State Not Seeking Death Penalty For Casey Anthony

State Not Seeking Death Penalty For Casey Anthony

wftv.com

December 5, 2008
ORANGE COUNTY, Fla. -- The State Attorney's Office announced late Friday that they will not be seeking the death penalty for murder charges 22-year-old Casey Anthony is facing in the death of her daughter.

DOCUMENTS: Court Order Press Release

VIDEO REPORT: Casey Avoids Death Penalty Threat

In a release about the decision, the State Attorney's Office wrote: "This afternoon, after consideration of the law and unique facts applicable to the above case, the State filed its notice that it is not in the best interest of the people of the State of Florida to pursue the death penalty as a potential sentence. Therefore, the State of Florida will not be seeking the death penalty against defendant Casey Anthony."

Eyewitness News previously reported it was unlikely that prosecutors would seek the death penalty against Casey without having found Caylee's body.

It has to do with the thinking of the jurors. Jurors might be reluctant to convict Casey if they know they'll have to consider a death sentence even though no body has been found in the case.
On Wednesday, the defense filed a motion asking prosecutors what legal reasons, called "aggravating circumstances," under the law they would use to argue Casey deserves the death penalty. Possible reasons would be that the murder was cold, calculated and premeditated, that the victim was younger than 12 and that the victim was in the custody of the defendant, therefore more vulnerable.

If something were to change, for instance if Caylee's body were to be found before the case goes to trial, prosecutors could change their minds and decide to go for the death penalty.

Casey is facing several charges in connection with the disappearance and suspected murder of her daughter, Caylee. The charges include first-degree murder, aggravated child abuse, aggravated manslaughter and providing false information to a law enforcement officer.

CASEY'S ATTORNEY SOUGHT JUSTIFICATION

Earlier Friday, before the State Attorney's Office announcement, Casey Anthony's defense attorney, Jose Baez, said he wanted the legal justification for a possible death sentence in his client's case.

Since prosecutors have not ruled out the death penalty, Baez said he thought it was only fair to have time to prepare to fight it. It appeared to be an indication the defense thought a first-degree murder conviction was possible, though that turned out not to be the case.
Meanwhile, prosecutors have added to their witness list. There are now 144 people on it.

PSYCHOLOGIST REVIEWS CASEY VISITATION VIDEOS

Shocking new videos were released Thursday in the case against Casey Anthony. With each visit, Casey's parents Cindy and George appeared to be getting more and more desperate, more distraught, but Casey seemed to get more lighthearted, making jokes and talking about the laughs she's been having.

JAIL VISITATION IMAGES: See Images
WATCH JAIL VISITATION VIDEOS:»

Patrick Bourgious July 24»

Parents July 25 Morning Part 1

Part 2»

Parents July 25 Afternoon Part 1

Part 2»

Lee Anthony July 25 Part 1

Part 2

Part 3»

Lee Anthony July 28 Part 1

Part 2»

Parents July 30 Part 1

Part 2»

George August 3 Part 1

Part 2

TEAM COVERAGE: Jail Visits Expert's Opinion

Eyewitness News reporter Kenneth Moton showed the videos to a psychologist to get a professional take on Casey's actions. The doctor said she has never met Casey or treated her and she's not trying to diagnose her. However, the doctor said she was able to analyze what could have been going through the young mother's mind.

Licensed Winter Park psychologist Kathleen McHugh said there's a lot to learn about the mother from the recorded jailhouse visits.

"There were times that it was confusing how calm and nonchalant she could be when discussing the disappearance of her child," said McHugh.

The general public's perception of Casey seems to be that she's cold and calculated. McHugh said her attitude in the videos confirms those thoughts.

"When you hear what she's saying and look at her face, it does not seem to match up to the tenor of the conversation," she said.

McHugh said it's obvious that Casey's goals are not the same as her parents'. Cindy and George talked a lot about Caylee whereas Casey moved many of the conversations to how she was feeling and seemed very self-focused.

Investigators believe Casey is responsible for the death of Caylee. That would mean her comments about the little girl being alive are a lie. McHugh said it's hard to tell if Casey's emotions are real or fake.

"Of course she doesn't want to appear guilty so of course she would act in a way for her to be alive," said McHugh.

Eyewitness News asked the doctor if Casey seemed like the type of mother who would kill her own daughter. McHugh said an answer to that would take an extensive evaluation.