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December 27, 2011

21

Casey Anthony – can we give her the not guilty verdict, finally?

by Andrea O'Connell

As my Orlando vacation nears its end (I’m heading home tomorrow morning), I suppose it’s fitting to discuss the Casey Anthony saga, which like the Energizer Bunny, just keeps going and going and going….

Since the story began, in 2008, I was enthralled with it.  Anxious to know the truth about how and why the darling Caylee Anthony, just two years old, could have been murdered, I read nearly everything about the case.  I even signed up for daily Google emails that provided links to the bigger stories related to the case.  I still receive the Google daily emails since there continues to be plenty of stories about the Casey Anthony saga in the news.

Today my Google email contained a link to Hal Boedeker’s blog, in the Orlando Sentinel.  Hal is the “TV GUY,” and regularly writes about the Casey Anthony coverage on TV.  I always enjoy what he has to say.  He never fails to deliver the goods.

And then there was a story from “The Examiner dot com,” which is a local online news outlet.  The Examiner is kind of like a big blog that delivers news stories that don’t usually make it to the big media outlets.

The Examiner’s Casey Anthony story today makes the claim that Casey Anthony took “The Fifth” in her recent deposition for the Zenaida Gonsalez civil law suit, because she may fear Federal charges.

It is amazing that a news outlet would even proffer that idea!  Perhaps the Examiner simply wants to stir up their audience.  As most news media know, the Casey Anthony story continues to sell. So, milk it, milk it, milk it!

The facts, however, remain.  Federal charges are just not going to happen in this case.  Clearly some followers of the trial in which Casey Anthony was found Not Guilty, desperately want Casey Anthony to pay for a crime she is believed to have committed.

The Examiner was wrong to write such a story without providing details and facts. Instead, they say:

Anthony’s decision may have less to do with financial repercussions resulting from pending law suits and more to do with the very real possibility that Anthony may be tried in Federal court for her role in the child’s death.

Since Anthony’s acquittal, numerous petitions have been brought forth by angry members of the public demanding that justice be served. Petitions filed include those directed at the United States Attorney General, seeking federal charges against Anthony.  Link to story here.

The Examiner provides a link to the petition, but fails to report that the petition is no longer active.

Not Guilty means Not Guilty

The Casey Anthony verdict was very upsetting, there is no denying that.  However, the verdict was final.   There is nothing anyone can do to Casey Anthony about the murder of Caylee now.

Casey Anthony is NOT guilty.  She’s free, physically, but hardly free in any other sense.

She will be looking over her shoulder for the rest of her life, afraid of the nut-cases in the world who would like to do her harm.  And, that is very, very sad.

I will take flack for saying this, but I have some compassion for her situation.  She is legally free – our system let her go.  She should be able to have a normal life, but she never will. Well, perhaps when she’s an old woman, has changed her name, and moved well away from Florida she may experience the freedom the legal system handed to her.

And so, the Examiner story is not only misleading, it’s also not credible.  For Casey Anthony to face Federal charges would be double jeopardy under our legal system.

There are plenty of bloggers who disagree with me, and tell me as much when I write about this topic.   People like to bring up a law called “Dual Sovernity.”   These bloggers contend that the FBI and the Federal government should prosecute.  Our system doesn’t work that way.  Without going into a long description of dual sovernity – Here’s a big-picture definition: It affords the US government certain rights, allowing them to retry certain aspects of a case, even when a defendant was found not guilty.  I believe it’s a law rarely used.

The important fact to remember, in the Anthony criminal case, the Federal government had no jurisdiction whatsoever – they still don’t.  Plus it is the State who brings the charges in a criminal matter.

The argument I hear people make is, “Well, Casey Anthony lied to the FBI.”

No, she did not lie to the FBI. She was never interviewed by them.

The day Casey was indicted, when the two FBI Agents spoke to her (which we all saw on video), she was protected by the US Constitution, particularly, by her Sixth Amendment right to counsel and her Fifth Amendment right against self-incrimination.  (This is commonly a protection that people use when they “Plead the Fifth,” which Casey Anthony has done in the law suit brought by Zenaida Gonzalez.)

So, when the FBI talked with Casey the day she was indicted, she had already invoked her right to counsel, therefore, anything she said could not be used in a court of law against her.  Period.

This is how our US Constitution protects us – you and me and Casey Anthony, too.  Be happy about that.

If the Federal government were able to press charges against Casey Anthony, that would mean the government would have absolute power over the citizens of this country.

Without the protections of our US Constitution, although I am not an expert on it, we would be nothing more than slaves to another entity, a government or a dictatorship, or a King…..etc.

So, give Casey Anthony her Not Guilty verdict.  She has earned it. Sad it is, but she is not responsible, under the law, for the death of her daughter.

For all of these reasons, I find it profoundly sad that any media representative would hint at Federal charges in this case.

Smarmy!

The other story I wanted to talk briefly about was Hal Boedeker’s article about what Jeff Ashton said on HLN with Vinnie Politan, about Jose Baez.  Ashton called Baez “smarmy.”  I nearly choked on the yogurt I was enjoying as I read that!

Oh how most of us agree!

According to Hal Boedeker, Ashton also discussed the “lies” (Ashton’s words) told by Jose Baez during the trial!  Holy Cow…. Oh Golly, Miss Molly!  He actually said THAT?  Yeap!

You’ll just have to read it the Boedeker piece!  It’s too good to miss.  Here’s the link.

I heart Jeff Ashton – big time!

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21 Comments Post a comment
  1. Cynthia
    Dec 28 2011

    Well said! I recently read Keith Ablow’s book on the psychology of Casey Anthony – it was very insightful. No wonder why something like this happened.

    Reply
    • Dec 29 2011

      Hi Cynthia, I’d be interested in knowing how Ablow got his “insight” into the case. I don’t believe he interviewed anyone in the Anthony family…. Well, many of us made up our own theories of Casey’s pathology based on what we read and heard (via the videos and tapes), but how he could go so far as diagnose Cindy and George is beyond me.

      From what I hear, it sounds like he fictionalized a lot of the book based on his own assumptions. I find that troubling, though it may be a good read.

      Reply
  2. Dec 28 2011

    You make excellent points however it is still difficult for many of us to accept that this woman was found not guilty ….I have not read Keith Ablows’s book..so I STILL do not “understand how this happened”. …I think that Jose Baez is despicable and the fact that he is now going to be a big deal celebrity lawyer just makes me more sick…what he did to the Anthony family on top of Casey’s involvement in the death of Caylee is just beyond despicable….and the rejoicing after the verdict..particularly by that woman on the defense team (who’s name happily escapes me) weeping with joy of=ver the not guilty verdict..then stammering and fumphering all over the place when asked “would you like Casey to baby sit YOUR children?”… I feel that the defense over charged this case..however I will never in my life understand why she was not found guilty of at least child endangerment…I’m 63 years old..and have been a “trial watcher” for many years..this was probably the biggest travesty of justice I have ever seen…

    Reply
    • Dec 29 2011

      Hi Kathy,

      Thank you for your comments – I agree with you 100%. And i agree that the State overcharged her mainly because I am totally opposed to the death penalty. There are so many people who blame the loss on the State, but I do not agree with that. They brought what they could to the trial and I absolutely believe they proved their case. But, this jury wanted more proof. They wanted to believe more than beyond a reasonable doubt. They wanted NO doubt but that is not possible and to believe it is to believe in fairy tales.

      Anyway, that’s my soap-box and I won’t bore you with it. 🙂

      So happy you stopped by!

      Reply
  3. offthecuff
    Dec 28 2011

    Ablow’s book is a joke, a far-fetched guess, an Anthony excuse, and psycho-babble.

    I fully agree that Casey is not guilty under the law. However, I don’t agree that she earned that.

    I also don’t agree that she will always be looking over her shoulder. I think she lives in her own bubble and does not get much of anything. She will have to have others protect her and look out for her for her own good. She still thinks she’s a celebrity, which I suppose she is.

    Reply
    • Dec 29 2011

      Hi Off-the-cuff,

      You always do such a great job of bringing things back to reality and reminding us of the basic truths. I haven’t read Ablows book, but from what Kitt has shared about the book, I have no desire to read it. I understand what you mean about her not earning her not-guilty badge – the jurors handed it to her; what I was trying to say was she was put through the judicial process as expected and having gone through that, she earned the verdict.

      I always appreciate and look forward to what you have to say. 🙂 Happy New Year!

      Reply
  4. Dec 28 2011

    Yes Casey Anthony was found not guilty according to our Laws, however I do not believe she deserved it, Caylee is the One who deserved Justice and did not get it!
    As for Casey having a Right to live her Life as she wishes as a free Woman, absolutely , even if we disagree, it is what it is.
    Life and the Decisions that Woman made will catch up with her eventually and it will most likely not be the beautiful Life she was looking for and that its just fine with me.

    Reply
    • Dec 29 2011

      Hi Hilde! Happy New Year!

      I agree, she did not deserve the verdict and was extremely lucky to get it. I guess one of the unfortunate things about our justice system is the fact that justice is not for the victim, it’s for the criminal who is charged. The government must guarantee that each citizen charged with a crime is given due process under the law and in accordance with our Constitution. What happens, in most cases, is the victim gets justice by virtue of a guilty verdict. But, justice is not measured that way, if you know what I mean…justice is for the accused.

      Regardless, it is a beyond sad that Casey Anthony can now go forward with her delusions and lies as if she’d done nothing to Caylee. We know differently, of course. The entire country – those with any sense – knows she was responsible and she got lucky.

      My hope is that the nut-jobs who would hurt her or attempt to thwart her freedom, will somehow wind up in jail, too. They are no better than Casey.

      Reply
      • Dec 30 2011

        I agree with you Andrea, two wrongs don’t make a Right!
        I understand All that.
        What really bothers me is how that Not Guilty Verdict came about, it really had nothing to do with respecting our Legal System but everything to do with the underhanded Tactics Mr. Baez was using to achieve this Verdict. That is my Belief and no one can convince me otherwise.
        By the Way Andrea “Happy New Year to You and Yours! 🙂

  5. Nellie
    Dec 28 2011

    Sad world this is, where a mother can kill her child, baffle the world with BS, and walk free…

    Reply
    • Dec 29 2011

      Hi Nellie. It is sad. However, be very glad that our justice system tried her, not the public, and not an all-powerful government entity.

      It is so important to learn that without our adversarial justice system in which a person is assumed innocent until proved otherwise, you and I and everyone who comments here would probably not be able to comment here with out penalty.

      Reply
  6. Larry
    Dec 28 2011

    Casey is a beautiful young woman that never should have been charged. Clearly she did not harm her child. They were so very happy together, and she misses little Caylee everyday. There are a lot of people who Love and Support Casey. I wish for you the best, Casey, May 2012 be a wonderful year for you. God Bless You!

    Reply
    • Dec 29 2011

      Larry, I normally wouldn’t respond to comments like yours, but you should know that it’s okay that people love and support Casey, as you say you do. It’s because of our legal system that you will have your opportunity to love Casey as you say you do.

      Without our justice system, Larry, you would be crying a different tune; you would be suffering because Casey Anthony would now be looking at life in prison without parole if Casey had not been able to fight for her rights under the law.

      I don’t particularly care what you think, but I hope you understand what you’re saying.

      Reply
  7. Dec 28 2011

    offthecuff…!!!! Lol! Believe it or not, “psychobabble” is exactly the word that came to mind, and the song from the Alan Parsons Project played over and over in my head, as I read Dr. Keith Ablow’s book! I kid you not! I found myself literally rolling my eyes at times (& plenty of times, at that!) while reading. I almost abandoned the book about midway. But then I decided ‘no, I should at least finish it.’

    Just my opinion, but I feel Ablow simply over-analyzed the dynamics of the Anthony family (and without ever having treated any of them). I had never read a book by Ablow before now, and I am sure I will never read another by him. I just kept getting the feeling that he is a psychiatrist (or was it psychologist?) that I would never want to be counseled by.

    I had bookmarked 4 parts of the book on my kindle. I’ll check them real quick right now and see if any of them are of interest…..

    Uh-oh. I successfully bookmarked , but I can’t figure out how to retrieve them! Will have to work on that.

    Reply
    • Dec 29 2011

      Hah! I like the Alan Parson’s Project… haven’t thought of them in years, though! I am so glad you have shared your insight about that book, Kitt. Wow! Pretty bizarre, isn’t it? I wonder how he got it published and I wonder if he’ll be sued? Interesting!

      Happy New Year my dear….:)

      Reply
  8. Dec 29 2011

    one thing I know for sure, I cried more when we had to put our beloved Pet Cosmo which we were fortunate enough to have for 14 Years to sleep two Days before Christmas 😦
    I will NEVER understand some one like Casey Anthony and her whole family.
    She killed her own Child and we all know her Demeanor after Caylee was gone. The only time she cried was when it was about herself!
    There is no Excuse for her and no Explanation for her Actions.
    She should have NEVER walked free!
    Shame on All of those People who lied and manipulated the Legal System to achieve the NOT Guilty Verdict.

    Reply
    • Dec 29 2011

      Oh Hilde… I am so sorry…. I can’t imagine the pain you must be in. My dog is so important and vital in my life and i can only imagine what you went through…..

      Reply
      • Dec 30 2011

        thank You Andrea, it is still heartbreaking not to have Cosmo around anymore. I miss him so. I promised myself I will be with him and comfort him when he was put asleep. I know I did the right thing by doing this for him.
        I didn’t want to leave him in his last Moments with Strangers. My Husband also was with me.
        See, that is the Reason why I just don’t understand how any one can take a Life without having any Emotions whatsoever, I just don’t get it and I never will!

  9. Dec 29 2011

    :):I agree that Baez & team earned the verdict. It was, legally, absolutely correct, if not correct, in actuality. I believe it was, personally.

    I’m w/you on most of this post, however, I think you all may have it in reverse when it comes to Jeff Ashton vs. Baez. When I read the word “smarmy “, an image of JA popped right up in my head, among many other players in the whole KCA case.:)

    Reply
  10. Jan 8 2012

    It is sad that they found her not guilty. If she really did have her child missing, why didn’t she report her missing? Then in court she said her child died swimming. Sure your kid dies so you throw her away like garbage. It also makes me sad that OJ got away will murder.

    Reply

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