Florida Attorney General Say's Bond not "Unreasonable" in Casey Anthony Case

July 30, 2008

Florida Attorney General Bill McCollum issued a written response today to an appeal request that Casey Anthony's attorney, Jose Baez, filed on July 24. Within the request, Baez had asked that Casey be released from jail without bond, so that she could aid in the search for her missing 2-year-old daughter, Caylee.

"Respondent recognizes that it is well settled in Florida that every person charged with a crime is entitled to pretrial release on reasonable conditions," McCollum wrote in his response. "… The State is also aware that excessive bail is tantamount to no bail at all ... However, there is also a presumption of correctness as to a trial court's decision and a petitioner has to show an abuse of discretion by the trial court in its determination."

The response also cited Florida Rule of Criminal Procedure, which reads in part:

"In determining whether to release a defendant on bail or other conditions, and what that bail or those conditions may be, the court may consider the nature and circumstances of the offense charged and the penalty provided by law; the weight of the evidence against the defendant; the defendant's family ties, length of residence in the community, employment history, financial resources, need for substance abuse evaluation and/or treatment, and mental condition; the defendant's past and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings; the nature and probability of danger that the defendant's release poses to the community; the source of funds used to post bail; whether the defendant is already on release pending resolution of another criminal proceeding or is on probation, parole, or other release pending completion of sentence; and any other facts the court considers relevant."

The Attorney General's office cited two case examples of the law, to show that "bond is not excessive simply because it is high" and also recapped much of the testimony that was given during Casey Anthony's bond hearing, including arguments that were presented by prosecutor Linda Drane-Burdick.

"The risk of her flight if she is released on some low bond increases exponentially," Drane-Burdick said. "Essentially now, she's heard this additional evidence [found in the trunk of her car] and that she is their person of interest in what looks to be a homicide investigation. There are some things that I could point out to the Court that are probably rather obvious. Even though she has ties to the community by virtue of the fact that she has lived here a long period of time, those ties are very tangential. She doesn't appear to have a job or has had long-term employment. She really has no reason to stay here if, in fact, her family feels that they hold some weight over her, they apparently, to date, have not been able to get her to tell them anything about her daughter other than the lies that she has already told to the Orange County Sheriff's Office."

The Attorney General's response concluded by stating that attorney Baez "failed to show that such action by the trial court was arbitrary, fanciful, or unreasonable."

Read the Attorney General's Response

The Fifth District Court is scheduled today to review the appeal request and response.

Related Content:
Full Coverage : Casey Anthony Case

Comments

[Rochelle]

This woman deserves to get the death penalty. There should be no immunity whatsoever. No one can bring the child back and she will not talk. She was waiting until the body was fully decomposed so there would be no tell tale evidence. She has lied along knowing just what she had done. It was premediated, shovel, lies upon lies, dirty dancing, running around and living with man after man after she murdered this child. She is using everyone again. She did not deserve freedom, the dumb dope that got her off evidently does not listen to cases like Susan Smith, Andrea Yates & Diane Downs and many others. They all deserve the death penalty. Why give them consideration. They know right from wrong. A male would get the needle so why not them? This woman deserves it more than ever SHE LIED ALL THOSE DAYS about some baby sitter that never existed. She told so many lies even to the day she got out of jail. Now, you can believe she will turn coat and claim accident because there will be not evidence left after decomposition. She is not insane,she knew what she was doing. She was jealous of the love her parents had for that child. She wanted to hurt them. She has hurt them more than anything or anyone could have, now let her burn...