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Defense Says Casey Anthony Was Overcharged

Tuesday, November 03, 2009 6:56:10 PM
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Caylee and Casey Anthony split-screen

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ORLANDO -- In motions filed on Tuesday, Casey Anthony's defense team said police and prosecutors made mistakes in charging Anthony in her check fraud case.

Anthony's defense is filing new motions, which legal analysts say means the defense are getting their ducks in a row. When a person's life is at stake, you can't leave any stone unturned, and if the case goes through an appeals process, these are the natural steps to take.

The first motion is about the check fraud case. Anthony is accused of stealing hundreds of dollars worth of checks.

Anthony's defense is alleging she wasn't charged correctly -- that she is being overcharged, which could ultimately mean double jeopardy.

A trial has been set for January and the defense is trying to move it out of Orange County.

The second motion is on the death penalty.

In September, the defense tried to get the death penalty thrown out. Motions were filed, but never argued in front of the judge.

The state responded to that motion, and now the defense is responding back.

The defense said the State does not have enough evidence for a first degree murder charge, let alone the death penalty.

The last motion is regarding October 2008, when a grand jury indicted Casey Anthony. The defense said  the indictment is "unconstitutionally vague."

Florida law requires an indictment for a first degree murder charge.

There are still a number of other motions that haven't been heard before the judge. There is no word on when these new motions will be heard.

New Book Out On The Case Against Casey

As these new motions are filed, there is word of a new book that is due on book store shelves Tuesday.

It is called "Mommy's Little Girl," and is written by Diane Fanning.

Here is an excerpt from that book.

"When they got within three feet of the white Pontiac, George smelled a distinctive unpleasant odor. He’d once worked in law enforcement. He knew that smell, and it filled him with dread. He thought of his daughter and granddaughter. Please don’t let this be what I think it is.

He walked around to the driver’s side and inserted the key. He noticed his granddaughter’s car seat in the back and pulled open the door.

“Whoa, does that stink!” Simon exclaimed. The stench reminded him of another car that had been impounded recently. Before they towed it, the vehicle had sat for five days --  with the body of a man who’d committed suicide inside."

News 13 has checked with several bookstores around Central Florida, and so far found only one store with copies -- but they only had six.


The Case Against Casey

See News 13’s Extended Coverage for more Documents, Audio and Video released in the case, plus News 13’s story archive of the entire case against Casey Anthony.

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