1st Degree: Premeditated or Felony

In Florida, the crime "First Degree Murder" can be proven either by showing a killing was done with premeditation, or during the course of committing specific felonies. Since KC was also charged with a felony on the list of felony-murder felonies, aggrevated child abuse, I'm leaning towards felony murder. But FM is a harder case to prove, since its usually mroe circumstantial.

Do you think LE found specific evidence of planning, and they were aiming for premeditated murder here? I think it hinges on the chloroform.

What do you think? What does our evidence say so far?

lawlady84 said:

In Florida, the crime "First Degree Murder" can be proven either by showing a killing was done with premeditation, or during the course of committing specific felonies. Since KC was also charged with a felony on the list of felony-murder felonies, aggrevated child abuse, I'm leaning towards felony murder. But FM is a harder case to prove, since its usually mroe circumstantial.

Do you think LE found specific evidence of planning, and they were aiming for premeditated murder here? I think it hinges on the chloroform.

What do you think? What does our evidence say so far?

Click to expand...

You nailed it on the head! I think they leaned toward charging an either premeditation or felony murder. You know it has got to be the chloroform. She either premeditated killing Caylee with it (searched it up, bought it or stole it and administered it) *or* she was planning on dosing her with it (felony) and in the commission of that felony Caylee died. Either way it's first degree murder. I think (and all of this is my opinion) is why you see the charges this way. Either way you can get the death penalty. Also, since there are lesser included charges in there the likelihood that something will *stick* is high. She's going down!

I am surprised no one mentioned that chloroform *could* maybe be present on little Caylee's hair shaft. Since you can test hair for drugs like Xanax or perhaps chloroform I would not be surprised if there was enough sample to test if the labs also found those drugs in that dead child's hair.

My feelings today are somber and grim. I fully expected this but I feel not a bit of happiness. I've eaten everything not nailed down in the house (cheetos, lime tostitos, m&m's, lasagna, bread, diet coke, etc.) I think I need to tread off all this crap (the food and the feelings).

T

lawlady84 said:

In Florida, the crime "First Degree Murder" can be proven either by showing a killing was done with premeditation, or during the course of committing specific felonies. Since KC was also charged with a felony on the list of felony-murder felonies, aggrevated child abuse, I'm leaning towards felony murder. But FM is a harder case to prove, since its usually mroe circumstantial.

Do you think LE found specific evidence of planning, and they were aiming for premeditated murder here? I think it hinges on the chloroform.

What do you think? What does our evidence say so far?

Click to expand...

The State needs to produce inculpatory evidence that proves its murder charge beyond a reasonable doubt.

The evidence does not prove a premeditated murder (murder one) was committed. The evidence does not prove a murder with malice aforethought (murder two) was committed.

Prosecutors do not have a body, a time of death, a cause of death, a place of death, a crime scene, a witness or a confession.

The defense should request a bench trial. If prosecutors move forward with a charge of murder one and/or murder two, the defense will ask and the Judge should award a summary judgment (pre-trial ruling) for the defense.

Case closed.

This day does not feel as exhilirating as I thought it would when she was finally arrested for the death of Caylee. I am relieved but still we have not found Caylee's body. This is what is haunting me. To know she is out there somewhere just tears me up. She's a baby. She didn't deserve any of this. I am sad.
With what the GD handed down..I feel like the prosecutors office does have evidence of premeditation...we already know some of it..the visiting of missing kids websites...the chloroform....and I feel like there is still alot we do not know. Casey will receive justice for her evil actions but no matter what nothing will ever bring little Caylee back. That is what saddens me most.