Kurby
All the adversity I've had in my life, all my trou
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ya but i think someone said the deputy was in there too - i mean how bad could it get in his office that the deputy is called in.
Casey Anthony Trial Thread #3
- Thread starter MaryAnnDVC
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ya but i think someone said the deputy was in there too - i mean how bad could it get in his office that the deputy is called in.
Mosoh
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Casey Jordan from InSession said this on FB:The only way there will be a mistrial is if they can't get a unanimous verdict, and I find that VERY unlikely. Juror #4 isn't strong enough to hold out against 11 others, even if she vascillates (and if she refuses to vote, Perry will replace her with an alternate who will)...
Is 4 the one who won't judge people...let on a jury
I think Casey is right on!!
MaryAnnDVC
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Awesome FAQ about the case (will put in first post):
http://www.clickorlando.com/news/28216763/detail.html
How long will the trial last?
The state will rest Wednesday, June 15, and the defense said it would begin the next day. If the defense takes one week, and the state rebuttal takes two more days, the jury could hear closing argument, get instructions on the law and begin deliberations by Tuesday, June 28. Of course, that is a rough estimate and could change based on the defense case and the need it produces for state rebuttal.
What is next in the trial?
Neither side is releasing its witness order in advance.
Will Casey Anthony testify?
That is a decision only she can make, with her attorneys, and would be announced by the defense any time before the defense rests. She cannot be forced to testify.
What happens when all testimony, evidence and closing arguments are concluded?
A motion for judgment of acquittal will be re-argued, then the jury will then be instructed on the law by Judge Belvin Perry and, after alternate jurors are dismissed, the remaining 12 will begin deliberations, first by choosing a foreman.
What if not all can agree on a verdict?
All 12 must agree to either convict or acquit the defendant. If they report they are deadlocked, the judge will instruct them to keep trying. If they continue to report they are hopelessly deadlocked -- a hung jury -- a mistrial will be declared. The state will then likely announce it intends to retry Anthony and she would remain in jail. They also could agree, unanimously, on a lesser charge to convict.
What charges does Casey Anthony face (and what are the maximum possible penalties)?
She was indicted Oct. 14, 2008 on charges of first-degree murder (death), aggravated manslaughter (30 years), aggravated child abuse (30 years) and four counts of lying to investigators (one year per count). At the end of evidence and testimony, the judge will decide whether there is enough evidence to justify a possible guilty verdict on each charge. If not, he will dismiss any charge the state failed to prove, even when evidence is considered in a light most favorable to the state.
What is the difference between first-degree and felony murder?
First-degree murder is premeditated murder: consciously deciding to kill, a decision present in the mind at the time of killing.
First-degree felony murder results when a death occurs as a consequence of and while defendant was engaged in the commission or attempted commission of certain felonies, including aggravated child abuse. The state does not have to prove she had a premeditated design or intent to kill.
So if the jury finds Anthony intentionally used chloroform to drug her child, but did not intend for her to die from the drug, she would still be guilty of felony murder because a caregiver causing great bodily harm by giving a child drugs is aggravated child abuse.
Can the jury find her guilty of lesser charges?
Yes, if requested by one side and Perry determines there is sufficient evidence to justify possible lesser included offenses, he will allow the jury to consider them.
What could be the lesser included offenses (and what maximum penalty do they carry)?
CHARGED IN INDICTMENT: First-degree Murder/Felony Murder, which carries a maximum sentence of death or life without parole. POSSIBLE LESSER INCLUDEDS: Second-degree Murder, with a maximum sentence of up to life in prison.
There are two ways to be convicted of first-degree murder: premeditated murder or felony murder. Premeditated murder is consciously deciding to kill, a decision present in the mind at the time of killing. Felony murder is when a death occurs as a consequence of, and while defendant was engaged in, the commission or attempted commission of certain felonies, including aggravated child abuse. To prove felony murder, the state does not have to prove a premeditated design or intent to kill. Second-degree Murder is killing by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life. The act must be something a reasonable person would know could kill or do serious bodily harm, is done with ill will, hatred, spite or evil intent, and indicates an indifference to human life. The state does not have prove intent to cause death.
CHARGED IN INDICTMENT: Aggravated Child Abuse -- causing great bodily harm to a child by willfully committing child abuse, an intentional act that could reasonably be expected to result in physical injury (such as drugging a child), which includes a maximum sentence of 30 years.
CHARGED IN INDICTMENT: Aggravated Manslaughter of a Child -- death caused by a caregiver's culpable negligence (showing reckless disregard of human life or the safety of others, or consciously doing an act the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury), which carries a maximum sentence of 30 years.
CHARGED IN INDICTMENT: Lying to Investigators about working at Universal Studios, which has a maximum sentence of one year.
CHARGED IN INDICTMENT:Lying to Investigators about leaving Caylee with "Zenaida Gonzalez," also a one-year maximum sentence.
CHARGED IN INDICTMENT: Lying to Investigators about informing imaginary friends about the disappearance of Caylee, which has a one-year max sentence.
CHARGED IN INDICTMENT: Lying to Investigators about receiving a phone call from Caylee on July 15, 2008, which carries a maximum sentence of one year.
How could she get a death sentence?
If the jury returns a unanimous guilty verdict for first-degree or felony murder, a death penalty hearing will commence almost immediately. The state and then the defense will present testimony and evidence to prove aggravating or mitigating factors to support a recommendation for, respectively, death or life in prison. Evidence may be presented as to any matter that the court deems relevant to the nature of the crime and the character of the defendant The aggravating factors must be proved beyond a reasonable doubt; the mitigating factors by a much lesser standard of preponderance of the evidence. After the hearing, the judge instructs the jury and they retire to deliberate on a recommendation for death or life. If aggravating factors outweigh mitigating factors, they should recommend death, and vice versa.
What are aggravating and mitigating factors?
Aggravating factors that may be argued in this case include:
No. Unlike in their guilt/innocence deliberations, the jury does not have to be unanimous to recommend death or life. (A tie vote would be a recommendation for life.)
Who has the final say on a death sentence?
Perry ultimately imposes the sentence. He does not have to follow the jury recommendation, but must give it great weight. The sentence hearing usually occurs several days or even weeks after the jury recommendation is announced. The sentencing order is in writing, but the judge would likely read it, in part, from the bench at the sentencing hearing.
Was Casey Anthony given a lie detector test and, if not, why not?
Lie detector tests are not admissible in court and no one can be forced to take one. There is no public record of anyone involved in the case taking a polygraph. They are mostly used to extract confessions from suspects and to assist defense counsel in confirming or denying a defendant's position regarding certain facts.
Who is paying for the defense and how much is all this costing taxpayers?
Jose Baez, who has been her lawyer since soon after Casey Anthony claims a fellow inmate recommended him to her in July 2008, is not being paid for his attorney fees. Nor are the other lawyers working for the defense. Attorneys were paid early on from the $200,000 ABC News paid Anthony for pictures and video before she was indicted on the murder charge, with Baez collecting about $130,000 in fees and costs. The state is paying about $100,000 in defense costs incurred since they ran out of money and she was declared indigent but those are for costs like investigators, transcriptions and travel, not legal fees. The court estimates it will cost about $360,000 for security and clerks, as well as transporting, housing and feeding the 17 jurors.
Has Casey Anthony been examined by mental health professionals and why cant she plead insanity?
She has been examined, but the reports are sealed. The defense did intend to call two experts to testify about her mental state, but -- after the state began deposing those experts and Judge Perry allowed the state to inquire further than the defense wanted -- the defense withdrew both witnesses from the guilt/innocence phase of the trial. They still could call one of them, a psychologist, in any death penalty phase. The state then added both experts to its witness list and could call them in their rebuttal phase of the trial, especially if Casey Anthony testifies.
She cannot plead insanity because she was clearly not criminally insane. She appreciates the criminality of her conduct, understands the difference between right and wrong, and can conform her conduct to the requirement of the law -- when she wants to.
Can she just plead guilty now, accept a plea deal, or just stand up and say, I did it?
All deals are off the table. Now that the jury has been sworn, she could plead guilty as charged to all counts any time before a verdict is published in court. But she would not escape a death penalty hearing. Details of what prosecutors offered her before Caylees body was found Dec. 11, 2008 are not known publicly.
As I once said in response to a question on the blog -- What would happen if she stood up and screamed, I did it! -- the director would yell Cut! and I would head to the catering trailer. Because that does not happen in real life. But, if she did, the jury would be sent back to the jury room and Perry would have to wade through a murky, muddy legal morass.
http://www.clickorlando.com/news/28216763/detail.html
How long will the trial last?
The state will rest Wednesday, June 15, and the defense said it would begin the next day. If the defense takes one week, and the state rebuttal takes two more days, the jury could hear closing argument, get instructions on the law and begin deliberations by Tuesday, June 28. Of course, that is a rough estimate and could change based on the defense case and the need it produces for state rebuttal.
What is next in the trial?
Neither side is releasing its witness order in advance.
Will Casey Anthony testify?
That is a decision only she can make, with her attorneys, and would be announced by the defense any time before the defense rests. She cannot be forced to testify.
What happens when all testimony, evidence and closing arguments are concluded?
A motion for judgment of acquittal will be re-argued, then the jury will then be instructed on the law by Judge Belvin Perry and, after alternate jurors are dismissed, the remaining 12 will begin deliberations, first by choosing a foreman.
What if not all can agree on a verdict?
All 12 must agree to either convict or acquit the defendant. If they report they are deadlocked, the judge will instruct them to keep trying. If they continue to report they are hopelessly deadlocked -- a hung jury -- a mistrial will be declared. The state will then likely announce it intends to retry Anthony and she would remain in jail. They also could agree, unanimously, on a lesser charge to convict.
What charges does Casey Anthony face (and what are the maximum possible penalties)?
She was indicted Oct. 14, 2008 on charges of first-degree murder (death), aggravated manslaughter (30 years), aggravated child abuse (30 years) and four counts of lying to investigators (one year per count). At the end of evidence and testimony, the judge will decide whether there is enough evidence to justify a possible guilty verdict on each charge. If not, he will dismiss any charge the state failed to prove, even when evidence is considered in a light most favorable to the state.
What is the difference between first-degree and felony murder?
First-degree murder is premeditated murder: consciously deciding to kill, a decision present in the mind at the time of killing.
First-degree felony murder results when a death occurs as a consequence of and while defendant was engaged in the commission or attempted commission of certain felonies, including aggravated child abuse. The state does not have to prove she had a premeditated design or intent to kill.
So if the jury finds Anthony intentionally used chloroform to drug her child, but did not intend for her to die from the drug, she would still be guilty of felony murder because a caregiver causing great bodily harm by giving a child drugs is aggravated child abuse.
Can the jury find her guilty of lesser charges?
Yes, if requested by one side and Perry determines there is sufficient evidence to justify possible lesser included offenses, he will allow the jury to consider them.
What could be the lesser included offenses (and what maximum penalty do they carry)?
CHARGED IN INDICTMENT: First-degree Murder/Felony Murder, which carries a maximum sentence of death or life without parole. POSSIBLE LESSER INCLUDEDS: Second-degree Murder, with a maximum sentence of up to life in prison.
There are two ways to be convicted of first-degree murder: premeditated murder or felony murder. Premeditated murder is consciously deciding to kill, a decision present in the mind at the time of killing. Felony murder is when a death occurs as a consequence of, and while defendant was engaged in, the commission or attempted commission of certain felonies, including aggravated child abuse. To prove felony murder, the state does not have to prove a premeditated design or intent to kill. Second-degree Murder is killing by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life. The act must be something a reasonable person would know could kill or do serious bodily harm, is done with ill will, hatred, spite or evil intent, and indicates an indifference to human life. The state does not have prove intent to cause death.
CHARGED IN INDICTMENT: Aggravated Child Abuse -- causing great bodily harm to a child by willfully committing child abuse, an intentional act that could reasonably be expected to result in physical injury (such as drugging a child), which includes a maximum sentence of 30 years.
CHARGED IN INDICTMENT: Aggravated Manslaughter of a Child -- death caused by a caregiver's culpable negligence (showing reckless disregard of human life or the safety of others, or consciously doing an act the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury), which carries a maximum sentence of 30 years.
CHARGED IN INDICTMENT: Lying to Investigators about working at Universal Studios, which has a maximum sentence of one year.
CHARGED IN INDICTMENT:Lying to Investigators about leaving Caylee with "Zenaida Gonzalez," also a one-year maximum sentence.
CHARGED IN INDICTMENT: Lying to Investigators about informing imaginary friends about the disappearance of Caylee, which has a one-year max sentence.
CHARGED IN INDICTMENT: Lying to Investigators about receiving a phone call from Caylee on July 15, 2008, which carries a maximum sentence of one year.
How could she get a death sentence?
If the jury returns a unanimous guilty verdict for first-degree or felony murder, a death penalty hearing will commence almost immediately. The state and then the defense will present testimony and evidence to prove aggravating or mitigating factors to support a recommendation for, respectively, death or life in prison. Evidence may be presented as to any matter that the court deems relevant to the nature of the crime and the character of the defendant The aggravating factors must be proved beyond a reasonable doubt; the mitigating factors by a much lesser standard of preponderance of the evidence. After the hearing, the judge instructs the jury and they retire to deliberate on a recommendation for death or life. If aggravating factors outweigh mitigating factors, they should recommend death, and vice versa.
What are aggravating and mitigating factors?
Aggravating factors that may be argued in this case include:
- The crime was committed by a person previously convicted of a felony
- The crime was committed while the defendant was engaged in the commission of, or an attempt to commit, aggravated child abuse
- The crime was especially heinous, atrocious, or cruel
- The homicide was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification
- The victim of the capital felony was a person less than 12 years of age
- The victim of the capital felony was particularly vulnerable because the defendant stood in a position of familial or custodial authority over the victim
- The defendant has no significant history of prior criminal activity
- The capital felony was committed while the defendant was under the influence of extreme mental or emotional disturbance
- The defendant acted under extreme duress or under the substantial domination of another person
- The capacity of the defendant to appreciate the criminality of her conduct or to conform her conduct to the requirements of law was substantially impaired
- The age of the defendant (22) at the time of the crime
No. Unlike in their guilt/innocence deliberations, the jury does not have to be unanimous to recommend death or life. (A tie vote would be a recommendation for life.)
Who has the final say on a death sentence?
Perry ultimately imposes the sentence. He does not have to follow the jury recommendation, but must give it great weight. The sentence hearing usually occurs several days or even weeks after the jury recommendation is announced. The sentencing order is in writing, but the judge would likely read it, in part, from the bench at the sentencing hearing.
Was Casey Anthony given a lie detector test and, if not, why not?
Lie detector tests are not admissible in court and no one can be forced to take one. There is no public record of anyone involved in the case taking a polygraph. They are mostly used to extract confessions from suspects and to assist defense counsel in confirming or denying a defendant's position regarding certain facts.
Who is paying for the defense and how much is all this costing taxpayers?
Jose Baez, who has been her lawyer since soon after Casey Anthony claims a fellow inmate recommended him to her in July 2008, is not being paid for his attorney fees. Nor are the other lawyers working for the defense. Attorneys were paid early on from the $200,000 ABC News paid Anthony for pictures and video before she was indicted on the murder charge, with Baez collecting about $130,000 in fees and costs. The state is paying about $100,000 in defense costs incurred since they ran out of money and she was declared indigent but those are for costs like investigators, transcriptions and travel, not legal fees. The court estimates it will cost about $360,000 for security and clerks, as well as transporting, housing and feeding the 17 jurors.
Has Casey Anthony been examined by mental health professionals and why cant she plead insanity?
She has been examined, but the reports are sealed. The defense did intend to call two experts to testify about her mental state, but -- after the state began deposing those experts and Judge Perry allowed the state to inquire further than the defense wanted -- the defense withdrew both witnesses from the guilt/innocence phase of the trial. They still could call one of them, a psychologist, in any death penalty phase. The state then added both experts to its witness list and could call them in their rebuttal phase of the trial, especially if Casey Anthony testifies.
She cannot plead insanity because she was clearly not criminally insane. She appreciates the criminality of her conduct, understands the difference between right and wrong, and can conform her conduct to the requirement of the law -- when she wants to.
Can she just plead guilty now, accept a plea deal, or just stand up and say, I did it?
All deals are off the table. Now that the jury has been sworn, she could plead guilty as charged to all counts any time before a verdict is published in court. But she would not escape a death penalty hearing. Details of what prosecutors offered her before Caylees body was found Dec. 11, 2008 are not known publicly.
As I once said in response to a question on the blog -- What would happen if she stood up and screamed, I did it! -- the director would yell Cut! and I would head to the catering trailer. Because that does not happen in real life. But, if she did, the jury would be sent back to the jury room and Perry would have to wade through a murky, muddy legal morass.
MaryAnnDVC
"Mare", DISing since '99; prefers being tagless
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Personally, I really like Dr Casey Jordan.
I haven't kept up with the thread this morning, but I've been watching InSession and just heard something that I'm wondering if anyone else did. The commentators were discussing Saturday's testimony, Dr. Spitz in particular. Sunny Hostin said something about Dr. Spitz refuting what Dr. G had said and that he sounded credible. I could swear I heard a snicker or snort from someone off-camera, and I'm putting my money on Mike Brooks. Anyone else hear that? I guess it could have been my own snicker that I heard. 
Anyone else hear that? I guess it could have been my own snicker that I heard. The way she is always petting/caressing/stroking Casey, I can't decide whether she wants to be her mother or her girlfriend.
I haven't kept up with the thread this morning, but I've been watching InSession and just heard something that I'm wondering if anyone else did. The commentators were discussing Saturday's testimony, Dr. Spitz in particular. Sunny Hostin said something about Dr. Spitz refuting what Dr. G had said and that he sounded credible. I could swear I heard a snicker or snort from someone off-camera, and I'm putting my money on Mike Brooks.
It was my own snicker, all the way from Texas. Spitz was okay, so long as he stayed on script. But once you asked him anything he had to THINK about, it was one senior moment after another. Between mentioning how he hadn't "been in the mainstream" for quite some time and him repeatedly focusing on the "high profile" nature of the case and all the media attention it was getting, he sent out a fishy smell. He struck me as one of those people who thinks HE is the expert on how ALL things should be done and if you disagree with him, you are an eeeeeee----deeee-----ot.
Hmmmm.....maybe he's my condescending BIL's bio father...... Protocol this, protocol that, but when you tried to pin him down, there was NO protocol except in his own head. His preference was supposed to be THE PROTOCOL for everyone. Came off as arrogant to me. And occasionally doddering. And a media *****. And those were his good points. 
It was my own snicker, all the way from Texas. Spitz was okay, so long as he stayed on script. But once you asked him anything he had to THINK about, it was one senior moment after another. Between mentioning how he hadn't "been in the mainstream" for quite some time and him repeatedly focusing on the "high profile" nature of the case and all the media attention it was getting, he sent out a fishy smell. He struck me as one of those people who thinks HE is the expert on how ALL things should be done and if you disagree with him, you are an eeeeeee----deeee-----ot.
Too funny!
Love it!
klj27
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It was estimated that the defense would take a week with their witnesses. Let's say a week was originally 5 1/2 court days. Did they get the case on Thursday morning? If so, they have had Thursday, Friday, and after the delay 1/2 day on Saturday. Do we think they will be able to wrap it up in three more days? I would love for the state to do their rebuttal on Friday/Saturday and closing arguments Monday/Tuesday.
diznygirl
I have a symmetry thing
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The defense really needs to get through two or three credible witnesses on the stand tomorrow to show they can be taken seriously. And then they should probably rest their case before they get into any more trouble.
If they don't make a point soon, all the jury will remember is this wasted week.
If they don't make a point soon, all the jury will remember is this wasted week.
They don't have witnesses or good witnesses b/c they have no defense. They are making it up as they go along. But the witnesses are not allowed to make stuff up. They have to testify as to what was in their reports. It all just makes Casey look guiltier and guiltier. I'm sure they jury is getting the same feeling. They don't have anything to offer, so they are stalling and screwing up on purpose.
Lisa loves Pooh
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The defense team sounds like it may be spontaneously combusting. Sounds like their defense strategy was an unprepared prosecution team.
diznygirl
I have a symmetry thing
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crz4mm2
<font color=teal>Most of the time I just sit and s
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ilovepete
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