Casey Anthony Trial - Verdict &Taking Comfort Where We Can

I was all set to spend the first day away from constant tweeting of court action breaking down the closing arguments and jury instructions. But we got a verdict much more quickly than I expected, so I'm jumping straight to that. I waited until I'd had time to put emotion aside and read the jury instructions again and try to understand the verdicts in that context.

Were the verdicts just? It all depends on your perspective. Let's look at the Murder count first.

1st Degree Murder/Aggravated Child Abuse

If a juror believed Casey Anthony used chloroform or duct tape on Caylee and she died as a result, even if accidentally, that is plenty to find Casey guilty of at least felony murder (Aggravated Abuse) or one of the lesser included offenses of 1st Degree Murder (2nd degree, Manslaughter or 3rd degree).

If a juror felt the state failed to prove that Casey used either chloroform or duct tape on Caylee, then it would indeed be incorrect to convict of M1 or a lesser included, or of the aggravated child abuse charge.

I went back and re-read the jury instructions twice tonight. For the murder charge, jurors first had to believe Casey killed Caylee before going any further with determining what degree of murder she committed. They didn't go on to consider any lesser includeds because they felt the state didn't prove Casey actually killed Caylee.

Connectors-of-Dots vs. Need-a-Smoking-Gun Jurors

There are two types of thinkers -- those who are comfortable connecting dots and working through to a logical conclusion in determining guilt, and those who don't accept the inferences of non-smoking-gun evidence as proof enough to form a conclusion of guilt beyond reasonable doubt.

I submit both are reasonable positions for the person making the call. Jurors are told to give testimony/evidence whatever weight they feel it deserves. So while I personally feel there was plenty to connect the dots for at least aggravated child abuse, and while I'm surprised all 12 jurors felt differently, I am not shocked that Casey wasn't found guilty of 1st Degree Murder.

We all come to the table with our own mindsets, methods of thinking and reasoning, and the influence of our own life experiences. What's obviously important in pointing away or toward guilt for one person might not be to another. Some people are minute-detail types while some others tend to be more big-picture types. Neither is a faulty way to think. It's just who we each are.

So I can see how jurors might have rejected Murder and, therefore, have gone no further with the lesser includeds (remember, the instruction said they first had to determine that Casey killed Caylee -- if they think that went unproven, then game over for the Murder count and any of its lesser included offenses).

Aggravated Manslaughter of a Child

When we move on to Aggravated Manslaughter of a Child, however, I truly am stunned at the not guilty verdict on that count. The element to be proven was that Caylee either died as a result of Casey's act(s) OR her culpable negligence:

"Culpable negligence is consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury."

Even if you discount the state's theory and buy 100% into the theory of defense -- that Caylee died in the pool -- then it happened as a result of Casey's culpable negligence.

Neglect of a child is defined as "a caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain a child’s physical and mental health...that a prudent person would consider essential for the well-being of the child."

Is not failing to properly supervise your child to ensure she doesn't go outside unattended and climb into the pool neglect? You know she can open the door because you've seen it with your own eyes. You even fricking photographed it -- you know full well she can do it. You know she can climb the pool ladder - you've seen her do it and have photos of that as well. And you know she lives for playing in that pool.

And yet you do nothing to secure the sliding glass door leading to the pool? No childproof lock or bar across it? If not drown in the pool, she could wander into traffic and be killed. She could even be kidnapped...for real. And because she loves that pool so much and can open the door you failed to secure and drown if your back's turned, you at least check that the ladder is down each night before bed, when you're cooking, showering, anytime you can't be constantly attentive, right?

The negligent behavior does not need to be a series of events either. The instruction reads: "Repeated conduct or a single incident or omission by a caregiver that results in, or could reasonably be expected to result in, a substantial risk of death of a child may be considered in determining neglect."

The defense in closing insinuated it was the fault of the parents -- Cindy for having left the pool ladder up the night before and George for it having happened "on his watch." But the thing is, Casey had custody of her own child. She and she alone was responsible for Caylee's safety and, in her scenario, failed to provide the supervision necessary to maintain her well-being.

In addition, she failed to call 911 when George allegedly found Caylee in the pool. She did not try to see if she could be revived. She did absolutely nothing to help save her child. She is not qualified to determine whether Caylee was dead or unconscious, nor whether she could possibly be revived. That is a failure to provide a service necessary to maintain her child's health and well-being. I would argue that's a second instance of culpable neglect.

Because of these two instances of neglect (or take your pick of the two), Casey Anthony was at least culpably negligent in her daughter's death and should have been found guilty of Aggravated Manslaughter of a Child -- and that's if you buy her OWN story. And you know that that's the absolute minimum she's responsible for. I mean, who the hell is going to make up a story that makes them even more criminally responsible than they actually are? Could we at least connect those 2 dots?

I defended jurors on the murder verdict even though I very much disagree with them (I think she did apply duct tape and that it caused Caylee's death, hence aggravated abuse). But I can't do the same here. I don't understand how they could not find guilt on this count. It's not a reasonable conclusion to me. You've even got the admission from the defendant herself. I think they got it very wrong on this particular count.

I've read and re-read the instructions and definitions for the Aggravated Manslaughter count. I'm a layperson and am certainly not above being corrected; in fact, I welcome it. So if someone can explain why this interpretation is wrong, please do.

Taking Comfort Where We Can

This is the end of the road as far as hoping for legal justice for Caylee. That will never happen now. But as I told someone earlier, things have a way of coming full circle in one way or another...eventually. I have to hope and believe they will in this instance. The alternative is too heartbreaking.

Someone said that Caylee had no one seeking justice for her. Let me tell you that in addition to law enforcement and the prosecutors, there are people all over this world who love Caylee and wanted justice for her. I have Twitter followers from the US, Canada, several countries in Europe, Asia, Africa -- you name it -- all of whom care deeply about Caylee and followed this trial hoping to see justice done for her.

Who could look at that sweet little face propped on her hands or see her reading her kitty cat book, hear her singing, "You Are My Sunshine" at the nursing home and not fall head over heels in love with her? This darling, darling child touched so many hearts around the globe. She has had millions of advocates, each in our own ways.

If love reaches across time and space and beyond this world, then I think Caylee must feel like the most loved child ever.

Caylee, you are the sunshine, honey.