Casey Anthony attorneys: Throw out murder indictment

[spqr]

This is true and supported by the State's ridiculous array of charges; i.e., murder one but not murder two, then aggravated child abuse and manslaughter. The prosecution's own set of charges reveals that they do not feel that they have the required highly reliable evidence to prove there was a murder, much less murder one.

You are entitled to your opinion but I believe you misconstrue the wording of the law as written as well as the definition of the charges at hand. The detail of the explanations and definitions are too extensive for me to post here. But in essence, the charge(s) are not duplicating nor do they fall under the "double jeopardy" clause.

Sometimes in order to commit a certain crime, another crime has to have been committed in order to facilitate the commission of the other included crime. One example...manslaughter/murder of caylee. By pure definition and willful act, you had to have committed child abuse if she subsequently ended up dead. You cant say well she killed her, but she didn't abuse her. That is insane to say the least.

If you want links to the legal definitions and terminology of the corresponding penal law...let me know

JMHO

 

[MD MOMMY]

This is true and supported by the State's ridiculous array of charges; i.e., murder one but not murder two, then aggravated child abuse and manslaughter. The prosecution's own set of charges reveals that they do not feel that they have the required highly reliable evidence to prove there was a murder, much less murder one.

BUT they feel they have enough to put the Death Penalty on the table?

 

[RR0004]

Ms. Anthony cannot formulate a defenseinocchio: which is it? They can't formulate a defense, or we will all understand it come trial?:loser:

...or we have proof...oops no, what we mean is you provided us the proof...uh...

 

[Gnatcatcher]

This is true and supported by the State's ridiculous array of charges; i.e., murder one but not murder two, then aggravated child abuse and manslaughter. The prosecution's own set of charges reveals that they do not feel that they have the required highly reliable evidence to prove there was a murder, much less murder one.

BBM

Ohhhhhhhhhhhhhhhhh.... that's right, there wasn't any murder. See, after accidentally falling face first into the sticky side of a few 9" pieces of duct tape, that baby accidentally skidded feet first into a couple of bags and then the knots got tied by twisting in the blowing wind and then she slid out into the middle of the woods, all because she accidentally sneezed too hard from having had the flu, which of course can't be proven because she doesn't have any nasal passages left. THAT'S how she died! That's right. I remember now. It wasn't murder after all! Brilliant. I'm so glad you reminded me. Ok, everybody move along... nothing to see here, go back safely to your homes. Ga'head Casey, be free, and ah, ooops, sorry love. Don't hold it against us, 'k? xoxo love ya!

 

[RR0004]

All I can say is those bugs must have some story to tell.

 

[Nosey Parker]

All I can say is those bugs must have some story to tell.

I think vegetation might have a good chapter to add too, RR0004.

 

[RR0004]

From the daily news thread (#10)
(snip)
Also, Anthony's lawyers say there is no proof that Caylee was killed in a cold, calculated and cruel manner. They argue the indictment is defective, because it contains no facts; therefore, the defense has no idea how to defend her against the murder charge.

I do believe the duct tape placed on the mouth, face and hair of Caylee would be enough proof that she was killed in a VERY "cold, calculated and cruel" manner. That alone would be why JB and his team have no idea how to defend KC against the murder charge....

Isn't that indictment over a year old? Now, they say they can't defend her? It took them this long to figure out they got squat?

 

[RR0004]

This is true and supported by the State's ridiculous array of charges; i.e., murder one but not murder two, then aggravated child abuse and manslaughter. The prosecution's own set of charges reveals that they do not feel that they have the required highly reliable evidence to prove there was a murder, much less murder one.

In your opinion, right?

 

[twomanywords]

Four top legal minds(OK-three), and they have NO idea how to defend her???????????

 

[believe09]

Genius....is this a copy paste from an SA motion regarding the compelling evidence the defense had proving Casey was not guilty???

 

[Wudge]

You are entitled to your opinion but I believe you misconstrue the wording of the law as written as well as the definition of the charges at hand. The detail of the explanations and definitions are too extensive for me to post here. But in essence, the charge(s) are not duplicating nor do they fall under the "double jeopardy" clause.

Sometimes in order to commit a certain crime, another crime has to have been committed in order to facilitate the commission of the other included crime. One example...manslaughter/murder of caylee. By pure definition and willful act, you had to have committed child abuse if she subsequently ended up dead. You cant say well she killed her, but she didn't abuse her. That is insane to say the least.

If you want links to the legal definitions and terminology of the corresponding penal law...let me know

JMHO

(chuckle)

Please note that I neither mentioned nor implied a double jeopardy situation.

More to the point, is not murder two a lesser charge of murder one? Prosecutors skipped charging Casey with murder two for what reason? Perhaps a lack of evidence to prove murder two?


I appreciate the offer.

 

[Pollywog]

And JB said on the 48 hours show when asked a question he obviously could not answer he said "we will answer that in court". When asked a direct question he always says that and he says KC can clear her name in court. Well ok then lets clear it so we do not have to hear from this evil family again.

These people are using everything they can to stall this because they know she is guilty and there is no way they can defend her. They all need to just get on with it and let it be over. They have to know she lied and still lies. If I were her, I would admit to whatever even if it was an accident (which I doubt) and hope to get life rather than the death penalty that she may get.

I am really tired of this family and everything they do or don't do. There are other things we can spend our tax dollars on other than lies, IMO

 

[doogiesgirl]

You all want to know something? (I didnt read the thread yet, I have to rant or explode)

I went to the news thread and see 10 posts, and I start reading through them and I actually howled in frustration, PLEASE let this women just go to trial and go to &*(&*(^% jail so I dont have to put up with this idiocy anymore! It defies belief! No FICTION of this would EVER be published because it is too far out. more tattoos? george in diamond earrings? NO FACTS FROM PROS.??

Here JB I got some facts for you!

1. A DEAD BABY GIRL
2. A LYING CASEY
3. 31 DAYS
4. 31 DAYS
5. 31 DAYS
6. 31 DAYS
7. "CALLING YOU GUYS? A WASTE. A HUGE WASTE."


oh, what happened to all facts will come out at trial? now that the SA wants yall to give up your goods, suddenly you cant defend Miss Girl because....you have no facts to argue against? But she is "innocent", right?


oh, wait. you guys arent that stupid either.

Now don't misunderstand what I'm about to say....b/c I'll tell you right now I've felt like you are many many times in the last year and three and a half months but after I cool down I always wonder......is this why KC is the way she is? B/c she pushed her parents to such frustration that they just threw up their hands and gave in to her? That's what she wants from us you know.....to push us all to say "good god, this is too much bother, just forget it". What she doesn't realize is "it's over little girl....you are done....it's not your parents you are pushing this time". MOO

 

[RR0004]

I have a novel defense: tell the truth!

 

[lizzysf]

From the daily news thread (#10)
(snip)
Also, Anthony's lawyers say there is no proof that Caylee was killed in a cold, calculated and cruel manner. They argue the indictment is defective, because it contains no facts; therefore, the defense has no idea how to defend her against the murder charge.

I do believe the duct tape placed on the mouth, face and hair of Caylee would be enough proof that she was killed in a VERY "cold, calculated and cruel" manner. That alone would be why JB and his team have no idea how to defend KC against the murder charge....

It seems they are baiting the SA to have to defend the charges by going on record citing the evidence that proves the "cold, calculated, and cruel manner".... Could this be some kind of step in a scheme they are hatching..? Is it more complex than we are seeing?

 

[ExpectingUnicorns]

I got really upset with defense's first motion to dismiss but then our WS legal posters calmed my nerves by saying it really wasn't unexpected. Is this second motion also considered 'not out of the ordinary' leading into a murder trial? TYIA.

 

[Kentjbkent]

I got really upset with defense's first motion to dismiss but then our WS legal posters calmed my nerves by saying it really wasn't unexpected. Is this second motion also considered 'not out of the ordinary' leading into a murder trial? TYIA.

Naw....my opinion is that AL is giving you (us) exactly what she promised us when she got involved in the case....a flurry of mass motions....and so it begins.

(She didn't say that they had to actually make sense, or be her own work...)

 

[marspiter]

LOL anyone want to take bets on how this motions will go over in court? I'm guessing like one of my favorite bands...Led Zeppelin (Lead Balloon if you prefer).

Hmm they mention that the Death Penalty can't be placed in order to acquire a guilty plea. So maybe there is truth to Casey not accepting a plea deal. Wasn't sure if that was ever officially answered.

The GJ came back with a true bill. They felt then that the SA had enough evidence to proceed.

To me this motion just sounds like the defense claiming. Umm your honor we have no defense for our client. You see she won't drop this silly nanny story and even though we have stated in open court we have evidence that can prove her innocent ...well umm we kinda told a half truth...I mean we lied....oh and you know those photo's on the secure server that you allowed us to send out to our experts..yeah well umm we can't verify how People Magazine got them.

 

[Bittiness39]

I think what they want is for the prosecution to just shake with uncontrollable fear at their motions and let KC go. As if. They know that a dead Caylee was in KC's car trunk. Not in Kronks. Not in JG's trunk. Not in his family's trunk. Not in Kiomarie's trunk. Not in AH's trunk. Not in any of KC's latest and greatest hits' trunks. Not in TL's trunk. Not in Tim Miller's trunk. The rest is just smoke and mirrors. Posturing. Throwing around documents as though they have a purpose. To wit: they are the ones that said KC would be exonerated in court. They were the ones that said in public without prompting that they had evidence in their possession to exonerate KC. They are the ones that keep insisting KC needs to have, deserves to have her day in court...and yet...don't file for a speedy trial. And yet they don't want a gag order put in place. Don't want the victim of KC's fraud and deception and theft to have her day in court. Don't want to accept the inevitable. All the while, whining to any microphone and television camera that they are being treated unfairly.

 

[lizzysf]

I got really upset with defense's first motion to dismiss but then our WS legal posters calmed my nerves by saying it really wasn't unexpected. Is this second motion also considered 'not out of the ordinary' leading into a murder trial? TYIA.

That's what I am wondering too. Is it being done for a purpose..either for at trial or appeal stage?