Casey Anthony trying to wipe the slate clean
Like a volcano that keeps spewing, Ms Anthony just wont go away. Now Mr Mason is trying to get the 4 misdemeanors for lying over turned. I guess you all know the reason Mason filed another appeal…delay…delay…delay in hopes the appeal will not be resolved before Casey would have to take the stand in January/12 when she has to appear in the Zenaida trial. Read on…
ORLANDO, Fla. (MCT) — Casey Anthony’s appeal of four misdemeanor convictions in her daughter’s death took a step forward Monday, with her defense revealing its arguments for why she shouldn’t have been found guilty.
Anthony was acquitted of all major charges in the death of 2-year-old Caylee, including murder, but was convicted on four counts of lying to law enforcement, a first-degree misdemeanor.
The appeal is notable in part because of the effect it has on lawsuits Anthony faces. Zenaida Gonzalez, a woman whose name is similar to the nanny Anthony said kidnapped Caylee, and Texas EquuSearch, the search group that scoured Orange County, Fla., for the girl before she was found dead, are suing and want to question Anthony.
However, Anthony has deflected most questioning, citing her constitutional right against self-incrimination during the pending appeal.
After several delays, Anthony’s lawyers filed their initial brief with the 5th District Court of Appeal on Monday. Their arguments should be familiar to those who followed the high-profile trial a year ago.
Jurors only heard testimony about Anthony’s lies, the lawyers argue, because Circuit Judge Belvin Perry improperly allowed it into her trial. Anthony had not been advised when she made those statements that she had a right to remain silent or that she had a right to an attorney.
Typically, a suspect’s statements can be used at trial, even if she has not been read her rights, so long as she made them before she was arrested or taken into custody. Law enforcement witnesses testified that Anthony was not officially in custody when she lied. However, she was briefly handcuffed and put in a deputy’s vehicle.
Anthony’s attorneys also argue that her four convictions for lying are improper under the “double jeopardy” clause of the U.S. Constitution, which courts have ruled prohibits a defendant from facing multiple punishments for the same criminal act.
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