During Tuesday’s hearing the judge gave the prosecution 10 days to formulate their list of aggravating circumstances for which they were seeking the death penalty in the murder trial for Casey Anthony. The prosecution completed their response and filed it today.
In their response they cited Florida Statute 921.141(5)(d),(h),(i),(l), and (m). There are five aggravating circumstances they feel apply toward the justification of seeking the death penalty for Caylee Marie Anthony’s murder.
Let’s look at these aggravating circumstances one by one.
(d) The capital felony was committed while the defendant was engaged, or was an accomplice, in the commission of, or an attempt to commit, or flight after committing or attempting to commit, any: robbery; sexual battery; aggravated child abuse; abuse of an elderly person or disabled adult resulting in great bodily harm, permanent disability, or permanent disfigurement; arson; burglary; kidnapping; aircraft piracy; or unlawful throwing, placing, or discharging of a destructive device or bomb.
(h) The capital felony was especially heinous, atrocious, or cruel.
(i) The capital felony was a homicide and was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification.
(l) The victim of the capital felony was a person less than 12 years of age.
(m) The victim of the capital felony was particularly vulnerable due to advanced age or disability, or because the defendant stood in a position of familial or custodial authority over the victim.
Okay, so in (d) we see that the state is arguing the murder of Caylee was committed while Casey was engaged in aggravated child abuse. This would indicate that the state is prepared to show that Casey murdered Caylee during the commission of an abusive act. It remains to be seen what they will be seeking to prove – will the abusive act be that of drugging Caylee? of placing duct tape over her mouth leading to suffocation? of drowning her?
Aggravated child abuse is defined in the Florida statues in Chapter 827.03(2):
“Aggravated child abuse” occurs when a person:
(a) Commits aggravated battery on a child;
(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or
(c) Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.
So, in essence, any child abuse leading to the death of a child automatically qualifies as aggravated child abuse. So since the evidence of aggravated child abuse is the actual death of Caylee, the death of Caylee occurred during aggravated child abuse – hence, the application of (d) in 921.141(5).
In (h) we see the heinous, which Merriam-Webster defines as “hatefully or shockingly evil”. The murder of your own child basically defaults to the “heinous” category for crimes. Likewise, atrocious is defined as “extremely wicked, brutal or cruel”, also as “appalling, horrifying”, and lastly as “utterly revolting”. Again, the murder of your own child fits all these definitions. And cruel is self-explanatory, basically if you’ve done something to someone that causes their death – you’ve done something cruel to them, but also of interest is the fact Merriam-Webster lists the defining characteristic of “disposed to inflict pain or suffering: devoid of human feelings”…which I think the state has ample evidence to show!
Addressing (i) the ‘Lectric Law Library’s Lexicon defines premeditation as:
With planning or deliberation. The amount of time needed for premeditation regarding an act depends on the person and the circumstances. It must be long enough, after forming the intent to act, for the person to have been fully conscious of the intent and to have considered the act.
So it is not that Casey must be shown to have thought of and planned through the murder of Caylee over some vast amount of calendar time, but that when she decided she was going to kill Caylee she realized that was her intention, she wanted the end result, and she carried out the act to get the end result – the death of Caylee Marie Anthony.
(l) and (m) need little, if any, explanation. Because Caylee was only 2 years old and dependent on Casey for her care, protection and welfare, Casey’s act of murdering this dependent child meets both of these aggravating circumstances.
So – there we have it. The reasons the state believes the jury should, if they find Casey guilty of Caylee’s murder, have the freedom to choose whether they want Casey to live her entire life in prison or be put to death.
Valhall.
Related posts:
- 200,031 Reasons I believe Casey is Guilty
- Today’s Hearing: Death or Cake
- Casey’s Predicament
- Casey’s Profile – Part 1: An Introduction
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