Law experts: Fla. conviction possible without body
- From: "tiny dancer" <tinydancer357@xxxxxxxxxxxxxxxxx>
- Date: Thu, 16 Oct 2008 01:29:33 -0400
Law experts: Fla. conviction possible without body
By MARK WANGRIN - 7 hours ago
ORLANDO, Fla. (AP) - Prosecutors have DNA tests and hair samples. They have
testimony about "the smell of death" in the trunk of the suspect's car. What
they do not have is a body. Prosecutors building a case against a single
22-year-old Florida mother accused of killing her young daughter will have
to rely on forensic evidence and persuade a jury that Casey Anthony lacks
credibility and had a motive, legal experts say.
To help build the case, the prosecutor will be using what he described as
cutting-edge forensic tests, including air testing for compounds released
when a body decomposes.
Prosecutors have not been specific about how the evidence led to charges
against Anthony, but experts say it is possible to get a conviction without
a body, with several cases, including some in Florida, as examples.
"Sometimes circumstantial evidence is as powerful, or more powerful than the
body itself," said Donald Jones, a professor of criminal law at the
University of Miami law school.
Since 3-year-old Caylee Anthony's disappearance was reported in July,
investigators have taken air samples from her mother's car trunk and tested
for the presence of her DNA. Hair samples also have been analyzed. The FBI
and the Oak Ridge National Laboratory at the University of Tennessee
performed the tests.
"The investigation contains intricate forensics that are on the cutting edge
of science," said Lawson Lamar, State Attorney in Orange County.
It's not known how the forensics will play in court or for a jury.
Charles Rose, a law professor at Stetson University in DeLand, said the
defense could contest the FBI findings of not being generally accepted. Also
a lack of eyewitnesses and compelling physical evidence that directly links
Caylee to a crime could be a problem.
"Any of us who've had a child for any amount of time know there's DNA
evidence all over our cars," Rose said.
Still, the use of forensic evidence has an increased credibility with jurors
because of what he calls "the CSI effect" from the CBS television series,
Rose said.
"Right now, the belief is that the right cop with the right case can convict
anything," Rose said.
In the air tests used on Anthony's trunk, air is run into a carbon compound
filter, such as activated charcoal, which collects the evidence, said Arpad
Vass, a research scientist at Oak Ridge. Air is then reversed through the
filter, releasing the compounds.
In this case, they were looking for compounds released when a body
decomposes.
"We essentially turn into the dust from which we come," Vass said. "We
return to the compounds which break down and blow off into the air."
Donald Jones, a professor of criminal law at the University of Miami law
school, said the air tests, though likely admissible, probably won't help
make a connection the prosecution is seeking. He said the tests only reveal
the presence of the compounds, not their source.
The Anthony case also has other pitfalls, law professors say.
The defense could emphasize a lack of motive and blame others who could have
kidnapped or killed Caylee. Prosecutors would need to convince a jury why a
mother would kill her child.
Besides first-degree murder, Anthony is charged with aggravated abuse of a
child and aggravated manslaughter and with four counts of lying to
investigators. Caylee was reported missing in July, but her mother told
police she hadn't seen the girl since June.
A judge denied Anthony bond Wednesday. Dressed in a blue jail jumpsuit,
Anthony made no comment during the minute-long hearing. Her attorney, Jose
Baez, declined comment afterward. She will be arraigned in about a month.
Rose said the state has done "a very smart thing" in charging Anthony with
murder and manslaughter, because it gives the jury a choice.
"You give the jury a place to run," Rose said.
And the defense may have been handed another argument to use.
During the grand jury proceedings on Tuesday, a microphone was inadvertently
left open, broadcasting a feed that television trucks were able to pick up.
Chief Circuit Court Judge Belvin Perry warned that anyone who relayed the
information could be charged with contempt of court. So far no media outlet
has.
Experts said defense attorneys could use the audio leak to contest the
indictment.
"An inventive defense attorney can make just about anything an obstacle to
the prosecution," said George Dekle, a professor at the University of
Florida law school.
Jury selection will be crucial, Jones said.
"Forget about reasonable doubt - if there's one mother in the stands she
will wonder, 'How did she not know where her daughter was?'" he said.
For neighbors in Anthony's Chickasaw Park neighborhood in east Orlando, the
indictment is a relief because it caused the protesters who picketed outside
her parents' home to leave.
"Things have been really hard core, especially at night. People come here
drinking beer and many of the neighbors get aggravated and start instigating
fights," said neighbor Mike Carter, 45.
George Anthony, Casey's father, said he is pleased that things have calmed
down for his neighbors. He would not comment on charges against his
daughter.
http://ap.google.com/article/ALeqM5h1Nac1XKmGDPZKMEdJOz4f2oHBzgD93R6SM81
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