Reasons Casey is not charged with homicide and WHEN will she be charged?

[MiraclesHappen]

Correct! Great post, precise and to the point. However that's where my fear kicks in! What if Nov rolls around and nothing is concrete enough for Murder?? Then what?? she walks serving neglect charges max 7 years.

They can still take their time and do a thorough investigation on the murder charge. Double jeopardy would not be a factor as she would not later be charged with "Neglect" again for the same set of facts --That's double jeopardy. But, she would be newly charged with the murder on newly acquired evidence, or other facts, not entirely used for the neglect charge.

In that way, she could be charged with murder while serving the time on the "Neglect" charge.


IIRC, there was prior discussion with Atty JB about the fact that Florida law bars a second charge from being brought from identical facts, when it could have been brought or charged along with the charge that stands. It seems though that this argument (which is different from the Double Jeopardy claim),
assumes there are no new facts to offer in the event murder is charged.

I can't see any Court upholding that argument....

This is just my opinion from newbie-ville...

 

[Betty Boop]

It takes time to cross those T's and dot those I's.

Besides, think of all those Lifetime TV movies where the perp sits down to dinner one day lookin' all happy cause they fooled everybody. Then POOF! here comes the cops.:laugh:

:liar::woohoo::bang::truce::loser:

 

[Jolynna]

IMO, I do think Casey drugged Caylee and left her in the car. Despite the evidence of the dogs hitting in the yard, I think the detectives want to make sure that someone else didn't get to Caylee when Casey left her to go partying, etc. There is still the possibility that someone assaulted Caylee and murdered her after Casey left her in the car? Just an inquiry.

That you consider this a possibility shows why every avenue must be pursued.

The state only gets one chance to make their case.

Is your scenario possible? If not, why not?

Obviously there is a body still out that may prove or disprove whether or not Casey did it. Maybe there is one more witness or a video yet to be found? Every i needs to be dotted and t crossed.

Why should Anthony family & lawyering drama dictate the investigation?

IMO

 

[TotallyObsessed]

I have a question. I have worked in the legal field for 30 years, but on the civil not criminal side.

Why can't LE question CA? I know since she has now been charged with a crime (or many crimes) they cannot question her without her attorney. But why can't they question her on a homicide investigation? You mean to tell me that if they had only charged her in the beginning with "forgery", they could not ask any questions about her missing daughter? That is just crazy to me. Haul her in for direct questioning.

 

[concentric]

That you consider this a possibility shows why every avenue must be pursued.

The state only gets one chance to make their case.

Is your scenario possible? If not, why not?

Obviously there is a body still out that may prove or disprove whether or not Casey did it. Maybe there is one more witness or a video yet to be found? Every i needs to be dotted and t crossed.

Why should Anthony family & lawyering drama dictate the investigation?

IMO

Why should Anthony family & lawyering drama dictate the investigation?

EXACTLY, and thank you. I also think that LE is trying to stay on the straight and narrow and not allow the "hyperbolics" to contaminate their investigation.

 

[pb6656]

A body will help with cause of death. Having more facts can help establish a motive. Although a motive is not required, most juries would rather have one. They want a conviction in this case and they are willing to take the time to make sure it's done right.

 

[SeriouslySearching]

While they have connected the car to Caylee's death, they have to connect CA to the car and Caylee at the time of her murder. Without this, they don't have a strong enough case. They are still looking for such evidence, imo. Finding the body could do this, but there are other ways to prove she murdered Caylee.

 

[jbar]

I don't have the link, but I think I read it on wftv or wesh - and I did post it here... but LE said that there will not be charges of this nature until they can prove probable cause.

They have a solid case to prove the death of Caylee - but not to prove the how's, why's and who's. Yet.

 

[amethyst221]

I have a question. I have worked in the legal field for 30 years, but on the civil not criminal side.

Why can't LE question CA? I know since she has now been charged with a crime (or many crimes) they cannot question her without her attorney. But why can't they question her on a homicide investigation? You mean to tell me that if they had only charged her in the beginning with "forgery", they could not ask any questions about her missing daughter? That is just crazy to me. Haul her in for direct questioning.

We all have a constitutional right not to incriminate ourselves, or give evidence against ourselves. Just like on TV, when people rely on the 5th amendment to invoke their right to remain silent. The state has to prove it's case without making you help. Of course, they can use anything you do say against you, like Casey's statements before she was in custody or asked for a lawyer. It only applies in criminal cases, big or small, where the state has the power to deprive you of your life and liberty. In a civil case, where private litigants are involved, there is no threat of the state putting you in jail, etc. If you refuse to participate and answer proper questions, inferences can be drawn against you from your silence. It can be a lot more complicated, but I tried to put this in a lay person friendly form. Any help?

 

[SUR]

From what I understand, if they charge her with murder, the defense can request a "speedy trial" which would put pressure on the prosecutors to come up with evidence very quickly. Right now the prosecutors may or may not have enough to convict her of murder. If they don't, and they go to trial and the defense wins....she cannont be convicted of the same offense even if the prosecutors find out something later...which would be considered "double jeopardy". So, the prosecutors have to be carefull of rushing to trial without enough solid evidence. That's what I understand about murder cases. Hope this makes sense.

Well if the prosecution doesn't have enough evidence surely all the "sources" leaks, Nancy Grace, Padilla, Fuhrman and protesters do.

 

[EtherealGirl]

This is my first post, I have been lurking and reading and of course, following the news.

I believe they have all they need to arrest her now for murder, but are choosing not to for various reasons.

I think they know Casey is guilty but are waiting as long as they can (especially now that they know she is not a flight risk) to gather even MORE evidence on her.

Also, there is a limit in time after she is formally arrested for murder before he must go to trial. Right now there is no rush because there is no statute of limitations on murder, they could wait years and still be able to get her. So why hurry and perhaps miss something along they way that will help put her where she belongs for the rest of her life?

I also believe they are bidding their time because of Cindy, I really think they are giving her just enough rope to finish hanging herself with, because of her involvement and reluctance to help find Caylee.

And of course this is just my opinion and I am no expert.

 

[Firefly]

The LE needs IRONCLAD evidence to charge her with murder. They have to sift through the lies, the spin, the missing Caylee. They have the burden of proof to convict her. In time someone is going to crack, Caylee will be found, solid evidence will come to light and they will slam the Jail door on Casey once and for all. They DO NOT want any chance for defense to rip into their evidence if it is circumstational.

 

[Firefly]

She needs time to get her hair and nails done. ho hum...
LE should really do something to stop her from returning to that unsafe house. Don't ya think?

Now that I remember LP making this comment about her getting to get back to normal and thinking why we should let her go do this while her child was missing. LP is brillant!!! All these comments painted a picture of Casey as someone who WOULD TAKE ADVANTAGE of this opportunity and show the world what guiltless person she is. The make up on that second mug shot attested to how much she WASN'T crying about her predicament or that Caylee has been stolen from her. Me, my eyes would be swollen shut with grief for all reasons.....oh, oh, yeah....I have a conscience.

 

[BeanE]

I agree it's the speedy trial issue. They know where she is, and she can't go anywhere, so they don't have that to deal with.

They're got Tim (TES) searching for Caylee's body. I think they want to see what he can come up with within the next few weeks, and that then the prosecutor will re-assess.

 

[EastSideOfSaddness]

I'm curious as to when everyone thinks Casey will be arrested on murder charges or if she'll be charged at all. My gut is that she'll be arrested by the end of October. Do you think she'll be charged? If so when? If not, why?

 

[irishbosoxfan]

Everyone seems to be saying the reason is for "double jeopardy" and "speedy trial" and wanting the body but honestly I don't believe it is any of that.

Reasonable Doubt

Two words but mighty powerful--LE could go forward now with a murder charge but they need to make sure their azzes are covered backwards forwards and 3 ways to Sunday

They could get a conviction based on the evidence they have now but they need to make sure they have investigated every detail they have and every thought that pops into their head

I think they are making sure noone else is involved--making sure that KC is the only person responsible for what happened to Caylee--because if they don't and JB starts talking about so and so at the trial and it starts niggling at the jurors and they start thinking "she had to have had help" then !poof! there goes Murder 1.

LE has had a long road to go down with many twists and turns and people giving them the wrong directions--heck think about us here--1000's of people mulling over this case and we get confused--When they have all that they need or all that they're going to get we will be cheering their efforts on!

 

[DAWN TREADER]

Excerpt:

"Well, Florida has laws on the books like that," Beary said. "I think before anybody does anything, the state attorney, the sheriff's office, the Florida Department of Law Enforcement and the FBI will make sure that if that is the scenario, we will have all our ducks in a row for a good solid case."

The sheriff also said that he is hopeful that the case will come to a close before he leaves office in less than three months.

http://www.local6.com/news/17624281/detail.html

 

[cara8959]

Could it be they are doing just a very thorough investigation and want to decide what DEGREE of murder to charge her with?

 

[Brini]

It's WAY past tense. But, I think we need to be patient. The most important thing is that all the ducks be in a row, with their "i"s dotted and "t"s crossed.

I just wish I know what the word "patience" means! :-(

 

[Baznme]

Excerpt:

"Well, Florida has laws on the books like that," Beary said. "I think before anybody does anything, the state attorney, the sheriff's office, the Florida Department of Law Enforcement and the FBI will make sure that if that is the scenario, we will have all our ducks in a row for a good solid case."

The sheriff also said that he is hopeful that the case will come to a close before he leaves office in less than three months.

http://www.local6.com/news/17624281/detail.html

TES is expected to be back in town by the end of next week. The search areas have been narrowed down somewhat so hopefully they will be able to locate where this little body is. If they have that, there will be a period of time for autopsy and then BAM.......the charges will come down. I can't imagine anyone is more anxious than LE at this point to be able to have Caylee found so they can get on with it.