Casey's Defense Team. What Now? #2

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  • #81
  • #82
Wow...I don't have any legal background. You are saying from this post the even Scott Peterson was wrongly convicted based on the law?

Correct (insufficent evidence and speculation by jurors).
 
  • #83
Some hints.....


VELEZ-MITCHELL: Drew?

FINDLING: I`ll tell you when the mistake was made and I was interviewed about this in August. The mistake was made in the hasty nonsense arrest of Casey back in the beginning of the case. This isn`t, unfortunately, the first of these cases and even more unfortunately, it`s not the last. But in cases of this magnitude with missing children, normally you let the patient linger out from. You can constitutionally wiretap bedrooms, phones, cars, everything. You`ve got psychics --

VELEZ-MITCHELL: Why is that a mistake, Drew?

FINDLING: That`s not the way these cases are usually investigated and then you don`t have to worry about psychics. You don`t have to worry about bondsmen coming in from other parts of the country. You let the person if you think they did it, crack and you take more than one shot at an interview.

This was poorly handled from the beginning.

They had to arrest her when they did because they KNEW she was a sociopath and knew she would never crack. I believe there were wiretaps when she was out of jail. They have a air tight case if they don't throw in that another one of the Anthonys did it which I believe they will.
 
  • #84
  • #85
The burden of proof is entirely on the State. Based on the evidence we know of, prosecutors do not have clear and unyielding evidence to support the premeditated murder charge.

No defense is needed.

There is a difference in this case..............they do not have to prove premeditated murder - the child died as a direct result of her actions which is with aggravating circumstances which in Florida makes it premeditated.
 
  • #86
At this point, if I were the defense, I would just tuck my tail between my legs and kiss my rear goodbye.
There is no defense to this IMHO
Baez's only hope in winning this, is to walk away from Casey and try to regain his career that the SA is about to crush to nothing!

I believe you will see some of these "experts" leaving this case. Baez showed his inexperience by not pleading her out in the beginning. If he is smart he will plead her now, but I don't believe he is that intelligent and they may not even take a plea at this point.
 
  • #87
All of these conjectures after the fact are just that............conjectures as he was convicted and he will not be free to kill again.

All wrongful conviction appellate issues are necessarily after-the-fact. However, the issue is deduction based. Conjecture is absent.

If you want to discuss the Peterson case, you will find Peterson thread #30 in websleuths' "Parking Lot" forum.
 
  • #88
The burden of proof is entirely on the State. Based on the evidence we know of, prosecutors do not have clear and unyielding evidence to support the premeditated murder charge.

No defense is needed.

Motive, accident, it doesn't matter. She committed aggravated child abuse the way she took care of this child. And all they have to do is prove that resulting in a death, you've got first-degree murder.

Why agonize over premeditation when you have a much easier way to prove the case?
 
  • #89
I'm thinking that the defense will continue to go with Caylee being taken by someone or people and that KC had to make up a name (ZG) or they told her to use the name (ZG) - and that info was in the script to use for 30/31 days - Main thing defense will do is try to disprove any forensics LE has. But I still don't think this will go to trial - I think there are more New Bombshells to happen, and JB truly realizing what LE has and if there is any connection from PI to A's the Celebrity Defense experts will drop out and there will be a deal.

They probably will still say that a nanny took her and did this. I can't help but wonder how will they explain there was a nanny if there was no job?
Why would KC bring her to someone if she was not working?
 
  • #90
All wrongful conviction appellate issues are necessarily after-the-fact. However, the issue is deduction based. Conjecture is absent.

If you want to discuss the Peterson case, you will find Peterson thread #30 in websleuths' "Parking Lot" forum.

I don't want to discuss it - you brought it up here and it has no application at all to this case.
 
  • #91
There is a difference in this case..............they do not have to prove premeditated murder - the child died as a direct result of her actions which is with aggravating circumstances which in Florida makes it premeditated.

Mind you I am not trying to get KC off, because in my soul I believe she is guilty as sin.

But, I would think the SA and LE have to prove that KC was in possession of the car the entire time during the 31 days Caylee was not seen in public by another person. This is one part of the case that bothers me. I really hope LE can prove no one else had possession of the car between June 15 and the date the car was towed.

I haven't seen any evidence that proves LEGALLY Caylee passed as a direct result of KC actions. Public opinion may see it, I see it. CAN LE PROVE IT according to the law?
 
  • #92
I believe you will see some of these "experts" leaving this case. Baez showed his inexperience by not pleading her out in the beginning. If he is smart he will plead her now, but I don't believe he is that intelligent and they may not even take a plea at this point.

No if KC tells him not to. He has to do as she directs him. He can attempt to persuade her to plead guilty, but she has the final say.
 
  • #93
There is a difference in this case..............they do not have to prove premeditated murder - the child died as a direct result of her actions which is with aggravating circumstances which in Florida makes it premeditated.

Prosecutors charged Casey with committing a premeditated murder. They did not charge Casey with felony murder. Therefore, prosecutors must prove their premeditated murder charge.

HTH
 
  • #94
  • #95
Mind you I am not trying to get KC off, because in my soul I believe she is guilty as sin.

But, I would think the SA and LE have to prove that KC was in possession of the car the entire time during the 31 days Caylee was not seen in public by another person. This is one part of the case that bothers me. I really hope LE can prove no one else had possession of the car between June 15 and the date the car was towed.

I haven't seen any evidence that proves LEGALLY Caylee passed as a direct result of KC actions. Public opinion may see it, I see it. CAN LE PROVE IT according to the law?

I think they can. The standards for aggravated child abuse are very low. In this case they may be higher, but the lack of a job, lack of providing a place to live, the having her at parties and other places where there were drinking and drugs, her sleeping in the bed with her lovers, etc.
 
  • #96
I think the defense is trying to create a Defense for Casey ... the abandon house owned by HGonzalez the video tape of the area Caylee was found ....they are trying create doubt.....
 
  • #97
Prosecutors charged Casey with committing a premeditated murder. They did not charge Casey with felony murder. Therefore, prosecutors must prove their premeditated murder charge.

HTH

Aggravated child abuse resulting in a death, is premeditated murder under Florida statutes. I am sure you know that.
 
  • #98
I think the defense is trying to create a Defense for Casey ... the abandon house owned by HGonzalez the video tape of the area Caylee was found ....they are trying create doubt.....

I believe they were too, but that one went down the drain when our WS, Michelle and others found the house and put the media on it.
 
  • #99
Motive, accident, it doesn't matter. She committed aggravated child abuse the way she took care of this child. And all they have to do is prove that resulting in a death, you've got first-degree murder.

Why agonize over premeditation when you have a much easier way to prove the case?

Casey is not charged with felony murder. The charge is a premeditated murder. A jury can convict against the charges, nothing more.

HTH
 
  • #100
Yes Wudge, Scott Peterson sits on death row where he belongs and they had no idea how his wife was killed or where she was killed. No circumstances of why she was killed, manner or death or anything else. Look where he sits? KC will sit there soon. Much much more evidence against her than Peterson.


Did the state have any of above to convict Scott Peterson and give him the death penalty?
 
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