Octopus
Mommy
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- Mar 16, 2011
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I do understand law, I think you proved your own point though. Ok if we are going to nitpick, aggravated child abuse is a felony of the third degree. She wasn't charged with culpable negligence this is a factor in the charge of manslaughter of a child;
In Florida - Aggravated manslaughter of a child:
"The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification..., is manslaughter, a felony of the second degree.".
Anywho I don't come on here to nitpick about law with silly people who think they know better than everyone else. That wasn't the first of my posts on this thread you attempted to debunk. Moving on, the jurors acquitted her because there was not enough evidence for the charges brought against her. I'll say it again, had she been up for something that fit the evidence then perhaps we wouldn't be having this conversation. Not knowing how Caylee died is reasonable doubt. How could they convict when they don't know how she died? They cannot say yes we KNOW she died by chloroform/duct tape. So how can they even be sure this is a homicide? I get the definitions of first, second and third degree murder but how can they convict when there IS reasonable doubt about how she died? I'm not going to argue law, but seriously.. There is absolutely nothing that actually links Casey to Caylee's death. There were witnesses testifying to what a good mother she was, how happy Caylee was when she was with her. Even if she had drowned in the pool they still could not convict her on lesser charges because there's no evidence she drowned either. I can see the dilemma the jurors had because when you don't know how someone's died how do you convict? The fact was they WERE following the law, very well actually because they found that they could not charge her because there is no evidence she died of neglect, by the hands or her mother, by accident or even of natural causes, because noone knows. It's all circumstantial.
I'm just as upset as anyone, I followed this case from the time she went missing. But, the jurors did not convict on emotion, which they're not supposed to which is why we're all sitting here dumbfounded now. One of the jurors has spoken out to say how sick they all feel, they cried and didn't want to give that verdict but they HAD to. They know damn well that woman is guilty, but in the eyes of the law there is no proof she is. I said earlier in the thread, it makes me sick they verdict they gave but I can't fault them on it, they did what they were asked to do
Some of us are lawyers and well, truly understand the law. Yes, she was charged with third degree murder and yes, one of the charges was manslaughter (culpable negligence). Look up § 782.07, Fla. Stat. and you will find the verbiage from the jury form.
I suppose 12 bumpkins can know more than an esteemed medical examiner, but that just surprises me. There is plenty that links Caylee and Casey -- the car smelled of decomposition and if you've ever smelled a dead body before, there is no mistaking it. The duct tape belongs to them, the laundry bag belongs to them, the decomposing hair in the car (that Casey drove), the computer searches, the chloroform levels, etc. Real life is not a CSI show.
You do not need to know cause of death to convict on negligence. That is my point. These jurors do not understand the law and clearly rushed through things. Not calling 911 when your child is missing is negligent. In fact, a senator is trying to pass a law to make it a felony to not call 911 when your child is missing, drowned, abducted, etc. It is neglect, no matter how you slice it and given Casey was the last person with Caylee, well, common sense prevails.
Lastly, we will simply not agree that they did what they had to do. Common sense is supposed to be used and as I've previously stated, there is no way to prove she did not neglect the child. By her own admission, evidence in that courtroom, she did not call 911 when her child was missing. Prove that isn't neglect. I dare ya'!