Defense Motions 9-30-09 - Dismiss Counts I and II of Indictment & Remove Death Penalty

Two new motions were filed today by the defense:

1. Motion to Dismiss Counts I and II of the Indictment Against Casey Marie Anthony

http://www.wesh.com/download/2009/0930/21161896.pdf

2. Motion to Preclude the Death Penalty Procedures

http://www.wesh.com/download/2009/0930/21161952.pdf

Defense files motion to ditch murder, child-abuse charges against Casey Anthony
Brad Conway, the attorney for George and Cindy Anthony, also released FBI reports and e-mails that support Casey Anthony's case.

Sarah Lundy
5:04 p.m. EDT, September 30, 2009

Casey Anthony's defense team is asking a judge to take the death penalty off the table and to drop first-degree murder and aggravated child abuse charges against the 23-year-old mother, according to documents filed Wednesday.

The filing came on the same day the lawyer for Anthony's parents questioned some of the forensic evidence collected in the case.

When attorney Andrea Lyon joined Anthony's defense team, she promised motions that would challenge the state's decision to seek the death penalty. She's delivering on her promise.

Lyon and defense attorney Jose Baez wrote in their filing that the death penalty is being used to "gain a strategic advantage."

And there isn't enough evidence to establish aggravating circumstances needed to recommend the death penalty, according to their five-page motion.

Authorities say Anthony killed her 2-year-old daughter, Caylee Marie, last summer. The toddler was reported missing on July 15, 2008 and her remains were found in December less than a mile from her family home.

On Oct. 14, 2008 -- two months before Caylee's remains were found -- a grand jury indicted Anthony on multiple charges. In addition to the first-degree murder and aggravated child abuse, charges against her included aggravated manslaughter of a child and providing false information to a law enforcement officer.

The defense team said there isn't enough evidence to support a first-degree murder and aggravated child abuse charges and wants them dismissed.

"There is no evidence showing that Miss Anthony ever harmed Caylee Anthony. In fact, the facts show that Miss Anthony was a good mother and provided Caylee Anthony with safe and secure living environment," said the four-page motion signed by Lyon and Baez.

They pointed out that the state can't show whether Caylee's death "was accidental, natural or the result of an intentional or negligent homicide."

The defense requested hearings before Orange Circuit Court Judge Stan Strickland on the issues.

While the new motions were being filed, the lawyer for George and Cindy Anthony released several discovery documents that the defense gave the Anthonys on Tuesday.

An FBI report states the fabric portion of the duct tape found across Caylee's mouth is "not consistent" with the duct tape found on the gas can seized from the Anthony home, attorney Brad Conway said,

However, the report does not explain what affect outside exposure would have on the duct tape on Caylee's mouth.

"It's a complicated and complex circumstantial evidence case. Circumstantial evidence cases are like a chain. . . . Now we are getting to the point where those links are being questioned," he said.

http://www.orlandosentinel.com/news/local/breakingnews/orl-bk-casey-anthony-new-evidence-093009,0,1049758.story

IMO, it is a waste of time for the Judge to even entertain these Motions.

I saw on the clerks office website today that the state did file a response to this. I'll have to go back and get the link to show you what the filing is called. It was quite comical to me.
However, the SA's filing hasn't been made public yet.

Tracey6434 wrote:I saw on the clerks office website today that the state did file a response to this. I'll have to go back and get the link to show you what the filing is called. It was quite comical to me.
However, the SA's filing hasn't been made public yet.

This is the link to the State's response.

State of Florida's Motion to Strike Defendant's Legally Flawed Motion to Dismiss Counts I and II of the Indictment Against Casey Marie Anthony

http://www.cfnews13.com/uploadedFiles/Stories/Local/1005%20Casey%20Motion.pdf

Then the defense filed this addendum (which is quite a joke).

Addendum to Motion to Dismiss Counts I and II of the Indictment Against Casey Marie Anthony

http://www.wftv.com/news/21231754/%20http://www.wftv.com/pdf/21231942/detail.html

Casey Anthony, Misty Croslin-Cummings, Bob Ward dominate TV news

posted by halboedeker on Oct 8, 2009 6:35:46 PM

*** Casey Anthony. The prosecution is ripping the defense's motion asking the judge to drop the death penalty in the murder case. "Prosecutors say judges don't have that authority, and went so far as to say either the defense doesn't understand the law or is purposely misstating it to grandstand," WFTV-Channel 9 anchor Bob Opsahl said. "Prosecutors say a hearing on the issue would be a waste of the court's time."

http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2009/10/casey-anthony-misty-cummings-bob-ward-dominate-tv-news.html

There is more of the article, but since it is not about the Anthony case, I am not including it here. If you are interested, I have posted the link.

http://www.wftv.com/news/21241690/detail.html

ORANGE COUNTY, Fla. -- In a new document filed Thursday, prosecutors are accusing Casey Anthony’s defense team of filing yet another bogus motion, this time over the death penalty.

The defense wants the judge to take the death penalty off the table, but prosecutors say judges don't have that authority.

Prosecutors went as far as saying either the defense team doesn't understand the law or is purposely misstating it to grandstand.

Prosecutors say a hearing on the issue would be a waste of the court's time.

No kidding???? LOL! I have a feeling we will be able to put a bunch of the defense motions here. Wouldn't you think A Lyons would know if this motion was lawful and/or correct?

I was wondering. Does anyone know where I can find criminal law statutes on these legal issues? I'd like to look this up. What are the criteria for the DP? I know there are 3 aggravating criteria the crime must fit. However, I'd like to know if anyone knows of a site where I can look up all things like this.
Examples like, when the defense files a motion and then the state says it doesn't fit the law.
Thanks

Tracey, the following site looks like it might be a good place to look up criminal law statutes in Florida. http://www.leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statute

Defendant's Reply to State's Response to Motion to Dismiss Due to Spoliation of Evidence
Filed October 12, 2009

http://www.docstoc.com/docs/document-preview.aspx?doc_id=13087975

State's Response to Motion to Preclude the Death Penalty Procedures
Filed October 8, 2009

http://www.docstoc.com/docs/document-preview.aspx?doc_id=13088318