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.

Is Casey Anthony Quilty of First Degree Murder?

After watching a fair amount of the trial and all of the closing arguments, including the prosecution's rebuttal, I am glad I am not a member of Casey Anthony's jury. After yesterday's closing arguments, I was convinced there was enough reasonable doubt to void a quilty verdict for first degree murder. Today, I am not so sure.

Until today, I did not know that there are two types of first degree murder. One is premeditated; the other is called felony murder. Premeditation is not always a condition for a first degree murder verdict. Felony murder comes into play if a death is the result of other actions such as aggravated child abuse, when actions not intended to kill but which are egregious or dangerous enough that the victim dies.

All along, I have speculated that Casey Anthony may have used chloroform to sedate her daughter when Casey wanted to party or be with her boyfriend. The duct tape may have been used to keep her cries from being heard by passersby if she was left in a car in a parking lot. Little Cayle may have died when Casey accidentally gave her too much chloroform or Cayle aspirated her own vomit because her mouth was taped shut, which could cause her to drown in her own fluids. I have never believed Casey intended to kill Cayle and panicked when it happened.

As a result, I have suspected that political or career ambitions on the part of prosecutors entered into the decision to make this high-profile case a first degree murder case. Second degree murder or manslaughter made more sense to me, especially since we do not know the exact manner of Cayle's death nor the time of death.

Casey was not well-represented by her attorney, Jose Bias. Amazingly, this is Bias' first capital murder trial. If my life was hanging in the balance, I sure would not want my lawyer cutting his trial teeth on my case. His inexperience showed throughout the trial in various missteps that resulted in most prosecution objections being sustained and most of his objections being rejected by the judge.

Still, Bias was able to raise a number of issues that could cause reasonable doubt in the minds of jurors. He also blew a lot of hot air up their skirts and trousers. As much as the jury is ready to go home, I expect their deliberations to take some time, and I will be surprised if they come back with a first degree conviction. If I were on the jury, I know I could convict on manslaughter, child abuse, obstruction of justice and lying to law enforcement officers. I am not so sure about second degree murder or aggravated child abuse.

However, this is the wonder of the justice system our founding fathers created. A jury of peers comes together to look at and hear all of the evidence before rendering their verdict. Whether the jury comes back with the same verdict I think I could vote for does not matter. I will accept and trust the jury's decision. Watching this courtroom drama unfold was not how I had planned to spend this 4th of July weekend, however I think it was a uniquely appropriate way to celebrate our nation's birthday.

One thing is certain. Casey Anthony is a liar, perhaps a pathological liar. The trial made it clear where she learned this skill -- from her parents. Neither her father nor mother were credible witnesses in my eyes. Yet, I have sympathy for both of them, especially her mother. Silly as her testimony was, Cindy tried desperately to cover for her daughter's internet searches for chloroform. As a woman, I can understand her desire to protect her child. For their sakes, I hope the jury does not bring back a death penalty recommendation if they do convict Casey of first degree murder.