Survey says that Casey Anthony is the most hated person in America, much to Michelle Bachmann’s relief. That her life is in serious danger is beyond question. Yet Florida Judge Belvin Perry, after ten days of soul searching, has decided that she must come out of hiding and serve her year of probation.
This may not end well.
Given the residual anger over Anthony’s acquittal for murdering her daughter, Caylee, combined with the broad array of nutjobs who believe that they have been chosen by God to exact revenge, there’s an awfully strong possibility that some Florida yahoo will try to execute Anthony. Perry knows this. He doesn’t care.
In the order filed today by Perry, he writes that probation is meant to rehabilitate an individual and that serving probation while incarcerated “would clearly thwart society’s interest in extracting a full, fair, and just punishment for a crime.”
“To permit the Defendant, whose counsel was well aware that the probation was to begin upon the Defendant’s release from jail, to avoid serving probation now, would take a lawfully imposed sentence and make it a mockery of justice,” he writes.
All of this would be fine if this wasn’t tantamount to putting a target on Anthony’s head, but when the reality is that a bunch of nice folks have suggested that Casey Anthony needs to die, the old order of probation takes on a different character. As in a death sentence. If Judge Perry is worried about a mockery of justice, then he really ought to consider the impact of compelling a defendant to put in a position where her murder seems pretty darned likely.
Perry blames Jose Baez for trying to bootstrap a “scrivener’s error” in the sentence to argue that her probation was already served.
“To additionally seek to use a scrivener’s error to achieve an end that was against the court’s intent, especially where both parties had argued the issue of when probation should commence, strikes at the very foundation of our justice system,” Perry writes.
He said that Baez violated his duty of candor, which is “the gold standard that all officers of the court — especially attorneys — must live by.”
Bad Jose, taking advantage of a mistake in the order to save his client from near-certain death. Notably, Judge Perry doesn’t blame the incompetence of the scrivener. Hey, stercus accidit. It’s very noble of Judge Perry to think so much about the foundation of our justice system, but it would be nice if he considered the foundation of Anthony’s continued existence, which precludes a bullet in the head.
The problem here isn’t a matter of whether she served her probation already or should be compelled to serve it in the ordinary course. All things being equal, she should complete her probation just like any other defendant. The difference, of course, is that not too many other defendants have good reason to believe that serving a sentence of probation will result in their death. Casey Anthony has every reason to expect that to happen.
The decision by Judge Perry that justice demands that Casey Anthony come out of hiding and play by the same rules as everyone else fails to take into account another, countervailing duty. He has a duty not to issue a ruling that is likely to result in a defendant’s death, unless he’s imposing capital punishment. Anthony was acquitted, preventing Perry from ordering her execution straight out, and enabling him to give that great speech he wrote for the time of sentence about the horrors of a mother murdering her daughter.
But is he ordering her execution through the back door? It sure looks that way.
This court is very mindful that it is a high probability that there are many that would like to see physical harm visited upon the Defendant,” Perry wrote.
Yeah. So? Does Perry suspect his “mindfulness” has the power to stop bullets?
While he may feel an obligation, not to mention public pressure, to force Anthony to serve out her probation, Judge Perry has concomitant obligation to make sure his order, particularly given that we’re talking about probation here, doesn’t compromise her life. This isn’t your everyday probation situation, and pretending that it is by failing to account for the very real threat to her life, undermines the foundation of the legal system. Judges don’t expose probationers to death to make a point and curry public favor.
And what is probation to do with this? Should her probation officer help get her a job at the Piggly Wiggly? Will she report under cover of darkness? Casey Anthony’s notoriety is something that no one can ignore, including the cogs in the system that are likely to be blamed should harm befall her.
Unusual circumstances call for unusual responses, and Judge Perry’s handling of this issue in the most ordinary of manners (and with some of the sorriest platitudes every uttered), isn’t merely offensive, but a shocking dereliction of duty. No matter how hated Casey Anthony may be, and no matter whether she deserves the hatred being heaped upon her, her death at the hand of some wacko is not part of her probationary sentence.
So what speech will Judge Perry deliver at her funeral? There aren’t many platitudes to cover the murder of a hated but acquitted defendant for having been order to serve out probation, and Judge Perry’s way with words clearly isn’t up to the job.
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A tacit stamp of approval, from the bench, for the would be vigilantes among us? Public opinion sways the courts again.
Scott, that’s pretty far a stretch for you. That Perry recognizes many people may like to kill her in no way equates to “many people will try to kill her.” I would like all the CEOs who profited from TARP money to be executed…should they get witness protection? should i be arrested for my beliefs? Scott it seems like you’re attacking the judge for some hypothetical action where no threat has been identified. are there known orange county (fl) residents who have said they’ll kill her? Why not indict everyone who wants her dead?
Casey Anthony? Who is-HEY! There goes Kim Kardashian. Gotta go, talk at ya later, Scott.
There a ton of reports of credible death threats against Anthony. Will someone actually do it? Who knows? Do we wait until after someone plugs her and then say, “well, maybe we should have taken these threats more seriously?” No.
Casey Anthony is so ten minutes ago.
“Should her probation officer help get her a job at the Piggly Wiggly?”
Greeter at Wal*Mart? How about Perry’s personal assistant?
You want to offer your own examples? Run them by the people in the home first.
She got the probationary sentence in January of last year, back when absolutely everybody knew (courtesy of Nancy Grace) she was going to get the needle. And now the court claims everyone involved “was well aware that the probation was to begin upon the Defendant’s release from jail”?
I call bullshit. Somehow I doubt anyone involved really expected her corpse to have to report to a probation officer for a year.
Well… maybe Piggly Wiggly won’t work. So, Scott, I have a suggestion! Hire her as your babysitter! To accuse a judge, who, in my opinion, has been more than impartial during the trial, allowing Baez to use the Court room as his circus tent. I guess we should all have a “group hug” with Casey and sing Kumbaya. Sorry, that’s not going to happen. You reap what you sow. I’ll bet that most of these “Casey sympathizers” are men. She’s too cute to be a baby killer. Guess what “guys”… she has played you all for fools. She should NOT benefit from any type of “protection” or “special treatment” especially if it’s on a tax payer’s dime.
I was going to be horribly disappointed if nobody left me a comment with the bold strength of reason like yours. Now I feel better.
Nice attempt at sarcasm
But do you want to kill her. or at least maim her? Beat her up? Something? I mean, talk is cheap, what are you going to do about Casey Anthony?
I don’t think attempt means what you think it means.
Great. Now I’ll be accused of conspiracy to commit sarcasm.
The best I can tell, what Anthony ‘reaped’ was an acquittal. That means that, insofar as the law is concerned, she didn’t do it, at least not provably in a court of law.
If we’re about to start killing (or making it waaay easy to kill) the innocent, I’ve a long list on which Anthony doesn’t even make the first ten pages.
The judge is being a jerk. If something happens to Anthony while serving her probation in FL, it will be at least in part on the judge’s head. The attacker, of course, gets principal blame.
Hell no, I would never risk my freedom for her. But I find it interesting you speak of justice for Casey based upon speculations of death threats – but what about Caylee’s justice? We will bend over backwards to protect Casey on a “maybe”. Whether or not she intentionally or accidentally killed her baby is irrelevant. The simple truth is Caylee was in the sole care, custody and control of her mother at the time of her death. For you say “Should anything happen to Casey – its Perry’s fault” and to allude that this is his “payback” is appauling. You are probably one of those who thought that Baez was a competent attorney
I said “attempt” at sarcasm
I don’t speak of “justice” for Casey. I say a judge can’t ignore the potential that his order will result in the “unintended” consequence of her being killed. But bottom line is that if you’re just another blabberer and unwilling to do anything about it, then you’re just wasting our time. Either put up or shut up.
Blabberer ? so we resort to name-calling ? “unwilling to do anything about it” ?? which is what ? Kill her or protect her ? I see that if one does not agree with YOUR view, we are waisting our time. Nice ! I guess we can toss “freedom of speach” out the window. Besides, you never address the facts – you just insult (put up or shut up)
Sidebar : You have a crystal ball to know what Judge Perry was thinking ? (in response to your statement: “Perry knows this. He doesn’t care.”
get real people…there are many woman who support Casey Anthony…and I would allow her to babysit for me anytime…and I would give her a job…but the likelyhood of her doing all the probation things without the help of her defense team is very difficult to say the least…but I am sure they have it covered..so the rest of you will have to just steam…you loose again!!!!!
I knew you would not post my last comment. It comes as no surprise. You must not be a very good attorney and you do not know how to argue
It’s got nothing to do with view. You talk tough about terrible Casey Anthony, but that’s all it is. You have no “facts” to discuss; she was acquitted. You don’t want to accept that? So what? You don’t get a vote. But if you think she ought to be killed, then what do you plan to do about it? If nothing, then you’re wasting bandwidth. Nobody gives a crap what Linda thinks. If you’re not going to do anything, then you’re just making noise.
No need for a crystal ball. Just Perry’s words. You can read, right?
Ah, no patience. Did you think I sit here all day long for your benefit? You are the center of the universe, after all. However, since you have nothing more to offer, and lack the courage of your convictions to do anything, you’ve become boring and a waste of bandwidth. Too bad you ended up to be all hat and no cattle.
Regardless of whether anyone supports Casey Anthony or not, exposing her to harm or death to satisfy the probationary sentence is wrong. It has nothing to do with supporting her, any more than supporting any other defendant in the same position. Though, no other defendant has been in quite the same position.
In Florida…you was sentenced to e.g.”1 year probation” and yet you have to report once a month however,you have the option of transferring that probation. Also…United States probation files are confidential court records compiled in the course of fulfilling court-ordered responsibilities; a probation officer must be authorized by the court to release information from the presentence investigation report or probation files to third parties. A federal court may allow the disclosure of confidential probation reports only when the movant has shown a compelling need. See U.S. v. Charmer Industries, Inc., 711 F.2d 1164, 1175 (2d Cir. 1983).
Everything you have commented on is so true. This is a political decision for Judge Perry. It is election year for him. Notice there is no mention of Judge Strickland and him having recused himself prior to doing this “amended order” and after his appearance on Nancy Disgrace and WESH TV. Hopefully there will be an appeal filed by Jose Baez quickly for a stay, until it can be heard in the appellate division. The written order is the order and should stay the order. In any case, I contend that it is double jeapardy and the motion should be granted. This is just a way to torment Ms. Anthony.
You focus on the technicality of acquittal rather than address Linda’s “facts,” that Casey Anthony is a murderer and deserves whatever’s coming to her. John, how dare you.
For Judge Perry blame Jose really bothers me. Don’t lawyers have an ethical duty to zealously advocate for their clients? Especially when, you know, death is on the line?
Linda… you have no respect for how the justice system works. The jury found there was not enough evidence to convict Casey Anthony. You can’t just throw her to the wolves because you disagree with the jury’s opinion. And candidly, a jury is not likely to acquit a person accused of murdering her own young daughter unless the evidence actually is quite sparse. No one wants to let a baby killer walk.
We have a justice system in America. If the evidence suggested Casey Anthony killed her daughter, beyond a reasonable doubt, the jury would have convicted her. A sentence would have then been imposed on Casey Anthony. However, a jury said there was not enough evidence to convict her.
You might not agree with their determination, but that is how justice in America works. We do not execute people based on the court of public opinion. We do so only based on facts, application of law law to evidence.
Now that there has been a determination of “not guilty”, the judge has an obligation to act in a manner that does not subject Casey Anthony to the death penalty.
Glad to see you’ve gotten over your shyness.
I don’t think “attempt” means what you think it means.
Nice attempt at sarcasm
I don’t think “attempt” means what you think it means.
No wait. It does.
Wait, what? What the hell?
Wow, I am disappointed, and disillusioned right now. I thought that’s exactly what you did; sit here for the benefit of anonymous cowards to make stupid comments about other stupid comments. *sigh* What’s the world coming to?
I so hate to disappoint and disillusion. No really, I do.
One of your best comments ever. Epic. I’m sure you hate to disillusion and disappoint prosecutors.
Please keep doing so. Especially to us cowards. And definitely to prosecutors, who are often more cowardly than I.
Casey needs to come back. It’s the law. It’s just that simple. She does not seserve special treatment. She killed her daughter. I don’t much care if she herself is in danger. Maybe now she will know how her baby felt. And don’t give me that bit about a jury finding her innocent. It doesn’t take a genius to connect the dots. Bring her home to serve her probation. If she gets killed it’s no ones fault but her own. You reap what you sow.
This is a law blog. Vent all you want, but if you have nothing intelligent to add, then don’t do it here. And your comment is spectacularly ignorant. Now go away.
tj ranted: “She killed her daughter. … And don’t give me that bit about a jury finding her innocent. It doesn’t take a genius to connect the dots.”
And yet you still insult me for using “A Voice of Sanity” as my nic while I am surrounded by people like this who regard their ‘feelings’ and half baked guesses as reliable indicators of the truth.
But more to the point, am I the only one whose summary of Ashton’s prosecution case was that he had just proved Anthony innocent, not guilty? And where are the lawyers who came to the same conclusion as me? They can’t get on TV?
I let you post comments, don’t I?
I don’t think it is right to treat her any different than anyone else. She already got away with murder, so why let her off the hook for the small punishment she did receive of probation? If somebody happens to kill her while she is serving it, then let them deal with that; but in the mean time, she needs to serve her time.
I can tell you’ve put a great deal of thought into your opinion. Except for the “already got away with murder part.”