They See Her Walkin', They Hatin' . . .

I'm mad at the Casey Anthony verdict.  I do believe that she was present at the death of little Caylee, I do believe she dumped the body (and, in that case, it isn't belief since she confessed to that), and I do believe that afterward she was stupid enough to hope she could stall her parents indefinitely with stories of wayward nannies and one, grand, extended beach holiday.  And Casey was happier than a pig in mud to not have to deal with the issues of motherhood.

Now, tell me how she did it.

You can't.  The theory is that she placed duct tape over the mouth and nose of the little girl.  Unfortunately, even the medical examiner could not provide an answer as to what was the cause of death, but only that it was homicide.

The prosecution presented some sensational evidence.  Animals scattered Caylee's bones!  Mom got a tattoo saying "Bella Vita" when she knew her child was dead!  There were computer searches for chloroform and injuries!  Oh, wait, it turns out that Grandma did that last thing, a fact that might have been useful to tell the prosecution before they decided to float that as a theory in the courtroom.  But - sensational, sensational, sensational.

Now, tell me how she did it.

The defense put up some pretty far-fetched ideas.  No, I don't believe Casey was molested by her father and brother (only attempted, allegedly, by the latter) such that she went into a PTSD-like shock after Caylee accidentally drowned in the grandparent's swimming pool and helped her father dispose of the body.  Or the utility guy found it, kept it, and moved it around for a chance at a guest spot on "The View."  I don't buy any of that.  The defense was a joke.

But they did not carry the burden.

Remember that the state of Florida had the burden of showing beyond a reasonable doubt that Casey either committed murder or manslaughter.  In the case of the former, they had to show that Casey intentionally set out to kill her child or intentionally engaged in aggravated assault - child abuse - during which Caylee died as a result.

Now, I don't think Casey intentionally killed Caylee.  Why would she?  Let me ask you, what would Cindy and George Anthony have done if Casey decided to place Caylee for adoption?  Or simply dropped her off at Grandma and Grandpa's house and just didn't return?  As a family law attorney, I have seen a number of guardianship cases and given the doting nature of these folk, I have little doubt that they wouldn't have stepped up and become the guardians of Caylee.  Grandparents raising granchildren because of bad parents?  It happens all the time.

Which is why I held hope for manslaughter.  This is what I can believe.  Casey . . . lost it one night.  Maybe Caylee spilled her milk, maybe she drew on the walls.  In any event, Casey lost it and just went too far with discipline.  Or Caylee accidentally fell, say, and hit her head and bled out.  Or a guy that Mom brought home turned out to be a bad man and did the deed, and Casey thought herself to be culpable.  And Caylee died and Casey panicked.  And got a garbage bag.  She may be a bad girl, but Casey does not strike me as being the sharpest tool in the shed.  Yeah, she thought she could stall her parents and other people after Caylee's death, even perhaps dimly hoping they would just, like, go away.

But the prosecutors did not provide the jury with enough evidence to demonstrate any of those scenarios beyond a reasonable doubt.  Sure, they are all plausible, but the old "I just know it" feeling is not enough to rise to the burden of proof imposed by law.  Hell, I have to tell clients in family law that "I just know he is using marijuana again" without physical proof such as scent or stoned behavior is not enough to have the Court order a piss test, and the burden there is the lowest, that is, preponderence of the evidence.  The standard in a criminal court is at the highest because the stakes are - possibly the loss of life through execution.  And the side who has to meet the burden is the State, just as when there is a civil case and the person bringing suit has to meet their burden.

So, what we are left is a number of possible scenarios as to how little Caylee died and had her body left in the woods.  The problem is that any one of them could be the truth. 

And that is what makes for reasonable doubt.

You see, the evidence that was presented tells me how Casey could have done it.

Now, tell me how she did it.

Keep Caylee and the Casey family in your prayers.