Wednesday, July 6, 2011

Innocent Until Proven Guilty

Some commentators, including attorneys and judges, on cable and network television have stated that the jury did not declare Casey Anthony "innocent." They only declared her "not guilty" on the murder, manslaughter and aggravated child abuse charges. These talking heads insinuated that this meant Casey Anthony could or should still be considered guilty.


Excuse me, but under our system of law the accused is considered innocent until proven guilty. Neither she nor her defense attorneys had any obligation to prove her innocence. Likewise, the jury's duty was not to declare her innocent. Their only duty was to review the evidence presented against the requirements of the law and make a determination as to whether or not the prosecution had successfully proven her guilty beyond a reasonable doubt.

The jury's decision that she was not proven guilty as charged means that continues to be innocent of murder, manslaughter and child abuse, according to the law. If we are a nation of laws, then we as a society have an obligation to accept the jury's decision and treat Casey as innocent of those charges.

If Casey is treated equally under the law, the judge will release her tomorrow on the charges (lying to law enforcement) for which she was found guilty. These misdemeanor charges carry a maximum sentence of one year each. The judge has the discretion to have these sentences served concurrently or consecutively.

Casey has been jailed without bail for nearly three years. She had no prior arrest record before the disappearance of Caylee. (She did plead guilty and was sentenced to time served and probation for the theft of a friend's checkbook that occurred after Caylee disppeared.) Typically, offenders without criminal history are not given the maximum sentence, and they would be served concurrently. Therefore, Casey should be released for time served. She should not be given a harsher sentence than any other offender because we would like her to be punished for Caylee Anthony's death. Whether we agree or disagree with the jury's decision, Casey is innocent of Caylee's death under the law and must not be selected for extra punishment for these misdemeanors.

As I wrote in my last post, I do not know who killed Caylee Anthony, if anyone, or how she died. According to the jury, neither does the State of Florida. As a Floridian, I am relieved that we will not put her to death, and I say that as a strong supporter of the death penalty.

Casey should be allowed to go free and start to rebuild her life. I sincerely hope she will get treatment for her obvious psychological problems. As her attorney Jose Bias said in his remarks to the press yesterday, she needs to grieve and heal. I hope the whole family goes into family therapy because they have all been traumatized and the fractures in their family dynamics were plain to see as each appeared on the witness stand.

As a Christian, I believe there is One who knows exactly what happened to Caylee Anthony. If her death was not accidental, God knows who the perpetrator is and will deal with him or her accordingly. Paul admonishes us not to seek revenge in Romans 12:19: "Dearly beloved, avenge not yourselves, but rather give place unto wrath: for it is written, 'Vengeance is mine; I will repay,' saith the Lord." Because of my faith, I know that Caylee Anthony will receive justice eventually, if she died at the hands of someone else. It is my obligation, as a Christian, to pray for repentance and salvation for anyone involved in Caylee's death.

Of course, many people are angry. Already, Casey's family has had to go into hiding due to death threats received yesterday after the verdict. This  anger should be redirected from Casey and her family to the State Attorney's office, the Orange County Sheriff's office, and the Orange County Coroner or Medical Examiner's office. They flubbed the case, as the defense showed. As tempers calm and reason comes back into play, I hope Orange County residents will insist on thorough investigations and consequences for the errors made in the search for, examination of and prosecution of Caylee's death.

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