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Defense team files new motions to dismiss the murder and child abuse charges against Casey Anthony

September 30, 2009

Casey Anthony’s defense team has filed new motions asking a judge to dismiss the murder and child abuse charges, and if not, to at the least block the state from seeking the death penalty against her.  They cite lack of physical evidence as the basis for their request.

Andrea Lyon and Jose Baez filed the motions.

“The circumstantial evidence in the case shows nothing more than a suspicion of Miss Anthony’s guilt,” the motion said. “The prosecution cannot prove how Caylee Anthony died, let alone that she was a victim of homicide.”

They say that the medical examiner who ruled the death a homicide by undetermined means found no trauma on Caylee’s body and no drugs in her system.

“Given the inflammatory media and extensive community involvement in this case, the prosecution is undoubtedly being pressured to convict Miss Anthony,” the motion stated. They feel the reason the prosecution is seeking the death penalty is because jurors will be more likely to convict.

“It’s motivation lies not in legitimately seeking justice, but in stacking the deck against Miss Anthony,” the motion said.

According to the defense, death penalty-qualified juries exclude people that say they could not vote to execute someone.  This makes those juries tougher on the defendant.

read it below:

clickorlando.com

motion to dismiss LINK

death penalty motion LINK

42 Comments leave one →
  1. Molly permalink
    September 30, 2009 8:25 pm

    Boohoo. poor miss anthony. if the deck is stacked against her, then that is what it is.

    We know she didn’t die of “natural” causes. not when found in a garbage bag with duct tape around her mouth in the woods.

    exactly, Molly!

  2. Laura permalink
    September 30, 2009 8:47 pm

    “Given the inflammatory media and extensive community involvement in this case, the prosecution is undoubtedly being pressured to convict Miss Anthony,” the motion stated.” That is why they should stop going on morning news shows and holding press conference. I believe the d.p. was put back on because the victim was 2 years old and the perp is her mother. That is pretty heinous.

    The state has acted in an exemplary manner. It’s the defense doing gyrations in the public arena stirring up the intense interest in this case. Actually, it’s Casey Anthony and her opportunist family that has garnered the the interest. And, yes, it’s what was done to Caylee that put the death penalty on the table.

  3. September 30, 2009 9:36 pm

    Hi girls….I guess Baez and Lyons haven’t been following big cases in the Past…..Like Scott Peterson..All they had to convict him was his lies and 2 dead bodies….They didn’t have how, when, where.
    How did that work out? Besides he had a very compitent lawyer..

    Hi lynn! Oh, I think they are aware that the majority of murder cases are tried on circumstantial evidence and circumstantial evidence alone. I mean, how many murder cases have actual witnesses or hard evidence? Not many. They’re just trying to create that elusive reasonable doubt.

  4. ostella permalink
    October 1, 2009 12:37 am

    The prosecution can’t prove Caylee was the victim of a homicide? Did I read that correctly? So 2 year olds accidentally duct tape their own mouths, crawl inside a laundry bag and 2 trash bags, and throw themselves in the Florida woods to rot for 6 months?

    Have they lost their minds?

    And if Caylee is alive and well in Puerto Rico, then whose child did the Anthonys cremate, and memorialize?

    And if the “remains” weren’t Caylee, and she’s been alive and the grandparents knew it, then why did the word “remains” offend George so much at the ZFG depo?

    The list of questions goes on and on. These people are so transparent. Ludicrous….

    worse yet, ostella. If they really honestly thought the remains found were not Caylee why on earth would they not be screaming it from the rooftop that some other family’s child had been found. Instead they cremate this “unidentified” child so that it can never be claimed by it’s “real” family.

    You know, the fact that they are still looking around for a live Caylee stirs up mixed emotions for me.
    1) they are either the most despicable horrid people ever if they know she’s dead and are trying to make people believe she is alive. or 2) they are the most pathetic pitiful people I’ve ever seen because they can’t accept the reality of it all. I think it’s the former not the latter.

  5. Jill from Western Australia permalink
    October 1, 2009 3:35 am

    Motions DENIED!

    Why did Rosebud scrub the trunk before calling 911?

    Lets hope the State doesn’t take 30 days to respond…we know that once they do Lyon & co will use their full 15 days … HURRY UP…some of us are not getting any younger :mrgreen:

    Hugs ♥♥♥

  6. October 1, 2009 6:30 am

    Good morning. These lawyers are going to try every trick in the bag. They know full well that this “mother” is a killer. The sad part is she is being given more time to live than her innocent child.

  7. mikka permalink
    October 1, 2009 7:36 am

    thats weird,why bozo dont want the manslaughter charges dropped???is bozo believing cma is a murder???

  8. mikka permalink
    October 1, 2009 7:40 am

    jill 😆

  9. Spacely permalink
    October 1, 2009 8:10 am

    Given the inflammatory behavior of the defendant by murdering her own child and throwing her in the woods to rot in a garbage bag and extensive public lying by all parties of the defense in this case, the prosecution is undoubtedly being pressured by their moral compasses and civic duty to convict Miss Anthony so that she will no longer walk the streets as a threat to the rest of society.

  10. Renee permalink
    October 1, 2009 8:27 am

    well said, Spacely!

  11. itsamysterytome permalink*
    October 1, 2009 9:42 am

    Hi–I answered the questions above Jill’s within the comment boxes. Sorry, got behind!

  12. itsamysterytome permalink*
    October 1, 2009 9:42 am

    Jill,

    There is only one reason on earth why she scrubbed the trunk. I can think of no other explanation for that one than she thought Caylee was dead and Casey killed her.

    I’m open to suggestions as to why else she might have done that. Anyone?

  13. itsamysterytome permalink*
    October 1, 2009 9:44 am

    Carol in Va–

    Yes, I agree. They are just doing their jobs—sort of–I think they are promoting themselves more than they are doing their jobs. There is no way they believe she is innocent.

  14. itsamysterytome permalink*
    October 1, 2009 9:52 am

    mikka–I think Lyons was brought on to get rid of the death penalty. That’s her “specialty.” She’s trying every which way she can to create a situation where the prosecution might take the lesser charge. I think they think the lesser charge is the best they can hope for. Even Richard Hornsby said he feels the prosecution will probably win on charges 2-7.
    1. 1st degree murder
    2. Aggravated child abuse
    3. Aggravated manslaughter of a child
    4. Providing false information to a law enforcement officer
    5. Providing false information to a law enforcement officer
    6. Providing false information to a law enforcement officer
    7. Providing false information to a law enforcement officer

    (see comments-
    https://itsamysterytome.wordpress.com/2009/09/16/can-circumstantial-evidence-convict-casey-anthony-yes-it-can/)

  15. itsamysterytome permalink*
    October 1, 2009 9:53 am

    I agree, Renee! VERY well-said Spacely!

  16. ostella permalink
    October 1, 2009 10:05 am

    I’m really deeply disturbed by the “she’s alive in Puerto Rico” argument, Mystery. Do they bother to think these things thru at all? They held a memorial for her, George claims to have “almost committed suicide” over it, they tried to milk public sympathy as the “grieving grandparents,” and to top it all off, they cremated her. And now they’re saying it was never really her. Do they remember these things? Do they expect the public to eat any mountain of excrement they put on the table? These people are so psychotic, so blackhearted and unbelievably void of conscience, it truly scares me. Their mentality is a threat to society. And that aint bashin, that’s the freakin TRUTH.

  17. mikka permalink
    October 1, 2009 10:07 am

    itsmysterytome,too bad lyons dont know the florida law,

    Pipitone rated the motions’ chances. He said the death-penalty motion had little success because prosecutors in Florida are given great leeway to seek death. And Pipitone said the prosecution could easily defeat the motion to defense by saying it does have enough evidence

  18. mikka permalink
    October 1, 2009 10:15 am

    desperate lawyers,have desperate motions! 😆

  19. itsamysterytome permalink*
    October 1, 2009 10:20 am

    ostella–Oh, I agree ostella. There is no defense for their behavior. I don’t believe for a minute that Cindy and George are that delusional. What amazes me is that there are people like Dominic Casey that are willing to help and even encourage their efforts. As far as I can tell, D. Casey hasn’t been paid a dime. What on earth is his motive in all this???

  20. itsamysterytome permalink*
    October 1, 2009 10:21 am

    mikka
    She either hasn’t bothered to study the laws in Florida or she just doesn’t care that she is filing all these nutty motions and wasting tax-payers money. She’s also clogging the court system. I would hate to be waiting for a court date in Orlando!

  21. itsamysterytome permalink*
    October 1, 2009 10:22 am

    mikka

    lol–sad but true, though!

  22. Spacely permalink
    October 1, 2009 10:34 am

    On the subject of Dominic Casey being paid, I saw a news commentary that stated that the contract between the Ants and Dominic that was included in the latest document dump is missing a page – the one that describes his compensation.

    So, the truth right now is that we have no idea how Dominic is being paid. It is extremely possible that he is being paid by the CMA foundation or has a cut of future media projects or maybe he even owns the Ants home by now. There is no way to tell.

    The only thing that is certain is that for someone who hints at being pro bono, Dominic has struggled mightily to keep any documentation of his pay arrangements from the public.

    you are right spacely. Page 2 is missing. But we can surmise some things from the information we have.

    contingency basis

    What does on a contingency basis mean? For attorneys it means they don’t get paid unless your case is won.

    The word contingent, according to the dictionary, means:

    a contingent event or condition: as a : an event (as an emergency) that may but is not certain to occur b : something liable to happen as an adjunct to or result of something else

    So being that Dominic Casey works for George and Cindy and they hired Dominic to a)find a live Caylee and b) protect them as the need arises, what could his “contingency basis” possibly refer to? hmmmm?

  23. ostella permalink
    October 1, 2009 10:37 am

    Is Dom on the board of CMA Foundation “headhonchos?”

    not that I know of, ostella.

  24. Spacely permalink
    October 1, 2009 10:41 am

    There is a legal strategy to filing multiple motions in a quick pattern in the midst of a media frenzy and it could potentially dimiss some of the charges against KC.

    By filing the motion, the defense sets into play a myriad of legal procedures. Part of these procedures involve a response from the state and a time limit as to when the response must be filed. So, in a normal case, it is entirely possible to file a motion that flies under the radar of the state due to poor case management and no response is filed. If no response if filed, the defense wins the motion by default.

    In this case, I doubt anything is going to fly under the radar due to the intense public scrutiny. However, it does create a large burden on the prosecution, who must shift their focus from preparing the case to replying to a multitude of motions.

    But one mistake and ABRACADABRA HOCUS POCUS POOF – the charges against KC dissappear…

    That’s a bit scary, Spacely.

  25. Spacely permalink
    October 1, 2009 10:41 am

    Dom is not on the board of CMA.

  26. Spacely permalink
    October 1, 2009 10:42 am

    Slight clarification – Dom may be in the pants of one of the board members of CMA… but not on the board himself…

    lol

  27. ostella permalink
    October 1, 2009 10:56 am

    Maybe that’s how he’s “gettin paid?” 🙂

    lololol

  28. Hilde permalink
    October 1, 2009 11:15 am

    The Reason Casey Anthony is sitting in Jail on Murder Charges awaiting Trial is
    that the State obviously has enough Evidence against Casey A. to go ahead with the Murder Trial whenever the time comes.
    It really doesn’t matter how many Motions the Defense is filing, I wouldn’t expect anything else from them, I guess that is their Job. However the Defense is going to far by to saying it can’t be proven that Caylee’s Death was a Homicide , EXCUSE ME, what Nonsense is that, that Statement is laughable at Best!
    Caylee Marie was murdered and dumped bagged in a Garbage Bag in the Woods where she laid till she was finally found 6 month later! I would say if that wasn’t Homicide what in the World is it than. That is just such a ridicules and ignored
    Remark, I am sure no Juror with any kind of common Sense will buy that.
    The Defense will twist and turn everything in this Case but in the End they won’t be able to come up with anything to show Casey Anthony didn’t kill her own Daughter!
    Lets not forget who the real Victim is in this Tragedy, it is and always has been
    Caylee Marie Anthony who wasn’t even 3 Years old yet when she was murdered.
    We All know why the Defense Team for Casey is doing what they are doing but
    contrary to all their Efforts, I am sure Casey Anthony will not be able to walk away from this if there is any Justice at All.
    Casey Anthony is rightfully in the Place she is now awaiting her Trial.
    I believe Justice will be served in this Case, the Evidence will show who committed that heinous Crime!
    Against the Defenses filed Motion to drop the Murder Charges, in my Opinion
    it won’t and can’t happen.
    I do feel for Judge Strickland he has his Work cut out for him, I do however
    believe he will make the right Rulings in All those Motions.

    very well said, Hilde. I hope you are right and the good guys win this one. Of course, there are no real winners, are there.

  29. Renee permalink
    October 1, 2009 11:59 am

    So if they are still looking for a alive Caylee, who’s ashes is Cindy suppossedly wearing around her neck? If it’s not Caylee, then who is it? Another missing and murdered child (that Casey snatched and murdered in their backyard perhaps). Remains (ashes) need to be turned in to OCSO immediately.

  30. Renee permalink
    October 1, 2009 12:02 pm

    Hilde, aggravated manslaughter carries a sentences up to 30 years, maybe more if it was a child under the age of 12 that was nurdered. So is the defense really gaining much? Ops, I forgot….they want to keep her breathing.

    Even if she got 30 years, unless they tack on “without possibility of parole”, she would only serve a portion of her sentence. She’s 23 now–she’d only be 53 if she served the full sentence. Not long enough in my book.

  31. mikka permalink
    October 1, 2009 2:49 pm

    from wesh 2 min ago

    http://www.wesh.com/video/21174128/index.html

  32. mikka permalink
    October 1, 2009 3:09 pm

    bozo filed his motions too late! 😆

    Thanks for the link, mikka. I just posted on it.

  33. mikka permalink
    October 1, 2009 3:12 pm

    conway better read this!

    http://www.wesh.com/news/21174580/detail.html

    good points and what we’ve been saying all along. You CAN win a case on circumstantial evidence. It’s common.

  34. Jill from Western Australia permalink
    October 1, 2009 11:36 pm

    Mikka 😆

    I was feeling very low until I read the 2 new links that you posted…cheered me up no end.

    You are our #1 Supersleuth :mrgreen: thankyou soooo much.

    Hugs ♥♥♥

    I second that e–motion! We love you mikka!

  35. Jill from Western Australia permalink
    October 2, 2009 3:05 am

    Richard Grunds comments on the docs…

    http://blogs.myspace.com/index.cfm?fuseaction=blog.view&friendId=85212505&blogId=512507741

    Worth reading

    Hugs ♥♥♥

  36. Jill from Western Australia permalink
    October 2, 2009 6:52 am

    Bozo & LKB on the morning show today…

    Made my shoelaces curl :mrgreen:

    Hugs ♥♥♥

  37. Spacely permalink
    October 2, 2009 7:51 am

    Jill, that video was disturbing to say the least.

    But I think Jose managed to give away that they have no hope other than to attempt a win in the media by stating when asked what is the truth that “the truth will come out at trial”. If there is truth that would prove that KC is innocent, why would anyone wait until trial to bring that truth forward? Why was it not brought forward to police at the beginning of the investigation?

    The truth will come out at trial. KC murdered her child. That is the truth. It will come out at trial.

  38. Diana permalink
    October 2, 2009 9:28 am

    So………They are making a completely innocent young woman sit in jail, while knowing the TRUTH will set her free????? I wish someone could interview these two idiots that has followed the case and could ask some questions such as that. Grrrrrrrrr

  39. itsamysterytome permalink*
    October 2, 2009 9:02 pm

    Hi–responded within the comment boxes above Jill’s comment.

  40. itsamysterytome permalink*
    October 2, 2009 9:03 pm

    Jill–Haven’t read Richard Grund’s response to what was released by the prosecution yet, but will before I go to bed. Thanks for the links.

  41. itsamysterytome permalink*
    October 2, 2009 9:08 pm

    Spacely–

    The truth will come out at trial–and then the gig will be up. Casey will go to prison forever, the Anthonys may join her for awhile if they aren’t careful, and Jose will have had his 15 minutes of fame–and head back down to the county jail to defend the drunks.

  42. itsamysterytome permalink*
    October 2, 2009 9:08 pm

    Diana–Me too. I wish someone would ask the right questions!

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