Caylee Marie Anthony #162 5/10/10 - 5/22/10

[Cappuccino]

Following yesterday's hearing, and Mr. Ashton's remarks regarding aggravating circumstances (BTW, Mr. Ashton is impressive IMO) I thought it might be interesting to look at what warrants aggravating circumstances in Florida and see if we can figure out which of those the state is applying in Casey's case.  I found Mr. Ashton's comments about the defense not being able to figure this out on their own rather amusing considering the massive amounts of evidence that has been disclosed to the defense.

Aggravating circumstances in Florida are defined as:

Florida-
(1)The murder was especially heinous, atrocious, cruel, or depraved (or involved torture)
(2) The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(3) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(4) The defendant committed the murder after substantial planning and premeditation
(5) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(6) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(7) The capital offense was committed to interfere with the lawful exercise of any government function or the enforcement of the laws
( The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(9) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(10)The defendant was a criminal street gang member
(11)The victim of the capital felony was a person less than 12 years of age
(12)The victim of the capital felony was particularly vulnerable due to disability, or because the defendant stood in a position of familial or custodial authority over the victim
(13) The victim was an elected or appointed official or former official of the federal government, or local or state government, and the killing intentionally prevented the victim’s official duties
(14)The defendant engaged in drug trafficking
(15)The defendant raped a child
(16)The capital felony was a homicide and was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification
(17)The capital felony was committed by a person designated as a sexual predator or a person previously designated as a sexual predator who had the sexual predator designation removed


I certainly think 1, 4, 11, 12, & 16 all applied at the time the state declared they would seek death.  # 8, although Casey's felony conviction applies now, it did not at the time the state decided to seek death.  Also, IF and it's a big IF, there is a life insurance policy that Casey would benefit from, then 5 may also apply.  Mr. Ashton alluded to 6 factors, so I'm thinking maybe number 5 is it since number 8 would not have applied at the time the state decided to seek death.

This is how the Florida Statute 921.141 Subsection (5) reads:

(5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances shall be limited to the following:

1(a)  The capital felony was committed by a person previously convicted of a felony and under sentence of imprisonment or placed on community control or on felony probation.

(b)  The defendant was previously convicted of another capital felony or of a felony involving the use or threat of violence to the person.

(c)  The defendant knowingly created a great risk of death to many persons.

(d)  The capital felony was committed while the defendant was engaged, or was an accomplice, in the commission of, or an attempt to commit, or flight after committing or attempting to commit, any: robbery; sexual battery; aggravated child abuse; abuse of an elderly person or disabled adult resulting in great bodily harm, permanent disability, or permanent disfigurement; arson; burglary; kidnapping; aircraft piracy; or unlawful throwing, placing, or discharging of a destructive device or bomb.

(e)  The capital felony was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.

(f)  The capital felony was committed for pecuniary gain.     It could be argued that Casey was attempting to cash in on a life insurance policy of Caylee's (discussion about having money in the bank to buy house while she didnt work, retainer to attorney again without having a job)

(g)  The capital felony was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.

(h)  The capital felony was especially heinous, atrocious, or cruel.   Duct tape, chloroform, trunk, dumping

(i)  The capital felony was a homicide and was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification.    EX: Previous computer searches, plans to take over parents house, tattoo referencing a beautiful life, gathering of items in advance

(j)  The victim of the capital felony was a law enforcement officer engaged in the performance of his or her official duties.

(k)  The victim of the capital felony was an elected or appointed public official engaged in the performance of his or her official duties if the motive for the capital felony was related, in whole or in part, to the victim's official capacity.

(l)  The victim of the capital felony was a person less than 12 years of age.     This is a given

(m)  The victim of the capital felony was particularly vulnerable due to advanced age or disability, or because the defendant stood in a position of familial or custodial authority over the victim.    I'm pretty sure this usually applies to the elderly & disabled so it may not apply

(n)  The capital felony was committed by a criminal gang member, as defined in s. 874.03.

(o)  The capital felony was committed by a person designated as a sexual predator pursuant to s. 775.21 or a person previously designated as a sexual predator who had the sexual predator designation removed.

Ashton actually stated that there were nine (9) factors that were obvious did not apply in this case, leaving the rest.   He was demonstrating that the defense was being disingenious with the Court as to not knowing what factors may be used by the prosecution as it is not that difficult to figure out given the discovery already in the defense's hands.

[monkalicious]

Hey, Monkeys!  Look at this pic of Cindy at yesterday's hearing...Is that a cell phone?  Is this allowed in court?

[Cappuccino]

http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2010/05/casey-anthony-television-sees-a-tough-day-for-casey-anthonys-defense.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+entertainment%2Ftv%2Ftvguy+%28TV+Guy%29


asey Anthony: Television sees a tough day for Casey Anthony’s defense
Caylee and Casey Anthony, Jose Baez, WESH, WFTV, WKMG, WOFL — posted by halboedeker on May, 11 2010 6:10 PM
Discuss This: Comments(113) | Add to del.icio.us | Digg it

How bad a day was it for Casey Anthony and her defense team?

The story was at the top of 5 p.m. newscasts on WFTV-Channel 9, WESH-Channel 2 and WOFL-Channel 35. And it was the top story at 6 p.m. on WFTV, WOFL and WKMG-Channel 6.


On WOFL, legal analyst Judge Andrew Napolitano said the state will have to explain more of its game plan because of one Perry ruling on a defense motion. “The government’s theory, thus far, seems to be that this was an accident gone horribly, horribly wrong,” Napolitano said. “That’s not a basis for the death penalty. The death penalty requires serious premeditation, plotting, planning and killing, almost execution style in a horrific and horrendous way. So the government’s going to have to lay out something more than she used chloroform to put the baby to sleep so she could go out and party.”
SNIPPED

Responding to my own post.....but the above has me scratching my head.  Judge Napolitano is so off base here. IMO it's a case of another person making a statement who doesn't know the case. I intend to contact WOFL and let them know how incorrect this is.  Stupid...............just stupid!!

He was talking from where he sits obviously because the State has NEVER even implied that was their theory...judging by the gripping description they gave quite a few hearings ago it is obvious they NEVER thought it possibly was an accident gone horribly wrong.   Judge Napolitano should know better than to say something this legally incorrect, even if Casey drugged or gave Caylee a toxic substance that is aggravated child abuse which is NOT considered "an accident" while, for example, negligently leaving medication where a child could reach or accidentally giving more than a prescribed medication to a child could be considered an accident.   Every time I hear attorneys (mainly defense oriented) speak of an "accident" involving drugs or a toxic substance it sends me to the roof!

[Cappuccino]

Hey, Monkeys!  Look at this pic of Cindy at yesterday's hearing...Is that a cell phone?  Is this allowed in court?

Yes, the Court's specific order is that cell phones be put on vibrating mode or shut off.

[monkalicious]

Hey, Monkeys!  Look at this pic of Cindy at yesterday's hearing...Is that a cell phone?  Is this allowed in court?

Yes, the Court's specific order is that cell phones be put on vibrating mode or shut off.

I was flipping throught the WFTV slideshow and came across this one.  Again, how come the A's get a pass on disobeying the court's dictates?
Oh, and just to be snarky, there is one pic of Cindy's hands where she is wearing her wedding ring and on her middle finger there appears to be a man's ring. Discord in AnthonyLand?

[mizjay]

Hey, Monkeys!  Look at this pic of Cindy at yesterday's hearing...Is that a cell phone?  Is this allowed in court?

Yes, the Court's specific order is that cell phones be put on vibrating mode or shut off.

This is a situation i just don't get. Bozo uses his phone in full view. He makes no pretense of hiding the fact that he lets kc view something on his regularly. Pictures show Spindy reading texts, so the order is that the phones are to be silent, not off. Still doesn't explain the accused being able to view and respond to whatever is being shown.

[TURBOTHINK]

http://www.examiner.com/examiner/x-33505-Nashville-Crime-Examiner~y2010m5d11-Casey-Anthony-defense-team-shows-desperation?cid=sharing_facebook:33505


Nashville Crime Examiner
Casey Anthony defense team shows desperation
May 11, 7:22 PMNashville Crime ExaminerLevi Page

Casey Anthony, the accused child murderer appeared in an Orlando court room today for a pretrial hearing. Anthony's toddler daughter's skeletal remains were found in December of 2008 by a meter reader. Now Anthony is facing the death penalty if convicted.

Today the accused child murderer and her team high profile defense attorneys tried again to save their client from the Florida death penalty. The defense is so desperate to save their client from the death penalty, they even played the gender card! Too bad Casey isn't black, because you bet they would have took out the race card and waived it around the court room. A la O.J. Simpson.

The defense pathetically argued that the only reason the Orange County District Attorney's office is seeking the death penalty against Anthony is because she is a woman. But the new no nonsense judge, Judge Belvin Perry rejected and denied the laughable motion filed by the defense, for obvious reasons: their argument makes no sense!

Casey Anthony is not facing the death penalty because of her gender. Anthony is facing the death penalty because she is a evil, cold blooded, conniving, heartless monster who most likely murdered her beautiful little daughter because she wanted to flaunt her body and party in nightclubs instead of caring for her child. Doesn't take a rocket scientist to figure that one out.

If anything Anthony's gender worked to her advantage. It wasn't until Caylee's skeletal remains were discovered that the state decided to seek the death penalty. Even though scientific evidence found in the trunk of Anthony's car revealed that she allowed her child's dead body to basically rot away in there.

To be perfectly blunt her daughters guts withered away in the hot Florida sun, while she swapped slobber with other females and danced around a stripper pole in various nightclubs. If a man acted in that absurd fashion and there was evidence of a rotting body in his car and his daughter was missing, the state wouldn't need a skeleton to throw the death penalty in the pot.

Anthony is a woman who never reported her child missing (she never reported it, it was her mother Cindy Anthony). Everytime this Jezebel opened her mouth she was lying, and in the trunk of her car were the decomposing guts of her toddler daughter! If this would have been a man, he would have been charged and facing the death penalty, no questions asked! As he should be.

But because Anthony is an attractive white woman with a high profile defense team, who along with her nutty parents used the media to allege that everyone from a fake Nanny, to Anthony's ex fiancée, to an alien from mars abducted Caylee (despite evidence showing the child was dead) she wasn't facing the death penalty.

Well guess what honey bun? When the skeletal remains were discovered not far from where you lived, with three layers of thick duct tape wrapped around the nose and mouth of your daughter, that is when you finally got your just deserts.

The defense team also requested that the prosecution make a full disclosure of the aggravating factors (reasons why the state is seeking the death penalty). An obvious stall tactic, but despite that the judge granted their request.

Hey, Baez and company: I'll do you a favor and lay it out for you.

It is considered an aggravating factor under the law when a child under the age of 12 is murdered. It is considered an aggravating factor when a custodial figure murders a child. It is considered an aggravating factor if the murder is cold, cruel and calculated. It is considered an aggravating factor if the murder is premeditated.

Caylee was a toddler. Casey was the mother (a pathetic excuse of one) of Caylee. Anytime a child is murdered it is cold, cruel and calculated. And finally  the searches for the death penalty, missing children, chloroform,  neck breaking BEFORE Caylee died proves premeditation.

If the defense is going to argue junk like this at trial, they better hope that the jury is a couple of tacos short of a Mexican platter, because you have to be in order to believe their BS.

Basically what the defense is doing, is wasting the money of the taxpayers of Florida by continuing their dog and pony show by playing the gender card, requesting the reasons why the prosecution is seeking the death penalty etc. Hopefully Judge Perry puts a stop to their pathetic circus act.

 

MY SENTIMENTS EXACTLY !!

[monkalicious]

http://www.wftv.com/slideshow/23516023/detail.html?taf
Here's the pic of the rings.  Hmmm.
IMG]http://i238.photobucket.com/albums/ff95/shamlin1/cindyanthony2.jpg[/IMG]

[monkalicious]

Or maybe not.  I have the hardest time posting pictures.  Grrr.

[monkalicious]

Hey, Sunny, great article by the Examiner.  With all the reading the defence is doing of the blogs, it would be nice if they took time out to read something like this.
 

[monkalicious]

Hey, Monkeys!  Look at this pic of Cindy at yesterday's hearing...Is that a cell phone?  Is this allowed in court?

Yes, the Court's specific order is that cell phones be put on vibrating mode or shut off.

This is a situation i just don't get. Bozo uses his phone in full view. He makes no pretense of hiding the fact that he lets kc view something on his regularly. Pictures show Spindy reading texts, so the order is that the phones are to be silent, not off. Still doesn't explain the accused being able to view and respond to whatever is being shown.

I don't get it either.  Do you think the Judge will crack down on this stuff?  I wish someone would do a 3 minute presentation, (just like Baez's oh-so professional one,) of the gum chewing, water swilling, phone talkin' Anthonys, and Screen Shot Baez's notebook, Casey's notepad, and the note passing guard, and play it at one of the hearings.

Cue song, "He's a rebel" by the Crystals
He's a rebel and he'll never ever be any good
He's a rebel and he'll never ever be understood
And just because he doesn't do what everybody else does
That's no reason why I can't give him all my love

[mizjay]

Hey, Monkeys!  Look at this pic of Cindy at yesterday's hearing...Is that a cell phone?  Is this allowed in court?

Yes, the Court's specific order is that cell phones be put on vibrating mode or shut off.

This is a situation i just don't get. Bozo uses his phone in full view. He makes no pretense of hiding the fact that he lets kc view something on his regularly. Pictures show Spindy reading texts, so the order is that the phones are to be silent, not off. Still doesn't explain the accused being able to view and respond to whatever is being shown.

I don't get it either.  Do you think the Judge will crack down on this stuff?  I wish someone would do a 3 minute presentation, (just like Baez's oh-so professional one,) of the gum chewing, water swilling, phone talkin' Anthonys, and Screen Shot Baez's notebook, Casey's notepad, and the note passing guard, and play it at one of the hearings.

Cue song, "He's a rebel" by the Crystals
He's a rebel and he'll never ever be any good
He's a rebel and he'll never ever be understood
And just because he doesn't do what everybody else does
That's no reason why I can't give him all my love

  Good theme song but he's already so in awe of himself, having a song might make his head explode!

I gotta say if we have been seeing all this ( not to mention the jail house concerns) and nobody in charge questions it, I guess it will be allowed. Seems like rules need to be updated to include all the ways communication is possible now. Phones, skype etc.

[Cappuccino]

http://www.cayleedaily.com/
Casey Anthony Defense Uses Bloggers As Strategy
05/12/10

      Does the Defense refuse to see that bloggers are incensed because during the 31 days Caylee was among the "missing",  Casey appeared to have cared less & was actually "out on the town" partying?    Whether or not she was "scantily clad" --[ that blue dress she wore with those boots surely was anything but scanty--lol ], is a moot point---nobody cares how Casey was dressed---Casey was not out looking for a kidnapped Caylee!!!

Nor was she the very night of the day Caylee most likely was murdered, as the Blockbuster surveillance tape exhibiting her arm & arm with her "flavor of the month" looking for murder movies to rent for their night of viewing and boinking.  To me, that indicates all the more that she was not upset, frantic or of the mind to be otherwise concerned where Caylee was.   Another thing, if she claims to have been afraid of the police & knew she could not return home without Caylee for fear of the inevitable wrath, then why wouldnt she have confided in her boyfriend that she obsessively hoped she would end up marrying (writing his last name with hers repetitively)?   Why wouldn't he be one of her "other resources?" (I have a real hard time relating her being a mother, albeit biologically true).

This monster killed Caylee to spite her mother, attempt to keep her latest husband material victim (who didnt necessarily want children at this point in his life & would prefer a son) as well as to gain her freedom back, it is just that simple.

[Puzzler]

http://www.examiner.com/examiner/x-33505-Nashville-Crime-Examiner~y2010m5d11-Casey-Anthony-defense-team-shows-desperation?cid=sharing_facebook:33505


Nashville Crime Examiner
Casey Anthony defense team shows desperation
May 11, 7:22 PMNashville Crime ExaminerLevi Page

Casey Anthony, the accused child murderer appeared in an Orlando court room today for a pretrial hearing. Anthony's toddler daughter's skeletal remains were found in December of 2008 by a meter reader. Now Anthony is facing the death penalty if convicted.

Today the accused child murderer and her team high profile defense attorneys tried again to save their client from the Florida death penalty. The defense is so desperate to save their client from the death penalty, they even played the gender card! Too bad Casey isn't black, because you bet they would have took out the race card and waived it around the court room. A la O.J. Simpson.

The defense pathetically argued that the only reason the Orange County District Attorney's office is seeking the death penalty against Anthony is because she is a woman. But the new no nonsense judge, Judge Belvin Perry rejected and denied the laughable motion filed by the defense, for obvious reasons: their argument makes no sense!

Casey Anthony is not facing the death penalty because of her gender. Anthony is facing the death penalty because she is a evil, cold blooded, conniving, heartless monster who most likely murdered her beautiful little daughter because she wanted to flaunt her body and party in nightclubs instead of caring for her child. Doesn't take a rocket scientist to figure that one out.

If anything Anthony's gender worked to her advantage. It wasn't until Caylee's skeletal remains were discovered that the state decided to seek the death penalty. Even though scientific evidence found in the trunk of Anthony's car revealed that she allowed her child's dead body to basically rot away in there.

To be perfectly blunt her daughters guts withered away in the hot Florida sun, while she swapped slobber with other females and danced around a stripper pole in various nightclubs. If a man acted in that absurd fashion and there was evidence of a rotting body in his car and his daughter was missing, the state wouldn't need a skeleton to throw the death penalty in the pot.

Anthony is a woman who never reported her child missing (she never reported it, it was her mother Cindy Anthony). Everytime this Jezebel opened her mouth she was lying, and in the trunk of her car were the decomposing guts of her toddler daughter! If this would have been a man, he would have been charged and facing the death penalty, no questions asked! As he should be.

But because Anthony is an attractive white woman with a high profile defense team, who along with her nutty parents used the media to allege that everyone from a fake Nanny, to Anthony's ex fiancée, to an alien from mars abducted Caylee (despite evidence showing the child was dead) she wasn't facing the death penalty.

Well guess what honey bun? When the skeletal remains were discovered not far from where you lived, with three layers of thick duct tape wrapped around the nose and mouth of your daughter, that is when you finally got your just deserts.

The defense team also requested that the prosecution make a full disclosure of the aggravating factors (reasons why the state is seeking the death penalty). An obvious stall tactic, but despite that the judge granted their request.

Hey, Baez and company: I'll do you a favor and lay it out for you.

It is considered an aggravating factor under the law when a child under the age of 12 is murdered. It is considered an aggravating factor when a custodial figure murders a child. It is considered an aggravating factor if the murder is cold, cruel and calculated. It is considered an aggravating factor if the murder is premeditated.

Caylee was a toddler. Casey was the mother (a pathetic excuse of one) of Caylee. Anytime a child is murdered it is cold, cruel and calculated. And finally  the searches for the death penalty, missing children, chloroform,  neck breaking BEFORE Caylee died proves premeditation.

If the defense is going to argue junk like this at trial, they better hope that the jury is a couple of tacos short of a Mexican platter, because you have to be in order to believe their BS.

Basically what the defense is doing, is wasting the money of the taxpayers of Florida by continuing their dog and pony show by playing the gender card, requesting the reasons why the prosecution is seeking the death penalty etc. Hopefully Judge Perry puts a stop to their pathetic circus act.

Here! Here!

[Curly]

http://www.wftv.com/slideshow/23516023/detail.html?taf
Here's the pic of the rings.  Hmmm.
IMG]http://i238.photobucket.com/albums/ff95/shamlin1/cindyanthony2.jpg[/IMG]

Not that easy to see but maybe it's George's wedding band?

[SunnyinTX]

I went back last evening and watched and listened to the raw video of BOZO after court yesterday............he was actually responding to the questions, not being the sarcastic ass that we know he is...................uuuuuuuuuummmmmmmmmmmmm  so IMO Mason gave him a very stiff talking to about how to work with the press.  I then went back and watched the video where he was being his normal self.........making demands of the press and when they wouldn't agree to his demands he walked away pouting, huffing and puffing......however Mason was talking to the press, walking in a normal way and not being an ass...and the expression on his face when BOZO was huffing and puffing, ranting and raving to KB was IMO pure disgust!!   
'

[Puzzler]

Hey, Monkeys!  Look at this pic of Cindy at yesterday's hearing...Is that a cell phone?  Is this allowed in court?

Yes, the Court's specific order is that cell phones be put on vibrating mode or shut off.

This is a situation i just don't get. Bozo uses his phone in full view. He makes no pretense of hiding the fact that he lets kc view something on his regularly. Pictures show Spindy reading texts, so the order is that the phones are to be silent, not off. Still doesn't explain the accused being able to view and respond to whatever is being shown.

Was this during the 10 minute break?  If so, can you use a cell phone during the break?

[trimmonthelake]

http://www.newsoxy.com/world/casey-anthony-13068.html
Casey Anthony Death Penalty
By: John Lester
Staff Writer
Published: May 12, 2010

Casey Anthony will face the death penalty. Casey Anthony attorney's wanted it off the table. She is accused of killing her 2-year-old daughter Caylee.

Chief Judge Belvin Perry made his ruling against Anthony at a hearing Tuesday in Orlando, Florida. Her attorneys argued that the prosecutors had a gender bias in seeking the death penalty. They also accused the prosecutors of putting on an expert witness who testified that a mother who is perceived as "deviant" by a jury faces a difficult time in defending herself against criminal charges.

Judge Picks Jurors

Judge Perry previously ruled that jurors in the trial will be picked from outside the Orlando area. This occurred after her attorneys argued that local area residents were tainted by negative media reports. She has pled not guilty to murdering Caylee and still claims that a babysitter kidnapped the toddler.

Caylee's Disappearance

Police found Anthony's explanation of Caylee's disappearance suspect after learning that the mother had not reported her daughter missing for more than a month. The last time she professed to have seen Caylee was on June 16, 2008, but the child's disappearance was not reported to police until July 15, 2008. On December 11, 2008, the skeletal remains of Caylee were found near her home by a meter reader and the autopsy report was listed as "homicide by undetermined means."

More News Articles

New British PM Cameron receives a call from President Obama. David Cameron was congratulated as the new British PM. Obama also told him of the great security and prosperity between the United States and Great Britain.

Airline Loses Dog and Canada couple are upset. Delta loses the dog but compensated the couple from Canada. Paco went from living on the beaches of Puerta Vallarta to Mexico City.

Pope & Biggest Threat is sin inside the church. It is the biggest threat to the Vatican according to Pope Benedict XVI. The vigor of the Roman Catholic Church's efforts to come to prevent future abuses will determine the sincerity of the statement.

[trimmonthelake]

http://law.rightpundits.com/?p=1598
  Casey Anthony Could Face Death Penalty
By Beth  05/12/10

[Cappuccino]

Another thing about the media, they are pretty much all reporting that Casey will still face the death penalty but they are remiss in mentioning that the defense has 11 known other motions relating to the death penalty waiting to be heard as announced yesterday.   Personally, I highly doubt any of these other attempts will be successful but the fact remains the fight is not over yet.   Additionally, once the State does spell it out for the defense regarding aggravating factors expect them to file more motions challenging each and every one of them, minus the fact that Caylee was indeed a child under the age of 12.    They are indeed looking for a mini trial by trying to get the State to lay the foundation as to why they are utilizing specific factors they feel apply in this case.   It is my view at the moment that CJBP will limit to what extent the State has to disclose why, the Order was to list the factors but said nothing to speaking to its justification.