Death penalty: What other’s are Thinking

Posted by: Gxxxx | May 31, 2009 at 07:02 AM

 

    I must say that I agree with the defense on the matter of the death penalty. There is something seriously wrong with the prosecution in the fact that they had waived the death penalty and then reinstated it. I know that this was done after the Caylee’s body was found, but Casey was already charged with 1st degree murder.

I have not yet seen one piece of evidence that ties her to the site where Caylee was found besides garbage bags, duct tape and a laundry bag. These are all very common household items that you will find in almost all houses. One thing that really makes me wonder is the laundry bag. This type of a household item you would think would be so easily linked to that home.

I say this due to the fact that it’s a cloth laundry bag that would hold an enormous amount of fibers, possible hair from other family members, etc. I find it hard to believe that if this basket did come from the Anthony house they have not found any evidence of fibers that could be linked to clothes from inside that house. I am also very much confused as to it taking them as long as they did to find Caylee’s body. This if anything will be the reason Casey walks.

We all have to be realistic here on this matter. Although we have this mountain of evidence that Casey did something to little Caylee the fact that the area was searched multiple times (Once with cadaver dogs) and several tips came in of possible evidence in a missing child case that were not followed up on correctly is a massive argument for the defense to claim the body was not there at that time. I myself am having a real hard time with this one.

This is especially troubling to me due to the fact that this area was only ¼ of a mile from the Anthony’s home and we all know that if tips were coming in that there was a possible dead child in the woods the authorities would have ripped that woods down tree by tree. Something is seriously wrong with this aspect of the case.

This could definitely put doubt in a jury’s mind as to whether Casey was the one to put the body there. All the evidence points to Casey having a part in whatever happened, but it does not point to pre meditated murder. There is no cause of death, no crime scene, no motive (Unless you want to say she did it to spite her mother or so she can be child free) and once again we have this long period of time before they found the body when it was almost in the Anthony’s back yard.

I really need to see what else the prosecution has because there is many holes in this case that need to be filled before I myself could say this was pre-meditated murder. Casey is definitely guilty of something (But what and to what extent) I wish Casey would just come out with what really happened.

Posted by: Gxxxx | May 31, 2009 at 07:02 AM

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So, are you happy now Mr. Ashton? [FYI -“…has never to have lost a death-penalty case.”]

So, are you happy now Mr. Ashton?  Not only is Andrea Lyons qualified, is considered and expert on Capital law and death penalty case law.

In 2005, she received the president’s commendation from the National Association of Criminal Defense Lawyers for her death penalty work.

“Professor Lyon has tried over 130 homicide cases. A former Cook County Public Defender in Illinois, she served as chief of the public defender’s homicide task force. In 1990 she founded the Illinois Capital Resource Center and served as its director until joining the University of Michigan Law School faculty in 1995.” The statement added that, “In 2000, she joined DePaul’s faculty and is now the Associate Dean of Clinical Programs.”

 It’s funny I used President Obama as an example..5 degrees of separation is powerful.

Even the President of the US is not DP q under Florida Rule of Crim Pro 3.112.  (Unless there is a void, if it’s the president rule that supersedes the FS 3.112 rule.)

Posted by: finnperkins | May 26, 2009 at 06:49 PM (Hal TV Guy’s blog)

The dp qualified attorney can have a vitae to match President Obama,

but if he or she has not tried a case in the state of Florida, they do not qualify under Florida’s DPQA pre-requisite/law. [Florida Rule of Crim Pro 3.112](759 So.2d 610). Amended July 1, 2002 (820 So.2d 185); Oct. 8, 2008 (993 So.2d 501).

p.s. – I wonder what her nickname will be.

btw- WFTV does not waste time on trying to make Ms. Lyon’s day memorable. “WFTV’s headline -the new attorney …stay tune and see what we dug up on her and what you need to know!”

I bet this was a hard line for Kathi Belich to say -”Lyon has very impressive credentials” and “is said never to have lost a death-penalty case.”

Kathi Belich’s is saying an extra pray tonight, WFTV reporter states Ms. Lyon’s was added to the case but has yet to file the papers and to be approved by the court.  I do not think Judge Strickland will go out of his way to please Ms. Belich this week.

old comment I made regarding WFTV and their bent view of this case-

Casey maybe a liar, a cheat, even a poster child for a 5150 PSA, and last she may even be just an average 22-year-old slacker.

These trait do not add up to some one who could carry out not only the crime it’s self, but to leave no affirmative trace for FBI and local FDLE to confirm without the phrase tagged-

 

1.      Materials are too limited to fully characterize, they remain suitable for comparison  exam, should suspected sources be located. (Drugs test on hair)

2.      Accumulation of material from different sources collected into the trunk over a period. Because they are intimately mixed, no source of this material can be determined. (Trunk)

3.      Did not originate from crime scene (soil shovel and Casey’s shoes. all of them).

 

Just to list a few reason why this is not a slam-dunk for the state attorneys office (hello Mr. Ashton)…

jm2cents/Finn

…and behind door number 3 we have…? I think I’ll keep my dental appointment Thursday

“The defense team planned to introduce the death-qualified attorney at the hearing.”  ….WESH’s Bob Kealing 

Here is a response from a blogger.”  Hopefully will be another Bozo Baez!”

I found 32 references to Baez using the word BOZO.  I remember Bozo as a fun Clown who made me laugh, everyday on WFTV.  I even have to sit in on a show while I was a brownie scout.  Now my childhood clown is now forever connected to Jose’ Baez and Casey Anthony.

Do they think Jose is funny? Does Jose’ Baez have very large feet. 

Is it that Jose’ wear a bright blue outfit to work every day?  Does Jose’ have an over the top Crayola Red hair do?  [Something I have yet to witness]  I found after reading the 32 posts today that, the reason why they call Mr. Baez …”Bozo”,

1.    Because they may not know how to spell Baez correctly.

2.    Because he has a receding hairline.

3.    Because he is flatfooted.

4.    Because his name begins with the letter”B”.

 

When WFTV reminds us as viewers that Casey was watching their station, they forgot to also tell us, that the pods are not rigged with Dish Network, and unlike Casey who has TV is on WFTV, I get my News from Fox35 thank you…

In Print from Orlando Sentinel

The web from the WSJ on-line.

Oh, yes Radio is 104.1 

       Posted by: finnperkins | May 26, 2009 at 05:29 PM

 

Jose’ Morning according to YOU-

brush teeth,
kiss the wife,
hugs the kids,
grab the paper,
pick up the brief case,
find the car keys
…and oh, call Kathi Belich!  NOT.

 Jose’ Morning, according to Jose’-

brush teeth,
kiss the wife,
hugs the kids,
grab the paper,
pick up the brief case,
find the car keys
…and oh call ahead 511 for traffic report.

Hal what is the usual protocol for courthouse media?

imo- the media has knew from Jose’s own spokesperson that the attorney whom the team
has chosen would be released prior to the may 28th hearing date.

Posted by: finnperkins | May 26, 2009 at 06:32 PM

 

I would pose this question (but I know the answer already, but here is anyway.

Q-Did the jail staff move Casey into the same situation as they did on Dec. 11?

A-From my inside source, Casey was not moved from her cell to the same area on the day Padilla did his FALSE find dive.

Footnote-what a waste of funds on his part, but it is his money.

Posted by: finnperkins | May 26, 2009 at 05:37 PM

I fact, the Same jail CO said, Casey’s regular schedule time, to be in the regular open-population TV room while the others were outside.  The jail CO’ noticed the coverage, and that before the finds were announced, the CO sent Casey back to her Cell, without incident.

The info on the NON-Movement of Casey from Cell on the Day Padilla did his FALSE search, was from a Jail CO, who’s mother works at the salon where my mother’s stylist works,…na na na.  For real, a bunch of 80 year old ladies discuss this every Friday now. I call it “Updates from the Q-tips”

Posted by: finnperkins | May 26, 2009 at 05:53 PM

“ei incumbit probatio qui dicit, non qui negat” Is it Greek to you? …”it’s part of the Bill of Rights for me!

…wondering when we lost faith in our Bill of Rights and who do we have to thank, in helping us get back the faith.

ei incumbit probatio qui dicit, non qui negat 

Unbelievably, the many defendants on death row, the many domestic violence victims with in our own communities.  With every injustice, every crime on humanity, every lapse in judgment, we as a nation follow the trail of stories that usually horrify even the most harden of hearts.  When the days is done and go to pray before your sleep, far from your mind is the fact that, we have the framers of our U.S. Constitution & our Bill of Rights to thank, as we can freely worship, and pray at will.

We also can attribute the same to many other privileges that we as US citizens take for granted time, while we wonder upon this vast space call earth.  As much as the viewers and readers who feel some one is guilty based on the knowledge they profess as fact, because it came from out TV screen, or our internet searches we conduct as armchair sleuths,  the same bill of rights that allow freedom of speech also offers us the Fifth  and Fourteenth Amendment. 

The burden of proof is thus on the prosecution, which has to collect and present enough compelling evidence to convince the judge and jury, who are restrained and ordered by law to consider only actual evidence and testimony that is legally admissible. 

The guaranteeing the presumption of innocence extends beyond the judicial system.  For instance, in many countries journalistic codes of ethics state those journalists should refrain from referring to suspects as though their guilt is certain.  The Reports are to use “suspect” or “defendant” when referring to the suspect, and use “alleged” when referring to the criminal activity of the suspect. 

More subtly, publishing of the prosecution’s case without proper defense argumentation may constitute presumption of guilt.  Publishing a roster of arrested suspects may constitute undeserved punishment as well, since in practice it damages the reputation of innocent suspects.  I feel this also applies to the defendant’s family members and to the witnesses and their families.

How would you feel if you were the sister, brother of a defendant or witness in the Anthony case…?  Think of Roy Kronk, before you fly off the words.

ei incumbit probatio qui dicit, non qui negat

“Second verse same as the first”… endless accounting of the lies as they are feed you through the mega pixels of your flat screen TVs

I am responding to anyone who thinks this applies to them, it probably does.

I find it interesting how many of the bloggers here recite the same words repeatedly as it they are all at their computers at the same time, and typing in a wandering chorus, repeating words from media sources, with out reference to the author.

Our computers are the common thread through all of the posts, are words of hate, cynicism and contempt for the Laws of Society.

If the Media had not released any of the interviews conducted by FDLE, What would all of you base you opinions on with out the help of the Florida’s Government in the sunshine?  The Florida loose open records laws, the worst in the nation (jmo).  What would all of you base you opinions on with out the help of the Florida’s GISL?

The FL S. 119.105 Protection of victims of crimes or accidents, is not enforceable because it does allow the NEWS MEDIA to have these records, but I want to know when to draw line should be in the sand.

I think that as of May 17, 2009, the Casey Anthony case is not longer News. At this point, the Anthony case is a “Topic,” used to generate advertising revenue for the local TV station.

The Local TV stations are corporations.  Most TV stations offer us 1 to 3 hours worth of time set aside for local news segments, at least hour of accumulated news segment promos to promote there news segment, and the remainder of the air time is sold to various affiliates, known as primetime programming.  Then there is after hours leased access time for infomercials and alike…. 

Therefore, at what point will the Federal, State, and Local government acknowledge that our local Media stations are a business, which is held to corporate taxation; therefore, they are an entity that uses our public records information for commercial solicitation.

Every time a reader clicks on a website of WFTV, WESH, WKMG, and many others, they are also generating automated revenue, even if a reader does not click the advertisement on the webpage, the station sell its ad space based on projected demographic.

True or False? Public records laws require the state to release information

This statement was the third sentence of an article stating that more documents will be release to the Defense from the state attorneys office.

Does the Public records laws require the state to release information prosecutors provide to the defense. Ref: [1] True or false?

It is false.  The public records laws of the state of Florida, states that the records produced through judiciary process is SUBJECT to the open records laws, the release is also subject to the same a laws along with some stipulations and exemptions.

The facts that the records are part of a current trial, the records have a 50/50 chance to be release period.  the open record law is in the nut shell – states that the residents of the state of have the right to view, or receive in hand, a copy of any records that is part of daily government operations, including but not limited to the Judicial branch.

i.e.;  if Judge Strickland imposed a gag order, then a lot of what has been released, and what might become available on line, to be ordered in copy form, would have kept under wraps until the trial was over, and at that point, the judge would release document base on the public’s need to know.

119.01 General state policy on public records –
(1) It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency.

 [1] Casey Anthony case: More documents expected to be released Friday Sarah Lundy | Sentinel Staff Writer  1:09 PM EDT, April 30, 2009

[2] 119.071  General exemptions from inspection or copying of public records.–

(d)1.  A public record that was prepared by an agency attorney

REPOST ~ In reference to the local media obsession with “shock n Awe” style reporting – I say “Res ipsa loquitur” another words, please avoid pandering to lurid curiosity…….

I figured out why I did not remember WKMG, in my youth was known as WDBO.
The fact those, the station change call sign to WKMG in honor of longtimeWashington Post publisher, Katharine M. Graham.

Why, I will get to that later…

With that, out of the way the reason for this post is to address my on going disagreement with how the media covers local news issues.

When does a story become News?  Why one story is covered, more than another is. Do commercial and recruitment advertising revenue trump our communities?

The right to know the whole truth, whether the person whom the story is about fits the criteria the media outlets want populated on their websites. Do website revenues mean more to editors and publishers, than mental, physical, or social wellbeing of community, when they claim to be looking out for us, or are they really looking out for Number 1?  As in ranking  no. 1. I have written more in the past six months, than I did although grade school.  I think if I am to learn anything from the news programs, is that the local stations ratings hungry as their big brother affiliates.

The media, while covering the recent suicides/homicide by two central Florida residents chose to air the security video footage. The airing of the video may not fall under any legislative law,but in a cynical  attempt to increase ratings, it places them on a slippery slope. The story posted on the TV stations respective websites and in they’re evening broadcast stated what happen, “Res ipsa loquitur”, Adding the video footage was not unnecessary.

So when 26-year-old Jason Kevin McCarthy, was found Monday at the same shooting and practice range in Casselberry, FL., with a gunshot wound to the head.At the time of the story was first aired, the video footage was not released by FDLE. The TV station that originally broke the story, offered, that they would update the website, if the video footage made, would be available.  I found this paragraph, in which it addressed the ever-increasing disregard for the victims, their families.

I refer to this – “The privilege of broadcasting carries with it a fiduciary duty (an assumption of trust), and a mandate to act in the public interest. Broadcasters,then, are subject to the same or more stringent limits as private citizens —there is no “extra” protection afforded them. The law on intentional infliction of emotional distress, while vague,involves behavior so outrageous that it “shocks the conscience” therefore does not have a place in a “civilized society.”

Standards have also been created that address “depraved indifference”towards a victim or the “reckless disregard” of another’s well-being.”

[1] Another example is the latest attempt of “on air” trump game, I titled, -“One friend sent the email, the friend who received the email, Subsequently threw the sender of the email under the preverbal bus.WFTV-Channel 9, reported in its noon news on Tuesday that OrlandoMight have its first case of swine flu. The swine-flu information came in an e-mail from Florida Hospital’s chief medical officer,who was addressing another flu strain, when content of Dr. Lauran Hauck’semail taken out of context, posted on twitter.
WFTV’s news director Bob Jordan, posted-“UPDATE: Orlando Swine flu patient is Mexican tourist who visitedWalt Disney World.”

– – And meanwhile, back at the South Street ranch (WFTV Offices),WFTV reporter Kathi Belich said.The patient: a tourist from Mexico who was visiting Disney. “as if repeating misconstrued information again, would make the Story come true. While it took over eight hours for WFTV to update their story on the web, it took only half that time for the competition to offer blame, even though for they themselves followed the twit, twittering into the Internet abyss. and As of this writing, the search found 6, 190 links, sending people to websitesall over the globe.

“The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic”.

[2] May I ask, will TV News stations adhere to the principle of limitation means that some weight needs to be given to the negative consequences of full disclosure?  To recognize that gathering and reporting of the news may cause harm or discomfort,to avoid pandering to lurid curiosity.  In the pursuit of news story is not a license for arrogance.  Katharine M. Graham, daughter of Eugene Meyer, owner of record1933 of  The Washington Post Company.  WKMG owned and operated by Post-Newsweek Stations, Inc a subsidiary of the WashingtonPost Company.  By honoring Ms. Graham, they also have the duty to uphold the honors that were bestowed her, including but not limited to the “Elijah Parish Lovejoy” award.

The award represented  Mr. Lovejoy’s dual commitment to both freedom and freedom of the press,his supported the freeing and emancipation of slaves. During his career as a journalist and owner of the Alton Observer,his well known protest against the hanging of a free African-American man,whom at the who was jailed in suspicion of murder.  Based on the judge’sinstructivons to the Grand jury, no legal action was taken. At the time of his death, by murder, Mr. Lovejoy had been shot at, chased, and his press was set a fire.  Lovejoy considered a martyr, by the abolition movement.

The Elijah Parish Lovejoy Award,given annually by Colby College,Lovejoy’s alma mater honors a member of the newspaper profession who has contributed to the nation’s journalistic achievement…. I do not think Ms. Graham, or Mr. Loyjoy would approve of the format local TV stations have adopted, least of all that of WKMG.
[1] Preston Coleman, PhD

[2] Aikens v. Wisconsin, 195 U.S. 194, 205, 206.

[3] orig. WFTV 19311020 story Id.

[4] Society of Professional Journalists, SPJ Code of Ethics