2010.05.11 - Casey Anthony Death Penalty Motions Hearing

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  • #1,001
Motion to dismiss death penalty due to gender bias. - Denied

Two motions to declare Florida's death penalty unconstitutional. - Denied

Motion to require the state to tell the defense which aggravating circumstances they will attempt to prove. - Granted

Reciprocal request asking the defense to provide the state which mitigating circumstances they will attempt to prove. - Denied w/o prejudice

Motion to keep the defense's penalty phase witnesses secret. - Denied (but the judge did say he would consider keeping the witnesses private info secret like their home address, I think)

Motion to dismiss the death penalty due to the defense's claim the state is only seeking it because KC doesn't have enough money to pay for it. - Denied

Thank you so much DearPrudence. I can now catch up, I'm on post 187 or something.

Just a thought not directed at DearPrudence.

The Professor that testified today about DP and gender bias. Although at face value it looks to be a loss for the state. It is very important in the appeal process. IMHO

I am interpreting that right now (could change as we see the defense's moves later on) is that the defense knows they probably aren't going to get an aquittal. But they want to save her from the DP later on.

Also this behooves the state as well because it is one less appeal she can make. KWIM? JMHO thoughts as of post 187.

I'll be back later (much later) after I have had the chance to read all posts :)
 
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Ya know I have to say that when AL spoke of society/or the legal community, having different standards for a mother vs. a father.....part of that rang a bell for me, (not exactly what she was saying though). Even though we are changing as a society, and are now admitting that a father has just as much rights and responsibilities, and can create just as tight a bond as a mother after birth....we are still not completely there yet IMO, as far as holding male and female parents to the same standards. We are trying, have come a long way, but we, as a society, still fall short many times.

But what cannot be disputed is the fact that a mother carries a child for 10 months in HER womb, and that cannot be done by a male. I don't think it can be disputed that that incubating, in most cases, does cause a mother to have an "extra" SOMETHING? with a child. In general I'm talking. Now don't get me wrong.....some woman are just NOT cut out to be mothers and the father is clearly the better parent in some, maybe a lot of cases.

But I think society, while trying to recognize that the father plays just as an important role in a childs life as the mother, still holds on to a belief, (whether it's a misconception or not), that the mother, in particular, should form an extra, unique bond with a child, simply from the fact that the child lived in her body for 10 months. How could that NOT create some kind of attachment that a man can never experience? KWIM?

And when a mother chooses to exploit that unique attachment (such as murdering said child), it should be viewed as deviant, aberrant, unthinkable. But I think this about a father also so.....? When a mother, who is in the highest position of trust and affection when it comes to a child, murders said child......it is sickening, angering, as well as puzzling to the majority of society b/c we hold that belief, whether we want to admit it or not, that a mother should never nor could never, break that highest form of trust. The trust of an innocent child. Esp. when it's the case of a single mother.

Now barring an accident, I would want the DP on the table for either parent who murdered their child, male or female. I would not understand either parent murdering their child, male or female, but I am saying that I do find it harder to understand in a mother.
So even with all I've said, I don't see that I would find it any easier to put to death a mother vs a father......I just think I find a mother murdering her child more baffling.

So with all society's strides we have yet to make.....to me AL's argument doesn't hold water, yet it did hit a cord about "how could she do it?"

moo
 
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I hate this gender bias stuff, it's stupid IMO.

and anyone who visits 'crimes in the news' here can see that women get off easy when they murder there kids (or do nothing while there boyfriend/husband does it). darile is a rare execption. andrea yates and susan smith got life even with the dp on the table. and andrea was later acquitted by insanity anyways.

the darlie comparison is also plain ridiculous, because darlie didnt have her boys rotting in her trunk while she was doing the behavior described.
 
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I believe I saw a computer screen at both the defense and prosecution tables, and one at the podium, too.


No, not the computer screens. It looks like a small black binder propped up in front of KC. That was an iPad. I saw him picking it up at the end of today's hearing. He was typing on a bluetooth keyboard.
 
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I don't think it was wrong, I think it was right on..

For right before that, ALyon said she didn't understand what the mitigating factors were in going for a DP sentence..so how could the defense place blame on RKronk as the SOD who dumped Caylee's remains and yet now know what the aggravating factors were...I do think it was appropriate and if it weren't JPerry would have said so to JA...I love JA's fight for Caylee's Justice..


Justice for Caylee

I agree about the remark itself. However, HHJP has admonished BOTH sides that ALL remarks should be addressed to the Court and warned them against addresssing each other. I just wish he wouldn't have turned to look at them.


heh...I'll give credit where credit is due - IMO, AL has mastered the art of playing the 'nasty-nice' game better than JA. He's gotta plenty of time to practice before trial.
 
  • #1,007
InSession is replaying testimony from ER. JMO, but AL sure picked a bad witness. No credentials whatsoever other than having read newspapers/media to write her articles and form opinions and no familiarity with this case.

She most likely picked this witness because she is the only person in America that believes women are discriminated against in criminal punishments because of their gender. It's simply not true, especially when it comes to women who kill their children. No one who has even glanced at the statistics would think that women are punished at a higher rate. Men are much more likely to get the death penalty than women.
 
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No, not the computer screens. It looks like a small black binder propped up in front of KC. That was an iPad. I saw him picking it up at the end of today's hearing. He was typing on a bluetooth keyboard.

Oh, you are right... I do remember seeing that now that you mention it. Curious that it was allowed.
 
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I agree about the remark itself. However, HHJP has admonished BOTH sides that ALL remarks should be addressed to the Court and warned them against addresssing each other. I just wish he wouldn't have turned to look at them.


heh...I'll give credit where credit is due - IMO, AL has mastered the art of playing the 'nasty-nice' game better than JA. He's gotta plenty of time to practice before trial.

I don't agree - I believe AL is transparently manipulative and it is clear to me that HHJP knows it.

The only thing I wish JA would do is read up on feminist beliefs and behaviors. What AL is espousing and representing are not feminist beliefs. And I say that as a feminist who has been marching, demonstrating and living the belief since the late 60's. Primarily it means to be given equal opportunity, in every way. Including the right to be judged.
 
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I didn't find the remark itself 'childish' at all. In fact, I found it spot on.

The only thing JA did wrong in my opinion, is when he looked at the defense table when he said it. He set himself up for AL to call him out on it, which she did. He should have just kept on looking at the podium. Everyone in the courtroom knew exactly where that pointed barb was aimed.



What I'm trying to say is the prosecution has always conducted themselves in a very professional manner and that snarky remark is what I have come to expect from the defense. To me it just adds to the circus atmosphere that the defense created and was proud that the prosecution never played into it.
 
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" I have no degrees or educational background" I love it!!! GO ASHTON

uh oh!

guess if this is there type of witness i better be looking for a supeaona soon ;)
 
  • #1,013
The more I look at KC on tv, the more certain I am that she is hypotensive. Look at how extremely pale she is. What ever they drugged her with this morning has really lowered her blood pressure. I she were my patient, I'd grab a blood pressure cuff and refuse to let her stand without assistance. IMPO, she is over-medicated.
 
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Does anyone else wonder why JA did not argue about the mitigating factors when he was speaking instead of having another hearing about it? Its been said by JA in a prior hearing with JS, maybe I am missing something.....:confused:

:crazy: now that I have had a chance to review the hearing without screaming toddlers running around I am understanding what was going on!!! :doh:
 
  • #1,017
Ummm possibly Chloroform?

well thinking about it again, if casey says in her letters that cindy bought it, then casey cant even take real credit for that either.
 
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I don't agree - I believe AL is transparently manipulative and it is clear to me that HHJP knows it.

The only thing I wish JA would do is read up on feminist beliefs and behaviors. What AL is espousing and representing are not feminist beliefs. And I say that as a feminist who has been marching, demonstrating and living the belief since the late 60's. Primarily it means to be given equal opportunity, in every way. Including the right to be judged.

BBM

I agree. It is her manipulative-transparency that makes her better at the 'nasty-nice' game, imo.

I love JA's passion and the way he uses it to fight for justice for Caylee. IMO, he just needs to learn how to 'temper' his passion when AL gets under his skin. It gives her far too much satisfaction and only encourages her to do more of it. If he hadn't turned to the defense table when he said the remark, AL would've never been able to say a word. Instead, it gave her the opportunity to ask HHJP to request that Mr. Ashton address his remarks to the Court.

fwiw, LDB is very good at handling it, though.
 
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I didn't find the remark itself 'childish' at all. In fact, I found it spot on.

The only thing JA did wrong in my opinion, is when he looked at the defense table when he said it. He set himself up for AL to call him out on it, which she did. He should have just kept on looking at the podium. Everyone in the courtroom knew exactly where that pointed barb was aimed.

I think JA did an excellent job today and will continue doing an excellent job in the future. I think he is very passionate about this case and will do everything within his power to make sure justice is served. However, If I am to speak truthfully, I hope when he approaches future witnesses on the stand, he extends a greeting out of courtesy. I think this is especially important when a Jury is seated. IMO
 
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