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Is Casey Anthony a dead woman walking?

Posted: Jul 2, 2011

I think it will all depend on closing arguments and if all Jose Baez has is the drowning accident that was never testified to, the molestation that was never testified to, and stopped cold with no premedidation theory by computer searches that weren't done by Cindy, she may get the death penalty. Those chloroform, neck breaking, household items as weapons searches were being done by Casey back in March when her friends were making plans to go to Puerto Rico, proving premedidation.

All the facts are on the prosecution's side. All the lies and discrepancies are on defense side. If the prosecution can lay this story out in a simple to understand manner, I think there is a good case for the death penalty.

The prosecution rebuttal case in which Cindy's mother was shown to be lying about the chloroform searches, makes it even more damning to Casey in that her mother knew she needed to lie because Casey did indeed do those searches. Who does these searches? A potential murderer. Add that to the extreme amounts of chloroform in Casey's car with the scent of death, the body hidden and the child not reported missing. Guilty of first degree murder.

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I personally do not think that she will get the death penalty.. - alias

[ In Reply To ..]
If you watch much of the news, you may already be aware that the criteria for the dealth penalty in Florida changed recently only this past week. There are varying degrees of 1st degree murder, obviously, and she may be charged with one or several of them, but I truly do not think she will get the death penalty, whether the public feels she deserves it or not. but that is just my opinion and we will see how this all plays out in the next few days or weeks. I am hoping, at least, that she does not walk away from this with no penalty or not much of one. Juries can be hard to read, for sure. You never know what they are going to come up with in the end.

I saw a non-Casey prosecuting attorney say if jury goes with gut - they will usually give guilty verdict

[ In Reply To ..]
I'm not sure how Casey and Baez play in front of the jurors, but I find them both annoying enough to convict. I hate that they lower Casey's chair to make her look less threatening. I don't know how much of Casey's demeanor the jury can see but just the look on her face when she hears her mother and father testify, makes me think she could murder them and anybody else who got in her way.

Baez smirking and his attempt at humor is sickening.

It is almost as if both Casey and Baez are insulting the juror's intelligence and like Cindy are trying to get over on them with deception and half-truths.

Cayce and Jose - Onlyhuman

[ In Reply To ..]
You are exactly right. Just the smirk on his face and the dead evil look on her face is enough to fry her.

Jose Baez - SM

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I was particularly offended at his low-life jabs at George's suicide attempt. He made a joke of it, smirking about George attempting to take his life with blood pressure medication and a six-pack of beer. To me he comes off as someone I would not want as a friend, much less a lawyer.

Miami federal judge rules - Florida’s death penalty unconstitutional

[ In Reply To ..]

U.S. District Judge Jose Martinez ruled that juries, not judges, should be the ones to determine ‘aggravating factors’ in sentencing criminals to die.
BY DAVID OVALLE

A Miami federal judge ruled Wednesday that the way Florida courts mete out the death penalty is unconstitutional because juries — not judges — should be the ones to spell out which details about the crime justify execution.

U.S. District Judge Jose E. Martinez ordered that Paul H. Evans, convicted in a 1991 murder-for-hire case in Vero Beach, must receive a new sentencing hearing.

The ruling, likely to be argued in appellate courts for years, does not strike down Florida’s capital-punishment law. But it could force lawmakers to change the statute, and could give recent convicts new avenues for appeal, legal experts say.

“If the case survives appeals, the Florida Legislature is going to have to modify the law to allow jurors to explain why someone deserves the death penalty,” said Miami attorney Terry Lenamon, founder of the Florida Capital Resource Center, a support group for death-penalty defense cases.

Florida Attorney General Pam Bondi, through a spokeswoman, said Wednesday that her office would request a rehearing and appeal the decision.

Martinez was appointed to the federal bench in 2002 by President George W. Bush.

LANDMARK RULING

Legal scholars say Martinez’s ruling marks the first time a Florida judge has overturned a death sentence under the U.S. Supreme Court case Ring v. Arizona. In that 2002 ruling, the court held that defendants are entitled to have juries decide on whether any “aggravating factors” in a crime justify enhanced punishment.

Evans was convicted in the 1991 trailer park murder of Alan Pfeiffer. Jurors voted 9-3 for the death penalty in February 1999. The trial judge imposed death, finding that Evans committed the crime for “pecuniary gain” and the murder was “committed in a cold, calculated and premeditated manner.”

Whether any convicts will be resentenced because of Martinez’s ruling remains to be seen, but the opinion has reignited debate in the Florida legal community over the jury’s role in deciding on the death penalty.

Florida is one of the few states that allow juries to issue death penalty recommendations that are not unanimous. Here, 12-person juries recommend by majority vote whether someone convicted of first-degree murder should be executed. But state jurors do not have to check off on an instruction sheet which reasons contributed to their decision, as jurors are required to do in the rare death penalty case in federal court.

Trial judges in Florida’s state courts have authority to override jury recommendations, although in death penalty cases, they rarely do.

Judge Martinez, in Wednesday’s ruling, said there was no way to know if all nine of the jurors in Evans’ case who voted for death were swayed by the same aggravating factors as the judge. He conceded that jury unanimity may not be constitutionally necessary, but wrote: “… It cannot be that Mr. Evans’ death sentence is constitutional when there is no evidence to suggest that even a simple majority found the existence of any one aggravating circumstance.”

Legal experts say it is unclear how far-reaching Martinez’s ruling will be. The U.S. Supreme Court has already upheld the right of judges to act independently of juries in finding a defendant’s other violent felonies as an aggravating factor in enhancing a sentence. That means the ruling won’t affect the many cases of Death Row inmates who have violent pasts, or were convicted of murder along with other violent felonies.

LIMITED IMPACT

Fort Lauderdale capital litigation appellate attorney Melissa Minsk Donoho said that Martinez’s ruling will have limited impact, but could force the Florida Supreme Court to change jury instructions to include requiring them to rule on the specific aggravators. She said that nevertheless, recently convicted defendants — nearly 30 have been sentenced to death since the 2002 Ring decision — will use Wednesday’s ruling as part of an appeal.

“Anybody convicted after the Ring decision could benefit from this,” Donoho said.

Retired senior Miami-Dade prosecutor David Waksman said he did not think the ruling would affect many cases.

“The death penalty law is 40 years old, and a lot of defendants have gone through federal courts without winning an appeal on this issue,” Waksman said. “The judges in death penalty cases just say there are sufficient facts to support what the jury recommended.”

Wednesday’s ruling comes after two recent high-profile Death Row cases in Miami-Dade.

Last week, Circuit Judge Dennis Murphy rejected a jury’s 8-4 death recommendation for Brandon Rolle, convicted of the 2006 murder of a tourist in Coconut Grove. Murphy, saying the crime was not heinous enough, sentenced Rolle to life in prison.

Earlier this month, Circuit Judge Reemberto Diaz cited an exhaustive list of “heinous, atrocious and cruel” factors in the torture and beating death of Lazaro “Baby Lollipops” Figueroa before sentencing his mother, Ana Maria Cardona, to execution for first-degree murder. In her case, the jury voted 7-5 for the death penalty.

Her defense attorney, Assistant Public Defender Edith Georgi, said Wednesday’s ruling shows the problems inherent in not requiring a unanimous jury recommendation for death.

“It has never made sense to me that it takes a unanimous verdict to send a person to prison but only a majority to send a person to death,” Georgi said. “A single vote can make the difference between life and death. This ruling won’t change things immediately, but it is at least a step in the right direction.”

Read more: http://www.miamiherald.com/2011/06/22/v-fullstory/2279518/miami-federal-judge-floridas-death.html#ixzz1Qz0eb9Wc

My theory about those searches (based on - info not completely SM

[ In Reply To ..]
brought out in trial. Remember the "friend" of Casey who said she was planning on moving into the house because Casey's parents were getting a divorce? There is a bit more to that story. I think Casey was thinking of ways to kill her parents, I truly do. I think she was going to stage a "home invasion" or something like that. Maybe Caylee was going to be included in that as well, who knows?

Good point. I think Casey's parents were going to be victims. - What was Cindy and George thinking?

[ In Reply To ..]
Did they actually believe she would stop at Caylee. If she is acquited, do they actually want her back in their home? Weird and yikes.

Cayce's jealousy - Onlyhuman

[ In Reply To ..]
I got the feeling that she was jealous of Caylee and never even felt like a mother to her but more like a babysitter who was under the watchful eye of her mother Cindy. Remember they had some kind of fight before Caylee disappeared. Cindy wanted Cayce to take more responsibility and told her she couldnt watch Caylee all the time. So I think she killed Caylee maybe in the swimming pool while George was taking a nap (cause who the heck was watching her anyway)? So she killed her to get back at Cindy and her father. So she can think in her mind "Good, you don't want to watch her anymore, this is what you get".

motive - dee

[ In Reply To ..]
Their fight was because Cindy found out from her own mother (Casey's grandmother, poor dead child's greatgrandmother) that Casey had stolen $350 from a health-care account set up for Casey's grandfather (Cindy's father) in the nursing home. Casey stole the money during a visit to pay her own cell phone bill. When Cindy told her she was going to kick her out and take custody of the baby Caylee, Casey stormed out, taking baby with her and that was the last time baby was seen alive. It would seem that Casey might have taken her anger out on the baby. Cindy's mother and her own brother told FBI and Fla detective about this fight and their interviews are on YouTube. Hard to understand why prosecution didnt introduce this and call Cindy's mother and brother as witnesses.

chloroform - Onlyhuman

[ In Reply To ..]
Isn't chloroform found in bleach? One of the chemists they questioned said household bleach. But could the chlorine in pool water also be bleach = chloroform?

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