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May 11, 2010

17

Death is different. Judge Perry is liberal in allowing death arguments but death penalty stands

by Andrea O'Connell

Death is Different. Judge Perry is extremely liberal in allowing the defense to present its death penalty argument.

Stereotyping is real, we all know this.  But we also know that the question of gender is real as is racial prejudice that lingers like bad breath in the morning.

However, the ‘gender’ aspect, in the humble opinion of this author, has not been and is not questioned – there appears to this author to be no bias.

The only bias to this author is the death penalty is wrong, not just for Casey Anthony, but for anyone.

Regardless, the court must follow the law and has ruled.

The death penalty stands.

More on this later.

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17 Comments Post a comment
  1. Boston
    May 11 2010

    Andrea-i am continuing to listen to the hearing. It is excellent.

    Reply
    • Andrea OConnell
      May 11 2010

      Oh I’m so glad and will be anxious to hear your thoughts. I was able to hear a bit this morning and heard the Judge’s ruling which appears to follow the law to a “T”

      TY so much.

      Sent from my iPhone

      Reply
  2. michellefrommadison
    May 11 2010

    The act of carrying out a death penalty to a convicted murderer first requires the defendant to be found guilty of first-degree murder as charged. But, the facts of the Anthony case do not support a conviction of that nature, at least according to many experts and to the facts of that case. With all of the screw-ups by the prosecution, the police, and the sheriff’s department, why have they all seemingly abandoned the fight for Caylee’s Justice?

    Reply
    • Andrea
      May 11 2010

      Michelle,
      Thank you for visiting here.
      You’re not alone in your thinking; I heard others say that the facts of this case do not support a charge of first degree murder.
      You are entitled to your opinion, no question about it, but it is really not your or my opinion that matters. The experts do not matter except in a court of law because the experts have yet to see all the evidence the jury will be privy to. The only opinion that counts won’t be heard until May of next year when the Jury speaks.
      I however, having read nearly the entire discovery released to date, and I believe in the guilt of Casey Anthony, but I still don’t have all the facts, and ultimately what I believe matters little, correction, it matters not a wit.
      However, I am opposed to the death penalty and it disgusts me that our society would entertain the idea of killing, and eye-for-an-eye style. I have shed many tears over the fact that the innocent child who should be the focus of this case, is gone. But, who among us is God or can stand in judgment and pronounce death of another?
      The courts do and have and the fact that Judge Perry is following the law is no surprise, he’s a competent and smart jurist, though I disagree with entertaining the subject of death by another.

      Reply
      • auntdeedee
        May 11 2010

        Andrea, God, Himself has said that, if one takes away the right of life of another, his/her life must be taken. He also said that an eye for an eye is justice. Back in the ancient of days, people woul far exceed justice-for instance, if a man was blinded by another man he would be put to death. So, an eye for an eye meant, if a man causes the loss of an eye to another, he shall lose that same eye himself, but not be put to death.

        As far as the DP, there should be a minimum of two witnesses to a murder before that death penalty is carried out. That is, if one goes the biblical route.
        Hope you don’t mind my saying so on this subject.

      • Andrea
        May 11 2010

        Aunt Dee, nothing you could say would ever disappoint me and I value your opinion greatly. I just don’t happen to agree!! LOL! I think if we were to lay down the law according to the Bible we’d be in a “hess of a mell” if you know what I mean. I don’t mean to make light of this, but I also think we are a society of law and order and we have the best justice system in the world. One part of that justice system requires a defendant to be put to death, in some states, should they meet the burden of the heinous crime standard. I just don’t agree with it and could never be a part of such a decision, myself. Now, I do understand how people would want to put to the death an individual for murder. If someone were to hurt one of my loved ones, I might (I’m not sure) want that person to suffer the ultimate punishment….but then I know that there is a God of forgiveness and redemption, too. I do wish we would abolish the death penalty all together as it does nothing to stem crime or criminal behavior. And if we were to follow an eye for an eye, we’d be a society of FULL missing limbs, eyes, and fingers….

        You may say anything under the sun here, my friend, and I will embrace you for it.

  3. auntdeedee
    May 11 2010

    Out of curiosity, or perhaps a future post. I was researching gender bias where the DP is concerned. I ran across an article that said that stays of executions for women far exceed that of men. Interesting!

    I thought the arguments were fairly good by Rappaport, though she should have had documented cases and statistics to present. Yet, in this case, I just don’t see it so far. It will be the jury that would have gender bias, I believe. But the State has certainly not gone out of their way to portray Casey as a bad woman because of her lifestyle. We will see what they do during trial.

    TTYL!

    Reply
    • Andrea
      May 11 2010

      Me too, Dee…. I think her arguments were carefully stated but ultimately made little difference. I have so much I want to say, but need to gather my thoughts for later this evening.

      talk to you soon

      Reply
  4. May 11 2010

    auntdeedee rappaport stated that they were a very limited amount of research regarding gender bias, and she gave her opinion on those cases. in regard to the State not protraying kc as a bad woman because of her lifestyle, i have to agree. kc was out partying hardy while “looking “for precious caylee, she lied to all her friends, as well as her family…..i believe the State wants to let it be known(and it is documented) that she was indeed not looking for Caylee while having fun at the club. in my opinion, what partying she did before june 15, 2008, is of no consequence.

    Reply
    • Andrea
      May 11 2010

      Hi Midget48,

      Excellent observations… I agree with you, it’s after June 15th, when she lied about looking for Caylee, that is at issue. Those pictures should come in… Though I am hardly a gambler (LOL!!) I would bet they will come in…

      Reply
  5. Hilde
    May 11 2010

    Judge Perry rules strictly by the Law and that is how it should be.
    The State obviously has a Reason why the Death Penalty was put on the Table after the Remains of Caylee Marie were found in Dec. of 2008.
    The Defense did try once before unsuccessfully to get the DP of the Table.
    Judge Perry did not find that the Defense proofed their Point today that this Case is bias. I agree!
    The DP stays on the Table which is not surprising, however I don’t believe Casey Anthony will get the DP even if that is an Option after she is convicted.
    We seen a little Sample what we can expect at the Trial next Year. I believe it won’t be pretty at times.
    I don’t hate Casey Anthony, I don’t even know her at the same time the Crime which has been committed disgusts me and there has to be Justice for the Victim Caylee!
    The Fact is Casey A. put herself into that Position she is in now and she is the One who has to account for as to what happened to her Daughter Caylee. None of us have put her into that Situation and she can’t blame no one but herself for what she is going through right now.
    Caylee’s Death was a Homicide, it doesn’t matter how we look at it, that is a Crime and the Person responsible has to pay the Consequences.
    Consequently the State won’t be the One giving Casey the DP if she is convicted, the State just put it on the Table.
    I have mixed Feelings about the DP, I don’t believe we have a Right to kill any one as Punishment for a Crime.
    At the same time if someone would kill one of my Children, I believe I wouldn’t have a Problem with the DP, does that make me a bad Person, I would hope not.
    It was a good Hearing today and the Judge was fair to both Sides and correct in his Rulings after carefully explaining why he came to rule a certain Way. JMO

    Reply
    • Andrea
      May 11 2010

      Hilde, you are surely not a bad person for thinking that way. You make marvelous points here and I agree with you wholeheartedly that the state and the judge have followed the law as it stands. Now, it will be up to the jury, as the arbiters of fact, to make the ultimate decision here. We are more than a year away from this decision and so much could change from now until then. The fact remains, I agree that the judge was very conscientious and cited the case law very carefully in weighing his decision. I was surprised that he ruled so quickly, but he evidently did his homework!

      Thanks so much, dear Hilde… 🙂

      Reply
  6. michellefrommadison
    May 11 2010

    Based upon the evidence produced by the prosecution, together will all of the infractions of the prosecution’s witnesses including the investigators and the police and the sheriffs department, the defense certainly does not have to fear a death penalty issue. A death penalty can only be imposed if Casey if found guilty of first-degree murder of Caylee, and there is not enough evidence against Casey to accomplish that, at least according to many Experts.

    Reply
  7. Ideas
    May 11 2010

    God has put man in charge of himself, his family, and his society within certain written and unwritten laws. The ancient laws were set up for one nation in particular, and even they didn’t follow them strictly. That nation does not exist anymore in the same manner, and every nation now has it’s own civil laws.

    But I think it’s man’s responsibility to maintain his society and keep it safe. That’s why we have prisons. However, our court system is a mess, LE and prisons have their hands tied in doing their jobs.

    When someone decides to heinously snuff out someone else’s life, he has forfeited his own rights to life and opportunities to rehabilitate back into society. If his life is changed in prison, that change will hopefully include making peace with his Maker, and accepting his punishment. Death row is much too lengthy a time period, and causes suffering and a burden to society. Makes no sense.

    Reply
    • michellefrommadison
      May 11 2010

      Actually, if they chose to snuff out someone as you claim, they actually do not lose their rights as you also claim, at least not in the United States of America. And, thank God for that because there have been many, many who have been falsely accused in the past, even in this current day and age. Well, at least according to the facts. 🙂

      Reply
  8. Andrea
    May 11 2010

    Hi Ideas,

    Thank you for your thoughtful comments here.

    It is a terrible dilemma you describe: how does society balance good and evil?

    How do we protect the innocent?

    We cannot protect everyone from harm, because that is not the natural order of the universe. But, we can stop a person who has been shown to be a murderer. We can stop them from harming others by placing them in custody all the rest of their days.

    I’d like to think that perhaps they will repent and find a place of peace in their minds. They, after all, must live with themselves – if that is not hell, I don’t know what is.

    You’re right, death row makes little sense and costs so much both financially and otherwise. I would prefer we use those funds to assist the innocent victims of the murderer.

    Thank you again, Ideas.

    Reply
  9. Venice
    May 11 2010

    What a GREAT day!!!!

    Reply

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