The Perfect Crime?

[MD MOMMY]

I find this very troubling. It sounds like in FL there can be a statute of limitations on murder. This law is very troubling. Sure wish a FL atty would come on and clarify this for us...

There was one that used to come on..can't remember who it was though.

 

[OriginalJerseyGirl]

Is it true that he's doing this for free? Did he approach her with the offer of free representation? That's gotta' make one nervous ... it seems it would have to be all about the publicity for him. Or maybe he sees this as a way to redeem himself for the last case he lost?

I just saw this in an article today, (I have to run out but want to read the article more thoroughly later today - not sure how/why "Press Corp Media" can/should be representing a law firm :waitasec:

Following The Money In The Anthony Case - Central Florida News 13

News 13 asked Press Corp Media, the group representing the Baez law firm, if the Anthony family was paying for his services out of pocket or if he was doing it for free. They said how Baez gets paid is none of the public's business.

 

[DazzlinDebSD]

If they had a case...they would press charges...no charges = NO CASE!

She will walk after a short jail term free and rich.

JMHO!~

~snipped~

Oh they have a case. Read the 400+ documents from just a few days of this investigation, not to mention all the evidence they've collected. :behindbar

 

[MiraclesHappen]

(snip)
I find this very troubling. It sounds like in FL there can be a statute of limitations on murder. ..

775.15 Time limitations; general time limitations; exceptions.--

ch 775.15 (1)

(1) A prosecution for a capital felony, a life felony, or a felony that resulted in a death may be commenced at any time. If the death penalty is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, all crimes designated as capital felonies shall be considered life felonies for the purposes of this section, and prosecution for such crimes may be commenced at any time.


There is NO STATUTE OF LIMITATIONS FOR MURDER IN FLORIDA.

Above would be the applicable Florida law.

 

[robotdog]

~snipped~

Oh they have a case. Read the 400+ documents from just a few days of this investigation, not to mention all the evidence they've collected. :behindbar

:woohoo::woohoo::woohoo::woohoo:
ohhhhhhhhhhhhyeaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa

 

[jbar]

I read on wesh today that she is facing 50 yrs with these new felony charges re: the theft & larceny... She will definitely see the inside of a jail cell... I find it hard to believe that with the mountain of evidence against her, she won't see any further charges relating to Caylee.

 

[Kalie61]

Hi, I've just become a member of this site and this is my first comment.

What most people are not seeing is that you have to have one of two things in order to determine that someone has committed a murder, and then be able to prove it beyond a reasonable doubt. You must either have a body, or a crime scene.

The State's Attorney cannot file murder charges because they cannot prove that a murder has taken place, if they did so right now, they would lose and lose badly. It might be painfully obvious to the whole world, but when you cannot provide a shred of evidence that a murder took place then you have no case.

I know they can say we have evidence that Caylee was dead in the trunk. That isn't evidence that CA killed her. You have reasonable doubt.

You have the chloroform evidence. With out a body you can't link it to Caylee. Even if you did, you still couldn't because of the very nature of chloroform.

A first year law student would be able to blow the prosecution up at this point. This is why you won't see them press charges until they find the body, or the spot where the murder occurred.

Another thing is, if they try her for Murder with out a body and the defense says it was an accident, how in the world is the prosecution going to counter it? They can't use her own statement's against, she never once has said she wanted to hurt Caylee, and no one has ever heard make any threats against Caylee.

Her actions are circumstantial. The defense will say these are the actions of scared mother afraid of being prosecuted for murder over an accident.

The DA has a huge hill to claim, and the burden of proof is on them. I truly hope that Detectives working the case do it with dignity and class. So far I don't think they have.

 

[impatientredhead]

Hi, I've just become a member of this site and this is my first comment.

What most people are not seeing is that you have to have one of two things in order to determine that someone has committed a murder, and then be able to prove it beyond a reasonable doubt. You must either have a body, or a crime scene.

The State's Attorney cannot file murder charges because they cannot prove that a murder has taken place, if they did so right now, they would lose and lose badly. It might be painfully obvious to the whole world, but when you cannot provide a shred of evidence that a murder took place then you have no case.

I know they can say we have evidence that Caylee was dead in the trunk. That isn't evidence that CA killed her. You have reasonable doubt.

You have the chloroform evidence. With out a body you can't link it to Caylee. Even if you did, you still couldn't because of the very nature of chloroform.

A first year law student would be able to blow the prosecution up at this point. This is why you won't see them press charges until they find the body, or the spot where the murder occurred.

Another thing is, if they try her for Murder with out a body and the defense says it was an accident, how in the world is the prosecution going to counter it? They can't use her own statement's against, she never once has said she wanted to hurt Caylee, and no one has ever heard make any threats against Caylee.

Her actions are circumstantial. The defense will say these are the actions of scared mother afraid of being prosecuted for murder over an accident.

The DA has a huge hill to claim, and the burden of proof is on them. I truly hope that Detectives working the case do it with dignity and class. So far I don't think they have.

There are over 220 convictions of murder, 1st and 2nd degree, in the US with no body and no in many cases no crime scene. Neither are required to prove a case, preferred definitely, but not required.

 

[MiraclesHappen]

Hi, I've just become a member of this site and this is my first comment.

What most people are not seeing is that you have to have one of two things in order to determine that someone has committed a murder, and then be able to prove it beyond a reasonable doubt. You must either have a body, or a crime scene.

The State's Attorney cannot file murder charges because they cannot prove that a murder has taken place, if they did so right now, they would lose and lose badly. It might be painfully obvious to the whole world, but when you cannot provide a shred of evidence that a murder took place then you have no case.

I know they can say we have evidence that Caylee was dead in the trunk. That isn't evidence that CA killed her. You have reasonable doubt.

You have the chloroform evidence. With out a body you can't link it to Caylee. Even if you did, you still couldn't because of the very nature of chloroform.

A first year law student would be able to blow the prosecution up at this point. This is why you won't see them press charges until they find the body, or the spot where the murder occurred.

Another thing is, if they try her for Murder with out a body and the defense says it was an accident, how in the world is the prosecution going to counter it? They can't use her own statement's against, she never once has said she wanted to hurt Caylee, and no one has ever heard make any threats against Caylee.

Her actions are circumstantial. The defense will say these are the actions of scared mother afraid of being prosecuted for murder over an accident.

The DA has a huge hill to claim, and the burden of proof is on them. I truly hope that Detectives working the case do it with dignity and class. So far I don't think they have.

Probably the only thing I can accept in the above is that her actions are circumstantial. But where is the rest of the sentence? Her actions are circumstantial evidence of what??

No offense, but you are blurring lines between statements of fact and statements of law.

A jury applies the law, per a judge's instructions, to the facts.

The catch is:
The jury gets to decide the facts.. Not us.

jmo

 

[Kalie61]

There are over 220 convictions of murder, 1st and 2nd degree, in the US with no body and no in many cases no crime scene. Neither are required to prove a case, preferred definitely, but not required.

how many of the 220 cases had a confession? Had a witness? Had threats made against the victim? How many had a motive? How many had intent?

What is the percentage of the 220 convictions, and what is the time frame for this number

Im not saying that your wrong, and don't want to get in a long winded debate.

I don't want anyone thinking that I think this woman is innocent either. I hear and see what everyone else does.

I think I'm only pointing out the perfectly obvious here.

 

[TURBOTHINK]

There is no statute of limitations on murder.
It wouldn't fall under double jeapardy because they aren't the same charge.

BUT Florida law says you cannot be charged multiple times for crimes relating to the same incident. Caylee missing is the crux of these charges, if they go to trial on the neglect charges and have not filed the murder charge they cannot go back and charge her again. In normal situations this is to stop abuse by the prosecuters office of ruining your life by charging you in dribs and drabbles of charges.

In this case, which I don't see happening, but if they cannot file the murder charges before the neglect charges go to court it will have been a major strategic error by LE. Of course they expected her to talk when they hauled her into jail and saw it as the quickest way to find Caylee if she was still alive. But Baez is hoping and praying they get to the November neglect trial before a murder indictment can come down.

http://www.wftv.com/news/17193405/detail.html?rss=orlc&psp=news

LOOPHOLE COULD ALLOW CASEY TO BEAT SYSTEM

A loophole could allow Caylee Anthony's mother to beat the system. She's still only facing charges of child neglect and giving false statements.

If her attorney asks for a speedy trial, they could be the only charges she ever faces. Florida law prohibits a person from being tried on more serious charges at a later date if the person stands trial for something that's related.

"If you lose a kid and that results in a child's death, that's one and the same case, because those are manslaughter charges," said board-certified trial attorney Richard Hornsby.

If Casey was found guilty of child neglect, she would only serve up to five years in prison versus a maximum of life for murder. Still, detectives have never said that Caylee Anthony is dead or that Casey is under investigation for murder or manslaughter.

If they decide to prosecute her for murder later and not now they will drop the child neglect charges since they have enough with all these other charges to get her convicted and held for quite a while now. They won't take a chance on it getting overturned by "double jeopardy." laws.

 

[Kalie61]

Probably the only thing I can accept in the above is that her actions are circumstantial. But where is the rest of the sentence? Her actions are circumstantial evidence of what??

No offense, but you are blurring lines between statements of fact and statements of law.

A jury applies the law, per a judge's instructions, to the facts.

The catch is:
The jury gets to decide the facts.. Not us.

jmo

A jury will only hear what a judge will allow it hear.

What is, and what is not a fact is not something that is decieded by anyone. It is either a fact or it is not.

A jury will sometimes be allowed to hear and deciede expert testimony and determine for themselves if it is believable or not. But they are never allowed to "Decide if something is fact"

A jury will hear the facts a determine if someone is Innocent or Guilty.

 

[TURBOTHINK]

Hi, I've just become a member of this site and this is my first comment.

What most people are not seeing is that you have to have one of two things in order to determine that someone has committed a murder, and then be able to prove it beyond a reasonable doubt. You must either have a body, or a crime scene.

The State's Attorney cannot file murder charges because they cannot prove that a murder has taken place, if they did so right now, they would lose and lose badly. It might be painfully obvious to the whole world, but when you cannot provide a shred of evidence that a murder took place then you have no case.

I know they can say we have evidence that Caylee was dead in the trunk. That isn't evidence that CA killed her. You have reasonable doubt.

You have the chloroform evidence. With out a body you can't link it to Caylee. Even if you did, you still couldn't because of the very nature of chloroform.

A first year law student would be able to blow the prosecution up at this point. This is why you won't see them press charges until they find the body, or the spot where the murder occurred.

Another thing is, if they try her for Murder with out a body and the defense says it was an accident, how in the world is the prosecution going to counter it? They can't use her own statement's against, she never once has said she wanted to hurt Caylee, and no one has ever heard make any threats against Caylee.

Her actions are circumstantial. The defense will say these are the actions of scared mother afraid of being prosecuted for murder over an accident.

The DA has a huge hill to claim, and the burden of proof is on them. I truly hope that Detectives working the case do it with dignity and class. So far I don't think they have.

LE has a lot more than anyone knows. There are multiple witnesses which have not been disclosed to the media and a lot more will be coming out about the forensics in this case.

I think LE has been very professional throughout this. They have tolerated an insane woman and her insane family which is more than most LE would have done in these circumstances.

I also believe they have the body or at least parts of it. A team from the U.T. Body Farm went down there yesterday and they don't go to investigate "bird bones."

 

[Saffron]

I am beginning to think that LE does not have any hard evidence to bring charges and she may have enough defence with her story as crazy as it is.

With her parents backing her story 100% and with no body she may slide by with just neglect charges.

All of the evidence is back from the lab and they have no body and no charges have been filed.

I think the result is going to be a short jail sentence a book and movie deal and the Anthony's will live happily ever after with a rich life from movies, books, and donations.

If they had a case...they would press charges...no charges = NO CASE!

She will walk after a short jail term free and rich.

JMHO!~

I agree with everyone else that LE is taking their time, and that they will have a very good case at trial.

I disagree with your premise that Casey will make book and movie deals and become wealthy. IIRC, the public was outraged at the production company that did O.J.'s pay-per-view, and no one was interested in contributing money to any project that involved him. If Casey doesn't get prosecuted for murder (which seems impossible to me), she will be just as much a social pariah as O.J. became. The general public already thinks she is responsible for the disappearance and probable death of her daughter, and I doubt anyone would pay for anything regarding her side of the story. And what would be left to tell? This story would have already been covered extensively in the media for those with curiosity who didn't follow it from the beginning.

 

[TURBOTHINK]

I agree with everyone else that LE is taking their time, and that they will have a very good case at trial.

I disagree with your premise that Casey will make book and movie deals and become wealthy. IIRC, the public was outraged at the production company that did O.J.'s pay-per-view, and no one was interested in contributing money to any project that involved him. If Casey doesn't get prosecuted for murder (which seems impossible to me), she will be just as much a social pariah as O.J. became. The general public already thinks she is responsible for the disappearance and probable death of her daughter, and I doubt anyone would pay for anything regarding her side of the story. What would be left to tell anyway? This story is being covered extensively in the media.

She cannot profit from any book deals or anything else. She WILL be a convicted felon from just the charges she has now on her and under Florida law that will not happen.

 

[Saffron]

She cannot profit from any book deals or anything else. She WILL be a convicted felon from just the charges she has now on her and under Florida law that will not happen.

And there's that too. Good point.

 

[TexasLil]

LE has a lot more than anyone knows. There are multiple witnesses which have not been disclosed to the media and a lot more will be coming out about the forensics in this case.

I think LE has been very professional throughout this. They have tolerated an insane woman and her insane family which is more than most LE would have done in these circumstances.

I also believe they have the body or at least parts of it. A team from the U.T. Body Farm went down there yesterday and they don't go to investigate "bird bones."

Do you have any confirmation or a link to provide that the UT Body Farm went to Orlando yesterday?

 

[TURBOTHINK]

Do you have any confirmation or a link to provide that the UT Body Farm went to Orlando yesterday?

No.........just heard it on a radio station yesterday in Knoxville.

 

[Kalie61]

LE has a lot more than anyone knows. There are multiple witnesses which have not been disclosed to the media and a lot more will be coming out about the forensics in this case.

I think LE has been very professional throughout this. They have tolerated an insane woman and her insane family which is more than most LE would have done in these circumstances.

I also believe they have the body or at least parts of it. A team from the U.T. Body Farm went down there yesterday and they don't go to investigate "bird bones."

Well I sure hope they have a lot more than they have shown us. However, LE has proven time and time again they are willing to leak information as soon as it comes in.

I have to disagree with you that LE has been professional. Arresting her and dragging her out of her home in view of camera’s and cheering protesters was unprofessional, releasing her to the waiting paparazzi not once, but twice, was unprofessional. Leaking evidence during the course of an investigation is highly uncommon and unprofessional.

Don't believe all the rumors you hear. The minute they identify her body, they will let us know. They cannot, and will not keep it a secret. It will take a matter of hours to identify through dental records.

Read this to understand what it is that the body farm does, they do not investigate crime. They analysis forensic evidence.

The thing is murder investigations usually take a year to come to trial. When everything comes together, when the police have a confession, and evidence, and it is cut and dry. This case is going to take years if they don't find that little girl.

Everyone is watching this case. Everyone wants justice to be served. In order for that to happen the DA is going to have every single piece of evidence they can get there hands on because it only takes one person to hang a jury and she walks free.

If you don't believe this to be true, just look at the slam-dunk case of O.J. Simpson. The prosecution went in over confident and unprepared and we all know what happened.

I know I don't have a popular opinion and that it might rub people the wrong way, but remember I'm on your side. I believe she is guilty too. I just have an objective view when it comes to the legal side of things.

 

[MiraclesHappen]

(snip)
A jury will only hear what a judge will allow it hear.

What is, and what is not a fact is not something that is decieded by anyone. It is either a fact or it is not.

Wannah bet?