Instead of the courts handing out the proper seasonal gift of bail to a grieving mother, they allow this circus to march on. Dec 11, 2009 was a day of fantastical fiction once again in the land of cartoons. Orlando once again shows that fantasy and reality somehow have a home there to co-exist.

When the state made its argument on why this should be considered a death penalty case, not only did the prosecution not make such an argument, but was allowed multiple explanations of off the wall theories. A death penalty case must show not only murder, but also premeditated murder. The fact that there are no scientific evidences whatsoever anywhere proving this child was murdered seems not to matter to this judge. What he allowed was more then one theory to be put out there that could have or could not have happened about a dead body that was or was not murdered. Following this logic why stop at two different theories? Why not allow the state to put forth twenty or thirty fairytale theories about a murder that might not even be a murder?

Hell, anyone can come up with a theory about anything for God’s sake. How about backing up at least one of these theories with a modicum of proof? Whether it’s the coffin flies theory or some theatrical tirade in front of the cameras about Caylee’s eyes watching each level of tape being put on, it is all conjecture. Let us get back to science and burden of proof, shall we? Let us not forget “none of us” can tell us whether that tape was put on before or after Caylee died.

Yes, that pesky thing called evidence will pop its head up once again to those of us thinking people. It is time to get back to the basics here. The state needs to prove why this is a death penalty case against this particular defendant. The state not only failed to connect or prove her mother did any of this, but also clearly demonstrated they are counting on putting on a show for the people who have already made up their minds about Casey. The whole day in court was a sham and a shame, not to mention a complete affront on the right to a fair trial. Making the Anthony family cry with off the wall theories of murder in no way proves anything, but maybe the prosecutors office could work in Hollywood writing CSI episodes.

What was also proven is that this in no way, shape, or form qualifies as a death penalty case. It comes down to one simple thing. If the state can not prove a dead body was murdered or show through science how the person died, the plateau that is needed to be reached for a death penalty case is not met. Capital punishment is not something wielded about on the populace with prosecutors throwing darts at a theoretical dartboard. When we as a society strap a woman to a gurney and pump poison in her veins until she is dead, we better damn sure know that person did it. This process usually starts when one knows how a victim actually died. There is no room for multiple theories when the state kills a person to make the statement that killing people is wrong.

Caylee could have died accidentally and we will never know, because the evidence is simply not there. If it is possible that she died accidentally and we all know the possibility exists, then this is not a death penalty case. Period, end of story. For the judge to allow the state to say that if the theory of theirs doesn’t fit, well here’s another one that might have happened is a travesty.

This is the very proof and foundation on why this should not be a death penalty case. Multiply theories and made up conjecture is not the criteria for capital punishment in America. Orlando is no exception, regardless of how many theme parks you have. The death penalty is not a roller coaster you can sell tickets to people for them to ride or view.

C. Rich

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