2010.11.29 Defense Initial Penalty Phase Witness List

[ThinkTank]

I guess from watching a lot of TV, I always assumed the penalty phase was when the judge asked if anyone had anything to say before he pronounced the sentence. Family or friends would stand up and either condemn the accused or exclaim how much they needed them to be free for the family, etc. That's what I was thinking.

Now, I think I know it will be more like a mini trial with witnesses getting on the stand and being questioned by the defense. I imagine the questions will be very direct and to the point they want to make (yes, ICA was worried about Caylee because ICA was crying in bed; yes, ICA took good care of Caylee because she once changed Caylee's diapers, etc) without letting the witnesses explain anything in detail.

Will the SA be able to cross examine these witnesses to get the truth out?

When the family and friends tell the Judge how hurt they are over the loss of the victim, it is the "victim empact statements" that they are allowed to give to the Judge, before the Judge announces the sentence for the crime.

In the Penalty Phase of the trial - it comes after the first phase of the trial - the guilt/innocent phase has been completed, and the Inmate has been found guilty. Then, it is like another mini trial where the Defense will put up witnesses that hopefully will say something good about the convicted murderer (or something BAD about KC's mother or father...), and will beg the jury not to sentence the convicted murderer to DEATH, hoping that will sway the jurors to recommend a sentence of life in prison, instead of the death penalty. The State will cross examine each witness the Defense puts on the stand. Then the jury will decide what the sentence will be.

 

[Intermezzo]

[ame="http://www.websleuths.com/forums/showthread.php?p=6037130#post6037130"]2011.01.06 Baez Slapped with Formal Sanction - Page 43 - Websleuths Crime Sleuthing Community[/ame]

I hope I did this correctly,,the posts should be on this thread...

ThinkTank

What does Rule 3.202 say?
Finnell wrote that this "rule does not apply since the State did not timely file notice of intent to seek the death penalty or having filed such a notice withdrew the notice and filed a second notice after the expiration of the 45 day time period."

Finnell provided Discovery in accordance with Rule 3.220.

Intermezzo

I am sure this has been addressed before when Andrea Lyon was part of the defense team and she was denied.

Pre-trial motions and defenses
Florida Rule of Criminal Procedure 3.202
Expert Testimony of Mental Mitigation During Penalty Phase of Capital Trial

3.202(a)
Notice to Intent to Seek Death Penalty
The provisions of the rule only apply in those capital cases in which the State gives written notice of its intent to seek the death penalty within 45 days from the date of arraignment.
Failure to give timely written notice under this subdivision does not preclude the State from seeking the death penalty


Page 66
Criminal Rules Update
http://www.ninthcircuit.org/programs...ulesUpdate.pdf


FRCP
Page 79
http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/BDFE1551AD291A3F85256B29004BF892/$FILE/Criminal.pdf?OpenElement

http://www.law.fsu.edu/library/flsup...3/op-84273.pdf

ThinkTank

THANK YOU for this info!! It is very helpful !
The only one I could not open was the "FRCP - Page 79" link?

So, Finnell is saying that she does not have to name the Defense Expert in mental mitigation until 20 days before trial [April 19, 2011], according to that Rule.

Finnell is saying she can defy Judge Perry's Order to list the Mitigation Expert by January 1, 2011, because the State filed notice of intent to seek the death penalty, but then withdrew the notice and filed a second notice which was past the 45-day time period after arraignment.

ThinkTank

http://www.docstoc.com/docs/69472421...ponse-Redacted
First page - Finnell talks about Rule 3.202 not applying.....

Intermezzo

rule 3.202(a)
Notice to Intent to Seek Death Penalty
The provisions of the rule only apply in those capital cases in which the State gives written notice of its intent to seek the death penalty within 45 days from the date of arraignment.
Failure to give timely written notice under this subdivision does not preclude the State from seeking the death penalty

rule 3.202 (c)
" Defendant shall give notice of intent to present expert testimony not less than 20 days before trial'


Oct 14, 2008 Grand Jury Indictment..
Oct 28, 2008 Arraignment
Somewhere between Oct 28 and Nov 5 the DP is on the table, I assume...
Nov 5, 2008 Report argues against death
http://articles.orlandosentinel.com/...y-anthony-case
Dec 5, 2008 Death Penalty Removed
Dec 11,2008 Remains and more evidence found
April 9, 2009 Death Penalty back on..

Okay, let me give this a try....

The State, according to the rule, can seek the DP...
Finnell is arguing that rule 3.202 does not apply....
Well IMO Yes and NO
The rule 3.202(c) applies to EXPERT witnesses in the Penalty Phase it does not mention non-expert penalty phase witnesses...which is who she lists in the Motion...

http://www.docstoc.com/docs/69472421...ponse-Redacted

 

[SunnyinMO]

When the family and friends tell the Judge how hurt they are over the loss of the victim, it is the "victim empact statements" that they are allowed to give to the Judge, before the Judge announces the sentence for the crime.

In the Penalty Phase of the trial - it comes after the first phase of the trial - the guilt/innocent phase has been completed, and the Inmate has been found guilty. Then, it is like another mini trial where the Defense will put up witnesses that hopefully will say something good about the convicted murderer (or something BAD about KC's mother or father...), and will beg the jury not to sentence the convicted murderer to DEATH, hoping that will sway the jurors to recommend a sentence of life in prison, instead of the death penalty. The State will cross examine each witness the Defense puts on the stand. Then the jury will decide what the sentence will be.

Who will stand up and give a victim's impact statement for Caylee?...no family member sits on the State side....will a stranger stand up and speak of the lose of Caylee...Jeff and Linda do every time they are in court....but will no family member stand for Caylee..what a sad, sad thought

 

[jennyb]

So I'm wondering... is poor Kristina also under the umbrella heading of "agent of the State" according to the defense -- simply because she wanted to help locate Caylee?

That phone call HAS TO COME IN. When they hear its hideousness the jury will be sitting there, jaws agape, eyes popping out of their heads. You'll be able to hear a pin drop in that courtroom.

That is the most disgusting thing I've ever heard. And I've heard it several times. I still can't get over it.

 

[jennyb]

SunnyinMO -

Yes, who will stand for Caylee from that family? It'll probably be the first time in history a two-year old baby has no one to stand up for her. What, are the Anthonys, after all the lies and obstruction and accumulation of blood money, after sitting behind the defense team throughout the trial, going to suddenly find Jebus and say a word for Caylee?

I can't see it happening. So tragic.

 

[Tulessa]

When the family and friends tell the Judge how hurt they are over the loss of the victim, it is the "victim empact statements" that they are allowed to give to the Judge, before the Judge announces the sentence for the crime.

In the Penalty Phase of the trial - it comes after the first phase of the trial - the guilt/innocent phase has been completed, and the Inmate has been found guilty. Then, it is like another mini trial where the Defense will put up witnesses that hopefully will say something good about the convicted murderer (or something BAD about KC's mother or father...), and will beg the jury not to sentence the convicted murderer to DEATH, hoping that will sway the jurors to recommend a sentence of life in prison, instead of the death penalty. The State will cross examine each witness the Defense puts on the stand. Then the jury will decide what the sentence will be.

You know Think, I will be standing in those shoes when my brother's murderer will be sentenced. I have done a lot of thinking on this matter & I have decided that I will ask that they spare his life. For one simple reason. I don't want his mom going through what my mom went through. In the end, two wrongs don't make a right. My husband on the other hand wants to be the one to give the injection & I respect how he feels as he does me. Berry Hall's mother was extremely good to my brother & that's what I have to focus on.

 

[strawberry]

Respectfully Quoted Snaz :cool2:

I remember that Snaz. IIRC, it was Cindy who spoke about Casey being "employee of the month" and IIRC: Cindy said there was a plaque.

Can Cindy enter the plaque as evidence? :floorlaugh:

:cow:

Sheesh guys how many times do I have to tell you it wasn't just employee of the month it was employee of the year!!!

http://www.wesh.com/r/16947154/detail.html

"She just lucked into a photography job at Universal Studios, not at Universal Studios, but for Kodak, and she has a plaque. She was the employee of the year," Cindy Anthony said.

Casey Anthony has worked for a company that does promotional work for the nightclub Fusion.

Check out the defense spending thread!

 

[SunnyinMO]

SunnyinMO -

Yes, who will stand for Caylee from that family? It'll probably be the first time in history a two-year old baby has no one to stand up for her. What, are the Anthonys, after all the lies and obstruction and accumulation of blood money, after sitting behind the defense team throughout the trial, going to suddenly find Jebus and say a word for Caylee?

I can't see it happening. So tragic.

I can't see it happening either. I can't see any member of the family who will be willing to stand up to Cindy and stand up for Caylee. In a 'perfect world' I see people like us, in the court room, sitting on Caylee's side with buttons/shirts/signs...something that shows we are there to see justice for Caylee. Something tells me I just might experience a 'perfect world.'

 

[SunnyinMO]

Sheesh guys how many times do I have to tell you it wasn't just employee of the month it was employee of the year!!!

http://www.wesh.com/r/16947154/detail.html

"She just lucked into a photography job at Universal Studios, not at Universal Studios, but for Kodak, and she has a plaque. She was the employee of the year," Cindy Anthony said.

Casey Anthony has worked for a company that does promotional work for the nightclub Fusion.

Check out the defense spending thread!

Perhaps she can hang that award and the Award for Mother of The Year, that Cindy said she should get, in her cell on death row.:banghead:

 

[ldh]

You know Think, I will be standing in those shoes when my brother's murderer will be sentenced. I have done a lot of thinking on this matter & I have decided that I will ask that they spare his life. For one simple reason. I don't want his mom going through what my mom went through. In the end, two wrongs don't make a right. My husband on the other hand wants to be the one to give the injection & I respect how he feels as he does me. Berry Hall's mother was extremely good to my brother & that's what I have to focus on.

Has your brother's case gone to trial?

 

[miss plum]

Yes, it was Cindy who said Casey received an Employee of the Month award...she said that to prove Casey had a J.O.B...
We have seen Cindy's rationalization...if there is a picture of a dog that I was told was Zanny there must be a Zanny..
If Casey received an employee of the month award(even though it was in 2004 or 2005) it must prove she is currently employed...

Mother of the Year.
Employee of the Month.
I wonder if there's an award for Alleged Murderer of the Decade.

 

[LambChop]

Mother of the Year.
Employee of the Month.
I wonder if there's an award for Alleged Murderer of the Decade.

For Alleged Murderer of the Decade I would think a last meal, with a side of cole slaw.

 

[miss plum]

The only plaque I foresee her getting will be on her teeth.

 

[The World According]

Mother of the Year.
Employee of the Month.
I wonder if there's an award for Alleged Murderer of the Decade.

Indeed, there is!!!


Casey Anthony: No. 1 on ‘Most Notorious Women’ list
E! Entertainment has put Casey Anthony atop a list of notorious women. Have you seen this special? It’s “Fatal Beauty:15 Most Notorious Women,” . Anthony, who is charged with first-degree murder in the death of her daughter Caylee, came in No. 1

[ame]http://www.youtube.com/watch?v=E21zlhMBvVU[/ame]

 

[Aedrys]

The only plaque I foresee her getting will be on her teeth.

She's been there two years, almost three. There's no telling how much plaque is on her teeth or has been over that much time *shudder*

But I do agree that's the only kind of plaque she ever earn herself. LOL.

 

[The World According]

[ame]http://www.youtube.com/watch?v=urK30BgYGWY[/ame]

 

[The World According]

[ame]http://www.youtube.com/watch?v=X4eO3SPHGTc[/ame]

 

[Horace Finklestein]

SunnyinMO -

Yes, who will stand for Caylee from that family? It'll probably be the first time in history a two-year old baby has no one to stand up for her. What, are the Anthonys, after all the lies and obstruction and accumulation of blood money, after sitting behind the defense team throughout the trial, going to suddenly find Jebus and say a word for Caylee?

I can't see it happening. So tragic.

Well they just twist reality so to them, they will be supporting her. It will be "She's still alive" "It tarnishes her memory to punish Casey" "People only want to punish Casey - never looked for the real killer" ad nauseum. And wait till after the trial...it will NEVER end with Cindy going after Baez, probably suing everyone. It's going to be messy.

 

[Horace Finklestein]

The only plaque I foresee her getting will be on her teeth.

Even one of those was taxpayer funded.

 

[Tulessa]

Has your brother's case gone to trial?

No, and he was murdered in March before Caylee was murdered in June. His wife was also murdered by the same person. Her Uncle