State reverses itself, will seek death in Casey Anthony case

[steven johnson]

Source: CNN

NEW YORK (CNN)
In a dramatic reversal, the Florida state attorney's office announced Monday it will seek the death penalty against Casey Anthony, the 23-year-old woman charged in the death of her 2-year-old daughter Caylee.

The state had previously said it would not ask for the death sentence for Anthony.

The development could have a major impact on how the case plays out at trial, including whether defense attorney Jose Baez can stay on the case.

Baez has not been certified by the court to defend capital punishment cases.



Read more: http://m.cnn.com/cnn/lt_ne/lt_ne/detail/284062

[Downtown Hound]

1. Killing her won't bring her child back. n/t

[msanthrope]

2. Baez has been too good an attorney--thus the death penalty

charge to get him off. He isn't capital crime certified.

[happyslug]

3. Remember the "Speedy Trial" rule, i.e. 180 days

Now the Defense can ask for a Continuances and that EXTENDS the 180 days (in most states), but any delays caused by the prosecution does NOT. One of the reason for the original OJ Simpson trial was so unorganized by the prosecution is they were NOT prepared to start within 180 days, but the defense was and thus the defense did NOT need to ask for any continuances. Could the Prosecution being looking at the same thing here? Thus switching to the Death Penalty is more an attempt to force the Defense to ask for a Continuance, to get a death penalty certified lawyer, then any other reason.

Now the Murder occurred in December, but when was she arrested? That is when the Speedy trial requirements starts. From what I seen on the net she was under arrest in February, but that article did NOT said when she was arrested. 180 days is only six months and the Court MAY not be able to Schedule the trial within the 180 days unless it is scheduled soon. Any defense motion for a Continuance to get a new lawyer STOPS the 180 days from running. Thus this may be a effort by the Prosecution to force the Defense to ask for a continuance so that the Prosecution can have more time to prepare.

Check Wikipedia, she was indicted on October 14, 2008, thus 180 days is April 14, 2008. Now any defense Continuances would have extended the 180 days, but as soon as those were ended, the 180 days would have started to run again. I suspect the prosecution wants more time to prepare their case and views a request for the Death Penalty they best way to get the Defense to agree to a continuance or force the defense to request one itself.
http://en.wikipedia.org/wiki/Caylee_Anthony_disappearance

One web site says it is 175 days in Florida:
http://www.criminaldefenseattorneytampa.com/FloridaDefenses/SpeedyTrial.aspx
http://research.lawyers.com/Florida/Criminal-Process-in-Florida.html

[2Design]

4. they turned this into a 3 ring circus - how many other children

have died but you would think this was the only one- it is on the news EVERY night - I can't help but think the death penalty is the wrong answer - the media has built the case and other people would show up to hate her - strangers - it is none of their business -

[Quantess]

8. Nancy Grace thinks this is the only criminal case in the whole country since June.

I don't know how she keeps her viewers interested in nothing but "WHERE'S CAYLEE" night after night, ad nauseum for 8 months, but apparently a lot of people are really hooked on this story.

[Dappleganger]

9. TOT MOM TOT MOM TOT MOM TOT MOM

sorry, just couldn't resist!

[2Design]

10. local channel same way and breaks in with breaking news to shows

and it is just more of this case - it is obsurd

[Dappleganger]

5. I don't believe in the death penalty.

It definitely won't bring back that sweet, innocent little girl.
But in this case I certainly wouldn't lift a finger to try and stop it.

[wisteria]

6. My feelings exactly. n/t

[Politicalboi]

7. This woman and her family

Have lied time after time. She killed her because she was jealous. I knew from the beginning when the dogs found a death scent that she was dead. Dogs don't make mistakes with that. They have no prejudice. They only know what they smell. She is trying to blame EVERYONE else except herself. And she probably wouldn't mind some else taking the needle for something she did. I have sympathy for her father George, he already lost Caylee and living with his wife Cindy, no wonder he attemped suicide. On this case I would have sympathy for George. My position on the death penalty is usually cut and dry but in this case I feel for George. No family should have to go to a parole hearings for the killer of their loved ones. But if they are willing and I'm sure they are then so be it. And I have no question on her guilt in this. She did do it.

[IndianaGreen]

11. As long as there is a death penalty on the books, the Anthony case is an appropriate one

for the maximum penalty.

[abelenkpe]

12. this story gets news coverage

because it is really tragic and twisted. I hope bringing the death penalty back into the case doesn't backfire for the prosecution and there can be justice for the little girl. Killing her mother won't bring her back. Allowing Casey to be free in our society seems dangerous. Life really would be the best outcome.