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The Death Penalty still stands as Judge Perry denies 8 motions in the Casey Anthony case

August 6, 2010

Judge Perry denied eight motions in the Casey Anthony case today.   In those motions Casey’s defense team questioned the constitutionality of parts of Florida’s death penalty statute which calls for the weighing of aggravating and mitigating factors by a jury if a person is convicted of 1st degree murder and then faces the death penalty. The Florida statute establishes an “aggravating circumstance” when a murder was especially “heinous, atrocious, or cruel.”

Judge Perry stated that the constitutionality of the “heinous, atrocious, or cruel” factor is “well-established.”  He also stated (surprise! surprise!) that the defense team didn’t present any case law to support their argument that the element violates the Eighth Amendment.

So sorry Lyon!  The death penalty still stands!  Jose Baez, was unavailable for comment……

Here are Blevins motions:

Ruling 1

Ruling 2

Ruling 3

66 Comments leave one →
  1. August 6, 2010 1:15 pm

    How’s things? Wow, if team Bozo keeps it up, they may do all the convicting themselves. We can just sit back and watch. I am still holding me head as I read Dominic’s trash. birds of a feather, indeed. Everyone remotely connected to this family suffers, guilty and innocent alike.

    Hi Thom–yes the slime is far reaching and no one is safe from it!

  2. August 6, 2010 1:26 pm

    well, things are finally looking up for precious Caylee and quickly going downhill for kc.

    i pray that justice will be served. i wonder if the dd knows that it would behoove them to cite a case law when asking for these stupid motions? apparently they could not find one.
    mystery, do you think kc will accept a plea deal? imo, i do not believe SA is willing to offer a plea.

    Midget, I agree with you. It’s no longer a matter of Casey accepting a plea deal. I don’t think one will be offered. Her small window of opportunity for getting a deal passed a long time ago. Her fine defense team was too greedy to do the best thing for their client. Her loss, but Lady Justice’s gain!

  3. August 6, 2010 1:39 pm

    Hi Mystery, haha, did bozo think he was going to actually get anywhere with these dumb tactics once again? Duct Tape is the word Bozo needs to focus on as hello to bozo that is what makes it so henious it is a shoe in for death penalty. Geez, even a fifth grader could figure this out. Now bozo needs to remove that clown face and replace it with a serious down to reality facts of the case face and go from there. That would be back to gate #1 for Bozo.

    I agree but will he???? Something tells me he won’t.

  4. August 6, 2010 1:44 pm

    midget, bozo cannot cite a case law to go along with his motions as he doesn’t know any that would exist aside of making up some like his client did with fake baby nanny story. He is probably too scared with the new judge to try faking some, as he might get those chubbed knuckle’s cracked with the judges gavel. Now that would be a hoot to see. lol.

  5. August 6, 2010 1:46 pm

    Tom, like your post and agree with you.

  6. August 6, 2010 1:47 pm

    sorry thom spelled your name wrong in my post to you.

  7. August 6, 2010 1:50 pm

    Mystery, Baez was unavailable for comments. Ran out of dumb comebacks i guess. hahaha.

    He may not be available for comments now, but I’d bet my last dollar he will be in front of a camera again soon! He’s addicted to the limelight.

  8. Venice permalink
    August 6, 2010 1:53 pm

    When is the defense team going to start saving her life???? Too late….too bad.


  9. Spacely permalink
    August 6, 2010 3:08 pm

    Since Jose is “unavailable” for comments about his failures, I will supply what would have been his statement if he had been available for comment:

    “I ummmmm…. fired DP attorney Lyon uuhhhhh… back in June because errrr… she was ummmm… obviously uhhhhh… making things ummmm… up…”

    A statement like that would actually not surprise me, Spacely!

  10. mikka permalink
    August 6, 2010 3:15 pm

    from wesh about kronk


    Lyon said in November of 2009. “He’s the only one who has been with the body. He’s the only one who magically discovers it. He takes a day off before he discovers it again in December.”

    Uh, I’m sorry, but he’s not the only one that had been with the body–Caylee’s mother was “with the body” long before Kronk was.

  11. Lona1 permalink
    August 6, 2010 3:18 pm

    Re Mail Fraud,

    Possible Punishments for Mail Fraud Crimes
    Mail fraud, a felony, carries a sentence of up to five years in prison and/or fines of up to $250,000 when individuals are involved and up to 30 years in prison and/or $1,000,000 in fines when a financial institution is involved.

    Wonder if Cindy gave the possibility that she could be charged with mail fraud any thought before she slapped that return address on the letters to Casey? Or did she just think she is above the law?

  12. mikka permalink
    August 6, 2010 3:23 pm

    itsamystery,i feel it,judge perry have enough from baezs games!

    I’m thinkin’ that may well be the case, Mikka!

  13. mikka permalink
    August 6, 2010 3:24 pm

    lona thanks,thanks,hope she charge cindy now,love to will see her trial! 😆

  14. Spacely permalink
    August 6, 2010 3:27 pm

    Mr. Turtle, how many failed motions does it take to wallpaper a foreclosed house in a gated community???

    I don’t know, I’ve never had that many, let’s ask Mr. Owl…

    Mr. Owl, how many failed motions does it take to wallpaper a foreclosed house in a gated community???

    I don’t know, let’s find out… one, two… oh – just call Jose Baez…

    Spacely– 🙂

  15. mikka permalink
    August 6, 2010 3:33 pm

    spacley 😆 😆

  16. mikka permalink
    August 6, 2010 3:43 pm

    look what bozo and conway say!!!

    In May, employees in the jail’s mail room intercepted an envelope addressed to Casey Anthony which was labeled “Legal Mail – Do Not Open”. The type-written return address suggested the letter had been mailed from the Kissimmee office of Anthony’s attorney, Jose Baez.

    Corrections officials told Local 6 the envelope looked suspicious, so two officers hand-delivered the correspondence to Anthony’s jail cell and watched her open it.

    Instead of confidential legal documents, the envelope contained a greeting card signed by Anthony’s mother, Cindy. “I love you and miss you,” the card stated. “You were a great mother to Caylee.”

    Corrections officials confiscated the contraband and returned the card to Anthony’s attorney, according to a jail spokesman.

    Jose Baez told Local 6 the card was not sent from his office.

    Cindy Anthony’s attorney, Brad Conway, said he was unaware his client had sent a card to her daughter.

    So that’s what Cindy was talking about in the letter to Casey where she said something like “why would I send you a card with a different address on it?” Oh Cindy. You may have crossed the line one time to many with this one. Don’t think the attorneys are gonna take the wrap.

  17. Venice permalink
    August 6, 2010 3:48 pm

    Cindy is on a self-destructive roll………..

    And has been for a long time!

  18. mikka permalink
    August 6, 2010 3:54 pm

    venice,cindys mother must be so ashamed of her daughter,this old poor grand grandparents!

  19. mikka permalink
    August 6, 2010 3:59 pm

    itsamystery,when i look back now,lyons was not bad like baez and mason!and she know it was time for her,to leave this case and move on with her life!

    Maybe–or she just decided to bail out of a sinking ship…

  20. mikka permalink
    August 6, 2010 4:01 pm

    looks like cindy will be not charged,from orlando news

    Orange County corrections officials have not publicly accused anyone of mail fraud, and no investigation will be conducted, according to a jail spokesman!

    Well, hmmm. Maybe she IS above the law!

  21. Swift Justice permalink
    August 6, 2010 4:09 pm

    What a week it’s been for DC, Baez and Cindy… it Christmas? The gifts just keep rollin in.

    Wonder if Cheney Mason is having fun still/yet?

    Thank you Judge Perry, you are a gentleman and a true scholar who knows his Law unlike the D-Team and cohorts.

    PS to Cindy……Casey was NEVER a great mother to Caylee as you stated. Not even remotely close by any means.
    PPS you weren’t even a good Grandmother to Caylee because you failed miserably in protecting her from the EVIL PRINCESS Casey.

    Swift Justice–I don’t think Cheney Mason will stay the course either.

  22. itsamysterytome permalink*
    August 6, 2010 4:12 pm

    Hi everyone! I responded within the comment boxes.

  23. mikka permalink
    August 6, 2010 4:18 pm

    itsamystery,i agree with you,mason dont will stay,we still dont know this NEW D.P lawyer from florida ,who visit cma in jail whats up with him,guess we will find out!

    I forgot about the new DP lawyer, Mikka. I’m sure he will make himself known when the time is right. 🙄

  24. Venice permalink
    August 6, 2010 4:27 pm

    The BEST thing that ever happened to Casey Anthony was Terrance Lemamen. (sp?)
    I liked him, too, Venice!

  25. mikka permalink
    August 6, 2010 4:39 pm

    i think cindy uses baez adresse,she knows cma will open the letter with baez adresse on it!i bet,cma dont open cindys letter!
    You may have a point there Mikka!

  26. mikka permalink
    August 6, 2010 4:40 pm

    venice yeah i remember,lenamon i liked him!

  27. mikka permalink
    August 6, 2010 5:05 pm

    sorry its off topic

    I saw where Tommy got sentenced, Mikka. What I would love to hear is when Ron testifies against Misty.

  28. mikka permalink
    August 6, 2010 5:43 pm

    hhahahahaah by jvm-jane venell mitchel show , she slammed all cindy! mike say cindy is overdosed on the anthony koolaid! 😆 and the another expert says,cindy make shoot on peoples and lawyers in her letters ,till somebody file a lawsuit against her! right on!!!!

    It really is the perfect forum for Cindy Anthony. She can drone on and on with no interruptions, and she dis whoever the heck she wants to with little chance of repercussion.

  29. Venice permalink
    August 6, 2010 5:48 pm

    Jane Vellez Mitchell nauseates me, and she has no business having a gavel on her show. These news journal shows just sicken me!

  30. itsamysterytome permalink*
    August 6, 2010 6:04 pm

    Hi everyone! I commented within the comment boxes above Venice’s post.

    Venice I have to confess, JVM and NG are two of my guilty pleasures. I watch them at least a couple times a week. I also agree that it is sick! that I watch them. lol

  31. mikka permalink
    August 6, 2010 6:09 pm

    thats a cute letter from texas grandma!

  32. Lynne permalink
    August 6, 2010 6:15 pm

    Jane Vellez Mitchell nauseates me too…The gavel annoying along with her big mouth and bossy additude. Remember Princes Casey can do no wrong in Cindy’s eyes and she will be at the execution mouthing I love you my darling Casey, you were a blessing to me…Paleeeeeese

  33. Lona1 permalink
    August 6, 2010 6:43 pm

    itsamysterytome 6:04 pm,

    acknowledgement and realization are the first step to betterment 🙂

  34. Lona1 permalink
    August 6, 2010 6:44 pm

    Mikka 5:43 pm,
    OHHHHHHHH, I’ll have to read that transcript later tonight!

  35. mikka permalink
    August 6, 2010 6:52 pm

    lona,it was really good,everybody was laughing about cindy!

  36. Lona1 permalink
    August 6, 2010 6:55 pm

    Yes, Mason will ‘jump ship’… opinion, and the new dp lawyer will get a shot to be in the limelight, to be known and to sharpen his skills 😆
    This case has served many to make a name for themselves, especially mother Cindy.
    Drawback though is that the prosecution will chew and spit her out at trial.

  37. itsamysterytome permalink*
    August 6, 2010 7:26 pm

    mikka (6:09pm) great letter! Thanks for linking it.

  38. mikka permalink
    August 6, 2010 7:29 pm

    itsamystery,it is a great letter,my heart goes out for texas grandma!

  39. itsamysterytome permalink*
    August 6, 2010 7:29 pm

    Lynne–now there’s an ugly picture I’ll now have to try and erase from my mind!

  40. itsamysterytome permalink*
    August 6, 2010 7:29 pm

    Lona!! HaHa! Yes, admitting I read National Enquirer helped me “break free” from it, although NE gets it right a lot of the time.

    I wonder how long that new DP lawyer will last?

  41. mikka permalink
    August 6, 2010 7:31 pm

    itsamystery 😆 we will find dirt on this new D.P lawyer! 😆

  42. August 6, 2010 11:44 pm

    Hi Ya Mikka, No, little miss piggy angel of death row is just as bad as the rest of the defense scheme team. She tried to implicate Kronk as well with her BS while knowing fool well he had nothing to do with Caylee period. I also remember her and LKB talking up their BS on another media outlet but i can’t remember which one. It was a guy that had them on and they were unbelievable with their off the wall crap. She skipped out because she doesn’ t want her perfect record tarnished. I am happy to not have to see her or listen to her BS.

  43. Lynne permalink
    August 7, 2010 4:55 am

    Andrea Lyon got to advertise her book. And knew from the begining it would be at her expence, hence ( Pro Bono). She just wants to keep her perfect score. Guess the Scamthonys got scamed again with D.C. Birds of a feather. Cindy would make a good defence attourney. She can lie with a straight face. Sorry itsamysterytome.

  44. Swift Justice permalink
    August 7, 2010 5:43 am

    Crooks hang out with more crooks….

    DCasey = wanna be Magnum PI – should have his license revoked premanently
    JBaez = Scheister – should go back to selling thong
    C Mason = will take the nearest exit from this case
    Cindy = should READ the Bible she preaches

    Judge Perry, you are a gent and a true scholar. Keep up the good work in securing Justice for Caylee since her family abandoned her in 2008

  45. Lona1 permalink
    August 7, 2010 7:02 am

    Cindy’s mail confiscated as contraband,,0,1554474.story

    Cindy should have a nice pill cocktail for her afternoon snack. That for sure would stop all this BS she is spewing. Well, I know that won’t happen, but……Cindy, now what????????????

  46. mikka permalink
    August 7, 2010 7:23 am

    from jvm show
    the expert say,

    And the other issue that I have is she knows once the letters get out, she can take shots at people. She can libel people. Like you know in these letters she took a shot at one of the lawyers. What can the lawyer do about that? He`s really got no defense unless he goes into court and brings a lawsuit against her. So this is sort of an open forum for her to take a shot at whoever she wants.

    CARDOZA: It`s about a family pulling together, trying to walk their daughter out of something and then when they try to create these illusions — it`s the old SODDI defense, Some other dude did it. It wasn`t Casey that did this.

    WEINTRAUB: No, it isn`t.

    BROOKS: Yes it is.

    CARDOZA: Somebody else did it. If they can get one juror to believe that, they`re going to have a hung jury, if they get a juror to believe.

    WEINTRAUB: Michael —

    CARDOZA: And they are already starting to work on jurors.

    WEINTRAUB: You don`t have to get the juror to believe anything.


    VELEZ-MITCHELL: Jayne Weintraub, I`m going to give you the last five seconds. That`s it.

  47. mikka permalink
    August 7, 2010 7:24 am

    SODDI defense 😆

  48. mikka permalink
    August 7, 2010 7:28 am

    VELEZ-MITCHELL: Now, Cindy attacks Leonard Padilla, the bounty hunter insisting he is in on the conspiracy. She notes it`s strange that Leonard happened to fly into town two days before little Caylee`s body was discovered.

    Mike Brooks, this conspiracy theory is getting bigger and bigger. The way Cindy tells it, it`s the cops and Roy Kronk and Leonard Padilla all in cahoots with each other. What do you make of it?

    MIKE BROOKS, HLN LAW ENFORCEMENT ANALYST: They sure didn`t mind taking his bail money so that Casey could get out and help them, did they? Come on. She said you let me out of jail and I`ll help you find her. She didn`t do a thing, Jane.

    Let`s not forget Jesse Grund. He was in the mix there too of being involved in this. No, I`m not buying any of it.

    I still think — look, I know Cindy is the grandmother, the mother, but she still — as I say, I think she`s overdosing on that Casey Kool-Aid.

  49. Lona1 permalink
    August 7, 2010 7:35 am

    None of her BS will be mentioned at trial. Sure, she is working hard to influence just one juror via media spin, but the seriousness of this crime presented by the prosecution in the court of law will wipe out any doubt that any juror could have about Casey’s guilt.

  50. mikka permalink
    August 7, 2010 8:08 am

    lona i agree with you!jurors are very smart people!

  51. mikka permalink
    August 7, 2010 8:09 am

    kathi behlich have the envelope who shows cindy did it!

  52. Patty permalink
    August 7, 2010 8:11 am

    This whole business with influencing one juror. Attys say that all the time…… what….you get a retrial and your freakin client is found guilty in trial #2. So what, you delayed it for what. Look at Spector. I guess they consider it a “win” on their record. What a joke.

  53. Lona1 permalink
    August 7, 2010 8:25 am

    Patty, exactly. Drama queen Cindy probably does NOT know this. The way that woman carries on and on is just horrible. And to slander Law Enforcement publicly in the media is actually a dangerous thing to do. Her rants have the opposite effect. She will need more meds and drink more water bec of it…..come trial time, she will surely have a breakdown and will be committed. They are all guilty, the entire family including the slimy defense team in this case. The more stories you get to read, the more bizzarre this ‘family’ appears. Can’t wait for the day when Linda Drane Burdick digs her fangs into ALL lies that have been told.

  54. Patty permalink
    August 7, 2010 8:30 am

    Lona…yeah and after KC is found guilty and gets sentenced, either way……LWOP or DP…….we’ll have to listen (finger on mute button!!) to CA scream her MOTY daughter was framed and get off your azzes and find her granddaughter.

  55. Patty permalink
    August 7, 2010 8:31 am

    Cindy……wake up and smell the chloroform……..your daughter did it.

  56. Patty permalink
    August 7, 2010 8:37 am

    Speaking of chloroform (well, I did anyway!!). KC is too damn lazy to make that stuff. Too much trouble, although I certainly don’t know the explanation for it in the trunk. And she sure didn’t surf about it on the internet to expand her knowledge. So, it is perplexing. Would love to know (can’t wait til trial) to hear the pros explanation on how the levels of chloroform were so high in the trunk.

  57. Patty permalink
    August 7, 2010 8:38 am

    Am I home alone? lol

  58. Lona1 permalink
    August 7, 2010 8:45 am

    The fine of $5,ooo.oo would apply to Cindy.

    The 2009 Florida Statutes

    Title XLVI
    CRIMES Chapter 775

    775.083 Fines.–

    (1) A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed:

    (a) $15,000, when the conviction is of a life felony.

    (b) $10,000, when the conviction is of a felony of the first or second degree.

    (c) $5,000, when the conviction is of a felony of the third degree.

    (d) $1,000, when the conviction is of a misdemeanor of the first degree.

    (e) $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.

    (f) Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim.

    (g) Any higher amount specifically authorized by statute.

  59. mikka permalink
    August 7, 2010 8:47 am

    the grandjury was on this time 8 man and 4 woman,and she all find cma is indictet for murder!
    the future jurors will see it like this,the body was in the trunk of cma car and the rest is history!GUILTY!

  60. mikka permalink
    August 7, 2010 8:48 am

    lona thanks,i will see cindy in jail,she dont cant pay anyway! 😆

  61. Lona1 permalink
    August 7, 2010 2:10 pm

    Hey Mikka, yes, and if she can’t pay she has to go to jail.
    Wow, I can barely stomach all those emails and lies.

  62. ForwardThinking permalink
    August 9, 2010 12:56 pm

    This is a devastating crime, that is going to be clouded by emotional judgment due to the age of the victim. However, I recently came across a research study that is classifying crimes based upon their level of ‘evil’ and is standardizing depravity for the court system so that judge’s will no longer have to determine whether the ‘heinous, atrocious, or cruel’ aggravator has merit in court.

    Weigh in and give your opinion on evil at:

  63. glen permalink
    August 12, 2010 12:48 pm

    Hello all

    Bozo’s face in this article says it all..


  64. glen permalink
    August 13, 2010 6:31 am

    dseigler2….she is the devil…

  65. T-L-I-O-T-G permalink
    August 20, 2010 12:16 am

    Yea!!Hosey boy there looks like he can’t find his own arse with both hands.GOOD!!
    On with the show, Crazseycrisp please!
    Will they throw a deal to the KIDDIE KILLA…??
    I hope not,I want her too feel the rath of those LESBOS that been locked up for a long time,little fishh in with the sharks.
    Way to go Hose B….
    Gotta roll another,damn this jus gets better..heehaw folks.
    Hi mystrey..I missed U too.

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