The Death Penalty

In Florida, they do NOT have to have a unanimous vote for the death penalty. It only has to be to MAJORITY. The vote could be 7 for death and 5 against.... and the judge could sentence death.

In Florida, however, an 11-1 vote for death would be a strong show of support for a death sentence and judges would normally be inclined to rule that way, experts say.

The 11-1 vote referenced in the article above WAS for the penalty phase, NOT the sentencing phase.

Actually, as I understand it, the judge can overrule the jury's sentencing recommendation, no matter what it is. They just usually don't. It really all depends on the judge.

Keep in mind, Judge Perry has both sentenced a woman to death.... AND attended her execution.

For those of you who do not remember, Terry Lenamon is the DP qualified attorney the defense brought in to try to get the DP taken off the table originally. At that time, Caylee had not been found, and the State decided not to pursue the DP. Apparently, he and JB did not agree on how to defend KC, and they parted ways....

Casey Anthony and the Death Penalty: I Give My Opinion to the Orlando Sentinel

Posted on August 21, 2010 by Terry Lenamon

Casey Anthony isn't facing a jury yet, but major decisions regarding her jury trial for the murder of her daughter, Caylee Marie Anthony, are being made now as Belvin Perry, Chief Judge of the Ninth Judicial District Court of Florida issues his rulings on important motions presented to him by the prosecution and the defense.

Shortly after he took over the Casey Anthony case this Spring, Judge Perry made budget rulings, for example. Now, Judge Perry is making the call on evidence boundaries: making decisions that will impact the scope and the length of the trial proceeding.

Read more: http://www.deathpenaltyblog.com/casey-anthony-and-the-death-penalty-i-give-my-opinion-to-the-orlando-sentinel/index.html

The defense has filed a 3rd Renewed Notice:

3rd Renewed Notice of Standing Objectyion of Abuse of Florida Statute 119.01

When is this madness gonna end?????

Preparing for the Penalty Phase

Sep 9th, 2010 by Richard Hornsby.

RULE 3.202. - EXPERT TESTIMONY OF MENTAL MITIGATION DURING PENALTY PHASE OF CAPITAL TRIAL: NOTICE AND EXAMINATION BY STATE EXPERT

(a) Notice of Intent to Seek Death Penalty. The provisions of this rule apply only in those capital cases in which the state gives written notice of its intent to seek the death penalty within 45 days from the date of arraignment. Failure to give timely written notice under this subdivision does not preclude the state from seeking the death penalty.

(b) Notice of Intent to Present Expert Testimony of Mental Mitigation. When in any capital case, in which the state has given notice of intent to seek the death penalty under subdivision (a) of this rule, it shall be the intention of the defendant to present, during the penalty phase of the trial, expert testimony of a mental health professional, who has tested, evaluated, or examined the defendant, in order to establish statutory or nonstatutory mental mitigating circumstances, the defendant shall give written notice of intent to present such testimony.

(c) Time for Filing Notice; Contents. The defendant shall give notice of intent to present expert testimony of mental mitigation not less than 20 days before trial. The notice shall contain a statement of particulars listing the statutory and nonstatutory mental mitigating circumstances the defendant expects to establish through expert testimony and the names and addresses of the mental health experts by whom the defendant expects to establish mental mitigation, inso far as is possible.

(d) Appointment of State Expert; Time of Examination. After the filing of such notice and on the motion of the state indicating its desire to seek the death penalty, the court shall order that, within 48 hours after the defendant is convicted of capital murder, the defendant be examined by a mental health expert chosen by the state. Attorneys for the state and defendant may be present at the examination. The examination shall be limited to those mitigating circumstances the defendant expects to establish through expert testimony.

What Does all of this Mean?

Jeff Ashton has already gone on record that the reason the State sought the Death Penalty was because Casey Anthony was the first women who did not have some mental issue that justified not seeking death penalty.

This suggests that the State consulted with a mental health professional before seeking the death penalty to reach such a conclusion.

This also suggests that when the Defense files their Notice of Intent to Present Mental Health mitigation pursuant to Rule 3.202 exactly twenty days before the trial is slated to begin, the defense fully expects that the expert the State selects to examine Casey Anthony will disagree that any mental health mitigator exists.

Read more: http://blog.richardhornsby.com/2010/09/preparing-for-the-penalty-phase/

Be sure to read the comments from Richard's blog relating the to post above. They are very interesting.

Oh, this is GOOD..... you have to read it:

The Method Behind Jose Baez's Madness

September 24, 2010
By Express

http://www.cayleedaily.com/2010/09/the-method-behind-jose-baezs-madness/

Casey Anthony – Michael Jacques and Pondering the Death Penalty Aurguments

10/10/2010
By donchais

12-year-old Brooke Bennett disappeared June 25, 2008 – her remains were recovered July 2nd.

Caylee Anthony, 3, had been missing since June 16, 2008 – her remains were recovered six months later.

The headlines in the summer of 2008 were frightening and unthinkable yet grabbed my attention for whatever reasons. Both children had been murdered and their bodies discarded as so much worthless trash. I made a decision to follow the cases in hopes of seeing justice done for these two precious children.

Due to the liberal Sunshine laws in Florida, we pretty much know everything about the Caylee Anthony case, including when her accused killer, mom Casey Anthony, buys a bra in jail!

In Brooke’s case we know very little. Federal law shields documents and court proceedings. What meager information reaches the public is through accredited press attending hearings.

The cases are death penalty cases, one State, and one federal and that’s why we are here today. Both cases are deemed homicides, but that’s where the similarities end. So, I went on a death penalty research junket and found some pretty amazing stuff…let’s begin!

Read more: http://callsforjustice.wordpress.com/2010/10/10/casey-anthony-%E2%80%93-michael-jacques-and-pondering-the-death-penalty-aurguments/

Order in His Court

By Brad Kuhn
April 2011

~Snipped~

Strickland has never sentenced anyone to die. The two capital murder trials he has directly overseen ended in plea deals for life sentences. Perry, however, has heard eight capital murder cases, all ending with him ordering the accused to Death Row.

There is the possibility that the Anthony defense traded a merciful judge for a hanging judge.

“When I did my recusal letter and talked about
‘irony,’ it was meant in many respects,” Strickland says, declining to elaborate.

The irony may very well have been that the defense pushed out a judge who, as a devout Catholic, may be morally opposed to the death sentence.

Read more: http://www.orlandomagazine.com/Orlando-Magazine/April-2011/Order-in-His-Court/

Excellent article, J4A.