Lyons' talk of 'Mitigation'

Discussion in 'Caylee Anthony 2 years old' started by Blaise, Sep 18, 2009.

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  1. Blaise

    Blaise New Member

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    IMHO, which is really humble, the most interesting portion of yesterday's motions is Lyons' explanation of why the Anthony's need to visit without being taped. Much talk of 'mitigation'.

    Am I totally offbase that the word 'mitigation' means Lyons' is admitting she did it? If not, what is there to mitigate?

    From Lyons motio -- 'Mitigation often involves the investigation and discussion of painful and emotional past acts or occurrences or certainly circumstances surrounding the inmate and his crime that are not easily disclosed to strangers.'

    and

    'Miss Anthony must be allowed the support of her family and the ability to talk to her family while discussing these emotionally charged topics with her attorney. The inherent stressful nature of a mitigation investigation requires that the capitally charged person feel supported by her family while talking about what could be very difficult topics to discuss.'

    Sounds to me like Lyons' saying she did it, but you shouldn't fry her. And she needs to visit with her family privately so Casey can announce, "under the bus you go, you go! No hard feelings, right?? Your not gonna, like, deny that you beat me / sexually abused me / were MEAN to me, right? 'Cause if you do, I'll be ever so mad at you and you can forget me ever waving to you in the courtroom."



    Blaise
     
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  3. Texas Mist

    Texas Mist Retired WS Staff

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    AL's job is to prevent KC from getting the DP - so she'll need to scrounge around to find something(s) to accomplish that.

    If they need mitigating factors, where's the expert witness in psychology?

    This is almost straight from a soap opera drama, IMO.
     
  4. ZsaZsa

    ZsaZsa Active Member

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    Mitigation? So there were extenuating circumstances that made Casey kill Caylee?
    Enter Cindy....
     
  5. Spangle

    Spangle New Member

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    AL might be saying that in a cushy world, that KC and the A's need that. That AL needs that to do HER job.

    But it's asking for special treatment for KC.
     
  6. watcher9

    watcher9 Well-Known Member

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    They could have done all the "mitigating" they needed while KC was out on bail, but it didn't help her then and it sure won't help her now.
     
  7. Spangle

    Spangle New Member

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    They didn't have time to do that. Since they were busy trying to find Caylee... as Promised.../sarcasm off
     
  8. Patty G

    Patty G Retired WS Staff

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  9. cmsg2002

    cmsg2002 New Member

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    let them exchange more letters then....why should KC or the A's be given any different treatment than others accused of similar charges.

    Sounds to me like KC won't confess unless she can talk to her parents.....and they of course don't want that on tape just in case it doesn't go as planned.

    baloney!
     
  10. CarolinaMoon

    CarolinaMoon Active Member

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    One of Lyon's main goals in a DP case is to hope for the best and expect the worst. In the long haul, finding mitigating circumstances is her ultimate job in the worst case scenario.

    Casey made it clear in an early family visitation that she wouldn't "say anything" to the psychologist. What that "anything" is has been widely discussed on the board.

    That being said, I can't imagine any Kumbaya moments in any family visit, regardless of whether or not the video is released or destroyed.
     
  11. Gma Kat

    Gma Kat Wantonly distributing my opinion........

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    JB said their defense would blow us away and if they are intending to air out some dirty family secret to keep KC alive then I'm not surprised....what I don't understand is how on earth they could be granted a private meeting with KC with no survellience. Given their history of obstruction (IMHO) they would simply use this opportunity to discuss defense strategy and strengthen their "stories" er, testimony............any meeting in mitigation should be held AFTER there is a guilty verdict, otherwise its a moot point.
     
  12. Themis

    Themis Registered User

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    :dance: You are right on the mark! There is an inherent admission by the agent of a party opponent here: KC did do it, but there are mitigating circumstances that would show the DP is not warranted. According to the motion, KC can't tell AL those mitigating circumstances because KC is not emotionally connected with AL (if she is a sociopath that could explain the lack of a normal attorney-client emotional connection). [Sounds to me that KC is trying to negotiate a benefit to herself before she will tell AL any further "stories - ala - KC."] Could be a basis for pushing for a plea deal. It also screams that KC is really bouncing off the walls in jail with the isolation.

    The Court is going to have trouble with this one. It is clear the tapes and records can be originally made in the interests of jail security. Once made, they become part of the public record. The motion requests destruction of the public's record. Most governmental agencies have a statutory requirement to keep records for a certain period of time and then create a local policy of records destruction guidelines based on those statutes. So, AL may not know this, but they are probably asking the Court to order the governmental agency to destroy public records ahead of the statutory schedule.
     
  13. Searchfortruth

    Searchfortruth New Member

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    Asking for some special treatment once again...thank God Florida will not give it to them.
     
  14. cecybeans

    cecybeans New Member

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    I think this is a strategy AL needs to wrestle her client away from the evil influence of JB who is as delusional as KC. She may not be making headway with KC's stubborn insistence on being "innocent" and wants the family to be able to come in and help her counteract JB's enabling, by allowing KC to become more realistic about her expectations and therefore her own strategy. Even Lenamon went that route. Asked for mitigating factors as in, if KC was involved, it was an "accidental overdose" type of death related to PPD or some other psychological nonsense. GA and CA tried from early on to suggest a pool accident theory might be practical. But JB wasn't having any of that and he had the perfect delusional narcissist of a client to get away with it. JMHO.
     
  15. Brini

    Brini Future Irene Adler

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    They are gonna try to pressure her into going for a mental.

    Which won't work, BTW.
     
  16. Brini

    Brini Future Irene Adler

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    Socios often do well in prison. I'm not sure KC is "bouncing off the walls." I think we woulda heard about it.

    My guess is that her counsel are freaked because of the big box of air they have for evidence.

    If ANYBODY is stressed out, right now, it's JB, et al.
     
  17. cecybeans

    cecybeans New Member

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    It's not going to work as an insanity defense, but a personality disorder combined with a toxic family environment could mitigate a DP sentence perhaps. And that's all AL wants to do ultimately.

    I also think her family realizes (as does AL) that a SODDI defense is useless and will backfire. Claiming accidental death (unless there is actual evidence that proves premeditation) is the only real out she has. The "mitigating" circumstances of her "not coming forward" would simply be the insane relationship she had with her parents, particularly her mother, who is one degree away from KC, imo.

    I think this is all about damage control - starting on the 31 days and culminating with the minute KC hired JB, which made this whole thing spiral into inanity.
     
  18. Brini

    Brini Future Irene Adler

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    Well, the "Guiding Light" just went off the air, after 72 years.

    Maybe the As are looking for a new gig?
     
  19. Star12

    Star12 New Member

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    I'm just wondering if AL and/or the rest of the defense team thinks that they might get a face-to-face meeting. Don't think so.

    Not that I think this unrecorded meeting will fly. She's not that special. And there has been no reason why the family could not have visited KC anyway. Except for paranoia.

    The Court never said there could be no visitation.

    The jail never said there could be no visitation.

    Oh, and being segregated? I think that was for her protection, eh?
     
  20. lawlady84

    lawlady84 New Member

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    AL is a death penalty defense lawyer. A lot of times I've found DP lawyers aren't really cut from the same cloth as other defense lawyers. They aren't necessarily about getting the defendant off, but rather are anti-DP (and often pro-life).

    Mitigating factors don't come in until the penalty phase - after the defendant is convicted. AL might want KC to stop with the "I'm the best" facade and "admit" (make up?) a history of depression, abuse, etc.

    One could argue here AL isn't admitting anything, but is planning ahead incase KCs convicted. A good lawyer won't stick her head in the sand pretending there's no way your client could be convicted. (JB). Even if you have a pretty solid case, you always come up with a back-up plan so you're not at a time disadvantage.
     
  21. lawlady84

    lawlady84 New Member

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    Also, about the taping, why not ask the judge to seal the tapes? I wouldn't think a judge would have a hard time saying a capital defendant's constitutional right to a fair trial trumps disclosure under the sunshine law to the media. Judges can always act equitably in the interest of justice. WESH isn't exactly an imperative party to the litigation
     
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