Casey Anthony Video Diary Log Part II.

This is my second installment addressing the Casey Anthony issue and specifically addressing her detractors commenting on her video diary log. In this section I will address the claim that we all know who did it and that Casey Anthony got away with murder. In doing so I must bring up the testimony of the medical examiner Dr. Jan Garavaglia who testified that she could not determine a cause of death for Caley Anthony and then followed that up with stating that the death was due to “homicide by undetermined means.”

The problem I have with this is that the medical examiner was brought in to testify as a medical expert (which she most certainly is) but that her determination was not based on the medical facts but rather on the other facts in the case. The reason this is a problem is that in doing so strayed away from her area of expertise and asserted a statement of fact on one of the very issues the jury was brought in to decide. Does the non medical evidence (e.g. duct tape) in the case support a charge of murder? This issue is not her call to make and is no more appropriate than if the defense was to bring in a handwriting expert to testify that Caley’s death was an accident because babies can’t get out of swimming pools.

The truth is that since nobody besides Casey knows for certain how Caley died the facts in the case most strongly supported a case for child neglect, failure to report a death, and improper disposal of a dead body. The problem is that people are often most strongly motivating by pursuing what the “know” without actually knowing. Oh, we all know that Casey committed murder. Oh really? How do you know? Because normal mothers call 911 when their kids die. Bullshit! The fact that Casey did not call 911 only proves that she did not call 911.

Hypotheticaly if Casey was using chloroform to render her child unconcious so that she could go to the club without having to arrange for a babysitter and she accidently killed Caley in the process isn’t it possible that Casey would have been afraid to report the death out of fear of prosecution? Of course it is. Given that possibility the facts in the case do not a finding of murder beyond a reasonable doubt. Strangely enough, my hypothetical scenario would support Dr. Garavaglia’s determination of homicide (which does not mean murder) by undetermined means, however I still maintain that as a medical expert who didn’t have enough medical facts to go on that was not her call to make.

If Casey Anthony had been convicted of murder in this case I have no doubt that an appeal would have been filed based on the medical examiner’s conclusion and that the appeal would have very likely have prevailed on that issue. For Casey’s sake it was good that it did not have to come to that. In the future I think that the judge in this case needs to reign in the expert witnesses and make sure that they stay within their area of expertise. I also think that prosecutors should also think long and hard about bringing forth charges that are not supported by the facts.

5 Responses to “Casey Anthony Video Diary Log Part II.”

  1. mexigogue says:

    OMG Jenn I just thought of you because I was just checking the sitemeter and somebody had hit up the post I did where I put the collage of all your pictures! Come to think of it maybe that was you lol!!!

  2. Phelps says:

    The problem the state always had in this case was encapsulated by that statement:

    homicide by undetermined means

    The problem with that is the homicide is a death caused by a person. If you can’t determine what the means are, you can’t determine the cause. The end.

    “Someone killed Bob.” How did they kill Bob? “I don’t know.” Then how do you know someone killed Bob? How do you know Bob didn’t die of a disease, or just old age? If you don’t have a cause of death, you don’t have homicide. Ever.

    When they failed to give a cause of death for the child, they failed to prove homicide.

  3. Rae says:

    Yeah-you aren’t dead!!!!

  4. mexigogue says:

    I was only mostly dead. There’s a big difference between mostly dead and all dead. Mostly dead is slightly alive.

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