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  1. #1
    Join Date
    Oct 2008
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    164

    Great move, not to charge on more serious charges

    First time poster here and first, I would like to express my opinion that this is a great site that raises probing questions and provides for much needed information about this case.

    Tricia, great job!!!

    IMO, I believe, it is a great move not to file more serious charges and rush forward until the 'time is right' even if this means moving forward to trial with the current charges.

    Why?

    • Additional charges may be filed when / if a body is found OR as additional evidence is obtained. Also, the current charges could amount to a lot of jail time as they stand now. In addition, a trial on the current charges along may provide additional evidence to support more serious charges later on.
    • The physiological effect (on the jury) of CA not testifying and giving details about where her daughter is and what happened if she is only charged (at this time) with the current charges would be very damaging! What mom wouldn't testify and tell her story while defending herself to the CURRENT charges of child neglect? WoW
    • IF you toss in more serious charges such as murder / homicide (with current evidence) then a juror may be a little more sympatric on her right to remain silent while defending the more serious charges! However, EVERY mother must testify and defend herself against child neglect charges.
    • Her story, explanation or spin of events obtained at trial either made directly or through her attorney will be part of public record which may support additional charges later on


    Just my opinion

  2. #2
    Welcome to WS, Chemaster! Great first post! I agree to a point, but I think before this ever goes to trial...additional charges will come into play.

    It is my understanding that they cannot try her on Neglect then come back later to try her for Murder. (Unless I am mistaken and flunked my WS law 101 crash course!)
    "WE SEEK FOR THE TRUTH. WE SEEK JUSTICE.
    THE COURTS REQUIRE IT. THE VICTIMS CRY FOR IT
    AND GOD DEMANDS IT!"

    A quote spray painted on the wall by search
    and rescue workers, Team 5, at the OKC Bombing site 4-19-1995.



    What I post are my opinions only.

  3. #3
    Join Date
    Jun 2005
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    land of fruits and nuts
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    185
    Interesting, I wasn't thinking of future juries but I see where slow and steady is the ticket. This game of Chess will eventually end with KC in Checkmate!

  4. #4
    Join Date
    Aug 2008
    Posts
    32
    Very good points! And welcome. I am a newbie as well. This is a great site.

  5. #5
    Join Date
    Aug 2008
    Location
    Somewhere out there.
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    Welcome.

  6. #6
    Join Date
    May 2004
    Posts
    11
    I agree. KC should get some jail time out of the charges pending against her - so they may as well take their time building a strong case against her regarding caylee's disappearance. She's not going anywhere. they can get all their ducks in a row so to speak.

    Is it true that if they bring neglect charges against her that she can't be tried for murder? I've never heard of this, can anyone confirm? She has so many other charges against her it probably wouldn't hurt to drop the neglect charges if they wanted to charge her with murder - if it's true that they can't charger her w/ neglect AND murder.

    Digger

  7. #7
    Join Date
    Jul 2008
    Posts
    3,592
    Welcome to WS!

    Great first post. You fit right in.
    Bitter are the tears of a child: Sweeten them.
    Deep are the thoughts of a child: Quiet them.
    Sharp is the grief of a child: Take it from him.
    Soft is the heart of a child: Do not harden it.
    ~Pamela Glenconner~

  8. #8
    Join Date
    Jul 2008
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    Southeast US
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    Is the neglect charge going to be tried in family court or criminal court? Also, it is my understanding that the type/class of child neglect she is charged with specifically states that no physical harm came to the child per Florida statute. For this reason I feel that murder of one's child is not related to this type of neglect charge...murder is harm. I think the neglect charge stems from her not reporting her missing for 31 days and the murder charge will come from evidence found since then. Thus, the two charges are not related so that double jeapardy will not come into play.
    It seems that I have read, heard, dreamed, or something to the effect of during an investigation involving a child's safety, whereabouts, etc. a mother can be compelled to testify and if she doesn't can be held in contempt of court.

    These are some things that have been going through my mind in regards to the charges and trial. If anyone can enlighten me, please do.

  9. #9
    Join Date
    Aug 2008
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    7,943
    Quote Originally Posted by SeriouslySearching View Post
    Welcome to WS, Chemaster! Great first post! I agree to a point, but I think before this ever goes to trial...additional charges will come into play.

    It is my understanding that they cannot try her on Neglect then come back later to try her for Murder. (Unless I am mistaken and flunked my WS law 101 crash course!)
    I can't remember what I heard, but some lawyers were discussing this a while back, and argued that it depended on whether the neglect led to the death. Wish I could remember whether it was yay or nay. Dang! Now I have to go research and I HATE that!

  10. #10
    Join Date
    Jul 2008
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    Quote Originally Posted by TxLady2 View Post
    I can't remember what I heard, but some lawyers were discussing this a while back, and argued that it depended on whether the neglect led to the death. Wish I could remember whether it was yay or nay. Dang! Now I have to go research and I HATE that!
    This goes along with my post above. She is not currently charged with physically harming her child. When she is charged with murder, she will be charged with physically harming her. I would think this will deem the two charges unrelated so that double jeapardy will not come into play.

    Don't know but I hope this is the case.


  11. #11
    Join Date
    May 2004
    Posts
    3,004
    They CAN charge her with neglect AND murder. They just have to do it all at the same time. They can't try and convict her for neglect and then come back at some later time and retry her for murder too. All charges relating to Caylee being missing must be filed and tried at the same time. LE has til her trial in November to bring additional charges regarding Caylee. No reason to rush to charge her altho I can't wait til Nov and see her beehind back in jail.



    Quote Originally Posted by Digger View Post
    I agree. KC should get some jail time out of the charges pending against her - so they may as well take their time building a strong case against her regarding caylee's disappearance. She's not going anywhere. they can get all their ducks in a row so to speak.

    Is it true that if they bring neglect charges against her that she can't be tried for murder? I've never heard of this, can anyone confirm? She has so many other charges against her it probably wouldn't hurt to drop the neglect charges if they wanted to charge her with murder - if it's true that they can't charger her w/ neglect AND murder.

    Digger

  12. #12
    Join Date
    Aug 2008
    Location
    Ontario Canada
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    3,193
    LE wants to wait to file charges. Baez seems to be pushing for them to charge KC with the murder charges. Would this then (in Baez's mind), enable him to make the other charges "go away" due to the prior bad acts not being allowed in at a murder trial? I am probably totally wrong so please give me your input.

  13. #13
    Join Date
    Dec 2004
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    Midwest
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    Quote Originally Posted by Digger View Post
    I agree. KC should get some jail time out of the charges pending against her - so they may as well take their time building a strong case against her regarding caylee's disappearance. She's not going anywhere. they can get all their ducks in a row so to speak.

    Is it true that if they bring neglect charges against her that she can't be tried for murder? I've never heard of this, can anyone confirm? She has so many other charges against her it probably wouldn't hurt to drop the neglect charges if they wanted to charge her with murder - if it's true that they can't charger her w/ neglect AND murder.

    Digger

    Depends on FL law and also how they charge it. If the neglect is a separate criminal act and not part of the act of murder, then yes they should be able to charge and convict on the neglect. But , if the neglect led to the murder, then no probably not.






    All kinds of hugs!

    ROSIE



  14. #14
    Join Date
    Sep 2008
    Location
    I lived in Orlando from 1995 - 2008
    Posts
    82
    I noted that she has officially pled not guilty on the check fraud charges. How possible is it she will skate on those charges? It seems like they have a lot of evidence. imo.

  15. #15
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    Jul 2008
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    Quote Originally Posted by bailee View Post
    LE wants to wait to file charges. Baez seems to be pushing for them to charge KC with the murder charges. Would this then (in Baez's mind), enable him to make the other charges "go away" due to the prior bad acts not being allowed in at a murder trial? I am probably totally wrong so please give me your input.
    Prior bad acts are allowed in depending on the circumstances. They are usually argued as to whether they will be admitted or not but in this case I don't think a judge would rule them inadmissable if they are related to a murder charge.
    Last edited by Marina2; 10-02-2008 at 12:21 PM. Reason: clarified a point

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