Florida Prosecutors Seek Death Penalty in Caylee Anthony Case

April 14, 2009

"The State of Florida hereby notifies the Defendant and the Court that, 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 pursuant to Florida Statute 921.141, as to this Defendant in this case. Therefore, the state will be seeking the imposition of the Death Penalty, should the Defendant be convicted in the above referenced matter."

What you just read is taken from a "Notice of Intent" that was filed Monday by Assistant State Attorney Linda Drane Burdick, in regard to the case against alleged child murderer, Casey Anthony, accused of killing her two-year-old daughter, Caylee Anthony.

Read the Notice of intent

Monday's development comes as a bit of a surprise, as it was just three months ago that prosecutors announced that they would – in the event of a guilty verdict – be seeking life behind bars for Anthony. The notice mentions "sufficient aggravating circumstances"; however, it does not detail what they are.

A full list of aggravating circumstances contained within Florida Statute 921.141 can be found at www.leg.state.fl.us. Chief among them are:

• The capital felony was especially heinous, atrocious, or cruel.

• The capital felony was a homicide and committed in a cold, calculated, and premeditated manner, without any pretense of moral or legal justification.

• The victim of the capital felony was a person less than 12 years of age.

Therefore, it is possible that a jury can consider any of the above circumstances, if Anthony is convicted in the first-degree murder of Caylee.

There could be any number of reasons why prosecutors have put the death penalty back on the table; however, it is the belief of some legal analysts that the move was a result of Anthony's failure to accept a plea deal.

"I suspect that one of the considerations the state made was that there may be an offer for something lesser, such as life in prison, if the death penalty is taken off the table," Orlando defense attorney Mark Nejame said in an interview with WDBO.com.

It is unlikely that any deals will be made; however, given the past history of this case, anything is possible.

Anthony's current lead attorney, Jose Baez, is not certified to handle a death penalty case. His office, however, does not seem concerned by the new development, as is evident in comments that Marti Mackenzie, spokeswoman for Baez, made to Orlandosentinel.com.

"This is not a death-penalty case. We will do whatever is necessary to defend Casey Anthony from the state trying to take her life," Mackenzie said, adding, "We already have death-qualified defense lawyers on our team and are prepared for a vigorous defense."

Casey Anthony's trial is scheduled to begin in October 2009.

Discuss The Caylee Anthony Case

Full Coverage : Casey Anthony Case

Photo Credits: Casey Anthony Court: Associated Press; Jose Baez: Associated Press

This material may not be published, broadcast, rewritten or redistributed without permission from Discovery Communications. All quotes must include a link back.

Comments

[briana]

FINALLY!THANK GOD!THIS EVIL WOMAN CARED NOTHING FOR HER DEFENSELESS DAUGHTER,NOW SHE IS GOING TO DEATH ROW!JUSTICE FOR CAYLEE!I'M SO ANGRY AT GEORGE AND CINDY....THEY ARE BOTH AWFUL PEOPLE...THEY KNOW CASEY KILLED THERE GRANDDAUGHTER AND THEY ARE STILL LYING FOR HER!!!!EVIL PURE EVIL!!!I JUST REMEMBER CINDY SAYING SHE MAY HAVE LIED AND SAID MANY!MISTRUTHS BUT SHES NOT A MURDERER...OK WELL SHE BLAMED IT ON ZANNY THE MAKE BELIEVE NANNY WHO CINDY SWORE SHE NEVER MET AND NOW IT'S 6 OTHER PEOPLE THAT HURT HER CHILD
?GOOD LUCK THAT IS NOT GOING TO STICK WITH THE PEOPLE OF FL!

[Cheryl Meril Jenkins & Co.]

I must say I don't think a jury is going to go for the death penalty on this one.

[j stephen h]

I think she deserves the death penalty considering the malicious elements involved in the act. (her computer was said to reveal evidence that she was looking up various methods of strangulation and the like, pointing to premeditation, and control during and after the fact....she even went so far as to Hide the body in the woods, or had an accomplice do so. That means that she understood what she did was wrong....often a woman who freaks out and kills a child due to mental disturbance wont go to such lenghts in the commission of their crimes...they're not as organized or malicious/calculated....yeah she deserves death. I'd say her motivation was a self serving one in which she killed the kid in order to have a "fresh start" in life. She began seeing the child as an obstacle holding her back from living a carefree life without such responsibility.

[John]

I figured they were trying to force a plea deal.

If she continues to refuse I'm guessing she either had someone else do the crime with her full knowledge and consent or she did accidently kill the girl and figures she can get off light because of it. Either way, I'm still convinced Casey had something to do with Caylee's death.

[Danna]

I was more surprised when they took the DP off the table to begin with although I question the decision to bring it back at this point. Hopefully, the jurors are not swayed by this possible outcome.

[Joe]

A mother killing her own toddler. I don't think the jury will be merciful to her at all.

[Becky Tinsley]

I have watched the coverage from day one and I have never seen a mother of a missing child behave as she does. Looking at Sandra Cantus mother hardly able to speak should have been the way Casey acted but all I see is self adjustment of her looks and smiling at the people around her. If my child were missing and they are grown, I would literaly got nuts.

[Kim]

John, Do you think the duct tape around Caylee's mouth was also an accident. In order for the defense to claim it was an accident KC will have the stand and explain what caused the child's death, she will have to admit she caused her death and then tried to hide her body.

I for one am glad that Casey is facing death. This girl has never had to face any consequences for her actions and finally she is going to have to go to trial and hear all her lies live, watch her family take the stand, her friends, the evidence against her and then she will have to face the jury.

For the very first time she is NOT in control and all of her 11 lawyers don't stand a chance.

[SumrLilli]

Although I think this is a crime that constitutes the death penalty, it is nice to think about Casey left alone with the general population in the prison. That, in my opinion, would be a cruel & unusual death penalty. Somehow I don't think the chicks in the slam would take well to her..........

[CAROLINE FARRINGTON]

I AM REALLY UPSET TO HEAR THE DEATH PENELTY IS BEING PUT BACK ON THE TABLE FOR CASEY BY THIS BARBERIC STATE.
I COME FROM THE UK AND THIS STATE OF AFAIRS WOULD NEVER HAPPEN HERE AS WE DO NOT HAVE CAMERAS IN COURTS AND MEDIA REPORTING IS LIMITED TILL AFTER A TRIAL.
THIS THING HAS TURNED INTO A CIRCUS,AND I KNOW MANY WOULD NOT AGREE BUT I DO HAVE SYMPATHY FOR CASEY AND HER FAMILY.IF SHE DID KILL CAYLEE I THINK SHE WAS SO MIXED UP,HAVING A CHILD SHE NEVER REALLY WANTED AND TO SCARED OF HER MUM TO STAND UP TO HER AND PUT CAYLEE UP FOR ADOPTION.IN ONE OF HER FIRST TAPED INTERVIEWS CASEY SAID NO IM NOT SCARED OF MY MOTHER,IM TERRIFIED OF HER.I KNEW THEN WHAT KIND OF MIXED UP DEPRESSED LIFE CASEY HAD WHICH WENT WORSE WHEN SHE HAD CAYLEE,I THINK CASEY AFTER THE FAMILY ARGUMENT JUST CRACKED AND ALL THOSE YEARS OF HURT CAME OUT,AND CAYLEE LOST HER LIFE.
AFTER THIS HAPPENED SHE WOULD HAVE FELT RELIVE FOR SOMETIME KNOWING THOUGH SHE HAD DONE WRONG,SO SHE WENT ON A BENDER OF CLUBS PARTYS PROBERBLY DRUGS TO BUT IT CANT BLOT IT OUT FOR LONG.CASEY WILL NOW SIT IN HER CELL AND THINK HOW DID I GET TO THIS,IT MAY SEEM SELFISH BUT ITS TRUE,SHE WILL WISH SHE COULD GO BACK IN TIME TO BEFORE CAYLEE WAS BORN.
I REALLY URGE PEOPLE PLEASE DO NOT WISH THE DEATH PENELTY ON CASEY,SHE IS LITTLE MORE THAN A CHILD HERSELF,A VICTIM OF A CONFUSED UPBRINGING.PLEASE FIND IT IN YOUR HEART TO FORGIVE CASEY FOR THE CRIME SHE IS ACCUSED OF,BECAUSE IN LIFE AT SOME POINT IT COULD BE OUR DAUGHTER,SON,OR FAMILY MEMBER IN THE SAME SITUATION AS THE ANTHONY FAMILY AND NO MATTER WHAT THEY HAD DONE WE WOULD WANT UNDERSTANDING FOR THEM.

[MARIA]

This whole case sickes me why are so much exceptions being made for this BABY KILLER. It is simple. A MOTHER KILLS HER OWN INNOCENT TWO YEAR OLD BABY GIRL,SHOWS NO CONCERN FOR HER BABIES WELL BEING OR LIFE AND MOST OF ALL HAS SHOWN NO REMORSE AND HAS DEMONSTRATED CONCERN ONLY AND ULTIMATELY FOR HERSELF. I have two children who are a year apart; and I have suffered from postparum depression and had very little support, but if it ever got to the point where i hurt my children i would be turning my self in out of remorse. THE LACK OF REGARD SHE HAS SHOWN FOR HER OWN DAUGHTER'S LIFE SHOULD BE SHOWN FOR HER OWN LIFE BY THE PUBLIC. I hope the jury will see it for what it is and provide this defenseless innocent beautiful baby who had no other choice but to trust her mother some JUSTICE. I HOPE THE JURY SENDS A FIRM A CLEAR MESSAGE THAT THESE DISPICABLE ACTS AGAINST THE MOST VULNERABLE MEMBERS OF OUR SOCIETY WILL NOT BE TOLERATED. CASEY WAS AN ADULT AND HAD A CHOICE CAYLEE NEVER STOOD A CHANCE WITH THIS PSYCHOPATH AS HER MOTHER.

[Velma Geyer]

I am so blown away in how the whole system works. This precious little girl was not given the chance and had NO one to defend her or fight for her right to stay alive why should a COLD blooded murder have these rights. As for George and Cindy I can't even imagine the devastation that they have endured thru losing a granddaughter and surviving that fact that their own daughter has performed such a horrendous act. I really feel for these people and everyone talks about how angry these people are, I would be also, wake up one day and nothing is your own anymore and the loss they are going thru I can't comprehend. I am very sorry for their loss. As much as everyone want to condemn Casey, to George and Cindy, she is their daughter. George and Cindy are not on the outside looking in they are right in the middle and may god be with them.

[Tom]

I don't understand the compulsion to wish for anyone's death. If Casey did cause Caylee's death it is a horrible tragedy indeed. She should, if convicted, be imprisoned if she is determined to be a further threat to society. We pretend to detest murder and to show just how wrong we believe murder is we now want to murder Casey. How hypocritical is this nation of animals. I'm sure there are a number of you who have relatives in the Air Force who dropped bombs in Iraq and killed not one but thousands of innocent women and children. Yes, they slaughtered tiny children and elders who couldn't get out of the way. We kindly pretend that we care and shrug it off as collateral damage. In other words, oops! So sorry we killed your family. We call them hero's and praise their skilled accomplishments. It seems that as a nation we approve of mass murder but God help some sick individual who makes a horrible mistake in judgment.
Caylee is in God's hands and she will be fine. If he needed our help he'd ask for it. Killing Casey won't vindicate Caylee nor will it bring her back. It will not and can not solve anything. It will just create yet another murder in a never ending chain of senseless murders

[SumrLilli]

Caroline: Do you think it would have been better for Casey if Cindy had just duct taped her mouth shut after drugging her & left her in the trunk of a car to suffocate to death when Casey was just shy of her third birthday? I'm sure Cindy went into motherhood with some issues that could "justify" that behavior just as Casey did. We all have our individual choices to make regardless of where we come from or what we've been through. And Casey made hers as did Cindy. No matter where you live, I hope that there are laws to protect the sanctity of human life when the choices of individuals don't.

Which brings me to

Tom: You are right. I felt uncomfortable after my last post indicating that the gen pop would offer Casey a death penalty that was more just. That is the result of me having a bad day. I, like you, believe that one death does not justify another and that - although every society needs repercussions for unlawful behavior - taking anther's life does not need to be amongst those repercussions. I stand corrected and appropriately humbled.

[James]

Nothing like adding the death penalty to add another twist to an already unbelievable story.

There is a significant difference between the actions of the United States military and that of Casey Anthony. While Tom raises some excellent points of who the victims are, and they are no less important than our own citizens, they are victims of war, not crime.

Casey Anthony represents the most mentally ill, diabolical, and twisted of our society. Our military forces, while you may not agree with their mission, represent the opposite.

There will always be rare occassions of abuse and misconduct under the guise of war, and those cases are and should be prosecuted.

To compare Caylee Anthony to the thousands of innocent victims of war around the globe minimalizes those victims as well as the actions of Casey Anthony.

As does suggesting Casey's actions are a horrible mistake in judgement.

A lapse in judgement is running a red light, or forgetting to pick up milk on the way home.

Her actions are those of a calculation remorseless cold blooded killer.

She is sick, whether or not she deserves the death penalty will be left to a jury with ALL of the information available.

[Kim]

"Caylee is in God's hands and she will be fine. If he needed our help he'd ask for it. Killing Casey won't vindicate Caylee nor will it bring her back." - Tom

Caylee deserved to grow up and go to school, play in parks, have friends, fall in love, get married and have children of her own to love and protect. SHE IS NOT FINE!! She is DEAD and possibly died a terrible death in the trunk of her mother's car.

To Caroline - CASEY is NOT a child she is a grown woman with many options, she could have given Caylee to her mother, she could have ran away herself, she could have done many many things, instead she "allegedly" chose to kill this child in a terrible way (read up on how this child was found, duct tape so tight around her mouth that her hair had to be cut to remove it) which means at one time she was screaming and the tape was placed to keep her quiet.

Casey "allegedly" murdered a child who did not stand a chance, who depended on her for protection, she did this for horrible selfish reasons and ignored her very many options.

Caroline you feel sorry for Casey? I feel sorry for Caylee who did NOT have to die.

The death penalty debate is something I will not argue with as to me I at times disagree with it.

But you can't say this woman deserves pity of a pass. She MUST and WILL face the consequences of her actions.

You wouldn't feel the same if it was your child. And what if she is freed and has another child later on in life and decides she made a mistake and does not want that child, will she kill it?

[april]

all i want is for her to fear for her life i want to see fear on her face like the fear that baby had in her little face that is all i ask for but with her it's not likely she thinks she is a martyr for the wrongly accused soon she will be one for the "wrongly" convicted notice sarcasm i just want her to suffer and feel fear and pain like little caylee did that's all death is too easy unless it hurts.

[Bettttt1]

I would suggest if it is a plea deal, she take it because, a jury of her peer's will see straight thru her lies just as we do. and you are right killing casey won't bring caylee back (BUT) justice will be served, for a child that could not defend herself.

[JP]

SumrLilli
Please worry about your coutry turning into Londonstan!
Leave our justice system to our citzens.

Inject her!

[Tmaximus]

from www.orlandosentinel.com

“Terence Lenamon, a Miami attorney who was once part of Anthony’s team, gave prosecutors a report in November outlining why the mother should not receive the death penalty. His report cited Anthony’s erratic behavior after her daughter’s birth, suggesting signs of emotional or mental distress. . .”

He “...part of Anthony’s team” discussing her state of mind at the time of the murder . . . .which makes it rather clear the legal team is informed and convinced she did murder Caylee as revealed by their own documentation filed with the state

...which at the time that document was filed: Caylee was still "only missing" as far as the team and Anthony clan was insisting to the rest of the world.

It's one thing for the knee-jerking chatty defense team to still be claiming "she's innocent" whilst the legal team files documents claiming her mental state is the key to why she's not guilty of a murder that was not known to be murder until Caylee's remains were found.

It was the family clan and Anthony legal team who insisted the child "was missing" and the Anthony family at the time was still costing the tax payers millions in their fraudulent search for Caylee all the while having the legal team file excuses as to why the child was killed.

[connie]

I believe in the death penalty, I hope the jury finds she be put to death!!! If the jurors they pick believe in the death penalty, then she WILL be sentenced to death, as she should be...even though it will take many years to get it done.

[honey]

Caseys' lack of emotions for her daughter, will be looked at by the jury and they will put her to death for that alone!! I've seen it happen!

[connie]

I hope Casey is sitting in jail, worried about her life!!! I hope it screws with her mind at the least, and her lying family...even O.J.s dream team couldn't get Casey off!!!

[Gracie]

Touche', Tmaximus,

I was surprised that the DP came back - I am not so much a proponent of it, but I have nothing against it... people that face the death penalty can NEVER repeat their crime... it is a deterrent to those that think about committing the same crime and a guarantee that the one can't again.

Why I don't honestly think this was the right step in this case is because I feel a more appropriate punishment for Casey would be to be left in solitary (protective) confinement for life. What better punishment for an megalomaniac than to take away their audience and power over others?! Is it harsh enough? NO!! But it takes away her voice and ability to be a victim.

What scathes me is the times over this whole ordeal that I've felt sorry for the g/parents. I still do on some levels. But the actions and stance they have taken (the video release of Zanny's depositions) is unconscionable.

I wonder how much information coming out now through these depositions, connecting with previous interviews and statements, is what is really bringing this new level of penalty.

And, here's another rub: Baez can't do death penalty cases... Casey has a private dream team... she wants the public to pay for it all... where can the taxpayers find relief? If you have Michael Jackson/OJs/Phil Spectors' money - sure - hire the best you can afford. If you don't have two nickels to rub together, you go to public defense. Or let the minions that are buying her crackers and coke every day pay for her defense.

Sadly, imho, the folks deciding this case will probably never hear all the evidence and this will end up a "political-media anti-prosecution case" instead of a "defending your murderer case". I just hope it blows up in the Anthony's/Baez's face.

~~Gracie

[briana]

Ummm.....to all that think it is barbaric to have the death penalty...you need to read what she is accused of her lies and what the state says she did to her baby...I say baby because she was only 2 yrs old..I beleive you kill a child you need to be put to death!did anyone hear about that one tree hill episode that was on her computer?The resemblence to the make beleive nanny Casey made up is so close in resemblence to the actress who plays a nanny who kidnaps a child!...it's eerie...zanny the nanny was really xanax maybe she could not spell or just sounded the same in rhyme-zanny the nanny hmmmm thats just sick in itself having xanax watch your child in the car while you are sleeping around and doing drugs that is sick!..that was caylees babysitter!George and Cindy know the truth they are trying to lie but you can see through it!this woman wanted her daughter out of the picture so she could party,sleep around,and be free...I bet she wishes she just gave the baby to her parents now...

[Carol Schmidt]

I don't think Casey will be sentenced to death. I also don't think she will take a plea deal. Everytime I look at her, I see Scott Peterson. No remorse, just feeling sorry for herself because she got caught. I like George Anthony, but I can't stand Cindy. I think like Mother, like daughter. She was so jealous of her mom's relationship with Caylee, that she would do anything to keep Caylee from her. Cindy acts like she gave birth to Caylee. I just hope that justice is served and she rots in prison.

[j stephen h]

I agree Lilli, everything points to premeditation. Even her actions in court show a psychopathic manipulator who uses her sex appeal to mask the Inner absense.

She is very contrived, and rehearsed..i'm no body language expert, but even a layman can see the posturing.

The prosecution must have a strong case too i would imagine, to go for the death penalty. If their investigators suspected it was just an accidental death, and had evidence to support it, they would have went with a lesser criminal negligence charge or some kind of manslaughter rap.

Many in society have a false impression of Prosecution in such cases, their media fed minds like to glamorize the offender, and they think that the System is trying to pin the tail on the Scapegoat.

This isnt the case for Miss anthony.

[Phil]

I don't know if it's just me but has anyone noticed a physical resemblance between Cindy Anthony and Roy Kronk? A few other people said they also see the resemblance.

[briana]

phil:I actually do...if you find anything out let us know...thanks

[Jana]

This is for Caroline Farrington. You can just bring yourself right back to the UK and leave this "barbaric" country. What are you doing here if it is so wonderful in the UK? And you better listen to TV segments you wish to quote more carefully in the future. Casey did not say she was "terrified of her mother." What she said was that she was "terrified" to tell her mother Caylee was missing because she knew her mother would "react the way she is now." That "reaction" by the way, was calling the police. And you feel "sorry" for this living, walking and lying abortion, Caroline? I feel sorry. Sorry for US. Sorry that citizens of the US have to deal with foreigners like YOU, moving into our country and then telling us we are "barbaric." I have been against the death penalty my entire life but am all for it now. Go back home, Caroline. Where the people aren't the "barbarians" you accuse the citizens of the very country YOU CHOSE TO MOVE TO.

[Jill]

I'm curious about the Gatorade bottle the investigators found at the scene. There was a white subtance and a syringe rolled up in tissue in the bottle. I'm wondeing if Casey injected anything into Caylee. Has anyone heard anything about the bottle? Thanks.

[Terri D Caballes]

I love my children but they were taught right and wrong! It seems like the Anthony's have been making up excuses for their daughter her whole life. She was spoiled and coniving and cant take responsiblity because she truly is sick and believes what she says. I think her parent god love them are such denial. If one of my boys did this to one of their children, my grandchild It would be the worst thing imaginable but they would need to pay the consequences of their actions. I would never forget or stop loving them but would have to come to terms that they werent well and need to be punished for such an act. Casey has never shown remorse!!!!!!!!!! and if the family wants to live in denial then god help them!

[Melissa]

I was a single mother until 7 yrs ago my son is 16 years old now and I never as a single Mother had I ever nor would I have ever thought of doing anything so hanus in my life MY SON IS MY LIFE!She should be put to death and he mother and father ought to be charged with party to a crime or ading and abetting..I don't think they should get away scott free either their just as guilty in my eyes and it saddens me to say this but TRUTH is TRUTH!! those parents pretty much saying to ua they are condoning her behavior by not coming forward in the in the first place...Now she cries well it not for Her daughter it cause she was caught no remorse she is a very sick woman that no meds can help,unless it to sleep permenatly thats all the help she should get!!!!!

[Sheller]

Just noticed today, the law enforcement officer that responded to the "stolen gas cans" at the Anthony's home was none other than Richard Cain. Just an unusual coincidence. Also amazed at the twisting of the truth done by Cindy Anthony, it is no wonder that Casey sees nothing wrong with fabricating situations to fit what's needed. The stupidity of this mother, accepting all these lies from her daughter for years.