Casey Is NOT Safe From Double Jeopardy Laws?

rossva · Jul 30, 2011

Not if said only in the opening statement. opening statements are not evidence.

Cracka*Jaxx said:
A defense attorney represents the defendant. In other words, the attorney is speaking for the defendant. So, whatever JB says Casey has agreed with. JB said that Caylee was dead all along. Everything Casey said or alluded to inferring that Caylee was alive would then be considered a lie. JMO.

rossva · Jul 30, 2011

Even if there was a constitutional amendment, it would have to be retro-active to apply to Casey, and that would never happen.

CharlestonGal said:
Allowing double jeopardy in the US would require a constitutional amendment. That will never happen, IMO.

natsound · Jul 30, 2011

RR0004 said:
Thank you. I intend on writing someone at the Federal level (FBI?)...any idea where a letter should go?

In your letter, please note that KC did lie to FBI agent Nick Savage. Some take issue with whether or not what she said was a lie, but during a videotaped informal talk with Savage not long after her arrest, KC said "I feel in my gut she's still alive".

natsound · Jul 30, 2011

Our best bet is to wait for KC do something else to land her behind back in the pokey.

Gma Kat · Jul 30, 2011

I always thought that new evidence is different than double jeopardy. Evidence not available at the time of the original trial, or even jury/witness tampering were also exceptions to double jeopardy?

cluciano63 · Jul 30, 2011

Gma Kat said:
I always thought that new evidence is different than double jeopardy. Evidence not available at the time of the original trial, or even jury/witness tampering were also exceptions to double jeopardy?

No that is only in order to exonerate someone who was convicted.

natsound · Jul 30, 2011

cluciano63 said:
No that is only in order to exonerate someone who was convicted.

Or, to re-open a cold case.

legalmania · Jul 30, 2011

If Casey Anthony went on the nightly news and said yes I killed Caylee she can not be tried for the same case twice. The fifth amendment has been in place for hundreds of years.

http://topics.law.cornell.edu/constitution/fifth_amendment

cluciano63 · Jul 30, 2011

natsound said:
Or, to re-open a cold case.

Right, but not to re-try the same person.

TxLady2 · Jul 30, 2011

natsound said:
In your letter, please note that KC did lie to FBI agent Nick Savage. Some take issue with whether or not what she said was a lie, but during a videotaped informal talk with Savage not long after her arrest, KC said "I feel in my gut she's still alive".

That statement cannot be proven to be a lie. She very well may have felt in her gut that Caylee was still alive and still known in her heart and mind that she was not. Saying you feel something is not stating you know something.

I really don't think the FBI would be interested in retrying this case. Sorry, but if that's all there is, it's just not enough, IMHO.

cuppy199 · Jul 30, 2011

TxLady2 said:
That statement cannot be proven to be a lie. She very well may have felt in her gut that Caylee was still alive and still known in her heart and mind that she was not. Saying you feel something is not stating you know something.

I really don't think the FBI would be interested in retrying this case. Sorry, but if that's all there is, it's just not enough, IMHO.

I disagree just because she stated as a feeling doesnt make it not a lie. According to her DT she knew from day one Caylee was dead.. How can you imply its a feeling when in fact you know your child was already dead. A lie is a lie. Will the FBI retry her for lying to the FBI probably not. Which IMO sends a bad message to others who might do the same thing in the future.

natsound · Jul 30, 2011

TxLady2 said:
That statement cannot be proven to be a lie. She very well may have felt in her gut that Caylee was still alive and still known in her heart and mind that she was not. Saying you feel something is not stating you know something.

I really don't think the FBI would be interested in retrying this case. Sorry, but if that's all there is, it's just not enough, IMHO.

That statement purposely mislead law enforcement. Statements like that kept LE on a path to find a missing girl.

RR0004 · Jul 30, 2011

TxLady2 said:
That statement cannot be proven to be a lie. She very well may have felt in her gut that Caylee was still alive and still known in her heart and mind that she was not. Saying you feel something is not stating you know something.

I really don't think the FBI would be interested in retrying this case. Sorry, but if that's all there is, it's just not enough, IMHO.

The FBI doesn't try a case...the Department of Justice does.

RR0004 · Jul 30, 2011

I have a question...do we know everything that the FBI was investigating? Do we know that every interview or report has been released?

cluciano63 · Jul 30, 2011

I think every suspected murderer lies their head off to LE and FBI...that's what they do, if they are talking but have decided not to confess. I think LE would be kept awfully busy prosecuting people who lie to them about whether or not they murdered someone. Not too many answer "yes.", IMO.

EPfan · Jul 30, 2011

Thinker Belle said:
Hmmm. I wonder if the absence of DNA maybe had anything to do with the body being left to the elements for 6 months in a swamp?? I stated I wasn't saying it would ever happen. IMO there is plenty that she should have been charged with but wasn't aside from murder.

I don't wonder about it because I know that 6 months in a swamp would destroy most or all evidence of DNA. I think you are exactly right about the charges. The prosecution over charged in my opinion, but in their defense I believe they thought that with all the media hoop-la and everyone thinking and convinced that KC killed Caylee before anyone or the media knew what the evidence was, they thought they had a conviction in the bag. The trial just didn't play out that way.

rossva · Jul 30, 2011

The OP didn't say it was or was not a lie. They said "That statement cannot be proven to be a lie." There is no way it can be proven either way.

cuppy199 said:
I disagree just because she stated as a feeling doesnt make it not a lie. According to her DT she knew from day one Caylee was dead.. How can you imply its a feeling when in fact you know your child was already dead. A lie is a lie. Will the FBI retry her for lying to the FBI probably not. Which IMO sends a bad message to others who might do the same thing in the future.

ZsaZsa · Jul 30, 2011

It seems that felons and their creepy defense can weasel their way out of everything. Hopefully this guy will get his comeuppance.
Wonder if there's some way the Feds can get ICA?
http://www.nola.com/crime/index.ssf/2011/07/man_acquitted_of_killing_four.html

ZsaZsa · Jul 30, 2011

rossva said:
The OP didn't say it was or was not a lie. They said "That statement cannot be proven to be a lie." There is no way it can be proven either way.

Just the way they have to doublespeak to not say anything incriminating gives me the creeps.
We know lies when we hear them.

rossva · Jul 30, 2011

Umm, by OP I meant Original Poster:

"Originally Posted by TxLady2
That statement cannot be proven to be a lie. She very well may have felt in her gut that Caylee was still alive and still known in her heart and mind that she was not. Saying you feel something is not stating you know something.

I really don't think the FBI would be interested in retrying this case. Sorry, but if that's all there is, it's just not enough, IMHO."

who you might owe an apology to. and please don't use the word "we", I am a member here as well, and you do not speak for me.

ZsaZsa said:
Just the way they have to doublespeak to not say anything incriminating gives me the creeps.
We know lies when we hear them.

Casey Is NOT Safe From Double Jeopardy Laws?

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