Child Neglect Charges Dropped 10/21/08

[Macushla]

"Sometimes there just aren't enough rocks"

LMAO - you got that right!

 

[Where's Andre]

That sounds like a "spaghetti" defense.

Mr. Baez promised us when KC's defense was presented, the "world" would "understand." That means they are not just going to be passive and see if the prosecution can make a case. That shoots down relying on the lack of evidence to support a "beyond a reasonable doubt" standard -- or said another way, "reasonable doubt exists so KC is not guilty." It means they are going to actively present a defense that contains KC's version of things. It means defense is going to actively call witnesses and present things we have not heard.

However, the only source of that is ... (drumroll) ... KC!

Can KC testify. Yes. BUT ... and that's a big BUT ... defense attorneys are forbidden by the rules of professional ethics from putting on evidence they know is false. A defendant can testify. The defense attorney lets the court know that it isn't attorney sanctified testimony and cannot use it in argument or refer to it in argument. They CAN, however, state this to the media. There is no law against arguing false information to the media. So, what Mr. Baez promises in the media and what actually happens in the courtroom may be two entirely different, but subtle things.

From KC's point of view; if she's going down for murder, what's a little perjury -- especially if the perjury can get her off on the murder. With her background, KC is thinking she'd be stupid not to take that risk.

Prosecution already believes they have enough to convict on the murder charge. Finding the body for forensic purposes would only be additional evidence.

At this point, Caylee is deceased and has no more earthly needs; she doesn't have any need to be brought home. Funerals and burials are social customs for the living; to provide emotional closure to the family and community.

After reading this, I flashed on this terrible thought... What if KC reconciles that she isn't going to "win", but changes her "strategy" to direct the defense to maximize the injury to her family (especially CA) and everyone else? The scorched earth defense-- thinly disguised as spaghetti.

It seems in keeping with her refusal to talk, denying the living of Caylee's body, desires of being a constant center of attention, and the jealousy motive toward CA relationship with Caylee.

She's probably capable of such an evil. The question is, would JB and his team be her willing or unwitting accomplices.

 

[CaliKid]

That might work, but you still have to look at KC's unwillingness to answer questions about Caylee's whereabouts and all the lies she's told. I truly believe the only place where Cindy's so-called abuse and neglect of KC will be the penalty phase if she is found guilty. She may be able to wiggle out of the DP by claiming abuse at the hands of her mother.

 

[curious_mom]

You know, I've been trying like hell to put myself in a defense attorney's shoes with this case. I seriously have NO IDEA what the defense could possibly be?! :waitasec:

If the State did indeed have the forensics tested three times at three different labs that blows poking holes in that. How can anyone resonably doubt evidence tested three times in as many labs all with the same result?

If they tried to say she sold Caylee that is human trafficking. Felony offense.

If they say she gave her to someone why would the person/s not give the child back? Not to mention that Casey and the family said Caylee is in danger and Casey saying she was kidnapped.


As you can all see, any defense I try to come up with I can, not so much shoot holes, as demolish, the entire senerio. Even the defense attorney's on the news networks have said the only defense, and the one they would use, is to attack the evidence. I can't see that as a possibility, and that's only with what we DO know. Not even coming close to what OCSD must have that we DON'T know about, kwim?


Any thoughts?

Correct me if I'm wrong, BUT:

IF Casey were to have given Caylee up for adoption, without telling anybody what her plans were, and it was done legally, isn't/wasn't she allowed to do so without permission from anybody else? She's over the age of 21, there supposedly isn't a father anywhere in the picture, and Cindy, George & Lee have no legal authority to decide who, when, or if this could be done. Caylee was Casey's child, so that decision would reside solely on her wishes, correct? Also, would the adoptive parents have any legal authority to release any info IF Casey didn't want it released?

(I'm not saying I believe this is what she did, only asking if it would have been possible )

 

[cacnotcam]

From my understanding of PPD normally only lasts for ABOUT 6 months after giving birth. I think 2 3/4 years would be pushing it. In this case it would be 5 times longer than the norm.

Yeah but I suppose they could stretch it and try to say that KC never bonded with Caylee, etc...So this was like an "accident" waiting to happen? KWIM? PPD does not go away per say in all cases...I had it and I still felt the repercussions of it until my daughter was about a year old and that is after seeking help!

 

[cacnotcam]

LOL I just got a panic call from a friend of mine who is on a business trip. She was watching Headline news and a crawl across the bottom said "charges dropped in Casey Anthony Case"! She knew exactly who to call to find out what was going on. I assured her there was no reason to foam at the mouth and say bad things, which she was about to do, and it was only the neglect charge that was dropped. She felt much better after talking to me but is still pretty steamed at Headline News for not putting all the info in!

I agree! That headline is VERY misleading! I was like "HUH?" when I first saw it and then after listening for a minute I got back to speed with what was going on!

 

[jennyb]

That might work, but you still have to look at KC's unwillingness to answer questions about Caylee's whereabouts and all the lies she's told. I truly believe the only place where Cindy's so-called abuse and neglect of KC will be the penalty phase if she is found guilty. She may be able to wiggle out of the DP by claiming abuse at the hands of her mother.

It would take the mother of all defense strategists to do it -- I mean, brilliant attorneys with solid psychological experts but I think it's possible the jury might buy it. I'm not saying it's true, but people really want to put some sort of reasoning behind such a heinous crime. Right now everyone has squat. Just intellectually it's an interesting idea.

And let's face it. KC is young and attractive and the typical juror could feel sympathy for her. It's kind of twisted and I'm not sure I'm expressing myself clearly but something tells me it's her only chance.

 

[cacnotcam]

That comment by Baez about the world understands has me curious. I think that he is trying to give the impression that something so horrendous happened to KC that snapped and Caylee was the one who innocently paid for it. I don't want to believe it, but incest and or rape comes to mind. And then pressure to keep the child against her will/too much attention to Caylee/kicking KC out of the house. I probably give that theory more attention because LP also kind of gave that impression. If this is the route they are going then there will be a psych defense.

As far as not asking for a speedy defense, I have found that it is common for defense to try to delay the trial. I am always shocked when a case goes to trial in less than a year. And it is usually the defense that asked for continuances. The theory is that the longer it is, the less dependable the witnesses are. Witnesses move, they die, they don't remember details as well. Police officers go to other jobs, lose notes etc. So the longer the wait, the better for the defense. Yes, there is the danger that the body will be found in the meantime, but prosecution is going forward without a body, so that is where they need to concentrate their defense. Since her remains have not been found to date then they may never be found and rushing things won't gain them that much and could lose them a lot.

Makes perfect sense!

 

[cacnotcam]

It would take the mother of all defense strategists to do it -- I mean, brilliant attorneys with solid psychological experts but I think it's possible the jury might buy it. I'm not saying it's true, but people really want to put some sort of reasoning behind such a heinous crime. Right now everyone has squat. Just intellectually it's an interesting idea.

And let's face it. KC is young and attractive and the typical juror could feel sympathy for her. It's kind of twisted and I'm not sure I'm expressing myself clearly but something tells me it's her only chance.

Oh, I agree! It would take one heck of a strategy!! LOL!! Oh wow but yeah. You are right. That could be her only chance BUT something is telling me that she will NEVER admit to any wrongdoing for Caylee and even if that means she goes to jail forever/gets death so be it.

 

[jennyb]

Oh, I agree! It would take one heck of a strategy!! LOL!! Oh wow but yeah. You are right. That could be her only chance BUT something is telling me that she will NEVER admit to any wrongdoing for Caylee and even if that means she goes to jail forever/gets death so be it.

anyway, i tip my hat to "where's andre" for the interesting theory of the day!

 

[Gaia713]

After reading this, I flashed on this terrible thought... What if KC reconciles that she isn't going to "win", but changes her "strategy" to direct the defense to maximize the injury to her family (especially CA) and everyone else? The scorched earth defense-- thinly disguised as spaghetti.

It seems in keeping with her refusal to talk, denying the living of Caylee's body, desires of being a constant center of attention, and the jealousy motive toward CA relationship with Caylee.

She's probably capable of such an evil. The question is, would JB and his team be her willing or unwitting accomplices.

I think they would go for it. The object is to win

 

[Gaia713]

Makes perfect sense!

A speedy trial is a good thing for a prepared defense (which this one is not). A delay is a good thing when the defense doesn't think they have a case. moo

 

[Insomnia Momma]

Correct me if I'm wrong, BUT:

IF Casey were to have given Caylee up for adoption, without telling anybody what her plans were, and it was done legally, isn't/wasn't she allowed to do so without permission from anybody else? She's over the age of 21, there supposedly isn't a father anywhere in the picture, and Cindy, George & Lee have no legal authority to decide who, when, or if this could be done. Caylee was Casey's child, so that decision would reside solely on her wishes, correct? Also, would the adoptive parents have any legal authority to release any info IF Casey didn't want it released?

(I'm not saying I believe this is what she did, only asking if it would have been possible )

If she gave Caylee up for adoption she would not need anyone's permission. However, if the people who adopted Caylee aren't living under a rock it would be in their best intrest to come forward with the child and PROOF that they adopted her legally. Let's say they go home with Caylee, everyone knows they didn't have her since birth and all of a sudden there is a missing child, same age, with a description and pictures plastered all over the country. I can't imagine that no one would come forward, a neighbor, a family member, etc. This child's biological mother is in jail on charges of First Degree Murder for killing said child, someone would come forward. Also, if this was the case then Casey would have papers proving she gave Caylee up and none of us would be in the situation we are in now. She could show that she placed Caylee up for adoption and she would no longer be held for Murder, all of the other charges would still apply though, kwim?

All it would take for the family that adopted Caylee would be for them to come forward to LE, show the adoption papers, and ask to remain anonymous due to the adoption and the high profile nature of this case for the safety of themselves and Caylee at this point. Even if they didn't know that Caylee was Casey's daughter they would surely know that the childs name was Caylee, they adopted her mid-June and she fits the description, including the birthmark on her left arm just as the little girl who is missing does. If she was legally given for adoption there isn't a damn thing LE or anyone else could do to take Caylee away from them. It would have been totally within Casey's rights to give Caylee up, legally, if she so chose.


I can't see this as a defense for my above reasons.