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Casey Anthony defense: Florida death penalty is unconstitutional
Defense attorneys for Casey Anthony say Florida's laws on the death penalty are unconstitutional.

The accused child killer's lawyers want the lethal injection taken off the table by the judge. They say State laws violate her Fifth and Fourteenth Amendment rights and also trample on sections of the Florida constitution.
255 pages of motions signed by defense attorneys Dr. Andrea Lyon and Jose Baez argue that laws on who is eligible for the dead penalty are too vague and put the burden of proof on the defense in the death penalty phase.
The State announced it would seek the death penalty in April. Miss Anthony's defense has call it an attempt by prosecutors to secure a favorable jury.
What others are saying
- DEATHWELL AS FOR AS THIS GO SHE DESERVES TO DIE SHE COULD HAVE CARED LESS ABOUT THAT CHILD SHE KILLED AND DRUGRED HER WITH NO REGARD UT IT DOSENT MATTER SOME ONE WILL KILL HERE IN JAIL CAUSE ONE THING THEY HATE IS BABY RAPIES AND BABY KILLERS I WOULD HAVE KILLED HER IF I WAS IN THERE SHE DID IT AND HER FAMILY NEW ABOUT IT SO THEY ALL SHOULD BE IN JAIL THE GRANDMOTHER TOO
- Mourad Balzourt
Here goes for the third time for posting, I have posted 11 times in 2 days and only 2 have been put up. Mourad Balzourt was sentenced to life in prison for strangling his girlfriend and burning her body on the side of the road in central Florida. The death penalty was not considered by prosecutors--as reported in the Orlando Sentinel. Casey Anthony is facing the death penalty and there is not even a manner of death. This is an injustice and it needs to be taken off the table.
By whiteknight @ 12/12/09 06:01:10 PMreport abuse
Once again I will post my own opinion on why Casey Anthony has the death penalty hanging over her head.
Read Florida Law...any child under the age of 12 who is a victim of premeditated murder, the agressor can face the DP..it's up to the prosecutor.
Caylee being a child of only 2 years 10 months at the time of her "alleged" disappearance, Casey never alerting authorities, the smell of death in that car, no credible information given by the mother, Casey Anthony...then finding Caylee's remains with the duct tape over her mouth/nose/head, chloroform searches on her computer, chloroform/syringe found with Caylee's remains, as this child was triple bagged and thrown away like garbage, IMO, screams for the death penalty charge...Although, Casey's life would better be served doing life without the possibility of parole as she watches her Bella Vita in her new prison surroundings, growing old and no party life...May she never be free to bear another child...this is my own opinion and I do know, she is innocent until proven guilty..I still haven't seen the defense's discovery. - BalzourtCaylee being a child under 12, finding her remains with duct tape over her mouth/nose/head, chloroform/syringe found with Caylee's remains, triple bagged and thrown into a watery grave while her remains were eaten and scattered by the animals, all items found with Caylee were linked right to the Anthony home screams for the death penalty. Not to mention not alerting authorities of Caylee's alleged abduction for 31 days, Casey's partying during that time, computer searches for household weapons and cholorform, the decompositional event that took place in the trunk of Casey's vehicle all add to the depravity of Caylee's death.Will Casey get sentenced to death? I highly doubt it. I do believe her sentence should be life without parole, if she is found to be guily by a jury of her peers. Casey should have to live with her actions for the rest of her natural life, never to bear another child.
The prosecutors did not seek the death penalty until Caylee's remains were discovered. If you can't see that as the difference between an adult you speak of and an innocent child who is dependant on her parent for care, love and nurturing, you need to look deep inside yourself to see why you can't see the difference? Caylee couldn't fight back, Caylee deserves justice, she didn't get the chance to start school, go on to HS, attend her prom, college and finally to be married and become a mother herself. That was all taken from her in a blink of an eye. Caylee is screaming for justice and justice will be served...either way! - whiteknightwhat we call justice is the case at task, at present,, your reference of "balzourt" is a case past,, done, over.
- Who cares about Casey? She didn't care about her daughter.
Whiteknight, you are starting to wonder me about you.
Do you have something you would like to tell us about Caylee's death?
Cindy and Casey, do you want to tell truth yet? Justice for Caylee - Casey AnthonyMourad Balzourt was convicted of strangling his girlfriend and burning her body on the side of the road in central florida and yet the prosecution did not even seek the death penalty-- they are hellbent on executing Casey--you call that jusice?
- to "Justice for Caylee" thank you for the compliment, I think perhaps we have proven too much
for the "whitenight" and the "millions" like him or her, more victory today from Judge Strickland as we march forward to trial,, - To Arizona...Good Job...Whiteknight is a desperate individual...Arizona, you are doing a great job voicing your opinion and standing in the Caylee corner of justice. Casey, Cindy, Dream Team and WHITEKNIGHT; I din't mention 'JoJo' because I truly believe he is holding on to the facts of this case and truly, once a police officer, always a police officer and I believe he will surprise many people.
Cindy on the other hand; she knows something and she is holding back and after seeing her in the courtroom (from the internet) it appears to me that she is ready to crack, either wide open to truth or mentally. Whoever knows truth, my prayer is that God will keep pricking their hearts until they speak, including Casey. - whitenight there was no threat anywhere in my last post, i merely point out that the gameplayers of deception are about out of time,, no matter what happens in the court of law casey will get hers for what she did,, there is a final judgement day for all of us,, there is also a code of justice in prison,, if not jeffrey dahlmer would still be mopping floors,, charles manson is only alive because of segregation,, it really makes no difference to me who you actually are,, i disagree with your support of the spoiled self centered person that killed an innocent child,, your boiling point is almost comical, am i mistaken or is this a public opinion forum,,
- Whiteknight...Whiteknight, who cares who you are! You are representing a murderer, that is a fact! You have not once commented on the fact that poor Caylee is dead and needs justice. You are only trying to divert attention away from truth and the Anthony's thrive on lies. That seems to be the only thing they know. So, continue your saga of stupidity. You have no idea how to be constructive in facts or reality. The dream team is doing the same thing. And the only team that is looking for true justice is prosecution. They are truly focused on this case and staying away from public forums such as this and staying locke in their offices studying and researching facts. Defense if attempting to make fame and fortune out of this case. You are wasting your time Whiteknight. Cindy is desperate to free her daughter because that is her daughter, but the bad thing is she knows truth and she is covering up for Casey. Her granddaughter is dead and noone in the Anthony family is seeking justice for her. POOR CAYLEE, WE WILL FIND JUSTICE FOR YOU HONEY! STRANGERS LOVE YOU AND WE ARE ALL PRAYING FOR YOUR KILLERS JUSTICE.
- Whiteknight, you make me sick! No compassion for Caylee out of your comments...Just threats and stupidityWhiteknight, you turn my stomach just by your threat to sue people, and tell someone posting here they will go to jail! Are you the law? Are you Superior? The stomach turns as I read your posts; there is absolutely no respect for a baby that lays in ashes in a box and had no chance at life beyond 2 yrs. old. I have tears in my eyes as I write this because there really isn't anything productive in your words. You are not one of millions that feel the same way as you. You are ignorant in many ways. No matter what is posted in the comment section, you will come back with ignorance. Casey Anthony has sat in jail for a yr and now she is feeling the pressure of guilt, she is maturing in mind seperated from the foolish people she hung with and now reality is setting in that what she did was a horrible thing. She is the type that will contend a lie until she is caught in the lie, then she owns up to the truth. The sad part of her killing her baby is there is only circumstancial evidence which leads to her killing her, and by the way there is manner of death; duct tape, suffication, and a needle full of chloroform. And as long as there is nothing to put that tape in her she will continue sobbing fake tears. But, don't forget, there is a car that belonged to her and there was a dead body in it. Whiteknight! Stop being something you aren't and you can't keep threatening like you are.
- Casey AnthonyTo the poster "arizona"--you make my blood boil. I am not an Anthony, I am not Jose Baez, etc. I am somebody like millions of others that has seen the rat pack mentality in Orlando against Casey and will not stand for it. And a word of advice-- dont threaten people unless you plan on going to jail. One more point--Mourad Balzourt was sentenced to life in prison for strangling his girlfriend and burning her body on the side of the road in central florida. The prosecution did not even seek the death penalty--as reported in the Orlando Sentinel.
- whiteknight,, now really the tape was enough in itself, you should be ashamed to continue to support this farce of innocence of casey, because the evidence was destroyed in both caylee and (balzourt) does that make the death of them any less punishable,, if the whiteknight is in fact cindy or george or even lee,, death by needle would be much less severe than the prisoners waiting to seek their own justice,, casey won't always be the protected prisoner she is at present,, after the hearing this past friday with just a small taste of what's to come,, it will be at best a tragic comedy to watch cindy and george attempt to bully and storm around the courtroom,,, time is running out folks and soon the pendulum will swing
- Casey AnthonyThis is my third attempt. I have posted 11 times and only 2 have appeared. Mourad Balzourt was sentenced to life in prison for strangling his girlfriend and burning her body on the side of the road in central florida. The prosecutors did not seek the death penalty--as reported by the Orlando Sentinel. Casey Anthony is facing the death penalty and there is not even a manner of death. This is injustice and it needs to be taken off the table.
- Whiteknight...More saga...will Casey confess to save herself from humiliation?Casey should be ashamed for what SHE put mom/dad and baby Caley through. Mom/Dad are literally torn; and up against a rock and a hard place in life. That is totally understood. Unfortunately, Cindy is either desperate or she really does know something. Casey should be ashamed of the fact that she killed a baby girl, not to mention her very own daughter who trusted and loved her; loved mommy, and mommy betrayed her, placed duct tape around her poor little mouth and killed her! Casey would do justice for Caley if she would come out of her Cell and face God and the nation, and confess the truth and the truth will make her free. Your daughter/granddaughter deserves you speaking truth Casey and Cindy Anthony. Don't do it for the public, do it for Little Caley herself. What did she do to deserve what has happened? Caley can rest and the Nation will rest once and for all if you tell the truth. It is Casey that should be ashamed, she destroyed her little girl and and lied about it and as a result the nation is very angry and sitting on the edge of their seats waiting for the day this will end with a verdict of guilty. Unless Casey confesses and saves herself from the humiliation in court; it is going to be ugly for her.
- I'm not ashamed, rather Casey should be for what they put mom/dad throughI have a lot of compassion for the Anthonys going through losing a granddaughter and now possibly a daughter facing the death penalty. The issue is truth vs lies. There just seems to be way too many lies and the Anthonys are protecting this suspect by going on tv and speaking non sense. Their daughter is a liar; thief and she murdered her daughter. Poor Caley has no one in the family defending her and the cruel act that was performed on her; DEATH. I mean, how can anyone defend a mother who lied, stole and murdered her daughter? I realize that George and Cindy have it bad; I could never imagine how bad they really have it. But, if my kids did something to my grandchildren I would not lie for them no matter what! A baby needs her family to be there to bring justice since she cant. Evidence points to Casey and there is no way out of it. The more the Grandparents speak in public the worse it is for Casey and her dream team. It really looks bad and makes many of us viewers sick to watch the grandparents lie for Casey. They spoke truth up front and now that their daughter is behind bars they are doing everything in their power to defend her!! Cindy did say at one time she didnt care about Casey and her whereabouts she only cared about her Granddaughter. Now she is doing everything to make not only Casey look bad but also herself. If Cindy hasnt done anything to be investigated then she needs to stop her ridiculous finger pointing; for it makes her look as if she is attempting to divert attention. She needs to stop lying; for it makes her look guilty also. Thats all. I am ripped inside of my heart and soul for the family of Caley because the little child was brutally murdered, and her mouth was duct taped. Many of us dont know any of the Anthonys but for some reason many people in the WORLD are in-tuned to this case because of the fact that Casey murdered her child and went to parties before resurfacing and she has lied terribly to law enforcement and claims to be a victim herself. I cant imagine Casey being innocent after all the facts that have been broadcasted so far. I cant imagine anyone else being the killer since the childs death was discovered in the back of Caseys car and yet Casey contended it was a dead squirrel. I cant imagine it being anyone but her; although the Anthonys and the dream team believe they are going to come up with someone being the guilty party in an attempt to bring reasonable doubt to the jury. If that happens, and Casey walks can the parents live with themselves knowing she killed their own Granddaughter? I believe the State has way too much compassion for that to happen. Finally, Im not ashamed! Casey should be.
- Casey AnthonyCaseys innocence will be proven. To the poster Justice for Caley--you also posted that Cindy should be investigated but forgot to put in a reason--because there is no reason--Already responded to your post earlier today--You should be ashamed of yourself. This family has lost a Grand daughter and now has to deal with their Daughter facing the death penalty because of this rat pack mentality.
- To WhiteknightWhats demented is a mother killing her child. Nancy Grace had nothing to do with Caylees death, she is only standing in her corner defending her because she has no voice to speak out. Nancy has nothing to do with Prosecutors decision to follow the law of the land and fight for justice for a baby and we all know there are consequences for killing someone. Nancy is a good mother and is very proud of the two lives that were brought into this world. Casey is not a poor innocent girl. The Anthonys have done everything to make a profit off that babys death and just to read the words of suing people while they are attempting to bring justice for Caylee makes me sick! The public deserves to be informed; HEY, we are paying for this trial, we should be informed, and truth is what we all ask for. Casey Anthony has tainted herself by lying, killing and stealing. Watch out Nancy, youre next for blame? Along with Kronk, Zanny, ex-boyfriend etc. Is it acceptable to kill a child? The law dictates if you kill someone you will suffer the ultimate consequence; sometimes DEATH. She knew when she killed that baby that there would be a consequential punishment. Is it ok for Casey to lie to the law officials and send them on goose chases and cause a huge deficit in taxpayers pockets? Casey made this case her own death penalty, we the people didnt do it, and the law didnt do it. Lawmakers and the people of Florida are taxpayers and all will suffer this expense. Lawmakers want Casey to confess the truth hence save Florida from the debt. Vendetta? The State isnt looking for vengeance; rather JUSTICE!! Whiteknight I must say there is severe selfishness going on, why arent you defending baby Caylee? Give the child who never had a chance some respect, and honor her by finding justice. Remember this; it was Cindy that reported the missing child, not Casey, She sent the police on a goose chase to the Apts and Studio etc. She forged checks, stole money etc pathological liar, and murderer, she had mom/dad believe she was working when in fact she was partying. Cindy isnt much of an honest person either; she has been lying as well. Womens rights? What about Caylees right to live? So, only women should be protected from the death penalty and get away with killing? Thats barbaric. Casey isnt a sacrificial lamb by any stretch of the imagination. To say Florida will go bankrupt...to save Casey is BARBARIC and SELFISH! I am a Grandmother of 3 boys and if my kids did anything to them babies, I would fight for justice regardless of who did it. I love my kids, but they knew from childhood there are consequences for everything you do in life. Did Casey develop a conscience since there is a lot of deception and finger pointing in this family?
- Nancy GraceNancy Grace had nothing to do with the decision of the State Attorney's to put the DP on the table for Casey Anthony. Casey Anthony's actions put the DP on the table. Finding Caylee's remains in her watery tomb, with duct tape around her mouth/nose/head is what brought the DP on the table. Casey's actions as Caylee was allegedly abducted added to that decision. Don't blame Nancy Grace, Zanny the nanny and Roy KronK! It's Casey's own actions that brought this decision..
As Casey's parents you should be telling her to come clean, save yourself, only Casey can save herself from death...which would be much kinder to her than Caylee's death was for Caylee..
If you support your child, if you love your child...BEG her to come clean and save the gory details of Caylee's last moments alive..
I am a grandmother to three beautiful girls. If a child of mine hurt anyone of them *which wouldn't happen*, my voice would be for the grandchild taken for selfish reasons, for vindictive reasons, for the hatred of her mom..Caylee's great grandma said it best. Casey hated Cindy more than she loved Caylee...end of story! - if she would just be truthful one time about what happened, perhaps she would live a long life,, but casting your blame on people and altering their lives forever,,(Kronk and Zeneida and the next) she will stop at nothing to attempt to portray innocence, i believe justice would be served with her alive in prison for the rest of her natural life, only the truth will set you free,, and if that takes 80 years in a prison then so it should be done. She should be alive to see the suffering she has caused her family,and God forbid they have helped to cover this up for her, then they too should suffer, the longevity of the truth eating at her would be enough,, the lawyers aren't worth the sweat off my butt to even mention
- WhiteknightYou should all know that Whiteknight is Cindy...just be aware.
- Justicewow! 255 pages of motions. We'd probably end up with a whole slew of new laws to take Casey of the hook if it were up to Mr. Baez... Taking away death penalty might set precedence for other charges pending, not to mention that justice will not be served.
- pathetic caseywell to start off this is a ridiculous case, i dont care how much money it costs anyone including myself to put casey to death i dont care about kronk, jesse, tony, amy or anyone else that was not there child, it was on casey to report her missing but she waited 31 days i cannot get over that fact and i dont think any juror will either!!! ok lets give crazy casey the benefit of doubt maybe she didnt kill caylee(doubtful) she knows who did!!!!! she was TOOOOOO CAREFREE!!!!! dancing, tattoo's all while your child is missing???? BULLCRAP!!!!! casey knew where caylee was and it either was in her trunk or already in the woods and as for the excuse she had a list zanny gave her to follow??? PLEASEEEEEE!!! if someone took my kid im NOT FOLLOWING A LIST TELLING ME TO GO TO TARGET AND FUSION WHILE SOMEONE HAS MY KID!!!!!! and for god sakes what kidnapper is goin to take your child and follow you around to make sure you follow a list????? NOT ONE!!!!!!! casey wont ever tell the truth so why bother fighting this anymore its all about her going in circles to try and throw off the jury she left her child missing for 31 DAYS!!!! WHILE SHE PARTIED AND GOT TATTOO'S SHE WASNT WORRIED ABOUT CAYLEE YOU CAN SEE IT IN THE PICTURES SO I SAY CUT TO THE CHASE FRY HER AND GIVE CAYLEE JUSTICE AND THE WORLD BE DONE WITH THE BABY KILLER CASEY!!!!!!! JUSTICE FOR CAYLEE MARIE!!!
- Whiteknight opposes any thing that puts his "poor Casey" in harms way. He cares nothing for the truly innocent little girl that was horribly disposed of after being carried around in her mommy's trunk for days. He hates the evidence and never deals with any of it... "Millions of people believe she's innocent and that will be proven" is his mantra. If so why is he the only one posting on here in her defense? He is so wrapped up in his fantasy that he and Casey will be together at some point after he makes sure the world knows how he single handedly blogged the non believers off the websites! Keep it up Whiteknight we love your entertainment value.
- white knightCasey executed a female by injecting her with poison....a 2 year old female at that.....with duct tape over her mouth so she couldn't scream or breathe her last breath.....how wrong is that. Think before you talk
- Whiteknight....anyone who puts duct tape around their babies mouth and chloroforms her to death is demented, not the people who want her to pay for it. As to George and Cindi, the public is not doing this to them, their charming daughter is responsible for their pain. Justice is not a vendetta and Casey is no lady!
- DPwhat is barbaric is killing your child when you have so many other alternatives. And dont kid yourself whiteknight; she did kill her child. But I dont need her to die for it, if she receives life it will be good enough for me.
- WhiteKnight commentHow chivalrous of you. Why is the death penalty off limits for a woman? Why are you going on a rant about the barbaric nature of executing females. If Casey is found guilty of murdering her young daughter and the jury sentences her to death than justice is served. What is amazing to me is that by your own words you have put women on a pedestal. Women are special and wonderful but they are sinners by birth just like men. Women who have children are supposed to love, cherish and care for them hell or high water. Casey by most accounts failed miserably as a mother, and showed very little regard for her daughter when she "went missing." From my perspective Casey betrayed her womanhood and her motherhood. This human being deserves her day in court and hopefully justice will be served. Instead of ranting about this, you should be out seaching for lost children or advocating for the rights of battered women. Do something productive besides going on like a loon.
- If she didn't do it she has nothing to worry about. If she is found guilty then fry her. She is being charged of murdering a child. If she is guilty she needs to die a slow painful death.
- "Death penalty is unconstitutional"HA!
And blaming the meter reader is "constitutional"
I think the defense is just throwing everything they can think of to try and stall the case or get it thrown out altogether.Blaming everybody else including the meter reader, claiming that casey has been treated unfairly etc. The only thing that is "unconstitutional" is how these guys do their business. - Casey AnthonyThe death penalty must be abolished. Anyone who thinks it is fine to strap a 23 year old girl to a bed and inject poison into her is demented. Back in March Nancy Grace was revelling in the thoughts of Casey being executed and needed to know how the death potion worked and screamed, yelled and bitched until the prosecution put the death penalty on the table and at the same time portraying herself as Mommy of the year. Who cares about what this is doing to George, Cindy and Lee and innocent Casey? People like this will be sued for every penny they are worth-this kind of crap is meant to taint a jury pool so Casey gets a wrongful conviction--as Bill Oreilly asked a couple of months ago--Nancy had this story on 206 times--and asked if she thought it would taint a jury pool--the response was no. Is it acceptable in Florida to murder women? Is it ok to spend between $2 and $7 million dollars extra to make it a death penalty case? This is what the lawmakers in Florida want--the people will foot the bill. People are losing their jobs, their houses, and yet they are willing to throw away millions of dollars to carry out this vendetta--it is time the womens rights groups, the anti-death penalty advocates and the people call their government representatives to say no to the barbaric killing of women, no to spending the money for the death penalty. Casey will not be your sacrificial lamb--this will be fought by every legal means necessary even if Florida goes bankrupt in the process.
- Death PenaltyShe should die exactly as Caylee did. With duct tape on her mouth and the whole works!
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