casmith07;3986116 said:
*****....no it does not depend on YOUR definition of proof. It depends on proving the elements of the crime. Florida Statute 782.04 lays out in the first section the elements of first degree murder. You must prove beyond a reasonable doubt that the defendant's actions satisfied all of the elements of the crime. Evidence was circumstantial. At no point could the prosecution prove that the death was premeditated, or that it occurred as a result of the perpetration of any number of lesser included offenses, such as arson (one example from the statute).
Juries are instructed on the material evidence, at least in the courts-martial that I've observed. You are not allowed to take into account circumstantial evidence. Otherwise, if Man A was shot and killed at a Buffalo Wild Wings, and Man B was there, then people would be able to convict Man B just because he was there and therefore he MUST be guilty of a crime. <----- this is NOT how it works, and it is everything that has been suggested from everyone that I've read about being emotional about the case.
That is some kangaroo crap. There is a reason why the system is set up the way it is. And even then, innocent men still go to jail, and then we have all of this pat-on-the-back exoneration by DNA later.
I am NOT saying that she didn't do it. We don't know. We may never know. Of course I feel awful that a two year old girl was killed. But for Pete's sake can we please not set logic aside in this matter? If you want to be mad at someone, be mad at the State's Attorney's office for the colossal waste of Florida taxpayers' money in prosecuting a dog of a case. It appears as if they got so wrapped up in the Nancy Grace phenomenon that they just rushed everything and wanted to get to trial to try and satisfy the ire of "fanatics" all around the country. Absolutely brutal investigatory/police work (again, another problem I've seen in my dealings with the Army's investigation branch as well as other Title 10 Federal Agents when working with our SAUSA at Fort McNair/Myer). The sheriff's department or whomever carried out the investigation should be fired.
In my opinion, this is a case that the Nancy Grace phenomenon botched...simply because people are tired of the guilty-by-media effect that it can have. In my view, this does not slip past juries' thinking.
This was a circumstantial case, but almost all are...I see no difference here, personally. But i get what you're saying.
Here is some of the evidence we know about per wiki.
The Anthony case broke new ground regarding scientific evidence. The University of Tennessee's "Body farm" discovered "hair banding", a phenomenon in which hair roots can form a dark band after death. A hair found in the trunk of the Anthony car exhibited this pattern.[52] Hair samples were to sent to University of Tennessee's Oak Ridge National Laboratory.[52]
On Friday, October 24, 2008, a forensic report by Dr. Arpad Vass of the Oak Ridge Laboratory in Tennessee stated that results from an air sampling procedure (called LIBS) performed in the trunk of Casey Anthony's car showed chemical compounds "consistent with a decompositional event" based on the presence of five key chemical compounds out of over 400 possible chemical compounds that Dr. Vass's research group considers typical of decomposition (human decomposition was not specified). Whether or not the decomposition was human is still unknown, but was indicated as a possibility. The process has not been affirmed by a Daubert Test in the courts.[55] Dr. Vass's group also stated there was the presence of chloroform in the car trunk. In evidence hearings in March and April 2011, Dr. Ken Furton, a biochemist and nuclear chemist, pointed out with examples from various studies that there is no consensus in the field on what chemicals are typical of human decomposition.[citation needed]
DNA samples could not confirm whether the source was alive or dead. The only DNA testing by the FBI was limited to 752 base pairs out of 16,569 base pairs (less than 5% of the mitochondrial genome sequence). Evidence was found that someone had searched the Internet on Casey Anthony's computer for the use of the chloroform and how to make it.[56] On November 26, 2008, officials released 700 pages of documents related to the Anthony investigation, which included evidence of Google searches of the terms "neck breaking", "how to make chloroform", and "death" on Casey Anthony's home computer.[57]
Investigators also entered into the body of evidence a photo from the computer of Ricardo Morales, an ex-boyfriend of Casey Anthony, which depicts a joke in which a man is using a chloroform-soaked rag to drug a woman. Casey and Caylee Anthony had stayed with Morales on several occasions until June 9, 2008.[citation needed]
On February 18, 2009, documents released by the State Attorney's Office in Florida indicated that the same type of laundry bag, duct tape, and plastic bags discovered at the crime scene were found in the house where Casey and Caylee resided. Heart-shaped stickers were also recovered by investigators. According to an FBI laboratory email, a heart-shaped outline was originally seen on the duct tape that was recovered from the mouth area of Caylee's skull, but the laboratory was not able to capture the heart shape photographically and could no longer see it after the duct tape was dusted for fingerprint processing. The documents also indicate that Cindy Anthony stated to them that a Winnie the Pooh blanket was missing from Caylee's bed. This type of blanket was found at the crime scene. An entry from Casey Anthony's diary was also released.[58]
The following diary entry by Casey Anthony is dated "June 21" and reads:
I have no regrets, just a bit worried. I just want for everything to work out OK. I completely trust my own judgment and know that I made the right decision. I just hope that the end justifies the means. I just want to know what the future will hold for me. I guess I will soon see – This is the happiest that I have been in a very long time. I hope that my happiness will continue to grow– I've made new friends that I really like. I've surrounded myself with good people – I am finally happy. Let's just hope that it doesn't change.[59]
Transfer writing (imprints of writing) from other pages of the diary revealed the mention of a person named Kenneth, whom Casey had dated in 2003. A member of Casey Anthony's defense team, spokeswoman Marti MacKenzie, contends that this entry was written in 2003 prior to Caylee's birth. The defense contends that the opposite page has "'03" written in one of the corners as the date, and the handwriting on the two pages matches. However, there was no authentication that the "'03" signified a date, or when it was entered in the diary or by whom. The prosecution acknowledged that it did not know when the entry was made.[60] In January 2010, however, an FBI report released in the media stated that the diary in question was not on the market until 2004.[citation needed]
Civil case
Anthony told investigators that she had left 2-year-old Caylee on June 16 with a babysitter named Zenaida Fernandez-Gonzalez – also known as "Zanny" – at a specific Orlando apartment complex. A woman named Zenaida Gonzalez who was on the apartment records as having visited apartments on that date was questioned by police and said she did not know Casey or Caylee.[61] She has since filed a defamation suit seeking compensatory and punitive damages, alleging that Casey willfully damaged her reputation.[62] It was reported that Anthony would be exercising her rights under the Fifth Amendment in response to written questions in the civil case.[63] The civil trial is set for August 29, 2011.
Former attorneys
On June 30, 2010, Andrea Lyon presented a Motion to Withdraw as Counsel representing Casey Anthony.[64] Linda Kenney-Baden withdrew in October 2010. Both cited travel costs as a barrier in continuing to represent Anthony.[65]
Brad Conway, the attorney representing Casey Anthony's parents, withdrew in mid-August 2010, citing allegations in a defense motion that he received special treatment in reviewing records. Conway claimed these allegations were false, but that this now made him a witness in the case, which forced him to withdraw.[66]
Criminal trial
Jury selection began on May 9, 2011, at the Pinellas County Criminal Justice Center in Clearwater, Florida, because the case had been so widely reported in the Orlando area. Jurors were brought from Pinellas County to Orlando.[67] Jury selection took longer than expected and ended on May 20, 2011, with twelve jurors and five alternates being sworn in.[68] The panel contained nine women and eight men. It was estimated that the trial would last about two months, during which the jury would be sequestered to avoid influence from information available outside the courtroom.[69]
The trial began on May 24, 2011, at the Orange County Courthouse, with Judge Belvin Perry presiding. In the opening statements, prosecutor Linda Drane Burdick described the story of the disappearance of Caylee Anthony day-by-day. The defense, led by Jose Baez, presented its claim that Caylee drowned accidentally in the family's pool on June 16, 2008, and was found by George Anthony, who then covered up Caylee's death. Baez also alleged that George Anthony had sexually abused Casey since she was eight years old, and also claimed that Casey's brother Lee had made sexual advances toward Casey; he was even given a paternity test to see if he was Caylee's father.[70] However, the defense offered no proof of any sexual abuse of Casey by either George or Lee Anthony; consequently the defense was not allowed to mention claims of sexual abuse in their closing arguments.
The prosecution alleged an intentional murder and sought the death penalty against Casey Anthony.
[71]
On June 30, the defense team for Casey Anthony rested, without Anthony testifying in her own defense.
[72]
http://en.wikipedia.org/wiki/Death_of_Caylee_Anthony