The Charges, Statutes - What Must Be Proven

[impatientredhead]

I was under the understanding that both the murder charge and the felony charge had to be on the charge sheet. Please feel free to correct me if I'm wrong in that understanding. I don't presently have the time to research.

Yes, the aggravating felony must be included (in this case the aggravated child abuse). At the appeal level this has been the determining factor. If it is included then the jury was allowed to consider either. If the original indictment did not include the aggravating felony then felony murder was not an option because it was unfair to the defendant and their ability to defend themselves.

 

[Eidetic]

I think I understand your question regarding the agg child abuse and manslaughter but not guilty of murder-

Manslaughter would be death by negligence, ie Casey on the computer and Caylee drown, it would be aggravated by the fact that Casey is the caretaker (ie responsible for victim, not just a casual bystander) and by Caylee's age. The aggravating portion can make the sentence harsher.
Let's forget about the big grey nightmare in the room for a moment and focus on what else Caylees body tells us. I think at this point, manslaughter can be ruled out. The ME did not find evidence that someone had tried to revive Caylee. Had she found this, she would have ruled Caylees death accidental rather than homicide. With a small child, CPR has to be administered with two fingers because the ribs and organs are just so tiny and fragile. Her body would have been traumatized from the resulting attempt to restart her heart no matter how long she had been gone. A caregiver (Casey loved to watch mock hospital and CSI dramas) would happen upon such an "accident", mind goes frantic desperately attempting resuscitation.

Bold and red addition added by me.

 

[Kentjbkent]

Under Florida law, LIO's or Lesser Included Offenses do not have to be specifically charged in the indictment. In essence, KC also faces 2nd degree murder; manslaughter and all other LIO's of each named count on the indictment. The only charge that requires premeditation as an element is 1st degree murder. Per Knight, felony murder may also be instructed and also carries a maximum sentence of dp.

(List — see chart that follows instruction on the crime charged.)"

SNIPPED FOR BREVITY


So I am very confused if you apply this to the recent Lake County, FL of Jason Lenz, charged with first degree murder and aggravated child abuse of his girlfriend's 2 yr old son, and defended by Richard Hornsby.

Jason Lenz first trial was the second week of January. He was charged with first degree murder and aggravated child abuse (very similar charges as KC).

After seven hours of deliberation, the jury was unable to reach a verdict and the judge declared a mistrial.

"During that trial, jurors were not allowed to consider whether Lenz might be guilty of the lesser charge of aggravated manslaughter.

Assistant State Attorney Gino Feliciani announced Tuesday in court that he has now formally charged Lenz with that crime as well.That means that when Lenz goes on trial again, jurors will be able to consider that as a possible verdict."

http://www.orlandosentinel.com/news...-killer-suspect-lenz-20100126,0,1724629.story

Mr. Lenz retrial began about a week ago and now he was facing a possible first degree murder charge AND an aggravated manslaughter charge, as well as the aggravated child abuse charge.

After seven hours of deliberation, the jury returned a verdict of guilty on the first degree murder charge as well as the aggravated child abuse. Mr Lenz was immediately sentenced to life in prison plus thirty years.

http://www.miamiherald.com/news/florida/AP/story/1484128.html

SO why were the prosecutors forced to add this additional charge prior to the retrial if "Under Florida law, LIO's or Lesser Included Offenses do not have to be specifically charged in the indictment. In essence, KC also faces 2nd degree murder; manslaughter and all other LIO's of each named count on the indictment"????????? :waitasec:

And why was the jury in the first trial not instructed that they could consider Lesser Included Offenses if they were obvious hung on the murder one?