do not need the body to pursue the DP. There are more cases than Scott Peterson sentenced to die without a body or cause of death. Keep in mind Florida does not require premeditation for a capital case, they allow aggravating factors. Caylee's age would be an aggravating factor. Death of a child during an act of aggravated child abuse can qualify. They may not go after them often, but they qualify.

There is no way this is in response to a plea deal.

 

[trac]

huh? I'm sorry I don't understand

 

[indicat]

The fact that prosecutors skipped charging her with murder two is a big clue as to what they feel their best level of proof is; i.e., not murder one or murder two. That's why they went with murder one and then manslaughter, versus murder one and murder two. The evidence around murder one is now exposed. It's insufficient.

I guess we can respectfully agree to disagree...I know there is plenty I have not heard and I've been reading the documents...seems like there are a lot of pieces still out there.

 

[trac]

The prosecutor has a deadline, 45 days, to file the intent to pursue the death penalty. Casey has to be able to plan her defense and strategies will be different depending on what they are pursuing.

Prosecutorial discretion allows them to decide whether they want to pursue the DP. They may choose not to because a jury is not likely to sentence a young pretty mother to death. We may not like it, but the penalty phase of DP cases are very emotionally based.

The prosecutor is also an elected official, going after the death penalty and not getting it makes it look like they were ineffective in their jobs. Only a tiny percent, 4-6 depending on the source, of cases punishable by death are actually pursued as a death penalty case.

They do not need the body to pursue the DP. There are more cases than Scott Peterson sentenced to die without a body or cause of death. Keep in mind Florida does not require premeditation for a capital case, they allow aggravating factors. Caylee's age would be an aggravating factor. Death of a child during an act of aggravated child abuse can qualify. They may not go after them often, but they qualify.

There is no way this is in response to a plea deal.

The defense has also not put in for more time until trial and they have not put in to change the venue - which I find very odd - my guess is they are thinking that the A's are planting reasonable doubt so the trial could be in Orlando after all - could backfire on them

 

[ThoughtElf]

In response to the State’s intent not to seek the death penalty came as no surprise to us this afternoon, our family believes Caylee Marie is still alive and our efforts have not lost focus to the objective of bringing her home. Today’s announcement only supports our theory that our granddaughter is still with us and we will continue investigating all tips and leads that support our position despite what the authorities continue to say.” - George and Cindy Anthony

http://www.helpfindcaylee.com/uploads/15/In response to the State.pdf

Supports their theory HOW? The other charges remain on the table. Removal of the DP does not imply that Caylee is still alive.

"You spin me right round, Baby, round, round... Like a record Baby, right round..."

 

[Jolynna]

When 911 happened and the victims' bodies were tragically unrecoverable, people sifted through the rubble and DNA from the smallest body part/fragment/etc. was enough to identify victims and even "lay them to rest." It was all they had, all that was left of their bodies. It was proof that these beloved family members existed and now were deceased. It was healing to family members.

If because of the mother's horrible crime, all that is recoverable of Caylee was one tiny little hair, with a "death ring", isn't that part of her body? (And recovering that hair was a miracle itself due to the family's cleaning of the car as well as identifying the hair due to obstruction on the part of turning over the correct hairbrush.)

Does this not constitute where there was life is now dead? Isn't a part of the body, albeit miniscule, prove a body?

IMO, yes.

Some with missing children don't ever get that much closure.

I am thinking of Trenton's family.

 

[ThoughtElf]

The prosecutor has a deadline, 45 days, to file the intent to pursue the death penalty. Casey has to be able to plan her defense and strategies will be different depending on what they are pursuing.

Prosecutorial discretion allows them to decide whether they want to pursue the DP. They may choose not to because a jury is not likely to sentence a young pretty mother to death. We may not like it, but the penalty phase of DP cases are very emotionally based.

The prosecutor is also an elected official, going after the death penalty and not getting it makes it look like they were ineffective in their jobs. Only a tiny percent, 4-6 depending on the source, of cases punishable by death are actually pursued as a death penalty case.

They do not need the body to pursue the DP. There are more cases than Scott Peterson sentenced to die without a body or cause of death. Keep in mind Florida does not require premeditation for a capital case, they allow aggravating factors. Caylee's age would be an aggravating factor. Death of a child during an act of aggravated child abuse can qualify. They may not go after them often, but they qualify.

There is no way this is in response to a plea deal.

Thanks for outlining this so well, Red. Very helpful.

I've followed this thread all day, and I do appreciate all of the legal insight you and others have educated us with.

 

[MysteryAddict]

The prosecutor has a deadline, 45 days, to file the intent to pursue the death penalty. Casey has to be able to plan her defense and strategies will be different depending on what they are pursuing.

Prosecutorial discretion allows them to decide whether they want to pursue the DP. They may choose not to because a jury is not likely to sentence a young pretty mother to death. We may not like it, but the penalty phase of DP cases are very emotionally based.

The prosecutor is also an elected official, going after the death penalty and not getting it makes it look like they were ineffective in their jobs. Only a tiny percent, 4-6 depending on the source, of cases punishable by death are actually pursued as a death penalty case.

They do not need the body to pursue the DP. There are more cases than Scott Peterson sentenced to die without a body or cause of death. Keep in mind Florida does not require premeditation for a capital case, they allow aggravating factors. Caylee's age would be an aggravating factor. Death of a child during an act of aggravated child abuse can qualify. They may not go after them often, but they qualify.

There is no way this is in response to a plea deal.

I thank you very much for your precise answer to my question.
Now I understand why this step was taken by the prosecution!

 

[indicat]

QUOTE=PotatoHead;3023660]Thanks for outlining this so well, Red. Very helpful.

I've followed this thread all day, and I do appreciate all of the legal insight you and others have educated us with.[/QUOTE]

ITA! :clap:

 

[Coley]

The fact that prosecutors skipped charging her with murder two is a big clue as to what they feel their best level of proof is; i.e., not murder one or murder two. That's why they went with murder one and then manslaughter, versus murder one and murder two. The evidence around murder one is now exposed. It's insufficient.

They havent released all their evidence. FBI hasn't released their evidence either. What is so insufficient about what we don't know?

hmmmm, exactly.

MOO

 

[LaLaw2000]

We almost assuredly do.

Prosecutors decided to try this case via our crimetainment media. Obviously, to poison the jury pool. If you are a prosecutor, this means that you leak your evidence -- along with the standard lies, innuendo and material falsehoods that are part of any high-profile case. Of course, LE also assists prosecutors in this regard (future favors to be returned)

Oh, I do not think that at all, Wudge. Please give the Prosecutors more credit than that! Please do not accuse them of 'material falsehoods'. Do you have a link or anything to back that statement up? And please give LE more credit than that. What falsehoods are you refering to?

The evidence was not leaked - it was disclosed per the Florida Sunshine Law.
If you feel this case has already poisoned the jury pool, then maybe the media had a hand in you thinking that, but please give the potential jurors more credit than that as well. There are good, honest, decent people who can and will consider the evidence in this case.

:waitasec:

 

[indicat]

They havent released all their evidence. FBI hasn't released their evidence either. What is so insufficient about what we don't know?

hmmmm, exactly.

MOO

:clap::clap: we don't know what we don't know don't you know....:bang:

 

[Coley]

:clap::clap: we don't know what we don't know don't you know....:bang:

ha lol

You don't know what I know...

blah blah blah
tsk, tsk, tsk

 

[indicat]

ha lol

You don't know what I know...

blah blah blah
tsk, tsk, tsk

:rolling: absolutley and I feel it in my gut more and more everyday. LOL

 

[Wudge]

SNIP

The evidence was not leaked - it was disclosed per the Florida Sunshine Law.

SNIP

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

 

[Coley]

:rolling: absolutley and I feel it in my gut more and more everyday. LOL

I look at it like this:

Some people analyze
Some people criticize

take your pick....