Attorney Seeks To Spare Casey Anthony From Death Penalty

[LiveLoveLaughLiza]

If what is said in this link is true; will be kind of hard to argue any mental illnesses without a diagnosis from a professional.

http://www.wftv.com/news/17914492/detail.html

Eyewitness News learned that dissention among the defense team may be behind the release of those documents. The death penalty-qualified attorney, who is helping Jose Baez, said he wanted Casey to be evaluated by a nationally known psychologist who was involved in the Unabomber and the Elizabeth Smart cases. The attorney thinks Casey is mentally ill, but we’re told Baez rejected his suggestion.

**wish I could add more to the discussions, I have the flu and not thinking clearly and it hurts my fingers to type.**

 

[Patty G]

also these will all be taken into account prior to sentencing!

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0921/SEC231.HTM&Title=->2008->Ch0921->Section%20231#0921.231

The link doesn't bring up the information.

 

[BeanE]

Still no word from Baez huh? Interesting. Maybe today. This is a HUGE deal and surely reporters are anxious to get to him on it.

That and the document dump today - woot.

I heard a rumor that Baez is curled up under his desk in the fetal position, rocking himself and sucking his thumb. If true, it could be a little while till we hear from him.

 

[Elley Mae]

I heard a rumor that Baez is curled up under his desk in the fetal position, rocking himself and sucking his thumb. If true, it could be a little while till we hear from him.

I have to go to work, thanks for the laugh on my way out.

 

[butwhatif?]

None of those conditions are classed as mental illnesses. Generally, mental illnesses are conditions involving a break with reality and an inability to function. There's a psychosis present.

The conditions you mention are personality disorders and neuroses, and don't involve detachment from reality or (usually) prevent daily functioning. There's no psychosis, only neurosis. Most human beings have neuroses of one kind or another, either all their lives, or at various times in their lives. Some people do have a neurosis that is so severe, it interferes with daily functioning. Obsessive compulsive disorder comes to mind. OCD can be bad. They're still not mentally ill though, since there's no break from reality. They just have the neurosis so bad it gets to the point where they can't do the things people need to do on a daily basis (work, bathe, eat, groom, pay the bills, feed the dog).

Not only won't and can't those conditions fly under the terms of legal insanity, they don't fly as mental illnesses within the mental health community's definitions of mental illness.

One of the great things the detectives did who interviewed Casey at Universal was prove she's not mentally ill. It was so good, it could probably be used in classrooms to train detectives.

They asked all the right questions, in just the right way, to freely allow Casey the opportunity to exemplify any mental illness she might have. She came through with flying colors, on every single point of determination, showing no signs whatever of mental illness. Examples:

- She was perfectly aware of where she was, and where she had been.

- She was perfectly aware of what she was doing, and what she had been doing.

- She was perfectly aware that she was lying, and had been lying.

- She was perfectly aware that her lies were just that - lies. e.g. she knew she did not have a job or office at Universal, but rather that she was deliberately telling a lie, while knowing the truth the whole time.

- She was perfectly aware of why she was, and had been, doing what she doing.

- etc etc etc

There just are no signs there of any mental illness. But there are lots of big red flashing neon signs that she's a textbook sociopath. A perfectly functioning sociopath. Scary as hell, for sure. Mentally ill, nope.

I'm pretty sure that all the mood disorders (bipolar, PPD etc) fit under the catergory of mental illness, just not insanity by the legal definition.
They could argue postpartum psychosis, which would probably fit the insanity guidelines, but as you have stated (in very easy to read point form, I might add:blowkiss, it wouldnt fly because she wasnt even close to psychotic.
She knew exactly what she was doing.

 

[Capri]

I don't think it was leaked by the State. I think the defense did it. That's what makes it strange. Not the fact that it was written, but that they put it out there for public consumption.

I agree, the defense leaking speaks volumes, (if that's who leaked it.)

 

[Bev]

If the defense attorney is arguing against the death penalty, then KC's mental state would be a mitigating factor in the sentencing part of the trial.

 

[karenz]

I have tried to read all the posts but how come no one is mentioning the whole "accidental overdose". Is it on another thread? This is huge in itself. Definite defense strategy.

 

[ellieit]

The link doesn't bring up the information.

Sorry Patty...I am trying to find out and fix it....BRB~

 

[karenz]

I think once this goes to court we will all finally understand why she did what she did. All will be revealed. :crazy::crazy::crazy::crazy::crazy:

I understand exactly why she has done all of it. SHES A SOCIOPATH. :crazy:

 

[butwhatif?]

I have tried to read all the posts but how come no one is mentioning the whole "accidental overdose". Is it on another thread? This is huge in itself. Definite defense strategy.

There lots of talk about it on the nancy grace thread here...
http://www.websleuths.com/forums/showthread.php?t=74522

 

[ellieit]

do not know what is wrong with link...but here is what is states.

921.231 Presentence investigation reports.--

(1) Any circuit court of the state, when the defendant in a criminal case has been found guilty or has entered a plea of nolo contendere or guilty, may refer the case to the Department of Corrections for investigation and recommendation. Upon request of the court, it shall be the duty of the department to make either or both of the following reports in writing to the circuit court at a specified time prior to sentencing, depending upon the circumstances of the offender and the offense. The full report shall include:

(a) A complete description of the situation surrounding the criminal activity with which the offender has been charged, including a synopsis of the trial transcript, if one has been made; nature of the plea agreement including the number of counts waived, the pleas agreed upon, the sentence agreed upon, and additional terms of agreement; and, at the offender's discretion, his or her version and explanation of the act.

(b) The offender's sentencing status, including whether the offender is a first offender, habitual offender, or youthful offender or is currently on probation.

(c) The offender's prior record of arrests and convictions.

(d) The offender's educational background.

(e) The offender's employment background, including any military record, his or her present employment status, and his or her occupational capabilities.

(f) The offender's financial status, including total monthly income and estimated total debts.

(g) The social history of the offender, including his or her family relationships, marital status, interests, and related activities.

(h) The residence history of the offender.

(i) The offender's medical history and, as appropriate, a psychological or psychiatric evaluation.

(j) Information about the environments to which the offender might return or to which the offender could be sent should a sentence of nonincarceration or community supervision be imposed by the court and consideration of the offender's plan concerning employment supervision and treatment.

(k) Information about any resources available to assist the offender, such as:

1. Treatment centers.

2. Residential facilities.

3. Vocational training programs.

4. Special education programs.

5. Services that may preclude or supplement commitment to the department.

(l) The views of the person preparing the report as to the offender's motivations and ambitions and an assessment of the offender's explanations for his or her criminal activity.

(m) An explanation of the offender's criminal record, if any, including his or her version and explanation of any previous offenses.

(n) A statement regarding the extent of the victim's loss or injury.

(o) A recommendation as to disposition by the court. It shall be the duty of the department to make a written determination as to the reasons for its recommendation. The department shall include an evaluation of the following factors:

1. The appropriateness or inappropriateness of community facilities, programs, or services for treatment or supervision.

2. The ability or inability of the department to provide an adequate level of supervision for the offender in the community and a statement of what constitutes an adequate level of supervision.

3. The existence of other treatment modalities which the offender could use but which do not exist at present in the community.

If requested by the court, the department shall also provide to the court a summary report designed to expeditiously give the court information critical to its approval of any plea. The summary report shall include the information required by paragraphs (a), (b), (c), (j), (m), (n), and (o).

(2) In those instances in which a presentence investigation report has been previously compiled, the department may elect to complete a short-form report updating the above information.

(3) All information in the presentence investigation report should be factually presented and verified if reasonably possible by the preparer of the report. On examination at the sentencing hearing, the preparer of the report, if challenged on the issue of verification, shall bear the burden of explaining why it was not possible to verify the challenged information.

(4) The nonconfidential portion of the presentence investigation shall constitute the basic classification and evaluation document of the Department of Corrections and shall contain a recommendation to the court on the treatment program most appropriate to the diagnosed needs of the offender, based upon the offender's custody classification, rehabilitative requirements, and the utilization of treatment resources in proximity to the offender's home environment.

 

[karenz]

There lots of talk about it on the nancy grace thread here...
http://www.websleuths.com/forums/showthread.php?t=74522

Thank you!

 

[Avery]

I can't for the life of me believe this is happening. It seems like JB has lost complete perspective on the crime that his client is up against. IMO, it's more important to him to save face in the public eye than to save his client. It takes a more experienced attorney to come on board with eyes wide open which looks like what has happened rather than JB serving more of a PR role and hurting the case. The new attorney clearly knows the seriousness of this and believes in the evidence gathered thus far enough to fight for the possibility that she may be put to death. In the meantime, JB is still sticking with the same story and not only making himself look incompetient, but also makes me question his credibility, or at least what I had left of it. What's the harm in a psych eval JB? KC is savy enough at this point to go in and act dillusional.....a long shot to saving her life, but why not? The problem is, there has been such a bond formed between JB and his client that there is no way KC would fire him or CA and GA for that matter, leaving this all up to him to ring lead. This new death penalty attorney is clearly able to step back unemotional and work this case from a different angle. IMO, JB is doing nothing but spouting claims that he can't back up and hoping the house cards will not fall. Hopefully they will by this weekend, and then what? How much longer is one attorney going to have the power without the experience to back it up.

 

[JaneInOz]

I have tried to read all the posts but how come no one is mentioning the whole "accidental overdose". Is it on another thread? This is huge in itself. Definite defense strategy.

Hi and also here

http://www.websleuths.com/forums/showthread.php?t=71683&page=12

 

[Pink Panther]

I wonder whose bright idea it was to throw in the childhood pictures?

 

[BeanE]

If what is said in this link is true; will be kind of hard to argue any mental illnesses without a diagnosis from a professional.

http://www.wftv.com/news/17914492/detail.html

Eyewitness News learned that dissention among the defense team may be behind the release of those documents. The death penalty-qualified attorney, who is helping Jose Baez, said he wanted Casey to be evaluated by a nationally known psychologist who was involved in the Unabomber and the Elizabeth Smart cases. The attorney thinks Casey is mentally ill, but we’re told Baez rejected his suggestion.

**wish I could add more to the discussions, I have the flu and not thinking clearly and it hurts my fingers to type.**

Wow! Thanks for that lilnk, Liza. Hard to understand why Baez (and Cindy too) keeps pulling that rope around Casey's neck tighter and tighter. I guess he's got a whole line of death-penalty qualified attornies just chomping at the bit to jump in and defend her.

Me, I'd step back and tell the DP attorney to do everything and anything he felt he had to, and ask him what he wanted me to do and then I'd do it. I don't think Casey's mentally ill, but I'd be smart enough to recognize that 1) I had the life of my client in my hands, and 2) the DP attorney has more experience than me and the best interests of my client would therefore be best served by using the defense he felt gave my client the best shot at avoiding the DP.

I mean, what is this? Come help me on this nightmare of a case I'm not qualified to defend, but I'm gonna reject the help you try to give me??

Sorry you're sick, Liza, and hope you feel better soon. I enjoy your posts. Take care! :blowkiss:

 

[justbeachy]

This defense team had better figure out ONE story and stick to it.

If they are going to say that Caylee is alive and was kidnapped, they had better stick with that story until the end of time. Even is Caylee is found, they had better stick with the kidnapping story to establish any sort of reasonable doubt.

If, however, they are going to throw out something about accidental overdoses (or some other hooey that they are making up), then they had better pick that defense and GO WITH IT.

And they can't change their minds after Caylee is found. If Casey sticks to the kidnapping story until Caylee is found and then changes to "Oops, it was an accident" no person in their right mind would believe her.

If, however, she says it was an accident now and tells them where the body is, I think she could get life instead of the death penalty. And, a miracle worker might be able to convince a jury of a mental illness defense.

If we find that baby without Casey's help, I personally think she has ruined any chances for herself. People are already angry. She is just asking for the dp if she throws out an accident excuse after we find Caylee. If, however, she starts talking and tells us where Caylee is, she could go with the mental illness or accident defense and she might have a chance at survival.

 

[BeanE]

do not know what is wrong with link...but here is what is states.

Excellent info! Thanks very much for posting it, ellieit!

 

[ellieit]

If the defense attorney is arguing against the death penalty, then KC's mental state would be a mitigating factor in the sentencing part of the trial.

b) Whether sufficient mitigating circumstances exist which outweigh the aggravating circumstances found to exist;

I beleive that the aggravating outweigh the mitigating in this case after reading the chapter.

The first one for aggravating is

1(a) The capital felony was committed by a person previously convicted of a felony and under sentence of imprisonment or placed on community control or on felony probation.

Again why I think they want this fraud case to be after the murder case.

(l) The victim of the capital felony was a person less than 12 years of age

(m) The victim of the capital felony was particularly vulnerable due to advanced age or disability, or because the defendant stood in a position of familial or custodial authority over the victim.

6) MITIGATING CIRCUMSTANCES.--Mitigating circumstances shall be the following:

(a) The defendant has no significant history of prior criminal activity

.

She would if the fraud case went forward

(b) The capital felony was committed while the defendant was under the influence of extreme mental or emotional disturbance.

The Blockbuster tape and Fushion pictures would disprove this.