2010.05.13 Prosecution lists Aggravating Factors

[Paintr]

We saw this coming a mile away:

I just want to say that the defense team let me down. I bet they would demand this last Friday at 10 minutes to 5. They are days late! LOL!

 

[logicalgirl]

"cept I was expecting it sooner........:blushing::twocents:

Does the State really have to give them everything?????:banghead::furious:

My impression from reading the info I have is they will eventually have to give the Defense the supporting evidence but closer to the trial date. I think AZLawyer or RHornsby will be able to tell us for sure.

 

[21merc7]

zoey;

I think Ted just wanted someone, anyone to finally stop him. Now the worst states would be Texas and Virginia.

Why did Ms. Lyon choose Florida? She didn't. She chose a case that would get her otherwise unknown self out there in the media and sell her book like hotcakes. She is really there for that reason, sure she is against the Death Penalty, but she is there for the publicity too. Sad, but true.

Paintr, I would have bet with you this would have been done last Friday at 5 minutes to 5 also, lol!

 

[kaRN]

you know i was thinking about this today......the defense keeps saying that SA cant prove what killed caylee.....listening to them argue that is needed in a DP case at the last hearing trying to get the the DP dismissed...really got me thinking......

I dont think SA does.....they dont need the form of death.....its the aggravated child abuse is the key.....i think that is what changed the SA minds about the DP.....

we know caylee died

we know caylee had duct tape on her

SA is going to argue face, hair and head.....

Defense knows there is duct tape but they are going to argue it wasnt over her mouth and nose......

all I know since i havent seen the pictures of the skull and duct tape, is that there was duct tape stuck to the skull and hair....

as far as how caylee died....in what caused her death....to me it doesnt matter.....it could of been...

suffocation, choked on vomit, heat, drugs, blunt force, ......even if caylee had some kind of disease and died of natural causes......it doesn't matter....

the fact that she died during the aggravated child abuse is the key......even if the defense can prove some how that the duct tape wasn't over her mouth and face....it doesn't matter........the killer still put duct tape on caylee for whatever reason and that is aggravated child abuse

I think the SA can prove 1-4 no problem at all
number 5 in the mothers care is the only one they need to convince the jury of.....( I think they will)

anyway just my thought for the day.....if this is OT sorry mods.....

You got me thinking....Child neglect is a form of child abuse. Aggravated child neglect could include denying the unborn child access to health care. It might also include the 31 days KC failed to report Caylee missing and at risk. The duct tape could just be icing on the cake. Legal opinion?

 

[logicalgirl]

zoey;

I think Ted just wanted someone, anyone to finally stop him. Now the worst states would be Texas and Virginia.

Why did Ms. Lyon choose Florida? She didn't. She chose a case that would get her otherwise unknown self out there in the media and sell her book like hotcakes. She is really there for that reason, sure she is against the Death Penalty, but she is there for the publicity too. Sad, but true.

Paintr, I would have bet with you this would have been done last Friday at 5 minutes to 5 also, lol!

LOL - thank you for choosing to ignore my Andrea snarkiness,

 

[kaRN]

Went over to read Hal's column and the first comment in the comment section caught my eye.
There is a link provided which I didn't check but will.

The comment is In the United States there are currently 189 women awaiting execution on death row for murdering their children. Umm - Andrea? Why Florida?

Sunshine laws guarantee her lots of publicity IMO.

 

[21merc7]

LOL - thank you for choosing to ignore my Andrea snarkiness,

Oops, sorry. I am not good at typed communication and understanding it is even more difficult. Lol on me. :blushing::crazy:

 

[Paintr]

zoey;

I think Ted just wanted someone, anyone to finally stop him. Now the worst states would be Texas and Virginia.

Why did Ms. Lyon choose Florida? She didn't. She chose a case that would get her otherwise unknown self out there in the media and sell her book like hotcakes. She is really there for that reason, sure she is against the Death Penalty, but she is there for the publicity too. Sad, but true.

Paintr, I would have bet with you this would have been done last Friday at 5 minutes to 5 also, lol!

ITA on your opinion about Ms Lyon (no s).

As for the bet, we both would have lost our 14 cents and our ham sandwiches. LOL! Wonder what took them so long? :waitasec:

 

[countzero]

zoey;

I think Ted just wanted someone, anyone to finally stop him. Now the worst states would be Texas and Virginia.

Why did Ms. Lyon choose Florida? She didn't. She chose a case that would get her otherwise unknown self out there in the media and sell her book like hotcakes. She is really there for that reason, sure she is against the Death Penalty, but she is there for the publicity too. Sad, but true.

Paintr, I would have bet with you this would have been done last Friday at 5 minutes to 5 also, lol!

She certainly didn't go running to Virginia to defend the charged and convicted DC sniper killer John Allen Muhammund who was executed last November. He had public defenders. A case one would think ALyon would have loved to put on her list. Virginia doesn't have anything close to Fla sunshine laws, so we heard all the states evidence at trial.

I agree with ya, ALyon doesn't give a rat about ICA. Like JB it's all about her and grandstanding. This latest motion is but another deflection and I hope HHJP puts a stop to this type of legal abuse of the system. Now.

 

[AZlawyer]

You got me thinking....Child neglect is a form of child abuse. Aggravated child neglect could include denying the unborn child access to health care. It might also include the 31 days KC failed to report Caylee missing and at risk. The duct tape could just be icing on the cake. Legal opinion?

Lack of prenatal care is not aggravated child abuse, and KC is charged with child abuse that occurred at the time we are talking about (June-July 2008), not back in 2005. Also, the 31 days is not child abuse because, for one thing, Caylee was already dead . The state is not going to argue that Caylee was alive during that time period, and certainly the evidence weighs against that possibility.

The agg. child abuse could be covering Caylee's air passages with duct tape, using chloroform or some other drug on Caylee, and/or leaving Caylee in the trunk.

 

[zoey]

Lack of prenatal care is not aggravated child abuse, and KC is charged with child abuse that occurred at the time we are talking about (June-July 2008), not back in 2005. Also, the 31 days is not child abuse because, for one thing, Caylee was already dead . The state is not going to argue that Caylee was alive during that time period, and certainly the evidence weighs against that possibility.

The agg. child abuse could be covering Caylee's air passages with duct tape, using chloroform or some other drug on Caylee, and/or leaving Caylee in the trunk.

Thanks for putting the legal spin on these issues....sometimes I think that the legal arena isn't all that it should be for the victims....I get the constitual rights and all that BUT..........there are times.... I also wish that the defense would let up on the SA "leaking" bit---they are the ones that have filed with the media before the courts.....

thanks again for all you do!!!!

 

[logicalgirl]

Oops, sorry. I am not good at typed communication and understanding it is even more difficult. Lol on me. :blushing::crazy:

I think you are very good at it - and you are right - more publicity here.

I'm actually looking forward to listening to her in the penalty phase as much as I make fun of her dramatic style and ahem fashion sense.

 

[Muzikman]

WFTV has today's motions up:

http://www.wftv.com/news/23621581/detail.html

 

[lisalei321]

WFTV has today's motions up:

http://www.wftv.com/news/23621581/detail.html

:dance: You Rock! :dance:

 

[watcher9]

It looks to me like the last sentence wasn't completed in the Motion to Strike document before it was filed. Typical filing I guess.

 

[Muzikman]

It looks to me like the last sentence wasn't completed in the Motion to Strike document before it was filed. Typical filing I guess.

It looks to me like WFTV may have left a page out.

I DO take issue with #8, where they accuse the state of not noticing them "before releasing it to the Media."

That statement is IDIOTIC on their part. The state does not release these filings to the media - they are filed with the clerk, and then the media pays for them.

And I would bet money that the defense was noticed, and the state will be able to prove it. It wouldn't be the first time the defense got something and didn't realize it! They are so disorganized it isn't even funny - especially, since as they like saying, there's a LIFE on the line. :loser:

.

 

[Themis]

It looks to me like WFTV may have left a page out.

I DO take issue with #8, where they accuse the state of not noticing them "before releasing it to the Media."

That statement is IDIOTIC on their part. The state does not release these filings to the media - they are filed with the clerk, and then the media pays for them.

And I would bet money that the defense was noticed, and the state will be able to prove it. It wouldn't be the first time the defense got something and didn't realize it! They are so disorganized it isn't even funny - especially, since as they like saying, there's a LIFE on the line. :loser:

.

Not to mention that it appears the State has received a continuing public records act request from the media and would probably be under a legal duty to release said public records to the media in accordance with that law. The defense can't prevent the State from complying with the law. :snooty:

 

[Aedrys]

We saw this coming a mile away:

Yes, yes we did. And there's more according to

Apparently they're also whining that the state didn't give them notice that they were going to file this.

WHAT? *faints* *regains consciousness*

DIDN'T THE STATE AGREE TO FILE IT IN THE DANG HEARING? What, Baez, you were expecting an exact date and time down to the second?

I feel like I am losing my mind. Did I not hear that in the hearing? Didn't the state agree, right in front of Baez, to file that list? Is not that good enough, AZlawyer?

So not only did they not tell you they were filing it, on top of that they weren't detailed enough.

WHAT? THE!?!?!! *faints again* *regains consciousness, but it takes more time*

Are you BLIND? Can you NOT figure this out for yourself? WHAT MORE DETAIL COULD YOU POSSIBLY NEED?

I am just COMPLETELY blown away by this motion.

Holy freaking COW, SOMEONE NEEDS TO QUIT WHINING AND GET A CLUE!!!!!!

 

[nyvictoria]

It looks to me like WFTV may have left a page out.

I DO take issue with #8, where they accuse the state of not noticing them "before releasing it to the Media."

That statement is IDIOTIC on their part. The state does not release these filings to the media - they are filed with the clerk, and then the media pays for them.

And I would bet money that the defense was noticed, and the state will be able to prove it. It wouldn't be the first time the defense got something and didn't realize it! They are so disorganized it isn't even funny - especially, since as they like saying, there's a LIFE on the line. :loser:

.

bbm

MM, ITA! And, thanks for always keeping us up to date and informed :blowkiss:

I'm sure JB faxed this motion to strike directly to the media! :loser:

 

[Muzikman]

Yes, yes we did. And there's more according to

Apparently they're also whining that the state didn't give them notice that they were going to file this.

WHAT? *faints* *regains consciousness*

DIDN'T THE STATE AGREE TO FILE IT IN THE DANG HEARING? What, Baez, you were expecting an exact date and time down to the second?

I feel like I am losing my mind. Did I not hear that in the hearing? Didn't the state agree, right in front of Baez, to file that list? Is not that good enough, AZlawyer?

So not only did they not tell you they were filing it, on top of that they weren't detailed enough.

WHAT? THE!?!?!! *faints again* *regains consciousness, but it takes more time*

Are you BLIND? Can you NOT figure this out for yourself? WHAT MORE DETAIL COULD YOU POSSIBLY NEED?

I am just COMPLETELY blown away by this motion.

Holy freaking COW, SOMEONE NEEDS TO QUIT WHINING AND GET A CLUE!!!!!!

BBM - What they are referring to, is when a motion/order etc is filed, the opposing parties (and the judge) should have copies sent to them, AKA "noticing".

This statement by them is so whiny it's not funny - because THEY have given motions to the media before filing, numerous times.
The state does not do that with their motions - they file with the clerk, then the media (and myself) gets their copies from the clerk.