Opinion Piece: Casey Out in 3 Years!

[kbl8201]

and i'd love to know exactly what doubt there is that she killed caylee.

the only other possible suspects (that live in the real world, not casey's make believe planet) would be her parents imo.

 

[JBean]

Two things: 1) she's not charged with manslaughter, which is what would be the result of an accidental death, and the defense also isn't claiming accident. You don't duct tape a person who died accidentally.
2) It's not necessary to prove manner of death to obtain a 1st degree murder conviction. Nobody knows exactly how Laci Peterson died, only that Scott did it and her body turned up in the Bay where he was "fishing".

Hey LinasK.
actually she is charged with aggravated manslaughter. FWIW.

7.7 MANSLAUGHTER [section] 782.07, Fla. Stat.

To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt:

1. (Victim) is dead.

Give 2a, 2b, or 2c depending upon allegations and proof.

2. a. (Defendant) intentionally knowingly or consciously committed an act that caused the death of (victim).

b. (Defendant) intentionally knowingly or consciously procured an act that resulted in the death of (victim).

c. The death of (victim) was caused by the culpable negligence of (defendant).

In order to convict of manslaughter by intentional act, it is not necessary for the State to prove that the defendant had a premeditated intent to cause death.

Culpable Negligence - culpable negligence is more than a failure to use ordinary care toward others. In order for negligence to be culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing careless disregard for the safety and welfare of another person or persons.

 

[Paintr]

The charges against KC now may not be the same charges that are leveled by the time the official trial rolls around. (Just saying, not arguing. )

 

[logicalgirl]

Hey LinasK.
actually she is charged with aggravated manslaughter. FWIW.

7.7 MANSLAUGHTER [section] 782.07, Fla. Stat.

To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt:

1. (Victim) is dead.

Give 2a, 2b, or 2c depending upon allegations and proof.

2. a. (Defendant) intentionally knowingly or consciously committed an act that caused the death of (victim).

b. (Defendant) intentionally knowingly or consciously procured an act that resulted in the death of (victim).

c. The death of (victim) was caused by the culpable negligence of (defendant).

In order to convict of manslaughter by intentional act, it is not necessary for the State to prove that the defendant had a premeditated intent to cause death.

Culpable Negligence - culpable negligence is more than a failure to use ordinary care toward others. In order for negligence to be culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing careless disregard for the safety and welfare of another person or persons.

Isn't she charged with felony manslaughter or also felony manslaughter - that is causing the death of a child under the age of 12?

 

[Astraea]

Here is the manslaughter charge from the indictment.

Aggravated Manslaugher Of A Child

And the Grand Jurors of the County of Orange, duly called, impaneled and sworn to inquire and true presentment make in and for the body of the County of Orange, upon their oaths do present that CASEY MARIE ANTHONY, between the 15th day of June, 2008 and the 16th day of July, 2008, in said County and State, did willfully or by culpable negligence, in violation of Florida Statutes 782.07(3) and 827.03(3), while a caregiver to CAYLEE MARIE ANTHONY, a child under 18 years of age, fail or omit to provide CAYLEE MARIE ANTHONY with the care, supervision and services necessary to maintain CAYLEE MARIE ANTHONY'S physical and mental health, or fail to make a reasonable effort to protect CAYLEE MARIE ANTHONY from abuse, neglect or exploitation by another person, and in so doing caused the death of CAYLEE MARIE ANTHONY.

 

[kbl8201]

caylee's death is about as much manslaughter as jfk's was.

it may very well have been an accident. but casey threw that all out the window (for me anyways) when she dumped per precious baby in the woods like trash and then went out and partied for a month.


give her the needle

 

[Astraea]

Let me try this again - isn't she charged with aggravated manslaughter of a child which carries a different set of requirements than just straight manslaughter?

This site has the punishments for offenses....hope that helps

http://law.onecle.com/florida/crimes/782.07.html
782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic

http://law.onecle.com/florida/crimes/775.082.html
775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.

This is of course NOT verified legal information!! Just my understanding of which sections apply. Maybe this has been answered by one of the lawyers on board already

 

[logicalgirl]

Here is the manslaughter charge from the indictment.

Aggravated Manslaugher Of A Child

And the Grand Jurors of the County of Orange, duly called, impaneled and sworn to inquire and true presentment make in and for the body of the County of Orange, upon their oaths do present that CASEY MARIE ANTHONY, between the 15th day of June, 2008 and the 16th day of July, 2008, in said County and State, did willfully or by culpable negligence, in violation of Florida Statutes 782.07(3) and 827.03(3), while a caregiver to CAYLEE MARIE ANTHONY, a child under 18 years of age, fail or omit to provide CAYLEE MARIE ANTHONY with the care, supervision and services necessary to maintain CAYLEE MARIE ANTHONY'S physical and mental health, or fail to make a reasonable effort to protect CAYLEE MARIE ANTHONY from abuse, neglect or exploitation by another person, and in so doing caused the death of CAYLEE MARIE ANTHONY.

Thank you! I MUST learn how to search and quote quickly!

 

[JBean]

This is the charge. I just pulled the other off someone elses post without checking it. sorry. But I was responding to the comment that she wasn't charged with manslaughter, because she is:


782.07(3)782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.--

3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(3) commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

 

[JBean]

Let me try this again - isn't she charged with aggravated manslaughter of a child which carries a different set of requirements than just straight manslaughter?

you are correct. I took that infomration off the "charges thread"
But I was really repsonding to my old friend Linask's comment that she was not charged with manslaughter because she is.

 

[miss plum]

I sort of wish Mike Thomas had ended his piece with IMO written in large letters.

 

[LinasK]

you are correct. I took that infomration off the "charges thread"
But I was really repsonding to my old friend Linask's comment that she was not charged with manslaughter because she is.

I should probably ask this on the lawyer thread, but how does that work? She is charged with both, and if, if the jury won't convict her on murder, then they can convict her on manslaughter? I thought it was one charge or the other...:waitasec:

 

[kbl8201]

I should probably ask this on the lawyer thread, but how does that work? She is charged with both, and if, if the jury won't convict her on murder, then they can convict her on manslaughter? I thought it was one charge or the other...:waitasec:

it is what they call an 'open murder' verdict. in the murder case i helped on in vegas, it offered first, second or voluntary manslaughter. during the retrial the jury came back with manslaughter, which essentially means, they acquitted her of first and second (so i was told anyways)

 

[Astraea]

The charge 827.03(3) from my post above has been taken off the original indictment if I am correct. Didnt want to confuse anyone, although I am feeling pretty confused myself most of the time lol!

 

[LinasK]

the only way i wouldnt convict is if she can produce a real person that took caylee from her, not some imaginary nanny or the guy who found caylee's remains, cause thats all nonsense

and i'd love to know exactly what doubt there is that she killed caylee.

the only other possible suspects (that live in the real world, not casey's make believe planet) would be her parents imo.

:laugh:I've got it! In Casey's mind, she put together Judge Perry and Cheney Mason, and thinks she's going to have a Perry Mason moment!!!:crazy::bang::loser:

 

[LiveLaughLuv]

At first I thought the manslaughter charge was there before Caylee's remains were found. After they found her, after finding the duct tape, the state put the premediated murder charge on.

I also thought the state did this to leave the defense wiggle room if they wanted to plead down but that ship has sailed long ago. The state will not play make a deal with Inmate Anthony, they have the goods on her just waiting to see/hear what the defenses defense will be. I can't see any compelling reasons why a mother would not report her child who is allegedly abducted and mom does her own investigation for 31 days. That will be the hardest obstacle for the defense...JMHO

Justice for Caylee

ETA:

Good one LinasK...A Perry Mason moment...LMAO

 

[marspiter]

Also in Florida a charge of First Degree Murder includes LIO such as 2nd degree and manslaughter. So even if Casey wasn't charged with Manslaughter the jury can still consider it.

"Murder in the First Degree includes the lesser crimes of Murder in the Second Degree, Murder in the Third Degree, and Manslaughter, all of which are unlawful."

Taken from 7.1 of the Florida standard jury instructions as provided by the Florida Supreme Court. http://www.floridasupremecourt.org/jury_instructions/instructions.shtml#

Manslaughter of a child under 18 is still a first degree felony in Florida......so I doubt Casey would be getting 3 years on a manslaughter charge. More likely to be between 15-30yrs.....in general population. If she stays alive in prison by the time she is out George and Cindy may already be gone. Lee will have moved on with his life and the general public will have forgotten about her. With no education, felony convictions for check fraud, and a manslaughter conviction (if that's the scenario) her life will be very difficult. She won't be able to profit after her conviction from her crime, and she will have a very difficult time finding employment. Statistically she will commit another crime and she will fall under the habitual felon laws. So yeah she may not end up with a life sentence.....but she is well on her way to spending most of the rest of her life behind bars imho.

 

[jon_burrows]

I could see Casey celebrating over an accident it would have saved her a lot of trouble. I would not expect a mother who wanted her child dead to be any less enthusiastic then if she killed her. Maybe she figured she would tell her mom in a day or two that way she could get out for a while I mean afterall she had plans with Tony. The funeral and all that would have brought her down killed her mood. Caylee is already dead I really cant do anything for her now. I'll get to it and then decomp sets in and shes screwed. etc etc etc the accident theory may come up. IMO

If we go down the road that Casey was celebrating an accident that took the life of her daughter then:

- What about the searches for missing children's sites before the accident? Coincidence? Was she planning a murder but an accident happened first?
- The search for chloroform, neck breaking, household weapons? Coincidence?
- Three layers of duct tape with a heart sticker? A 'staged' kidnapping with THREE looonngg layers of duct tape covering her mouth/nose. One would suffice for a staging, three is to serve a purpose---so Caylee couldn't breath.

There is no evidence to suggest she was planning on telling her mother in a few days. In fact the opposite is true, she was hiding from her family for 31 days. If Cindy hadn't tracked her down who knows how long she would have hid out at Tony's apartment.

I have no doubt the defense is going to use the accident theory because they have nothing. There is no job, no nanny, no SODDI, no kidnapping. Caylee's deceased body was in Casey's car. She was thrown away in the exact same brand (Whitney) hamper the As use. There are probably hundreds of those types of hampers on the market. Coincidence, no way. Caylee was duct taped with the same rare brand that was found on the A's gas can and the missing children's posters from the A home. There is no doubt Caylee was under Casey's care when she died. The defense can't get around those hard cold facts and I'm only stating a few. Some people still believe it could have been an accident...it's the only shot they have at a hung jury or a sentence less than life or the DP.

ETA: I don't think the accident theory will work. They can't stick to the 'Zanny the Invisinanny' story with a straight face.

IMO