Attorney Seeks To Spare Casey Anthony From Death Penalty

[shgrbkr]

Hi and also here

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

Ah, the accidental overdose is irrelevant because by KC giving the child a drug that she obviously knew was wrong to do (the covert way she went about it), this was an act of felony child abuse. Add to that the likelihood that she had kept the child in the trunk WITH this drug that is administered via the respiratory system and there was little, if any, ventilation, the accidental nature of it becomes irrelevant. That a death occurred during the commission of a felony constitutes felony murder and/or first degree murder.
1st degree murder includes the killing of a child as a circumstance that qualifies it to be defined as such. The fact that the victim is a child AND a felony was committed against the child leads us to hands down 1st degree murder.
Manslaughter is the killing of a person without malice. IMO malice occurred with the administration of the chloro or whatever, and the premeditation that occurred regarding the obtaining the chloro be it by a home-brew recipe or direct order from a company. The commission of the felony was planned.

 

[justbeachy]

Don't mean to get off topic, but when I read Jane's post, I immediately thought of a fairly famous case in Australia, and looked the information up in Wikipedia:
From Wikipedia, the free encyclopedia
Azaria Chantel Loren Chamberlain (born 11 June 1980 in Mount Isa, Queensland) was a ten-week-old Australian baby who disappeared on the night of 17 August 1980 on a camping trip to Uluru with her family.
Her parents, Lindy and Michael Chamberlain, reported that she had been taken from their tent by a dingo. An initial inquest, highly critical of the police investigation, supported this assertion. The findings of the inquest were broadcast live on television — a first in Australia. Subsequently, after a further investigation and second inquest, Azaria's mother, Lindy Chamberlain, was tried and convicted of her murder, on 29 October 1982 and sentenced to life imprisonment. Azaria's father, Michael Chamberlain, was convicted as an accessory after the fact and given a suspended sentence.

Maybe JB could add the "dingo defense" to the list.

Maybe they shouldn't! Those two people were later acquitted!

"The cause of Azaria's disappearance has not been officially determined. The last and final official inquest listed the cause of her death as "undetermined." A body has never been found, only various items of bloodstained clothing. The Chamberlains, who were originally convicted, have been officially exonerated by the Court and eventually received some financial compensation. It is estimated that their legal fees exceeded five million Australian Dollars."

http://en.wikipedia.org/wiki/Azaria_Chamberlain_disappearance

I know, I know....off topic. Now back to our regularly scheduled programming.

 

[alwaysonmymind]

This sounds too OJ'ish. Caylee COULD have been "unwittingly" overdosed on a sedative OR MAYBE it was chloroform. "IF I DID IT"

ENOUGH KC- WHERE DID YOU PUT CAYLEES BODY???????

Stop trying to save your own life and tell where you put Caylee. BEFORE the thousands of caring people spend the weekend trying to find this sweet child that YOU threw away.

 

[justbeachy]

Didn't I hear something on NG last night about the doc possibly being leaked intentionally as a way to show "inadequate defense counsel" or something like that? If I remember correctly, it was NG just hypothesizing possible explanations. Does anyone remember that? Maybe I had a dream....

 

[marla]

Capri, I love your sig pic!

Very fitting for the occassion!

:clap:

 

[Lanie]

Ah, the accidental overdose is irrelevant because by KC giving the child a drug that she obviously knew was wrong to do (the covert way she went about it), this was an act of felony child abuse. Add to that the likelihood that she had kept the child in the trunk WITH this drug that is administered via the respiratory system and there was little, if any, ventilation, the accidental nature of it becomes irrelevant. That a death occurred during the commission of a felony constitutes felony murder and/or first degree murder.
1st degree murder includes the killing of a child as a circumstance that qualifies it to be defined as such. The fact that the victim is a child AND a felony was committed against the child leads us to hands down 1st degree murder.
Manslaughter is the killing of a person without malice. IMO malice occurred with the administration of the chloro or whatever, and the premeditation that occurred regarding the obtaining the chloro be it by a home-brew recipe or direct order from a company. The commission of the felony was planned.

Yeah, to me this would be like, "I just meant to put her to sleep by hitting her in the head with the sledgehammer, not bash in her skull, it was an accident..."
Lanie

 

[concentric]

If all else fails, maybe the defence could go for:

Mental Illness caused by ECU - Excessive Cellphone Use coupled with "Ringxiety."

 

[Mouser]

"Maybe the dingo ate your baybay!" - Elaine from Seinfeld

sorry, I couldn't resist

Hahaha! I just saw that episode for the first time, last night! Thought of Casey too.

 

[tasylshari]

Capri, I love your sig pic!

Very fitting for the occassion!

:clap:

Marla: I LOVE your avatar!!!!!!!!! I want one!!!!!!!!!!!!:blowkiss:

 

[tiredofthis]

"Maybe the dingo ate your baybay!" - Elaine from Seinfeld

sorry, I couldn't resist

Thanks for the laugh.

 

[PhoneBoothBandit]

"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."

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

This doesn't even make sense!!

It doesn't!

It appears the other attorney is more qualified than Baez. Baez is still playing along with - or perhaps even enabling? - Casey's lies that she doesn't know where Caylee is and she never killed Caylee. The other attorney seems to either know, or strongly assume that Casey did it, such is why he thinks Casey is mentally ill and is seeking to spare her from the death penalty.

For the sake of decency, Casey should just admit what she did. I was initially very against the line of questioning aimed towards Baez and the innuendo that there was an inappropriate relationship there - but I have completely changed my mind.

 

[Dr. Pennypacker]

This sounds too OJ'ish. Caylee COULD have been "unwittingly" overdosed on a sedative OR MAYBE it was chloroform. "IF I DID IT"

ENOUGH KC- WHERE DID YOU PUT CAYLEES BODY???????

Stop trying to save your own life and tell where you put Caylee. BEFORE the thousands of caring people spend the weekend trying to find this sweet child that YOU threw away.

I had the same thought when I heard this last night on NG.
It's like OJ 2.0
If I did it....then it was like this......
Give me a break
This is ABSOLUTLEY the craziest case I have ever heard of...also OJ, RB, PS.....

 

[PhoneBoothBandit]

Regardless of the mental disorder all that the state would have to prove is that she knew at the time right from wrong.

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

I do not think a jury will find that this is the case. Nor do I think a Judge will find it in sentencing. If this was the case the KC would have not gone through the extreme of covering up the crime, thus showing she knew right from wrong!

Again, I'm not saying that Casey's questionable mental disorders negate Caylee's death. I was just elaborating from my point that Casey can't be accused of having various disorders [which she may very well have] by the same people who are protesting that she could be able to use that in her defense. And just as a general note; I don't think she can adequately use an insanity defense anyway.

Casey will probably never admit to killing Caylee - so in all probability mental illness will not be used as a defense unless she concedes involvement in Caylee's death. However if Casey did eventually concede, I don't think she could use the insanity defense per se, but I do think that the defense could certainly use it to try and diminish her actions. Of course, if it came to this the prosecution would be well aware and probably find it easy to prove that Casey was in control of her actions (before, during and after the fact)

 

[LI_Mom]

So now the Casey defense thinks pictures of Casey as a baby might move people to show her sympathy????

http://www.local6.com/news/17917215/detail.html


Every murderer & monster was once a sweet, innocent baby.

Even Hitler.

 

[doogiesgirl]

Sorry but KC's baby pictures don't invoke any sympathy from me.....zip zero.

 

[Themis]

http://www.orlandosentinel.com/news/local/orange/orl-casey-anthony-death110508,0,6113475.story

Submitted by defense to prosecution outlining why prosecution should not seek death penalty, in part reads:

"The crime was not cold, calculated and premeditated. In the months leading up to Caylee's disappearance, Anthony's behavior was described by friends and family as "erratic and not entirely rational."

He wrote that filicide – the act of a parent killing a child – is different than other homicides. The underlying reasons why mothers kill are complex and can be divided into various categories. For example, one type is a parent who kills under influence of mental illness. Another type suggests a parent's motive may be to save the child from real or imagined harm.

Juries are more likely to show mothers mercy. He mentioned Andrea Yates – a Texas mother who drowned all five children – was sentenced to life in prison. Susan Smith, the Arkansas mother who pushed her car with her two children inside in a lake, got life in prison."


Is this an acknowledgement of Caylee's murder??


ETA: Changed thread title that was my question I was asking per request from mod.

Admissions: 1. There was a crime.
2. The crime included homicide.
3. The crime was filicide -- KC did it to Caylee.
4. The defense acknowledges Caylee is dead; not kidnapped and still alive.
5. Mental illness as a mitigating factor; not a complete defense to the crime is being proferred.
6. KC is guilty of the crime of killing Caylee but defense is hoping for mitigation of the DP for life in prison.
7. The reason KC killed is because she was under the influence of a mental disease or defect, was delusional and was trying to save Caylee from imagined harm.

Huge admissions here.

 

[Themis]

I was just going to post this. Whoa!!! Why wouldn't he wait to put this out there until after it was decided the state was going for the death penalty?

Attempting to persuade the States' Attorney from directing his staff to prosecute and argue for the DP.

 

[Mendara]

Susan Smith and Andrea Yates both admitted to killing their children. Casey Anthony has yet to tell the truth or lead anyone to Caylee, she continues to let her family suffer with th ehope of Caylee being alive. Casey Anthony is much more evil than Susan and Yates, she is a selfish murderer and one who has yet to admit to her crimes and end the pain for everyone.

She should get the death penalty and only if she leads LE to Caylee shoudl it even be considered for removal.

Susan and Yates got life, but those kids got a funeral and were put to rest and closure was brought. Casey Anthony is disgusting.

 

[JusticeorJustUs]

Susan Smith and Andrea Yates both admitted to killing their children. Casey Anthony has yet to tell the truth or lead anyone to Caylee, she continues to let her family suffer with th ehope of Caylee being alive. Casey Anthony is much more evil than Susan and Yates, she is a selfish murderer and one who has yet to admit to her crimes and end the pain for everyone.

She should get the death penalty and only if she leads LE to Caylee shoudl it even be considered for removal.

Susan and Yates got life, but those kids got a funeral and were put to rest and closure was brought. Casey Anthony is disgusting.

IMNSHO, Susan Smith should have received the DP. Andrea Yates - no. I didn't hear all the evidence, but quite a bit. I won't go into detail.

That woman, I do feel for. When she does finally realize what she's done she will probably have to be put on suicide watch. Her husband should have been convicted as an acomplice. I have my reasons for feeling that way. He should be behind bars for life.

Susan Smith and KC? Both deserve the DP and I would hope without benefit of appeals but I know that's not possible.

 

[Lanie]

Sorry but KC's baby pictures don't invoke any sympathy from me.....zip zero.

Yeah, all it makes me think is, "Aww, how nice you were allowed to live to see 3."
Lanie