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Jose Baez going for insanity plea in the Casey Anthony case?

November 5, 2008

Terance Lenaman, a lawyer hired by Casey Anthony’s defense team gave the prosecution a 30 page report outlining why she should not get the death penalty today.  The documents attempt to explain why her case does not meet the state criteria for putting her to death.  It talks about Casey behaving erratically after Caylee’s birth and suggests that she showed signs of emotional and mental distress.  The report even included pictures of Casey as a child.  casey-anthony-baby-picture

casey-anthony-baby-picture-2The argument did not mention the baby sitter whom Anthony said she left Caylee with at an apartment complex before never seeing her again.  The argument is not a case strategy, Local 6 News reported, but rather only an attempt to get the death penalty option off the table.

“Casey Anthony is a unique individual. A close inspection of her case clearly supports not filing a notice seeking death,” Lenamon wrote in a report obtained by the Orlando Sentinel. He stated that she doesn’t have a criminal record or a history of abuse.  The crime wasn’t cold, calculated, and premeditated.  And in the months leading up to Caylee’s disappearance  her friends and familly said she was acting “erratic and not entirely rational.”

”In this case, no one knows how death might have happened, if at all,” stated the document, which was also obtained by Local 6 News. “If death did occur, the death was almost certainly a tragic accident.”

Anthony’s defense team also raises the possibility that Caylee may have been poisoned by chloroform, saying, “Death may have occurred while the child was sedated or from an unwitting overdose of a sedative.”

He used Andrea Yates and Susan Smith as examples.  These two women who murdered their children received life in prison as opposed to the death penalty.

Lenamon wrote that experts will likely agree that Anthony as “suffering from episodes of extreme emotional distress and disturbance since her daughter’s birth.” Even the lack of emotion after her child’s disappearance and arrest “is not normal,” he wrote.

“A careful consideration of the totality of the circumstances in this case leads to a clear conclusion that  filing a notice of the death penalty is not the right thing to do,” he wrote.

.The State Attorney’s Office would  not confirm whether it received the report, which is not public record.

This information was obtained from an article by Sarah Lundy for Orlando Sentinal, and from Local 6 Orlando New

You can read it here:,0,4621012.

and here:

This sure sounds like they are preparing a case for insanity.  It particularly sounds like they are going to try and prove postpartum psychosis. Does that mean they believe Caylee is dead and that Casey killed her?  What about the story that someone stole her?   Do they believe TES is going to find Caylee’s body this weekend, and they are changing their defense to “innocent by reason of insanity”?  I’ve wondered for a while now if that was the road they were headed down.   And frankly, if it turns out she’s not a sociopath, because of  all the bizarre, incomprehensible behaviors she’s exhibited–even before Caylee disappeared-I would tend to believe she was crazy.

5 Comments leave one →
  1. niecey456 permalink
    November 5, 2008 9:54 pm

    I just wanted to share this with you, it’s scary. I just looked up Andrea Yates, recently and she got Not Guilty by reason of insanity. She’s in a mental institution and will be regularly reviewed to see if she can be released.
    I truly hope Casey will not be found like Andrea Yates.
    If this link doesn’t work you can google Andrea Yates for this story. I’m having trouble with this one for some reason.

  2. niecey456 permalink
    November 5, 2008 9:54 pm

    Nevermind about google the link worked.

  3. itsamysterytome permalink*
    November 5, 2008 10:04 pm

    Me too, Niecey. I followed the Andrea Yates case and remembered being shocked that she could someday possibly be released.

    The thing about Andrea Yates–she had a real psychosis. The difference between her and Casey’s behavior–Andrea called her husband and told him what she did immediately after she drowned her kids in the bathtub. She had been deeply disturbed since the birth of her last child. Her family was so worried about her and the kids that her mother or his mother (can’t remember which) was coming and staying with her and the children during the day while her husband was at work. She was definitely mentally ill. She also showed extreme remorse for what she did and was on a suicide watch.

    BUT, I still don’t believe she should ever be released from jail.

  4. niecey456 permalink
    November 5, 2008 10:15 pm

    I don’t either, as everything I’ve read on mental illness, they still know right from wrong. I followed the case somewhat myself, it had just been a long time, so I went back for review. So sad that they didn’t Baker Act her before it came to that.

  5. demi50 permalink
    June 12, 2009 9:09 am

    Andrea Yates is a sick woman thru and thru , At least she gave plenty warnings long b4 that happened.. She knows that shew is sick or afficted by something evil.. Casey , on the other hand, is a liar thru and thru,, thats not insane just a compulsvive liar , Anyone demented enough to murder ones own child is evil, not insane.. theres a huge differance there, she had no reasons for doing what she did, she was pissed at life and her parents.. SPOILED BITCH doesnt mean insanity.

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