Today's hearing is scheduled to cover these issues:
Gender-biased motives in seeking death
Anthony's legal team argues the state is unfairly seeking the death penalty against their client. The defense claims there is "inherent bias" against women who are accused of violent crimes, especially those accused of killing their children.
The defense points out how the state fails to seek the death penalty against many men accused of killing children.
"Societal biases against women provide the state with a way of deflecting attention away from the insufficiency of the evidence in Miss Anthony's case," according to defense motion.
Automatic appeal of death sentence
A defendant who is sentenced to death automatically gets a direct appeal to the Florida Supreme Court. The defense claims the state's top court can't meaningfully review the case without a report written by a "capital jury," which is not required by law.
Legal details on why state is seeking death
Casey Anthony's attorneys want prosecutors to give the legal reasons called "statutory aggravators" why the state seeks to execute their client.
The law requires a jury to weigh certain factors, such as the victim is younger than 12 and the murder is premeditated, that make a defendant eligible for the death penalty.
The defense wants to know what "aggravating circumstances" the state will try to prove during sentencing. This will allow her defense to fully prepare their side.
No info revealed related to a potential penalty phase of trial
If someone is convicted of murder, the case moves to the penalty phase. That's when the defense tells a jury reasons why the defendant should not get the death penalty but be sentenced to life in prison.
Casey Anthony's attorneys want Perry to issue an order protecting Anthony from having to "reveal any information relating to any potential penalty phase proceeding to the state prior to the time she is actually convicted of first-degree murder."
Prosecutors' motives to seek death
The state initially announced it wasn't going to seek capital punishment. Four months after Caylee's remains were found, prosecutors changed their minds and stated they would seek death.
Her defense questions their motives.
Death cases are different they require death-penalty qualified attorneys, they cost more money and take longer to go to trial. Casey Anthony had to hire another attorney because her retained lawyer, Jose Baez, was not qualified to be lead attorney.
"The prosecution knew this would financially break the defense," the defense wrote in the motion.
http://www.orlandosentinel.com/news/...,3268755.story
ALyon (no S) will be doing the arguements today..we will get another glimpse of her in action...:innocent:
Gender biased??? Why is a woman different than a man when seeking the DP?
Automatic appeal-defense is claiming they cannot properly appeal without a report written by a capital jury which isn't required by law..is the defense trying to rewrite Florida law???
Legal details as to WHY the state is seeking a DP conviction...gee a child under 12 is found 6 months after her death thrown into a swamp with duct tape over her airways?
Potential penalty phase..Casey Anthony's attorneys want Perry to issue an order protecting Anthony from having to "reveal any information relating to any potential penalty phase proceeding to the state prior to the time she is actually convicted of first-degree murder."...So how will they argue their reasons why she shouldn't be put to death..
Prosecutors motives to seek death penaly will finacially break their client...doesn't matter at this point, she is indigent..so this doesn't seem to apply...JMHO
Justice for Caylee