Autumn
July 10, 2011 at 7:54 am
Our beloved Richard, could you please offer your opinion of the following post which posted in response to a petition floating around seeking relief on a Federal level from the acquittal, on all charges, of Casey Anthony?
I, one of many, value your professional opinion in all matters concerning Casey Anthony, and hearing from you, on this matter, would be greatly appreciated!
Comment from: http://www./forum1/message1555575/pg1
“Sorry, Mr. Commentator, but your interpretation of the Fifth Amendment with respect to limitations on criminal prosecutions is incorrect. Contrary to your assertion, the Fifth Amendment only applies to STATE prosecutions. The Federal Government is not prohibited from going forth with a subsequent prosecution on an individual for the same offense following an acquittal in state court under the principle of Dual Sovereignty. See, Bartkus v Illinois, 359 U.S. 121; Heath v Alabama, 474 U.S. 82 (1985); United States v. Aboumousallem, 726 F. 2d 27 (1979). The lone qualification for that determination is whether a subsequent federal prosecution meets compelling “federal interests”. In this case, where the United States has recently enacted a number of intensified laws dealing with children’s rights and enforcement thereof, the Government would easily have a substantial “federal interest” in ensuring that the murderer child, Caylee Anthony, obtains the justice for which she is constitutionally entitled. In addition, because of evidence that some of the members of the Casey Anthony jury violated their responsibilities as reasonable, competent jurors inasmuch as ignoring several admonishments by Judge Perry and admittedly making a hasty decision with respect to the verdict because of vacations and other personal matters, such impropriety would easily rise to the level of a “federal interest”, paving the way to prosecute Ms Anthony under federal statutes.
As far as those federal statutes go under which Ms Anthony could be prosecuted, there are several. Ms Anthony could be prosecuted under the General Murder statute (Title 18 USC, Section 1111(c)(3) (Murder of a child), or 18 USC, Section 115(b)(3) (Murder of a family member), or under Title 18 USC, Section(s) 241, 242, 245 or 247 dealing with criminal violations of an individual’s civil rights. Furthermore, Ms Anthony could, and should, be indicted on federal Obstruction Of Justice whereas she concealed a dead body and lied to law enforcement authorities, including the FBI. There are other federal statutes implicated as well should the United States Attorney want to be creative.
So, in conclusion, Mr. Commentator, your assessment of the limitations of the Fifth Amendment are quite flawed, and it IS in the interest of all readers here who genuinely want to see Caylee obtain justice by and through Federal prosecution of this wicked psychopath. What this means is that the Petition for which is referred to her should be signed and endorsed by as many people possible, because I can tell you, as a Federal attorney, it is making quite an impact with USA Robert O’Neill, and even more importantly, Attorney general, Eric Holder, who would make the ultimate decision whether to authorize federal prosecution of Casey Anthony pursuant to the longstanding “Petite Policy”.
Regards,
Dennis Caulfield, Esq.
Attorney at Law
