OCSO Claims No New Charges On The Horizon

[lostnfound85]

I really don't understand, finding a body will give them nothing more, they already have Caylee dead in the trunk, with chloroform as the murdering agent, what more do they want?

 

[gitana1]

snipped......except according to FL double jeopardy law if she is prosecuted on the neglect charges she can not be prosecuted for murder.

It doesn't make sense to me about the law, I understood double jeopardy to be different but several WSers have made the comment that in FL if she is tried under neglect then she can't be tried under muder.

I have heard this several times as well. However, it goes against everything I ever learned as a lawyer and I tried to do some research on FL law and found nothing that states that prosecution for neglect charges would preclude prosecution for murder. The law as I understand it (and I do not do crim law) is that one cannot be charged twice for conduct arising from the same set of facts. Well, we have two sets of facts here. For neglect and obstruction those would be failing to report a child missing for 31 days and then leading LE on a goose chase when they are frantically searching for the child. (Taking them to a fictional job to look for fictional contacts to find a fictional nanny). For murder, it would be the unlawful killing of Caylee with malice aforethought. Two completely different sets of facts. Am I missing something here? Do we need some crim lawyers to address this issue? A thread on this topic?

 

[websurfer]

Couldn't that girl[lady] also others at Tony's ? At parties where Caylee was taken testify to the facts that Casey was not watching or tending to Caylee?

That is definately neglectful .

While Caylee was at the places she was taken to?
Also, I bet that is a point of contention with the Child Protection Services in the area where TONY lives ,and the one where Casey's family lives ?
If the neglect was at a Party at Tony's in winterPark wouldn't charges come up on her for it in a fifferent district?
Also from Orange County?
I hope people who witnessed the neglect come forward.
Surely somebody also who helped her push her car onto the lot at AmScot can say if no child was with her that morning?
That is neglect also.
Since the carseat was empty?
I mean how was she riding around with no carseat ?

Forgive me I think I have a headache ,and the flu may be setting in.

 

[lillygator]

I am really disappointed to read this. I guess I had the feeling something would break soon and Casey would be arrested again.

 

[PattyCake]

If LE comes out saying they DO have more than enough to charge her, the public will become angry if they don't go get her in a day or two. They have to say things like this everyone.

Think of the absolute mountain of circumstantial evidence they DO have and they (the prosecution) is taking their time in order to make certain Baez will not be able to punch holes in their case. If they act too quickly, they could wreck it all. I have no doubt whatsoever that charges are coming. It maybe 2 or 5 months away but they are coming! They are putting all their ducks in a row.

Everyone keeps saying 'if they had evidence she'd be charged by now'. Really? Why? You don't think the prosecution wants all the answers possible first (ie: dna tests, etc) before having to hand it all over to Baez to rip apart. Clock starts ticking once the charges are laid. I don't buy that argument at all that 'she would be charged already'. Makes no sense to me. They have a very strong circumstantial case and they are working it all through. Can you imagine how angry the public would be IF they acted too quickly and Baez found a loop hole in their evidence?

 

[kathyn2]

This is so depressing. I bet this woman will get away with this. I hope they charge her anyway come November. They may get a conviction with what they have. I think Nancy Grace would have charged her long ago. She would know how to put together a case to get Casey put away for good. I don't know what wrong with FL LE or the DA there. I know its more difficult without a body but it is not impossible. Also LE has never looked very hard for that body which peeves me.

 

[maskedwoman]

Where is the link for these statements?

I am discouraged by these statements. It's one thing to be evasive, etc. It's another to make definitive statements like that. If not true, then it's a lie. I don't think they would/could lie like that. I question the comments being cryptic or cat/mouse gamey. I don't think they'd roll that way (lie to the public).

I hope I'm not repeating something that's already been said, but I think they are really speaking more to the Anthonys than to "the public". And they are under no obligation to be truthful with a suspect, unless a deal is on the table. If it messes with her head, I say go for it. <evil grin>

Plus, there can be a big difference between what LE actually says and how it gets presented by our illustrious press. For example, I don't for one minute believe anyone from LE told Matt Lauer flat out that they are confounded. No way. He took whatever they really said and presented it that way. Similarly, the reporter who said another arrest was imminent could have been flat out mistaken. I sure hope not, but it's possible.

 

[kathyn2]

There has been some argument such as you are putting forth here on why they could still try her for murder but according to the FL law experts, they cannot retry her later on murder. They have a strange double jeopardy law that differs from the rest of the country. They can only charge her once for Caylee on all charges they have. I think the reason they are bringing so many fraud charges is to try to put her away for alot of years even if they can't get a murder conviction. I hope if its true that they can't retry her for murder that they do slam both the neglect and murder charges on her because they need to at least give it a shot to convict her for murder if they can't retry her later. They can slam her with all the charges. Not either or.

I have heard this several times as well. However, it goes against everything I ever learned as a lawyer and I tried to do some research on FL law and found nothing that states that prosecution for neglect charges would preclude prosecution for murder. The law as I understand it (and I do not do crim law) is that one cannot be charged twice for conduct arising from the same set of facts. Well, we have two sets of facts here. For neglect and obstruction those would be failing to report a child missing for 31 days and then leading LE on a goose chase when they are frantically searching for the child. (Taking them to a fictional job to look for fictional contacts to find a fictional nanny). For murder, it would be the unlawful killing of Caylee with malice aforethought. Two completely different sets of facts. Am I missing something here? Do we need some crim lawyers to address this issue? A thread on this topic?

 

[liltigress]

I really don't understand, finding a body will give them nothing more, they already have Caylee dead in the trunk, with chloroform as the murdering agent, what more do they want?

My guess would be time and date of death that will completely tie Casey to the incident.

 

[tiredofthis]

I hope I'm not repeating something that's already been said, but I think they are really speaking more to the Anthonys than to "the public". And they are under no obligation to be truthful with a suspect, unless a deal is on the table. If it messes with her head, I say go for it. <evil grin>

Plus, there can be a big difference between what LE actually says and how it gets presented by our illustrious press. For example, I don't for one minute believe anyone from LE told Matt Lauer flat out that they are confounded. No way. He took whatever they really said and presented it that way. Similarly, the reporter who said another arrest was imminent could have been flat out mistaken. I sure hope not, but it's possible.

Could be. I agree that LE doesn't have to be truthful with a suspect. They are trying to solve a case, not become the Anthony's friends.

And the media has been known to stretch the truth.

 

[karenmamo]

I really don't understand, finding a body will give them nothing more, they already have Caylee dead in the trunk, with chloroform as the murdering agent, what more do they want?

The DNA from the remains will give them a slam dunk. :clap::clap::clap::clap:

 

[Tuba]

Just last year in Bradenton, Maribel Chavez was tried for neglect of her child and then later tried for her liability in the death of that child. But the two incidents were not related. The first incident was more abuse than neglect--burns, fracture, bruising. The death occurred when a stove fell atop the child who suffocated for an hour while the drugged mother overslept.

When the two charges are related, they need to be tried together. Baez would fail in trying to separate them in this case. In order to use pertinent evidence to prove both neglect and homicide, both charges must be tried in the same prosecution. Many reasons for this: if evidence of neglect led the trier of fact to conclude the defendant guilty, the trier has a right to question what followed from that neglect? Here we have statutory neglect provable on its face. The mother ignored the fact her child was missing and unable to care for herself for 31 days. It is unreasonable to separate that neglect from the harm that ensued and to prosecute for a death separately.

LE has stated that hair from the trunk, in custody, consists of a hair from Caylee alive and a banded hair from her when dead. Cadaverine and putrescine stained the trunk, at least some of it from the nose & mouth. The air samples analyzed by TN Body Farm were positive for decomposition. LE stated the ongoing effort is to prove Casey is directly responsible for the fact Caylee was in the trunk and deceased. Air sample analysis has not been used in prosecution of a homicide in FL before. With sufficient validation of the science, there is no reason not to break ground here, particularly in conjunction with the other physical evidence.

 

[Obsessed1]

This statement from LE doesn't worry me at all actually. They are BUILDING their case and it is a marathon not a sprint. (How long to Scott Peterson walk around free? 6 months or so?)

LE will charge her when they are good and ready and assured Baez has no wiggle room at trial. I am not concerned in the very least.

Casey is going down and everyone around her knows it.

I sooooooooo hope you are right & will try to have more of your positive attitude that justice will be served.

 

[maskedwoman]

Just last year in Bradenton, Maribel Chavez was tried for neglect of her child and then later tried for her liability in the death of that child. But the two incidents were not related. The first incident was more abuse than neglect--burns, fracture, bruising. The death occurred when a stove fell atop the child who suffocated for an hour while the drugged mother overslept.

When the two charges are related, they need to be tried together. Baez would fail in trying to separate them in this case. In order to use pertinent evidence to prove both neglect and homicide, both charges must be tried in the same prosecution. Many reasons for this: if evidence of neglect led the trier of fact to conclude the defendant guilty, the trier has a right to question what followed from that neglect? Here we have statutory neglect provable on its face. The mother ignored the fact her child was missing and unable to care for herself for 31 days. It is unreasonable to separate that neglect from the harm that ensued and to prosecute for a death separately.

LE has stated that hair from the trunk, in custody, consists of a hair from Caylee alive and a banded hair from her when dead. Cadaverine and putrescine stained the trunk, at least some of it from the nose & mouth. The air samples analyzed by TN Body Farm were positive for decomposition. LE stated the ongoing effort is to prove Casey is directly responsible for the fact Caylee was in the trunk and deceased. Air sample analysis has not been used in prosecution of a homicide in FL before. With sufficient validation of the science, there is no reason not to break ground here, particularly in conjunction with the other physical evidence.

Wow, thank you. That actually seemed fairly simple the way you explained it. Do you teach?

 

[Seranade]

On second thought, re-reading this anouncement...It's very discouraging. I think that they shouldn't have bothered anouncing anything. After all the references to DNA and forensics...this makes it sound like they have nothing.

Yes it does, doesn't it?

As has been stated before, people have been tried successfully for murder without a body. IF they have incontrovertible forensic proof that Caylee was dead in the trunk they could try her, no ifs ands or buts.

 

[Laece]

I realize LE was impeded by KC not reporting Caylee missing for a month, but in my opinion, they have botched this right from the beginning. Why was CA allowed to wash the pants? Why did JB get the receipts and decide which ones to give them? Why was LA allowed to retrieve her stuff from TonE? Why in the he** wasn't the car taken into custody ASAP & not allowed to sit in their garage reeking of a dead human being? Why was she allowed bond when she cannot produce where her 2 year old (3 year old now!) child is located dead or alive? Travesty of justice and I am convinced she will not be prosecuted for Caylee's death. The whole family should burn in hell as far as I am concerned. I just can't waste any more time on this case since justice will never come. Now I understand why Greta stopped reporting on it. Waste, a HUGE waste!!!

i have been feeling this way on and off, too. it's so frustrating, and it sucks to feel like caylee is being given up on by anyone, LE or the people who care enough to follow the case and try to help. sometimes i feel like us laypeople do more to figure this all out than the ones who should be. i know LE can't tell us everything, it's just...getting old i guess.

 

[Sassynic]

This case is reminding me of that case they keep showing on Dateline on ID about a man who was missing, found dead, and the #1 person of interest (his business partner) was only charged with stealing the dead man's identity and using his checks. He never got charged with his murder but he is spending something like 30-40 yrs in prison for all the fraud, theft, forgery charges LE was able to rack up on him for using the dead man's checks, id, ect.

They keep showing this episode like once a week...reminds me of this Casey case every time.

 

[kathyn2]

OK, I went and listened to this segment on the Today show. I think it is all taken out of context. OK, after watching this, in my opinion, it is ONLY this REPORTERS conclusion that there is not enough evidence to try Casey for murder. All sheriff Beary said is that it is difficult because there is no body. He didn't say anything else. He didn't say there are no charges coming. This report wants you to believe they don't have much on her and that they don't have anything to charge her with but thats not what Beary said. This whole report was made up of old clips of Baez and old news. Except for one small clip of beary saying it is difficult when there is no body. That could be old too for all I know. Thats ALL he said. Everything else was reporter interjection. I wouldn't take this to heart too much. I wish someone would interview LE on this and find out the real scoop but I don't think LE wants us to know anything yet.

 

[PattyCake]

I realize LE was impeded by KC not reporting Caylee missing for a month, but in my opinion, they have botched this right from the beginning. Why was CA allowed to wash the pants? Why did JB get the receipts and decide which ones to give them? Why was LA allowed to retrieve her stuff from TonE? Why in the he** wasn't the car taken into custody ASAP & not allowed to sit in their garage reeking of a dead human being? Why was she allowed bond when she cannot produce where her 2 year old (3 year old now!) child is located dead or alive? Travesty of justice and I am convinced she will not be prosecuted for Caylee's death. The whole family should burn in hell as far as I am concerned. I just can't waste any more time on this case since justice will never come. Now I understand why Greta stopped reporting on it. Waste, a HUGE waste!!!

First, CA washed the pants long before she told LE about them. JB does not get to ultimately decide on anything. LE can get search warrants and probably already has.

I'd like to reiterate here, they have a GOOD circumstancial case everyone! They will NOT run to lay charges until the prosecution feels he/she is fully prepared to head to trial as it's Baez right to ask for a 'speedy trial' if he feels the prosecution doesn't have their case 'ready to go'.

They will be laying charges but LE & prosecution is making certain that they are crossing every 't'. Once charges are laid, Baez has access to EVERYTHING. Prosecution doesn't want to show their hand until they are good and ready.

If LE says they DO have a case, how many of you out there would ABSOLUTELY EXPECT charges to come in the next day or so. Of course they're going to say things like this.

 

[SharetheLight]

My guess would be time and date of death that will completely tie Casey to the incident.

That has got to be it. They need a slam dunk!