Why does this particular issue keep coming back up? (RE: Why DP was put back on the table)
JA laid out the State's theory in open court on a silver platter for crying out loud! Is it just that the defense wants it in writing?
Many, including AL, are pretending to forget that whole speech from JA, that one could conclude that poor Caylee may have looked into the eyes of her murderer, that being her own mother, as she was suffocated via duct tape and restrained by physical and/or chemical means.
How could you forget it?
ETA: I'm sure this was addressed. I read through some of the thread, but it was the part that bugged me the most during this hearing. The state has said plainly what route they are going. Does the defense need their hands held?
Bugs me too, bigtime ... the defense claims ignorance as to the state's aggravating circumstances yet the following motions were filed last November:
Motion to Declare Section 921.141(5)(d)Florida Statute and/or the Section 921.141(5)(d) Standard Instruction Unconstitutional Facially and as Applied and to Preclude their Application (The capital felony was committed during
aggravated child abuse)
Motion to Declare Fla. Stat. 921.141(5)(h) and/or the Standard (5)(h) Jury Instruction Unconstitutional Facially and as Applied (The capital felony was especially heinous, atrocious, or cruel)
Motion to Declare Florida Statutes 921.141(5)(I) Unconstitutional and to Preclude its Use in the Present Case (The capital felony was a homicide and was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification)
Motion to Declare Florida Statute 921.141(5)(L) Unconstitutional Facially and as Applied, and to Preclude its Use in the Case at Bar ((l)**The victim of the capital felony was a person less than 12 years of age)
Motion to Declare 921.141(5)(M) Unconstitutional Facially and as Applied (Victim Vulnerable Due to Age, Disability, or Familial or Custodial Authority(*The victim of the capital felony was particularly vulnerable due to advanced age or disability, or because the defendant stood in a position of familial or custodial authority over the victim)
So, again, if they have NO IDEA why the death penalty is being sought, why, oh why did they file motions BEFORE the state informed them ?????
I'm thinking the defense is looking for a much more detailed list of factors including the evidence the state will use to argue them .... which is the part I don't get ... isn't the state just being made to list the aggravating circumstances they intend to prove ???
