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State To Seek Death Penalty In Casey Anthony Case

Posted: 4:30 pm EDT April 13, 2009Updated: 10:17 am EDT April 14, 2009

Casey Anthony could be put to death for the murder of her daughter Caylee. Late Monday afternoon, Eyewitness News learned the State Attorney's Office will be pursuing the death penalty in the case against Casey.


INTERVIEW: Sheaffer On Casey Death Penalty
READ: State's Notice Of Intent To Seek Death Penalty
VOTE: Agree With Decision To Seek Death?
VIDEO REPORT: Casey Could Get Death Penalty

Six days before Caylee's remains were found around the corner from family's house, prosecutors had decided not to seek the death penalty against her mother Casey (read that notice). But on December 11, all that changed and evidence found at the remains scene has convinced prosecutors Casey deserves to lose her life for what she did to her daughter.

Prosecutors say in their notice of intent (read Monday's notice), which was filed Monday, that since December 5 sufficient aggravating circumstances exist to justify seeking the death penalty against Casey Anthony for the premeditated murder of her daughter Caylee last June.

"Based upon additional information that has become available since the waiver of intent to seek the penalty of death filed on December 5, 2008, sufficient aggravating circumstances exist to justify the imposition of the Death Penalty," the filed letter states.

The legal aggravating circumstances that would apply in this case would be that the murder was cruel and atrocious and cold, calculated and premeditated.


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Investigators found duct tape stretched over Caylee's mouth and a heart sticker had been stuck over that. Other aggravating circumstances that allow prosecutors to seek death include that Caylee's murder happened during aggravated child abuse, another charge Casey faces.

Prosecutors might also argue financial reasons were behind the murder, so Casey would not have to support Caylee. There is evidence showing Casey's mother was planning to kick her out of the house.

And, just last year, two new and relevant aggravators were added to the law. The victim is younger than 12 and the victim was particularly vulnerable because Casey had authority over Caylee.

"This raises the ante to the highest possible ante, that is, this young woman's life," WFTV legal expert Bill Sheaffer said Monday evening (watch raw interview).

Sheaffer said the decision means big changes for the defense. Since Jose Baez is not death penalty qualified, it will mean bringing a new attorney into the fold who is qualified.

Casey Anthony's legal team, though, claims they already have lawyers who are qualified to defend death penalty cases and are prepared "for a vigorous defense," said Marti Mackenzie, a spokeswoman for Anthony's attorney, Jose Baez.

"This is not a death penalty case," Mackenzie said. "We will do whatever is necessary to defend Casey Anthony from the state trying to take her life."

It will also mean, once all the evidence is considered, Baez will likely have to talk to prosecutors about a plea deal.

"No competent criminal defense attorney is going to not explore meaningful plea discussions when your client's life is on the table," Sheaffer said.

Sheaffer expects the defense will argue it's a circumstantial case, but prosecutors must be confident in their case to make this big move.

"The State Attorney's Office must feel they have a rock solid circumstantial case," Sheaffer said.

Casey Anthony has claimed that Caylee was kidnapped and has pleaded not guilty. Her trial has been tentatively set for October.


GEORGE, CINDY TO APPEAR ON OPRAH

George and Cindy Anthony will sit down with Oprah for their first interview together since Caylee's remains were found.


VIDEO REPORT: Anthonys To Appear On Oprah

Oprah will question them about the investigation into Caylee's death. Caylee's mother, Casey, is charged with her murder and has been in jail since October.

The Oprah Winfrey Show has not given an exact date for when the show will air, but said it will happen in May. You'll be able to see it on WFTV Channel 9 when it airs.


DEFENSE TEAM WANTS PHONE RECORDS

Casey Anthony's defense team is asking a judge to help them get very detailed phone records from 12 prosecution witnesses in the case, including Casey's own family members.


DOCUMENT: Defense Team Requests Cell Phone Records

Casey Anthony's attorneys want records of calls, texts and even cell tower pings from Casey's parents and her brother, as well as from the family's private investigators, Casey's friends and ex-lovers, and meter reader Roy Kronk.

Casey's lawyers say the information is "material" to her defense.


LEGAL ANALYST REVIEWS ANTHONY DEPOSITIONS

George Anthony may have to face questions under oath again. Lawyers for Zenaida Gonzalez say they may force him to answer questions he refused to answer Thursday in the civil case against Casey.


LEGAL ANALYSIS: Sheaffer Reviews Depos
VIDEO REPORT: Sheaffer On Depositions
CINDY DEPO: Part 1 | 2 | 3 | 4 | 5 | Read | Images
GEORGE DEPO: Part 1 | 2 | 3 | 4 | 5 | Read | Images

The Anthonys are accusing Gonzalez and her attorneys of jumping on the publicity bandwagon. They want to reduce the case to grandstanding to defend their daughter.

But Gonzalez say she's lost her job and her peace of mind after Casey gave her name to investigators and they questioned her. WFTV legal analyst Bill Sheaffer says Zenaida's attorneys were patient and polite, despite the Anthonys' belligerent behavior.

"It makes them look as though there's something to hide," WFTV legal analyst Bill Sheaffer said.

Sheaffer watched Cindy and George Anthony's videotaped depositions and told Eyewitness News the Anthonys' behavior is damaging to their daughter Casey's defense against charges she premeditatedly murdered her daughter Caylee two months before her third birthday.

"I'm not gonna answer that," George Anthony told attorneys during his deposition Thursday.

"Very arrogant, very combative," Sheaffer said about George's attitude during the deposition.

Sheaffer told Eyewitness News the Anthonys now appear to be less sympathetic and less believable; if the jury doesn't like them, the jury's not going to like their daughter.

"Can somebody… Uhhhhh! You're not letting me speak," Casey yelled during a video visitation with her parents months ago.

Some comparisons could be drawn to Cindy during her own deposition Thursday.

"I'm answering it and then he cuts me off. That's exactly what the sheriff's office did to my daughter. They never let her speak. You're doing the same thing to me," Cindy told attorneys during her deposition.

But, in fact, investigators let Casey talk for hours and Cindy's deposition was three hours long. They both talk in circles and they both change their stories.

"A jury's gonna look at that quite frankly and say, 'Like mother like daughter. Like father like daughter,'" Sheaffer said.

Sheaffer said it might actually help Casey during the sentencing phase if she's convicted. The jury might feel sorry for her and take her upbringing into consideration.


SHEAFFER ANALYSIS: "ACTS OF DESPERATION"

Casey Anthony said Caylee's mystery nanny, Zenaida Fernandez-Gonzalez, who also goes by the name Zanny, disappeared with Caylee. Then, she insinuated Casey's ex-fiance might be involved. Then Casey's mother told investigators Zanny might be him or even one of Casey's friends. Thursday, Cindy didn't back off of that.


FRUSTRATED CINDY: Lashes Out After Deposition
ATTORNEYS SPEAK: Zenaida's Attorneys' Comments
CINDY, GEORGE ARRIVE: See Images | Raw Video

"I think Zanny could be Amy or Jesse at this point," Cindy Anthony said during Thursday's deposition.

Cindy Anthony repeated under oath Thursday what she said to investigators in August; she first believed Zanny the nanny was real, then that Zanny could be Casey's good friend Amy Huizenga or even her ex-fiance Jesse Grund and Thursday she let those accusations stand.

Sheaffer says, if she does it at Casey's murder trial, she will make her daughter look bad.

"This is where she gets her attitude and her ability to lie with impunity and to hurt anyone who is innocent in order to advance her own cause," Sheaffer said.

Thursday, Cindy said Jesse Grund was actually the first one to mention the name Zanny. George said under oath Thursday he believes Zanny the nanny took Caylee. Even last summer, he told investigators he asked Caylee about Zanny before all this happened and got no response.

"If you asked her how, did you have a good time with Zanny today, there was never any brightness or anything like that come through her," George previously told investigators.

"There was no recognition on her part?" FBI Special Agent Scott Bolin asked George.

"No, none whatsoever," he replied.

Sheaffer says the Anthonys' inconsistent statements make them look deceitful and desperate, which makes Casey look guilty.

"It looks like acts of desperation. These people will say and do and drag anybody down that they have to," Sheaffer said.

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