Judge Says Casey Anthony Will Face Death Penalty

Judge Says Casey Anthony Will Face Death Penalty

Posted: 6:30 am EDT May 11, 2010
Updated: 11:21 am EDT May 11, 2010


ORANGE COUNTY, Fla. -- Judge Belvin Perry took just over an hour
Tuesday morning to decide that Casey Anthony will have to face the death
penalty, something defense argued was unfair and biased.

CASEY WALKS IN: See Images | Watch Raw Video
CASEY CRIES: See Images | Watch Raw Video
BILL SHEAFFER: Analysis Of Death Penalty Hearing
JOSE BAEZ: Attorney's Comments After Hearing
WATCH LIVE: Casey Anthony Hearing Underway
05/11/10 HEARING: Part 1 | Part 2
COURTROOM PICS: Various Images Inside Court
READ: Defense Motion To Preclude Death Penalty

Casey walked into the courtroom just a minute after 9:00am wearing the
same tan, buttoned-down, long-sleeve shirt she was wearing during
Monday’s hearing (images | raw video). She was all smiles as she walked to the defense table
and took her seat between attorneys Jose Baez and Andrea Lyon.

The death penalty discussion started with controversy as the prosecution
argued against a witness the defense wanted to call to speak, saying
that the witness was not previously listed and the prosecution had
little time to prepare. Judge Belvin Perry, though, overruled and
allowed the witness.

Elizabeth Rapaport, a professor of law at the University of New Mexico
School of Law, took the stand for the defense. Judge Perry granted her
status as an expert on gender and its relationship to capital
punishment.

As she testified on the subject of capital punishment and mothers, the
state objected several times, each time overruled by Judge Perry.
Rapaport spoke to issues dealing with women and capital punishment,
their behavior and how that represented them, for instance hanging out
with male strippers or partying, and said a mother who is perceived as
"deviant" by a jury faces a difficult time in defending herself against
criminal charges.

The prosecution then got an opportunity to cross-examine Rapaport,
pushing hard to discredit her, suggesting that her qualifications don't
justify her as an expert in the case. At one point, Judge Perry
interrupted and forcefully reminded prosecuting attorney Jeff Ashton to
give Rapaport time to respond.

At 9:45am, Rapaport stepped down from the stand.

“To not pay attention to all the press attention, all the discovery,”
Lyon told Judge Perry after Rapaport stepped down. “The media talking to
anyone my client dated, your honor, is just part of this case.”

Lyon is trying to make a point that the prosecution is unfairly trying
to make a point out of Casey's appearance in photos and her behavior,
and that it somehow could be influencing the prosecution's decision to
seek the death penalty.

"We can pretend, and be polite, and talk about aggravating
circumstances," Lyon argued. "But sexist attitudes still exist ... it's
driving the decision to seek the death penalty."

Then the hearing turned emotional for Casey.

“No matter what people have said about her, they all say that Caylee was
happy and healthy,” Lyon told the court as tears began to stream down
Casey's face (images
| raw
video).

Casey wiped away the tears as Lyon continued and wrapped up her
argument.

“We’re asking your honor to take an unusual and a brave step ... that
this gender bias has something to do with them seeking death in this
case,” Lyon concluded.

The prosecution was then given an opportunity to counter the defense's
argument.

"[The] only support for this is Ms. Burdick’s reference yesterday, after
a question from the court about a photograph, as it being a photograph
of the defendant scantly clad, that is the only reference,” prosecuting
attorney Jeff Ashton argued.

Ashton acknowledged that the judge has the right to deny the death
penalty as an option, but argued that Casey's behavior is a relevant
element to the case.

“She doesn’t like that our law allows us to access the character [of the
person on trial],” Ashton told the court. “To say that we are seeking
the death penalty in this case solely because of her gender is not
proven before this court and is patently absurd."

Then, after a brief statement from Lyon restating the defense's
opinions, Judge Perry spoke.

“The court can only do that in rare instance,” Judge Perry said
regarding the defense’s request to have the death penalty option tossed.
“The burden of proof is on the defense, to prove that the state made
the decision based upon those improper motives, i.e. gender bias.”

Citing case law, Judge Perry said it’s only in rare instances that a
judge can overturn the state’s desire to seek the death penalty.

“The fact that the defense has not met their burden in this case, the
motion to preclude the death penalty for the impermissible gender bias,
it will be denied. We’ll take a 10 minutes recess,” Judge Perry said.

After returning from the brief recess, Judge Perry spent little time
hearing arguments before citing previous cases supporting his decision
to deny two motions the defense filed seeking to have a statute dealing
with Florida's death penalty ruled unconstitutional.

"The motion to declare Florida Statute 921.41 unconstitutional under
Ring vs. Arizona, and the motion to declare that same statute
unconstitutional for adequate appellate review, will be denied based
upon prior Supreme Court decisions," Perry ruled.

The arguments then began over the Motion for a Statement of Particulars
Providing Notice of Aggravated Circumstances. Essentially, the defense
is seeking from the prosecution a list of the aggravating factors it
intends to prove in the case to support their seeking the death penalty.

"This pretensive ignorance is getting old," Ashton told Perry referring
to the defense. "[Lyon] says she can't figure out what happened, what
changed this case, that she can’t figure out from 14,000 pages of
discovery what is different ... for her to stand before you and say she
can’t figure this out is simply incredible ... should the court order us
to comply we of course will."

The state of Florida intends to seek the “ultimate penalty” in this
case, Judge Perry said. The judge then referenced a 2005 Florida Supreme
Court decision regarding aggravating factors and agreed with the
defense that there’s a due process of law argument.

“Therefore, the court will order, within 10 days of today’s date, the
state will list ... the aggravating factors that it intends to prove,”
Judge Perry said. “As to the issue of reciprocal discovery ... because
we have, uh, the catch-all, unlimited list of, uh, none statutory
mitigating factors, the court at this time will deny the request at this
time of the state of Florida of a list without prejudice. Both sides,
according to the law … are required to give a list of the various
witnesses. Whether we like it or not, death is different, therefore, the
motion will be granted.”

The judge then heard more arguments on another motion before citing two
1994 cases to support his decision.

“The state is correct. The court is bound by the 5th District Court of
Appeals, therefore the court is denying the Motion for Protective Order,
with respect to the penalty phase discovery given to the state of
Florida,” Judge Perry said.

A discussion then began on the defense's 2nd Motion to Preclude the
Death Penalty Procedures for Impermissible Prosecutorial Motives.
However, before getting too far in the discussion, the state and
prosecution began holding a sidebar conversation (meaning the public
can't hear it) with the judge regarding specifics surrounding the
motion.

On Monday, Casey's attorney Jose Baez did not want to bet on his chances
that new presiding judge Belvin Perry will take the death penalty off
the table.

"I'm not Las Vegas, or anything like that. I'm not a bookie, I couldn't
tell you," said Baez.

Tuesday morning, Baez had to step aside because he is not qualified to
try death penalty cases alone. Chicago-based attorney Andrea Lyon once
again was fighting to keep Casey from serving the death penalty if she
is found guilty of murdering her daughter Caylee.

"I completely and totally trust on her and her position," said Baez.

The defense's position is that Casey should not be put to death because
prosecutors cannot prove she killed her daughter in a cold, calculated
and premeditated manner. However, prosecutors argue Caylee Anthony's
killer had to use physical force or chemicals to subdue the child,
because otherwise she would have been able to remove the three pieces of
duct tape found covering her nose and mouth.

The defense says, all that aside, the death penalty in Florida is
flawed, but Casey's attorneys did not offer up specific reasons why.

"There are some serious problems with it. Obviously, the death penalty
here doesn't work," said Baez.

Casey's defense team believes that jurors hearing death penalty cases
are more likely to convict. However, to this point, there has not been
any mention of specific Florida cases that would back up that notion.

http://www.wftv.com/news/23514611/detail.html

Judge Denies 4 Anthony Death Penalty Motions

Perry Orders State To List Factors In Seeking Death Penalty

POSTED: 6:28 am EDT May 11, 2010
UPDATED: 12:50 pm EDT May 11, 2010
ORLANDO, Fla. --
Judge Belvin Perry decided on Tuesday to allow the
death penalty in the Casey Anthony case.However, the defense
still has several motions related to the death penalty that still must
be decided.Anthony looked very emotional
at times during the hearing as attorneys discussed her personality,
abilities as a mother and her fate.Aggravated child abuse,
premeditated murder and a victim under the age of 12 years old: Those
are just some of the reasons prosecutors said led them to pursue the
death penalty against Anthony.Anthony's defense team presented
five death penalty motions during Tuesday's hearing. All of the motions
were presented to Judge Belvin Perry by defense attorney Andrea Lyon.Lyon's
stance was that the prosecution was overcharging in the case."This
gender bias has something to do with the decision to seek death in this
case. I would only ask, your honor, that you think about this, and I
know you will carefully," Lyon said.Prosecutor Jeff Ashton
countered that Lyon's opinion and position were biased."She
doesn't like the fact that our law permits jurors to assess the
character of individuals in deciding the death penalty. That's the way
the law is whether it's a man or a woman," Ashton said.Prosecutors
first indicated they wouldn't pursue the death penalty, but after the
remains of Anthony's daughter, Caylee, were found, the decision was
changed.Elizabeth Rapaport, a professor of law at the University
of New Mexico, was called to the stand to address the issue of gender
and capital punishment. The prosecution said they had not received
background material related to the witness.Video | Special Section | Images
| Look Back:
Caylee Disappears | Search For Caylee
Perry
decided to allow Rapaport to testify, and said prosecutors could
reserve the right to cross examine within 30 days if they needed time to
prepare to question Rapaport.Rapaport took the stand and was
questioned about capital punishment cases as related to mothers and
cases with intense media attention.Ashton decided not to reserve
cross examination and stressed that Rapaport had no background in
psychology.Perry ruled against the defense and took a short
recess before continuing the hearing. Perry also denied two additional
motions regarding to the constitutionality of the death penalty.Lyon
also argued a motion to seek prosecutors to produce a statement of
particulars on what aggravating factors exist that allow them to seek
the death penalty. Perry granted the motion.Perry also denied a
motion to issue a protective order on penalty phase defense witnesses
that could have protected them from the possibility of harassment, and
he denied a motion to throw out the death penalty because of
impermissible motives.Anthony is being held on no bond at the
Orange County jail charged with murder in the death of her daughter,
Caylee.Caylee's remains were found in a wooded area near the
Anthony family home in December 2008.Anthony maintains a nanny by
the name of Zenaida Gonzalez kidnapped Caylee, then 2 years old.Anthony's
trial is set to start in May 2011.
http://www.wesh.com/news/23514626/detail.html

Casey Anthony Still Faces Death Penalty

24-Year-Old Charged With Murder In Death Of Daughter
Caylee

POSTED: Tuesday, May 11, 2010
UPDATED: 12:51 pm EDT May 11, 2010

ORLANDO, Fla. -- A judge has rejected arguments that the death penalty
should be taken off the table for Casey Anthony, who is charged with
murder in the death of her daughter, Caylee.
VIDEO: Death Penalty | Jury | Party Pics

Chief Judge Belvin Perry made his ruling at a hearing
Tuesday in Orlando.The judge said Anthony's attorneys failed to
prove that prosecutors had a gender bias in seeking the death penalty
against Anthony.New Mexico law professor Elizabeth Rapaport was
called as an expert by Anthony's attorney, Andrea Lyon, a DePaul
University law school professor and nationally known death penalty
expert."If a woman is accused of murdering her child, it will be
important for the defense to establish that she was a good mother,"
Rapaport said. "(Jurors) will be antagonistic if they conclude she
wasn't a good mother and that bleeds into whether she was a good woman, a
woman who wasn't scantily clad, sleeping with men, wasn't disreputable,
and it's not relevant to if this woman killed this particular child."Rapaport
said a mother who is perceived as "deviant" by a jury faces a difficult
time in defending herself against criminal charges.Anthony's
defense had said, in general, there is a gender bias in prosecutors
seeking the death penalty when a mother is accused of killing her child.If
Anthony is convicted and the case goes to the jury as a death penalty
case, the state attorney's office will have to show aggravating factors
-- that the crime was particularly cruel, or heinous. Perry ruled
Tuesday that the prosecution will have to turn over all their
aggravating factors to the defenseAnthony shed tears during the
hearing following a comment by Lyon, who said that despite the
characterizations people have made against her client, "they all say
that Caylee was happy and healthy."Perry ruled at a hearing on
Monday that the jury in Anthony's trial will be selected in Florida, but
outside Orange County. The jurors will then be taken to Orlando and
sequestered for the trial.Also on Monday, Perry delayed a
decision regarding pictures showing Anthony partying during the time
Caylee was reported missing.Anthony, 24, remains jailed on
first-degree murder charges in the death of Caylee, whose remains were
found in December 2008. Caylee was 2 years old when she was reported
missing in July 2008.Anthony has pleaded not guilty. She has
claimed that she left Caylee with a baby sitter and the two were gone
when she returned to pick up her daughter.Watch Local 6 News for
more on this story.
http://www.clickorlando.com/news/23514825/detail.html

Casey Anthony case: Judge denies gender challenge in death
penalty

http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-death-issues-20100511,0,3268755.story
By
Sarah Lundy, Orlando Sentinel
11:32 a.m. EDT,
May 11, 2010

Orange County Chief Judge Belvin
Perry
Jr. ruled on several motions this morning in the Casey
Anthony case during a 90 minute hearing.

Among
the decisions Perry made today, he ruled that Casey Anthony's
defense
team failed to prove "inherent bias" against women who are
accused
of violent crimes, especially those accused of killing their
children.

Perry
denied the defense team's motion to remove the death penalty based

on gender bias.

Anthony's legal team had argued the state is
unfairly seeking the death
penalty against their client because she
is a woman.

The defense pointed out how the state fails to seek
the death penalty
against many men accused of killing children.

"Societal
biases against women provide the state with a way of
deflecting
attention away from the insufficiency of the evidence in Miss

Anthony's case," according to defense motion.

DePaul
University law-school professor and
nationally-known death penalty
expert Andrea Lyon called Elizabeth
Rapaport, a University
of New Mexico law professor, to the
stand to testify about her
research on gender and the death penalty.

Rapaport
said she has found that white middle class mothers accused of
killing
their children get more intensive media coverage compared to
other
cases. Press often focuses on other issues, such as how a woman
dresses,
if she has a tattoo or goes to see male strippers, which don't
have
anything to do with the criminal case.

Those issues, she said,
are "not legally relevant to guilt."

Anthony is charged with
first-degree murder in the death of her
daughter, Caylee Marie. A
grand jury indicted her in October 2008 —
three months before
Caylee's remains were found in woods close to her
family home.

The
medical examiner ruled her death a homicide but could not determine
how
the girl died.

Rapaport also said juries tend to judge whether a
defendant is a "good
mother" by society terms. She testified that
mothers who are "deviant"
are in trouble and are harder to defend.

"The
deviant mother is in trouble," Rapaport said. She said a woman who
is
considered deviant is "very difficult to defend successfully."

Rapaport
said a woman's sexual activity outside of marriage and how she
dresses
"have nothing to do if [the child] was well cared for."

She
added that any evidence showing the female defendant watched a male
strip
show is "not relevant" in determining if she killed her child or a

jury "concluding she deserves the death penalty."

Lyon later told
Perry that "no matter what people have said about
[Anthony], they
all say that Caylee was happy and healthy." Casey
Anthony started to
cry shortly after Lyon's comment.

Assistant State Attorney Jeff
Ashton asked Rapaport if she has any
evidence that the prosecutors
in this case were gender biased.

She said she did not.

He
later argued that the decision to seek death is based on the evidence
they have – not because she is a woman.

Anthony's legal team
will argue various motions aimed at preventing the
execution of
24-year-old murder suspect if she is convicted.
------------
snipped

Casey Still Faces Death Penalty

Tuesday,
May 11, 2010 2:10:54 PM
http://cfnews13.com/News/Local/2010/5/11/will_casey_face_death_penalty.html
Reported
by Jacqueline Fell and Mark JenkinsORLANDO
--
In the Case Against Casey Anthony, Judge Belvin Perry is
allowing
the state to seek the death penalty.The following
motions were
submitted by the defense on April 19. Perry denied them at
Tuesday's
hearing.

• Motion to preclude the state's impermissible, gender
  biase,
  request for imposition of the death penalty
  
• Second motion to preclude death procedures for
  impermissible
  prosecutorial motives
  

The
defense fought the
decision in court, but Perry ultimately upheld the
initial
decision.Anthony broke down into tears in court when
defense
attorneys mentioned her daughter's name.The defense said
just
because Anthony had a promiscuous lifestyle doesn't mean Caylee
wasn't
well taken care of. The defense set out to prove the state
wanted
the death penalty because it has a gender bias. Defense
called
Elizabeth Rapaport, a law professor from the University of New
Mexico,
to the stand during the hearing. Rapaport studies cases of
gender
and capital punishment, saying women who lead deviant lifestyles
are
at a disadvantage."Deviant mother is in trouble. If that
woman
defendant was deviant, she's likely to get tagged for it and very
difficult
to defend successfully," Rapaport said.Prosecutors said
this case
was different because Anthony doesn't have a disorder.The
defense
may have played the gender card because they didn't know why
the
state wanted the death penalty. Prosecutors initially said
they
wouldn't seek it, but later changed their minds saying aggravating
factors
came to light.However, the defense said the state
wouldn't share
those factors. Perry stepped in and gave the state 10
days to list
what those aggravating factors are. We could soon
learn more about
the case the state will bring against Anthony before
the trial
begins May 9, 2011.

Casey Anthony: Television sees a tough day for Casey Anthony’s defense
posted by halboedeker on May, 11 2010 6:10 PM

How bad a day was it for Casey Anthony and her defense team? “A tough day for Casey’s defense,” WESH anchor Jim Payne said. “Gut-wrenching … for Casey and her mother, Cindy, as they had to sit there and listen to hours of talk about the death penalty,” WESH’s Bob Kealing said. “Her lawyers tried to get her life spared in a hearing that brought Casey to tears and led her lawyer to talk about the nastiest things being said about her,” WFTV anchor Bob Opsahl said.

WFTV replayed a snippet of defense attorney Andrea Lyon citing one of those nastiest things: “She’s a whore, so she should die.” WFTV’s Kathi Belich said Anthony is the first mother in Orange County to face a possible death sentence for murdering her child. “And prosecutors say that’s because she’s the first mother accused of premeditated murder who cannot blame mental illness for what she’s done,” Belich added. WFTV anchor Martie Salt said the station’s research had found that no mother had ever been executed in Florida for killing her child.

But on WESH, attorney Richard Hornsby saw “a shallow victory” for the defense in getting the state to explain the aggravating factors in seeking the death penalty. “It proves nothing, advances the case no further,” Hornsby said. “[Prosecutor] Jeff Ashton is going to consider it a waste of his time.”

During a break today, Anthony was able to tell her mother twice that she loved her, Kealing reported.
*Much More At Link!

Article:
http://blogs.orlandosentinel.com/ent...y+%28TV+Guy%29