Surprisingly State Attorney Linda Drane Burdick reported to Judge Perry last week that the State of Florida will rest their case Friday, June 10th, tentatively. I’m not in total agreement with her prediction but I assume it’s possible if Jeff Ashton is hogtied to his seat and gagged, there’s a good chance that this case will carry on swimmingly without his constant interruptions which are time consuming and uncalled for. In my opinion, Jeff Ashton hasn’t brought much to the table in helping Linda Drane Burdick. I’d say he’s more of a nuisance and a good source of entertainment if this was Saturday night’s SNL.
In my last post I posed the question “who killed Caylee”. After about 9 days of testimony all I’ve learned is that Casey is a liar. I learned that she isn’t very law savvy and she doesn’t know when it’s best to keep her mouth shut. If she had a shard of knowledge of the law she would have asked for a lawyer once she was sure that lead detective Yuri Melich knew she didn’t work for Universal Studios. We also heard testimony as to the evidence of a trash bag found in the trunk, its contents and how it properly changed hands. A few experts chimed in with little persuasive information but nothing that I recall as bombshell testimony.
If the trial continues on this useless path and we don’t know beyond a reasonable doubt that it was Caylee Anthony’s villainous, evil mother Casey Anthony who indeed is the murderer then perhaps we should brood over the other charges on the menu.
Casey Anthony Indictments A La Carte
Casey Anthony is charged with first-degree murder, aggravated child abuse, aggravated manslaughter of a child and four (4) counts of providing false information to police.
Here’s an informative article I found while searching..
http://backseatlawyer.blogspot.com/2011/06/casey-anthony-trial-here-is-what-state.html
Florida Prosecutors Burden: What They Must Prove With Admitted Evidence To Win Their Case
The Florida Supreme Court’s website includes the current jury instructions that are to be used in Florida criminal trials. From these instructions you can find each prong of the case, or element of the crime, that must be shown by the reasonable doubt standard. Just surf through.
You can read the section under Homicide and get an idea of the prosecution’s duty here, it’s in somewhat of an outline format but easy enough for following along with the current proceedings.
Search the Florida Supreme Court’s instructions to find First Degree Murder as well as Aggravated Manslaughter of a Child: Florida Supreme Court – Jury Instructions.
For First Degree Murder, for example, you will find:
“There are two ways in which a person may be convicted of first degree murder. One is known as premeditated murder and the other is known as felony murder.
“To prove the crime of First Degree Premeditated Murder, the State must prove the following three elements beyond a reasonable doubt:
“1. (Victim) is dead. (State will have to put in evidence that Caylee Marie Anthony is dead.)
“2. The death was caused by the criminal act of (defendant). (State will have to put in evidence that Casey caused Caylee’s death and this was by a criminal act.)
“3. There was a premeditated killing of (victim). (State will have to put in evidence that this was premeditated.)
“Definitions.
“An “act” includes a series of related actions arising from and performed pursuant to a single design or purpose.
“Killing with premeditation” is killing after consciously deciding to do so. The decision must be present in the mind at the time of the killing. The law does not fix the exact period of time that must pass between the formation of the premeditated intent to kill and the killing. The period of time must be long enough to allow reflection by the defendant. The premeditated intent to kill must be formed before the killing. The question of premeditation is a question of fact to be determined by you from the evidence. It will be sufficient proof of premeditation if the circumstances of the killing and the conduct of the accused convince you beyond a reasonable doubt of the existence of premeditation at the time of the killing. ”
What are jury instructions?Jury instructions take the actual statutes and place them into a format for the jury to use in their deliberations, as they assess the evidence presented to them. There is a charge conference between the lawyers and the judge (at least that’s what we do here in Texas), where the jury instructions are debated by the lawyers and after arguments, finalized by the judge. The charge will include the instuctions as well as question like you hear on Law n Order all the time: “how do you find” type of thing.
For example, here is the Florida statute for murder which can result in a life sentence or the death penalty which you can see dovetailed into the Jury Instructions for Homicide (above):
Florida Statutes 782.04Murder.—
The unlawful killing of a (1)(a) human being:
When perpetrated from a premeditated design to effect the 1. death of the person killed or any human being;
When committed by a person 2. engaged in the perpetration of, or in the attempt to perpetrate, any:
Trafficking offense prohibited by s. a. 893.135(1),
Arson, b.
Sexual c. battery,
Robbery, d.
Burglary, e.
Kidnapping, f.
Escape, g.
Aggravated h. child abuse,
Aggravated abuse of an elderly person or disabled i. adult,
Aircraft piracy, j.
Unlawful throwing, placing, or discharging k. of a destructive device or bomb,
Carjacking, l.
Home-invasion m. robbery,
Aggravated stalking, n.
Murder of another human o. being,
Resisting an officer with violence to his or her p. person,
Felony that is an act of terrorism or is in furtherance of an act q. of terrorism; or
Which resulted from the unlawful distribution of any 3. substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., opium or any synthetic or natural salt, compound, derivative, or preparation of opium, or methadone by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.
In all cases under this section, the procedure set (b) forth in s. 921.141 shall be followed in order to determine sentence of death or life imprisonment. (emphasis added)
The unlawful killing of a human (2) being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
When a person is killed in the perpetration of, or in the (3) attempt to perpetrate, any:
Trafficking offense prohibited by s. (a) 893.135(1),
Arson, (b)
Sexual (c) battery,
Robbery, (d)
Burglary, (e)
Kidnapping, (f)
Escape, (g)
Aggravated (h) child abuse,
Aggravated abuse of an elderly person or disabled (i) adult,
Aircraft piracy, (j)
Unlawful throwing, placing, or discharging (k) of a destructive device or bomb,
Carjacking, (l)
Home-invasion (m) robbery,
Aggravated stalking, (n)
Murder of another human (o) being,
Resisting an officer with violence to his or her person, (p) or
Felony that is an act of terrorism or is in furtherance of an act of (q) terrorism,by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony is guilty of murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
The unlawful killing of a human being, when perpetrated without (4) any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any:
Trafficking offense (a) prohibited by s. 893.135(1),
Arson, (b)
Sexual (c) battery,
Robbery, (d)
Burglary, (e)
Kidnapping, (f)
Escape, (g)
Aggravated (h) child abuse,
Aggravated abuse of an elderly person or disabled (i) adult,
Aircraft piracy, (j)
Unlawful throwing, placing, or discharging (k) of a destructive device or bomb,
Unlawful distribution of any substance (l) controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,
Carjacking, (m)
Home-invasion robbery, (n)
Aggravated (o) stalking,
Murder of another human being, (p)
Resisting an officer with (q) violence to his or her person, or
Felony that is an act of terrorism or (r) is in furtherance of an act of terrorism,is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
As used in this section, the term (5) “terrorism” means an activity that:
Involves a violent act or an act (a)1. dangerous to human life which is a violation of the criminal laws of this state or of the United States; or
Involves a violation of s. 815.06; 2. and
Is intended to: (b)
Intimidate, injure, or coerce a civilian 1. population;
Influence the policy of a government by intimidation or 2. coercion; or
Affect the conduct of government through destruction of 3. property, assassination, murder, kidnapping, or aircraft piracy.
History.—s. 2, ch. 1637, 1868; RS 2380; GS 3205; RGS 5035; s. 1, ch. 8470, 1921; CGL 7137; s. 1, ch. 28023, 1953; s. 712, ch. 71-136; s. 3, ch. 72-724; s. 14, ch. 74-383; s. 6, ch. 75-298; s. 1, ch. 76-141; s. 290, ch. 79-400; s. 1, ch. 82-4; s. 1, ch. 82-69; s. 1, ch. 84-16; s. 6, ch. 87-243; ss. 2, 4, ch. 89-281; s. 4, ch. 90-112; s. 3, ch. 93-212; s. 11, ch. 95-195; s. 18, ch. 96-322; s. 1, ch. 98-417; s. 10, ch. 99-188; s. 16, ch. 2000-320; s. 2, ch. 2001-236; s. 2, ch. 2001-357; s. 1, ch. 2002-212; s. 12, ch. 2005-128; s. 1, ch. 2010-121.
16.1 AGGRAVATED CHILD ABUSE
§ 827.03(2), Fla.Stat.
To prove the crime of Aggravated Child Abuse, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant)
Give as applicable.
a. committed aggravated battery upon (victim)
b. willfully tortured (victim).
c. maliciously punished (victim).
d. willfully and unlawfully caged (victim).
e. knowingly or willfully committed child abuse upon (victim) and in so doing caused great bodily harm, permanent disability, or permanent disfigurement.
2. (Victim) was under the age of 18 years.
Definitions. Give as applicable.
In order to prove that an aggravated battery was committed, the State must prove the following:
1. (Defendant) intentionally
Give as applicable.
a. touched or struck (victim) against the will of (victim).
b. caused bodily harm to (victim).
2. In so doing, (defendant) intentionally or knowingly caused [great bodily harm] [permanent disability] [permanent disfigurement] or [used a deadly weapon].
A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm.
“Willfully” means knowingly, intentionally, and purposely.
“Maliciously” means wrongfully, intentionally, and without legal justification or excuse. Maliciousness may be established by circumstances from which one could conclude that a reasonable parent would not have engaged in the damaging acts toward the child for any valid reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury.
Give in all cases if 1(e) is alleged.
“Child Abuse” means [the intentional infliction of physical or mental injury upon a child] [an intentional act that could reasonably be expected to result in physical or mental injury to a child] [active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child].
Lesser Included Offenses
|
AGGRAVATED CHILD ABUSE — 827.03(2) |
|||
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
| None | |||
| Child abuse | 827.03(1) | 16.3 | |
| Battery; only under certain circumstances. See Kama v. State, 507 So.2d 154 (Fla. 2d DCA 1987) | 784.03 | 8.3 | |
| Attempt | 777.04(1) | 5.1 | |
ORANGE CIRCUIT CHIEF JUDGE PERRY TAKES OVER THE CASE
Judge Belvin Perry Jr., Strickland’s boss, had asked Strickland to take on the Caylee Anthony case in the beginning.
Now Judge Perry will preside over the trial and its hearings. He’s also the judge who presided over the Grand jury in Oct. 2008 which indicted Casey Anthony on first degree murder charges charges. He’s heard testimony from state’s witnesses, and is familiar with most of the aspects of this case.
Quote Judge Stan Strickland “the irony is rich”
~~~~~~~~~~
Sources:
http://backseatlawyer.blogspot.com/2011/06/casey-anthony-trial-here-is-what-state.html
http://blogs.discovery.com/criminal_report/2008/10/casey-anthonys.html
http://cmm.lefora.com/2010/04/22/caylee-anthony-casey-anthony-judge-strickland-with/
The JB Mission 