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Old 08-08-2011, 09:26 AM
 
9,569 posts, read 4,895,256 times
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Quote:
Originally Posted by annerk View Post
She lied, and was convicted of lying. Sorry, on those charges yes I would absolutely have found her guilty.

I disagree with your opinion, and obviously so did the jury.
Obviously the jury disagreed.

You wrote--- "If the charge had been ... based on Casey not properly supervising her child for 31 days, I would have convicted without a second thought." For whatever reason, emotion, not wanting Casey to spend more time in prison, the sake of disagreeing, you've had 2nd thoughts.

Obviously, if you'd have convicted her of child neglect for failure to supervise Caylee for those 31 days, you Must convict for child abuse because she Also committed intentional acts that could reasonably be expected to result in physical or mental injury to Caylee.

Too many dots ?
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Old 08-08-2011, 09:30 AM
 
Location: Whoville....
25,393 posts, read 30,818,557 times
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Quote:
Originally Posted by jazzarama View Post
Obviously the jury disagreed.

You wrote--- "If the charge had been ... based on Casey not properly supervising her child for 31 days, I would have convicted without a second thought." For whatever reason, emotion, not wanting Casey to spend more time in prison, the sake of disagreeing, you've had 2nd thoughts.

Obviously, if you'd have convicted her of child neglect for failure to supervise Caylee for those 31 days, you Must convict for child abuse because she Also committed intentional acts that could reasonably be expected to result in physical or mental injury to Caylee.

Too many dots ?
I'm still scratching my head as to why there wasn't a child neglect charge in there. IF her child was missing, she had no idea whether or not she was being cared for properly and didn't care. IF her child drowned in a pool, obviously, she was not being watched properly. Works either way.
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Old 08-08-2011, 11:06 AM
 
Location: Tampa (by way of Omaha)
13,930 posts, read 19,212,633 times
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Quote:
Originally Posted by mag32gie View Post
I might want to make sure I can actually PROVE those accusations???
before I start flinging them around?
Now I can identify with George and his "That is very funny" statements!
I am not standing up on national television accusing 2 people of being a child molester with no PROOF but I should have proof to say he is a liar?
Talk about somebody "flinging" things around.

This jury was lied to and there is no way they could have come up with a TRUE verdict because they actually tried to play by the rules.
YOU ARE NOT SUPPOSE TO LIE IN A COURT OF LAW.
Do you actually stop and read posts you respond to? Let's try this again.

Quote:
That's a very serious accusation there as if Baez presented that scenario knowing it was a lie then he broke major ethics rules that could result in him being disbarred.
You're accusing a lawyer of a very serious ethics violation based off of an assumption that is impossible for you to know is true unless you somehow managed to sit in on their highly confidential meetings.

Not real smart.

Quote:
Originally Posted by Ivorytickler View Post
IF her child drowned in a pool, obviously, she was not being watched properly. Works either way.
Not necessarily. It's not a black and white issue there and even then it would be a tough charge. For instance, one of the determining factors in whether to bring charges in an accidental death is whether negligence was committed...say like having an unsecured pool area. Since it was George and Cindy's home, charging Casey with that negligence would be quickly tossed out.
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Old 08-08-2011, 05:13 PM
 
Location: Whoville....
25,393 posts, read 30,818,557 times
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Quote:
Originally Posted by Bosco55David View Post
Do you actually stop and read posts you respond to? Let's try this again.

You're accusing a lawyer of a very serious ethics violation based off of an assumption that is impossible for you to know is true unless you somehow managed to sit in on their highly confidential meetings.

Not real smart.



Not necessarily. It's not a black and white issue there and even then it would be a tough charge. For instance, one of the determining factors in whether to bring charges in an accidental death is whether negligence was committed...say like having an unsecured pool area. Since it was George and Cindy's home, charging Casey with that negligence would be quickly tossed out.
No. A parent is responsible for monitoring their child's safety no matter where they are. I don't believe for one second she accidentally drowned. When that happens, mothers call 911. Casey doesn't act like a mother who accidentally lost a child. At the very least, she'd have to come up with some story about how the Caylee died and she'd, likely, get caught in her lies.
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Old 08-09-2011, 01:43 AM
 
Location: Tampa (by way of Omaha)
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Quote:
Originally Posted by Ivorytickler View Post
No. A parent is responsible for monitoring their child's safety no matter where they are.
That is a separate issue. The security of the pool area is the responsibility of the home owner, and when that security is lacking the home owner can be charged if someone drowns in the pool.

As for charging Casey, that would quite literally be a waste of time as at worst she would be guilty of simple. (not gross) negligence. The lack of gross negligence precluded it from being rolled into any of the charges she was already facing.

Quote:
Prosecutors in Florida often abandon child neglect and abuse charges because the burden of proof has been set high by the appellate courts. The dropped charges are a constant source of frustration for law enforcement officers.

Criminal charges rooted in cases of so-called "simple neglect," where a person shows a temporary lapse of sound judgment, have been deemed unconstitutional. The appellate courts have shown a preference toward resolving abuse and neglect allegations in family court, not in the criminal arena.
Child neglect charges are often tough to prove | HeraldTribune.com

Quote:
Dear Judge Eaton: In the case of an accidental drowning, how much time are parents sentenced to in the state of Florida? I am curious as I can't imagine they would be charged, much less convicted, unless negligence was proven, and even then, is jail time normal? -- Kate, Bridgewater, Mass.

The leading case involving the accidental drowning of a toddler in a swimming pool was decided by the Court of Criminal Appeals of Tennessee in 1990. In that case, the court ruled that momentary inattention by a parent resulting in an accidental drowning is simple negligence and not gross negligence as is required for manslaughter. I presided over such a case several years ago and entered a judgment of acquittal at the end of the state’s case. It seems as though a child drowns almost every week in Florida. These tragic deaths could be prevented by restricting the access young children have to pool areas and by better parental supervision. -- Judge O.H. Eaton
http://www.wesh.com/casey-anthony-ex...00/detail.html

Quote:
At the very least, she'd have to come up with some story about how the Caylee died and she'd, likely, get caught in her lies.
You assume that she would take the stand, which I guarantee you her defense team would not allow.
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Old 08-09-2011, 05:06 AM
 
Location: Whoville....
25,393 posts, read 30,818,557 times
Reputation: 14584
Quote:
Originally Posted by Bosco55David View Post
That is a separate issue. The security of the pool area is the responsibility of the home owner, and when that security is lacking the home owner can be charged if someone drowns in the pool.

As for charging Casey, that would quite literally be a waste of time as at worst she would be guilty of simple. (not gross) negligence. The lack of gross negligence precluded it from being rolled into any of the charges she was already facing.



Child neglect charges are often tough to prove | HeraldTribune.com



Ask The Judge: Defense Team, Lesser Charges - Casey Anthony Extended Coverage News Story - WESH Orlando

You assume that she would take the stand, which I guarantee you her defense team would not allow.
No, I assume she'd have to defend herself against the charge whether she took the stand or not. She'd try to throw her parents under the bus. Hopefully, they would defend themselves. Perhaps even deny that Caylee even drowned at all to save themselves. Plus, improper disposal of the body is also a criminal offense.

I agree it's not worth it now. I just don't understand why there wasn't something like this before.
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Old 08-09-2011, 05:41 AM
 
Location: Tampa (by way of Omaha)
13,930 posts, read 19,212,633 times
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If it came to that, I'm sure the defense would play it conservative knowing that the state would have (and be unable to most likely) to prove gross negligence to get any worth while charge.

As for why she didn't get charged, it was probably a combination of the very arrogant prosecutors and the fact that they got blind sided by the drowning admission.
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Old 08-09-2011, 05:49 AM
 
9,569 posts, read 4,895,256 times
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Quote:
Originally Posted by Ivorytickler View Post
No, I assume she'd have to defend herself against the charge whether she took the stand or not. She'd try to throw her parents under the bus. Hopefully, they would defend themselves. Perhaps even deny that Caylee even drowned at all to save themselves. Plus, improper disposal of the body is also a criminal offense.

I agree it's not worth it now. I just don't understand why there wasn't something like this before.
"Prosecutors and crime scene investigators are beginning to build stronger cases against caregivers at child drownings" but in this case, where the drowning story was a surprise and George denied it happened, I doubt she'd have been convicted.

Caregivers in Florida child drowning cases may find less compassion ? and a greater threat of prosecution - Sun Sentinel

Child abuse was a reasonable charge, one the jury should have convicted her of.
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Old 08-09-2011, 04:23 PM
 
Location: Tampa (by way of Omaha)
13,930 posts, read 19,212,633 times
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Quote:
Originally Posted by jazzarama View Post
Child abuse was a reasonable charge, one the jury should have convicted her of.
Hard to convict her on something she wasn't charged with.
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Old 08-09-2011, 05:58 PM
 
9,569 posts, read 4,895,256 times
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Quote:
Originally Posted by Bosco55David View Post
Hard to convict her on something she wasn't charged with.
You and probably the jurors didn't read far enough down in the jury instructions to reach the Child Abuse charge--- it's between ATTEMPT TO COMMIT CRIME and PLEA OF NOT GUILTY; REASONABLE DOUBT; AND BURDEN OF PROOF.
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