Indictment Questions

okay, with the few brain cells i have left this week, i have been thinking (not a good combo)... maybe one of you sharp ones can answer all my nagging questions.

in KC's actual indictment and charge list, is there a provision for voluntary or involuntary manslaughter?? or is it simply 1st degree murder and 1st degree child abuse?

the reason this is plaguing me, is the recent verdict/sentencing in the calista springer case. these parents tied her to a bed and let her burn to death in a house fire, and the jury found them not guilty of 1st degree murder. the jury went on to explain that they had no evidence that it was premeditated or done with malice, so, not guilty it was. they also offered up that IF there would have been lesser included charges of manslaughter, or negligent homicide, they would not have hesitated to find them guilty of one or both, but those were not offered as options to the jury.

so... stick with me here, even though i tend to ramble on into a novel...

lets just say that the defense abandons all mention and existance (i know she is fictitious) of this mystery nanny.. and they present to the jury that this very well MAY have been an accident and a bad cover-up... they could present this to the jury WITHOUT KC ever taking the stand...

could a jury, under the circumstances, find KC guilty of 1st degree premeditated murder with the evidence that they are going to be given... think about it.. no actual CAUSE of death, no actual DATE/TIME of death, no actual CRIME SCENE?? no matter how much i want to believe that they can, and will.. could they really?? IF the defense presents this case as an accident "snowballing out of control" can the state prove otherwise??

IF the defense takes this route, and the pros cannot definitively PROVE to the jury (unanimously) that it absolutely could NOT have been an accident, even if they believe that she is responsible for the death of caylee, they will not convict on 1st degree felony premeditated murder. and if there is NO lesser included offenses (ie.. neg homicide, voluntary manslaughter) they will have nothing to chose from .... i know... i hate to think of this too

so, i hope with all hope that in the actual charging documents, that they have included lesser included charges for the jury to chose from.. because i FIRMLY believe (based on MANY statements from the defense) that this is the route they are going to take... "it COULD have been an accident" .. and the jury will have to make some tough decisions--guilty of first degree premeditated murder, or acquittal..

TYIA

Randi, I think the State has prepared ahead in the event KC is not convicted of first degree murder (God forbid).

KC faces seven charges:

- One count of first degree murder
- One count of aggravated child abuse
- One count of aggravated manslaughter of a child
- Four counts of providing false info to a law enforcement officer

The original charge of child neglect was dropped, IIRC.

snaz..

thanks a million for putting my wandering mind to rest. i really hate thoughts like that, but it happens..

i should have known the state (in this case) has their chit together..

This is a very interesting news report about KC's indictment that I don't remember seeing before.... you should take a look.

http://www.clickorlando.com/video/17720509/index.html

Thanks Snaz, that brought back alot of memories of how this whole freak show began.