Prosecutors won't seek death penalty UPDATE Or will they?

[Leila]

Oh S$%^!!!!! Dang it!!! That was my only hope that KC would maybe start to talk at some point to save her own butt.......now I fear she will NEVER EVER come clean about what she did to sweet little Caylee.

I was so hoping they would seek the DP!!!!!:furious::furious::furious::furious:

http://www.myfoxorlando.com/myfox/p...n=1&locale=EN-US&layoutCode=TSTY&pageId=3.2.1

I agree. Sadly, I fear Casey will never talk. The death penalty was the prosecution's bargaining chip.

 

[magnolia]

Still worse, prosecutors allege the premeditated and entirely willful murder of a totally defenseless little girl. Yet they dropped the death penalty. It easy to appreciate that if they had the evidence to prove such a heinous crime was committed, they would not have dropped the death penalty at this time.

This info. will give you a better understanding of why the State made the decision not to seek the death penalty in the case of Casey Anthony. It has nothing to do with the State not having sufficient evidence to prove a henious crime was committed.
HTH

Costs of the Death Penalty | Death Penalty Information Center​

Mar 6, 2008 ... During that time period, Florida spent an estimated $57 million on the death penalty to achieve 18 executions. ("Bottom Line: Life in Prison ...

http://www.deathpenaltyinfo.org/node/599​

The death penalty is much more expensive than its closest alternative--life imprisonment with no parole. Capital trials are longer and more expensive at every step than other murder trials. Pre-trial motions, expert witness investigations, jury selection, and the necessity for two trials--one on guilt and one on sentencing--make capital cases extremely costly, even before the appeals process begins. Guilty pleas are almost unheard of when the punishment is death. In addition, many of these trials result in a life sentence rather than the death penalty, so the state pays the cost of life imprisonment on top of the expensive trial.

The high price of the death penalty is often most keenly felt in those counties responsible for both the prosecution and defense of capital defendants. A single trial can mean near bankruptcy, tax increases, and the laying off of vital personnel. Trials costing a small county $100,000 from unbudgeted funds are common and some officials have even gone to jail in resisting payment.

 

[cocoamom]

If the prosecutors were waiting on anything in process that they deemed significant to support murder one, they would not have dropped the death penalty.

Assess whether the evidence we know of supports: planning, deliberation, intent and malice aforethought. It doesn't.

Planning: Computer searches - virtually impossible for anyone other than KC to have done them based on her other activities online at the time

Deliberation: Same as above "neck-breaking" was she talking about a chicken for dinner here?

Intent: Same as above

Malice aforethought - chloroform searches, chloroform evidence in trunk, as well as above searches made MONTHS in advance of the child's disappearance.

Although the above I believe shows the planning, deliberation, intent and malice aforethought, I don't believe that from a legal standpoint they can prove without a doubt that KC is the one to have done it. Legally how can they say LA didn't do it and/or put the body in the trunk? How can they say GA didn't do it and/or put the body in the trunk.

Even though it APPEARS that she is the one, appearance isn't enough. A felony attorney told me once that you need one of three things to positively win a case 1. Confession or 2. Witness or 3. photographs or video of the crime actually being committed.

Sucks but it's true. Of course, there is always the unpredictability of human behavior - the jury. Overwhelming circumstantial evidence with scientific backing would satisfy me!

 

[cocoamom]

snipped:

...It's sad, but in my opinion, we are seeing the beginning of what will become that freeing of casey.

Don't forget everyone, we still have what 30? 60? whatever possible years on the check fraud charges!!! She isn't going anywhere anyway - wish they DP had been kept but I guess they had to take it down with pre-trial so close...

 

[kline]

I think the prosecutors although sure they can get a conviction,might be afraid it would be difficult or risky to go for a jury that would vote for the Death Penalty while Little cutie Casey is batting her big weepy blue eyes at them.
Looking for all the world like one of their daughter's school friends.
Personally I think this is one of those cases where if the Death Penalty isnt waranted when is it?
And may be the only thing on God's green earth to punch through her narcistic wall of denial.
Its aggravating because I think it going to take about 2.3 hours for sociopath chamelion Casey to adjust to the joint and start manipulating her enviroment like a pro.
After enough time passes Im sure Casey will convince herself she is wrongfully accused and Caylee is alive somewhere.
If she hasnt allready.
Im sure the concept of if you tell a lie long enough it becomes 'true' is something she has long experience with.
Actually I think Casey has been dead for a long time if she ever was alive with a soul.

 

[21merc7]

Planning: Computer searches - virtually impossible for anyone other than KC to have done them based on her other activities online at the time

Deliberation: Same as above "neck-breaking" was she talking about a chicken for dinner here?

Intent: Same as above

Malice aforethought - chloroform searches, chloroform evidence in trunk, as well as above searches made MONTHS in advance of the child's disappearance.

Although the above I believe shows the planning, deliberation, intent and malice aforethought, I don't believe that from a legal standpoint they can prove without a doubt that KC is the one to have done it. Legally how can they say LA didn't do it and/or put the body in the trunk? How can they say GA didn't do it and/or put the body in the trunk.

Even though it APPEARS that she is the one, appearance isn't enough. A felony attorney told me once that you need one of three things to positively win a case 1. Confession or 2. Witness or 3. photographs or video of the crime actually being committed.

Sucks but it's true. Of course, there is always the unpredictability of human behavior - the jury. Overwhelming circumstantial evidence with scientific backing would satisfy me!

cocoamom;

I think wudge is a felony defense attorney, with DP qualifications. (Not sure.) Hence stating Peterson's trial did not warrant DP with the way the trial went. And repeatedly explaing what is needed for DP, then trying to explain it all, what is Constitutionally accepatable, and LWOP is a given in a DP case if jurors decide not to opt DP.

But, as you stated, we cannot pin the computer searces on the perp 100%. So, yes, the prosecution needs 1 of those 3 you mentioned at this point.

 

[JBean]

Planning: Computer searches - virtually impossible for anyone other than KC to have done them based on her other activities online at the time

Deliberation: Same as above "neck-breaking" was she talking about a chicken for dinner here?

Intent: Same as above

Malice aforethought - chloroform searches, chloroform evidence in trunk, as well as above searches made MONTHS in advance of the child's disappearance.

Although the above I believe shows the planning, deliberation, intent and malice aforethought, I don't believe that from a legal standpoint they can prove without a doubt that KC is the one to have done it. Legally how can they say LA didn't do it and/or put the body in the trunk? How can they say GA didn't do it and/or put the body in the trunk.

Even though it APPEARS that she is the one, appearance isn't enough. A felony attorney told me once that you need one of three things to positively win a case 1. Confession or 2. Witness or 3. photographs or video of the crime actually being committed.

Sucks but it's true. Of course, there is always the unpredictability of human behavior - the jury. Overwhelming circumstantial evidence with scientific backing would satisfy me!

Yep and the reality is one cannot even tie any of those searches to the murder because we don't know how Caylee died. Did she chloroform her her and break her neck?
Now if she did a search on "how to murder a child and dispose of the body so it will never be found" we might have something there.

I would have been shocked if they went for the DP because it just wouldn't make sense and not good strategy.

 

[SeriouslySearching]

I didn't see the searches for "sinkholes" on the list, but IIRC they were found on her computer at some point.

 

[Wudge]

Yep and the reality is one cannot even tie any of those searches to the murder because we don't know how Caylee died. Did she chloroform her her and break her neck?
Now if she did a search on "how to murder a child and dispose of the body so it will never be found" we might have something there.

I would have been shocked if they went for the DP because it just wouldn't make sense and not good strategy.

Pure wisdom JBean.


Wisdom

A thousand lifetimes have passed since
my Passion first spoke unto me these words:
'Go forth and speak that which is locked
within the timelessness of your soul and trust
the listener to understand.'
But the voice of my Wisdom answered:
'It would be better, perhaps, to leave the Truth unsaid;
For the listener shall hear your words that clothe the Truth,
but will not see through the veil of their disguise.'
And hearing this caused my Passion to cry,
for he knew that Wisdom always spoke with
an enlightened reason;
And my Wisdom wept also, for there was no joy
in being right at his brother's expense.
So now I come unto you that the thirst of my soul
be quenched and Truth be unveiled before the
eyes of this world.

- Daniel from Reflections on the Dawn

 

[Vegas Bride]

Since it wont be the death penalty, that means she can be convicted and placed into general population right?
I'm fine with that!

VB

 

[MiraclesHappen]

What are the alleged unique elements that you claim are required to prove murder one in Florida that are apart from: intent (willful), planning and deliberation (premediatation) and malice aforethought?

(this will be good)

I sense sarcasm but that's fine.:blowkiss:

I would refer you to the previously cited statutory definition of murder one per the Florida statute.

If an individual is dumb enough to kill a child in a variety of ways as enumerated in the MURDER ONE STATUTE OF FLORIDA, ALREADY A DAEAD HORSE IN THIS THREAD, then it is murder one without all these elements you see as essential...in contrast to the actual Florida law.

However, since you have refused to accept the repeated citing of felony murder events which have no premeditation and still constitute murder one in Florida let us try this:

In Florida Murder ONE, under the statute:
782.04 Murder.--


...2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any:


o. Murder of another human being,

is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.


Since this type of felony murder HAMMERS home the fact that there is no premeditation, malice aforethought or plan to kill Mr.Y who was accidentally killed while the defendant was trying to murder Mr X,
and that the murder of Y , the unplanned one, is charged as murder one...I'll leave it at that.


So there it is per the Florida statute.

The defendant had no intent to kill Mr. Y.

There was no plan or design to kill Y.
There was no malice aforethought with regard to any actions directed toward Mr. Y. by the killer of Mr. X.
In fact, prior to killing Mr. X, defendant had no idea of the existence of Mr. Y ;
Had the defendant met Mr. Y, they might have become friends.
But that won't be happening because defendant has killed Mr. Y in a manner which was unforseen in the defendant's mind.
The charge is still murder one per the cited statute.

 

[Wudge]

I sense sarcasm but that's fine.:blowkiss:

I would refer you to the previously cited statutory definition of murder one per the Florida statute.

If an individual is dumb enough to kill a child in a variety of ways as enumerated in the MURDER ONE STATUTE OF FLORIDA, ALREADY A DAEAD HORSE IN THIS THREAD, then it is murder one without all these elements you see as essential...in contrast to the actual Florida law.

However, since you have refused to accept the repeated citing of felony murder events which have no premeditation and still constitute murder one in Florida let us try this:

In Florida Murder ONE, under the statute:
782.04 Murder.--


...2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any:


o. Murder of another human being,

is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.


Since this type of felony murder HAMMERS home the fact that there is no premeditation, malice aforethought or plan to kill Mr.Y who was accidentally killed while the defendant was trying to murder Mr X,
and that the murder of Y , the unplanned one, is charged as murder one...I'll leave it at that.


So there it is per the Florida statute.

The defendant had no intent to kill Mr. Y.

There was no plan or design to kill Y.
There was no malice aforethought with regard to any actions directed toward Mr. Y. by the killer of Mr. X.
In fact, prior to killing Mr. X, defendant had no idea of the existence of Mr. Y ;
Had the defendant met Mr. Y, they might have become friends.
But that won't be happening because defendant has killed Mr. Y in a manner which was unforseen in the defendant's mind.
The charge is still murder one per the cited statute.

If you scroll back, you will find that I distinctly noted that Casey's murder one charge sits apart from a "felony murder" charge. In other words, she is charged with the direct planning and execution of a willful, premeditated murder. This is not a felony murder case.

HTH

 

[Janis396]

If you scroll back, you will find that I distinctly noted that Casey's murder one charge sits apart from a "felony murder" charge. In other words, she is charged with the direct planning and execution of a willful, premeditated murder. This is not a felony murder case.

HTH

What is the difference between what Casey is charged with and a felony murder? Is a murder one charge not a felony in and of itself?

 

[JBean]

The requirement for a capital murder crime has been met...........a child under 13 years old.

well that would make the situation worse imo. if conditions are met, why aren't they going all the way and asking for the DP? That works against the prosecution imo.
ETA: to clarify I understand there are all kinds of reasons to not seek the DP, but in this case I do believe it speaks to the strength of their case. jmho of course.

 

[trac]

Cold remedy: 8 oz water with 2 t. apple cider vinegar and 2 t. honey.
Twice a day - you'll be well in no time at all.

Warm or cold????

I couldn't hang last night - the same thing being said over and over and over with no statutes cited, no back up arguement - it got so tedious I thought my head was going to explode!

If people want to play like they are lawyers or have experience in that field than at LEAST cite presedence or statutes - argue the facts of the case - don't keep saying the same thing over and over and over

 

[MiraclesHappen]

What is the difference between what Casey is charged with and a felony murder? Is a murder one charge not a felony in and of itself?

Yes Janis, it is a felony in and of itself. You are of course, correct.

"Felony Murder" is a legal term of art which denotes how murder will be charged when it occurs during the commission of a wholly separate crime, such as for instance a bank robbery in which the perps don't plan to kill anyone but 3 tellers are shot dring the robbery.
However the state has statutorily decided to handle these tellers' deaths would be found under the state's "felony murder" laws.:blowkiss:

 

[MiraclesHappen]

If you scroll back, you will find that I distinctly noted that Casey's murder one charge sits apart from a "felony murder" charge. In other words, she is charged with the direct planning and execution of a willful, premeditated murder. This is not a felony murder case.

HTH

If you scroll back you will see you requested an example of how murder one could be charged in Florida without the elements of premeditation and malice aforethought.
I answered your question. My shop is closed for coffee break. :coffeecup:

 

[Wudge]

What is the difference between what Casey is charged with and a felony murder? Is a murder one charge not a felony in and of itself?

Here's a situation for a felony murder charge.

You have a lovely daughter who graduated from High School earlier that day. She was a straight A student throughout High School and received an academic scholarship to Princeton. For many years, she also gave freely of her time to many local charities and her church.

That night as she and her boyfriend drive by the local convenience store, her boyfriend notes that the owner of the convenience store, Mr. Parker, is not at his cash register. He tells your daughter to take the wheel, and he will run-in and try to grab a six-pack of beer before Mr. Parker returns to the front of the store.

He grabs a six-pack of beer and on his way out of the store, he also grabs a brand new laptop that Mr Parker just bought for $1,500. The boyfriend jumps into the car and your daughter speeds off.

However, Mr. Parker had come out of the backroom in time to see the boyfriend jump into the car with his laptop. He then rushed out of the store with the hope of seeing the license plate number but he tripped over the door's threshold and stumbled and ultimately fell and impaled his heart on an exposed parking spike.

The store's video camera recorded what took place. LE arrests both your daughter and her boyfriend. The D.A. charges them with felony murder.

Did they plan and execute a premediated murder? No. Do they face penalty options attendant with murder one? Yes.

 

[trac]

Here's a situation for a felony murder charge.

You have a lovely daughter who graduated from High School earlier that day. She was a straight A student throughout High School and received an academic scholarship to Princeton. For many years, she also gave freely of her time to many local charities and her church.

That night as she and her boyfriend drive by the local convenience store, her boyfriend notes the owner of the convenience store, Mr. Parker, is not at his cash register. He tells your daughter to take the wheel, and he will run-in and try to grab a six-pack of beer before Mr. Parker returns to the front of the store.

He grabs a six-pack of beer and on his way out of the store, he also grabs a brand new laptop that Mr Parker just bought for $1,500. The boyfriend jumps into the car and your daughter speeds off.

However, Mr. Parker had come out of the backroom in time to see your boyfriend jump into the car with his laptop. He then rushed out of the store with the hope of seeing the license plate number but he tripped over the door's threshold and stumbled and ultimately fell and impaled his heart on an exposed parking spike.

The store's video camera recorded what took place. LE arrests both your daughter and her boyfriend. The D.A. charges them with felony murder.

Did they plan and execute a premediated murder? No. Do they face penalty options attendant with murder one? Yes.

In this case they would get involuntary manslaughter - IN THE CASE they confess of the initial crime, show remorse and stand up to take responsibility -

IF they acted like Casey making up stories, or the boy or girl had previous attempts on theft, they had researched how to commit a robbery, etc. THEN they would get murder one

The difference between this and that scenario - there was not act of premeditation, no lies to police, no actions that contridict with the told action, etc.

Give a better example of murder one please - in your scenerio there is no way they would be charged with that

 

[not_my_kids]

IIRC, casey is also charged with manslaughter, right? Kinda like the states back up plan? So even though they don't have DP to bargain with anymore, they do still have the option of dropping murder (LWOP) down to manslaughter (much lighter punishment) if she takes them to Caylee. Run her 15 for manslaughter concurrently with her 30 for check fraud and with good behavior, parole, etc. she could be out by the time she's 45. LOTS better than a life behind bars.
Part of me wants her to rot, permanently. Part of me wants her to just freakin tell us already.