Great move, not to charge on more serious charges

Discussion in 'Caylee Anthony 2 years old' started by Chemaster, Oct 2, 2008.

  1. Chemaster

    Chemaster New Member

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    First time poster here and first, I would like to express my opinion that this is a great site that raises probing questions and provides for much needed information about this case.

    Tricia, great job!!!

    IMO, I believe, it is a great move not to file more serious charges and rush forward until the 'time is right' even if this means moving forward to trial with the current charges.

    Why?

    • Additional charges may be filed when / if a body is found OR as additional evidence is obtained. Also, the current charges could amount to a lot of jail time as they stand now. In addition, a trial on the current charges along may provide additional evidence to support more serious charges later on.
    • The physiological effect (on the jury) of CA not testifying and giving details about where her daughter is and what happened if she is only charged (at this time) with the current charges would be very damaging! What mom wouldn't testify and tell her story while defending herself to the CURRENT charges of child neglect? WoW
    • IF you toss in more serious charges such as murder / homicide (with current evidence) then a juror may be a little more sympatric on her right to remain silent while defending the more serious charges! However, EVERY mother must testify and defend herself against child neglect charges.
    • Her story, explanation or spin of events obtained at trial either made directly or through her attorney will be part of public record which may support additional charges later on

    Just my opinion …
     
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  3. SeriouslySearching

    SeriouslySearching New Member

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    Welcome to WS, Chemaster! Great first post! :) I agree to a point, but I think before this ever goes to trial...additional charges will come into play.

    It is my understanding that they cannot try her on Neglect then come back later to try her for Murder. (Unless I am mistaken and flunked my WS law 101 crash course!)
     
  4. Tammie63

    Tammie63 New Member

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    Interesting, I wasn't thinking of future juries but I see where slow and steady is the ticket. This game of Chess will eventually end with KC in Checkmate!
     
  5. tsmith

    tsmith New Member

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    Very good points! And welcome. I am a newbie as well. This is a great site.
     
  6. tiredofthis

    tiredofthis New Member

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    Welcome.
     
  7. Digger

    Digger New Member

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    I agree. KC should get some jail time out of the charges pending against her - so they may as well take their time building a strong case against her regarding caylee's disappearance. She's not going anywhere. they can get all their ducks in a row so to speak.

    Is it true that if they bring neglect charges against her that she can't be tried for murder? I've never heard of this, can anyone confirm? She has so many other charges against her it probably wouldn't hurt to drop the neglect charges if they wanted to charge her with murder - if it's true that they can't charger her w/ neglect AND murder.

    Digger
     
  8. liltigress

    liltigress Fighting The Good Fight

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    Welcome to WS!

    Great first post. You fit right in.
     
  9. Marina2

    Marina2 New Member

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    Is the neglect charge going to be tried in family court or criminal court? Also, it is my understanding that the type/class of child neglect she is charged with specifically states that no physical harm came to the child per Florida statute. For this reason I feel that murder of one's child is not related to this type of neglect charge...murder is harm. I think the neglect charge stems from her not reporting her missing for 31 days and the murder charge will come from evidence found since then. Thus, the two charges are not related so that double jeapardy will not come into play.
    It seems that I have read, heard, dreamed, or something to the effect of during an investigation involving a child's safety, whereabouts, etc. a mother can be compelled to testify and if she doesn't can be held in contempt of court.

    These are some things that have been going through my mind in regards to the charges and trial. If anyone can enlighten me, please do.
     
  10. TxLady2

    TxLady2 New Member

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    I can't remember what I heard, but some lawyers were discussing this a while back, and argued that it depended on whether the neglect led to the death. Wish I could remember whether it was yay or nay. Dang! Now I have to go research and I HATE that!
     
  11. Marina2

    Marina2 New Member

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    This goes along with my post above. She is not currently charged with physically harming her child. When she is charged with murder, she will be charged with physically harming her. I would think this will deem the two charges unrelated so that double jeapardy will not come into play.

    Don't know but I hope this is the case.
     
  12. kathyn2

    kathyn2 New Member

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    They CAN charge her with neglect AND murder. They just have to do it all at the same time. They can't try and convict her for neglect and then come back at some later time and retry her for murder too. All charges relating to Caylee being missing must be filed and tried at the same time. LE has til her trial in November to bring additional charges regarding Caylee. No reason to rush to charge her altho I can't wait til Nov and see her beehind back in jail.



     
  13. bailee

    bailee New Member

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    LE wants to wait to file charges. Baez seems to be pushing for them to charge KC with the murder charges. Would this then (in Baez's mind), enable him to make the other charges "go away" due to the prior bad acts not being allowed in at a murder trial? I am probably totally wrong so please give me your input.
     
  14. WholeLottaRosie

    WholeLottaRosie Dancing on a moonbeam!

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    Depends on FL law and also how they charge it. If the neglect is a separate criminal act and not part of the act of murder, then yes they should be able to charge and convict on the neglect. But , if the neglect led to the murder, then no probably not.
     
  15. celebraion

    celebraion New Member

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    I noted that she has officially pled not guilty on the check fraud charges. How possible is it she will skate on those charges? It seems like they have a lot of evidence. imo.
     
  16. Marina2

    Marina2 New Member

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    Prior bad acts are allowed in depending on the circumstances. They are usually argued as to whether they will be admitted or not but in this case I don't think a judge would rule them inadmissable if they are related to a murder charge.
     
  17. cyberborg

    cyberborg Seeking Justice for Victims

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    Isn't it a catch-22 dilemma? I see the recent LE announcements, that there are no new charges on the horizon but that KC 'would be' a suspect interesting.

    I feel that the LE needs to calm expectations down, both those of the public, media and, JB. Everyone is expecting a murder charge soon but with the right to a speedy trial -- LE needs to take their time and are alluding to this.

    I see recent announcements as an attempt to focus everyone on the child neglect trial in Nov. [very soon] since the LE/prosecutor cannot focus on both a strong case for child neglect as well as an on-going homicide at the same time [stretched thin?]. I see this as being split into two separate tracks and sets of discovery and evidence.

    Even JB is preparing for a murder trial, hiring a defense team such as Kobi for forensics. I don't see the LE charging KC with homicide in the next week or two and being ready in Nov to go to trial. Note that there is some discovery release and some retained. Why use the forensics now when there is plenty to prove neglect and leave the fate of Caylee till later?

    I see the LE preparing everything that is necessary for the child neglect and theft and taking that to trial while being patient on the ongoing homicide investigation. Dilemma?

    It derails JB because he is expecting homicide, it enables a soft ball trial to get KC on some foundation charges and place her in prison :behindbar [3-5 years?]. :woohoo:

    I know that this has to be done 'right' so that it does not jeopardize a murder or manslaughter charge next year but I think they will do that. Get KC locked up and then nail down the follow-on case. :waitasec:

    Otherwise, if they charge KC for homicide in the next few weeks based on strong circumstantial evidence (no body) can they drop or postpone the child neglect case to give them sufficient time to prepare a very complex case?

    I just see recent events as a media level-set to focus everyone on a child neglect / theft trial and defer the homicide as an ongoing pending investigation that they want to focus time, do it right and, there is no rush since there is no statute. :clap:

    Otherwise, they don't have enough and are going to go for just putting KC away based on neglect and theft -- else there is a knee-jerk rush to trial. :confused:

    Thoughts?
     
  18. PurpleHaze

    PurpleHaze New Member

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    Will KC be kept in a private suite at the jail as before if she is found guilty of any charges?
     

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