logicalgirl
Peace Hawk
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Originally Posted by beccalecca1
If there were no evidence of an accident (which is been said many times now), why would HHJP allow this discussion in closings? There was evidence presented of an accident.
Again something that we can (to a point) agree on.
While there was no evidence of an accident, it is correct that an accident could have been considered as cause of death by the jury. However, in the framework of an accident, using the mitigating circumstances presented in evidence and the behavior of Casey Anthony which clearly (reasonably, legally and all other criteria) speaks to consciousness of guilt, one must reasonably conclude it was not an innocent accident but instead homicide (which can include an accident with aggravating factors).
While "Consciousness of Guilt" cannot be solely used to convict (for instance: Casey lies and parties: Nobody has seen Tony the boyfriend in months. You cannot make the leap that Casey killed Tony without some other evidence ... dead body being the most persuasive).
Evidence of Consciousness of Guilt coupled with other evidence, is very strong proof of guilt and the jury - if they are properly doing their job - MUST consider it as evidence. They may not explain it away using speculation or theories not in evidence.
But your comments are interesting fodder for this discussion.
Like you, I cannot help but consider that the death may have been an accident. (As you know, it is not essential to know cause of death.)
However, it is impossible to conclude it was an innocent accident in the framework of the circumstances. If I am required to use the evidence, then I must consider the Consciousness of Guilt and must, therefore, reason that if there was an accident, it resulted from Culpable Negligence on the part of Casey Anthony.
Excellent presentation of argument Italy, but let me put it in layman's terms here so those discussing this can understand.
There was a "suggestion" of an accident floated in the courtroom by Mr. Baez. A photo of a toddler climbing a ladder guided by her grandmother's hand. A photo of a child standing on her tiptoes reaching for a handle of a sliding door. And a whole bunch of couldahs, maybe's, wantcha to think please please, when pigs fly theories in that "suggestion" floated in closing.
A look I've worn a matching pocket square every day for ya all suggestion...that's it.