Caylee Anthony - Can Murder Be Proven?

When 2-year-old Caylee Anthony disappeared sometime in June 2008, everyone immediately pointed the finger at her mother, Casey Anthony. Arrested and charged, with changing stories, and a revolving door in and out of jail, the media and the public howled for Casey Anthony's life in exchange for that of her daughter.

On December 11 2008, when the skeletal remains of a child was found a short distance away from the grandparent's home, everyone knew those remains could only belong to Caylee. Wrapped in a plastic bag and duct tape, the contents it contains included bones and other evidence that purportedly ties the remains to the Anthony home. An autopsy soon revealed that the remains were indeed those of this little girl. Unfortunately, the cause of death cannot be determined and the bones show no signs of trauma that could have caused Caylee's death.

The child's skeletal remains were found by Roy Kronk, a utility worker who was reading meters, who claimed he saw the plastic bag in August 2008, thought it was suspicious, and called 911 to report it. The police supposedly checked the area twice, once with a cadaver dog, and found nothing out of the ordinary.

The utility worker had called the authorities three different times within three days to report the suspicious bag on August 11, 12, and 13th. The police reported that nothing was found at the indicated location and had the area cleared from the areas being searched for the body of Caylee Anthony. Four months later, the utility worker was in the same area and decided to investigate the woods on his own. When he opened the bag, he discovered bones and other materials. This time, instead of calling the police, he called his supervisor who notified the local law enforcement.

Connecting the dots from the period of time that Caylee Anthony disappeared, the half-truths and changing stories of her mother, the comments made by the grandparents, and the alleged evidence found in Casey Anthony's vehicle, the prosecutor in this case had a viable reason to believe he could convict Casey Anthony of murder. He would be able to do this even without finding the child's body.

Fortunately, at least for Casey Anthony, things may have changed with the discovery of the body and because of the alleged conduct of the police. In order to get a first-degree murder conviction, the prosecutor has to be able to prove that Caylee Anthony died at the hands of her mother. This may no longer be possible.

One of the main reasons for this change is that the area had been searched previously and nothing was found. One story indicates that the area was under water at the time of the search while another story alleges there was no way the body could have been there during the time of the search. Due to the medical examiner not being able to provide a method of death, it cannot be proven whether it was a purposeful killing or an accidental death that resulted in the body being hidden. Nor can they prove that the mother killed the child or if Caylee was a victim of an unknown assailant.

In spite of Roy Kronk finding the remains and his assertion that he had nothing to do with the disappearance or death of Caylee Anthony, it still gives rise to more questions. The media have already raised questions as to why this man did not pursue his suspicions concerning the bag in August, when he claimed he first saw it. They also want to know why it took another four months before he called again, this time to his supervisor. One question is why he had not notified his supervisor in the beginning when he first discovered the bag or demanded that the police respond to the location so he could direct them to the right area of the woods. It does well to remember that people who commit crimes often return to the scene several times.

The main problem for the prosecution now is that anyone could have killed Caylee Anthony. The defense can use several possible scenarios (but not limited to).

Casey Anthony accidentally killed Caylee or the child died because of something that happened to her and then Casey disposed of the body out of fear.

An unknown person abducted Caylee from the home or yard while Casey Anthony was asleep, drugged, or simply not paying attention. The body was then tossed into the woods along side of a road.

Casey Anthony did give Caylee to another person, either a friend or babysitter, who then killed the child, and the mother believed the child was still alive (and which is her current story).

Someone other than Casey Anthony (family, friend, or stranger) murdered or caused the death of Caylee in one location and later moved the body to where it was found, supporting the searchers contention that the body was not there when the area was originally searched.

The burden to prove first-degree murder is on the prosecution to prove that Casey Anthony willfully murdered or negligently caused the death of her daughter, Caylee. The defense only has to offer reasonable doubt that Casey is not responsible for the death of her daughter. Currently, there is not enough legal evidence to prove whom, when, or even how Caylee died - or if it was murder at all.

Add in the problems with the discovery of the body in an area that had already been searched, the apparent lack of investigation by the police after receiving a tip that a suspicious bag that may have "smell of death" creates an air of complicity or an attempt to hide the true condition the body was found it. The refusal to let the defense and its forensic experts to observe the bones and other evidence when found and while being collected, and the refusal to allow their medical examiner to observe the autopsy itself, all together pose serious problems for the prosecution.

Only if fingerprints or some specific evidence is found that points directly to Casey Anthony, will they have a murder case. Entomologists, botanists, and other experts may be able to prove Caylee's body was placed where it was found before her mother was jailed. If the toxicology tests reveal that chloroform or any other chemical or poison was used to cause the death, they still have to prove that Casey Anthony is the only person who could have done so. Otherwise, reasonable doubt may rule the day.

What this means is that with a body now found, they can prove this little girl died and was thrown away in a wooded area and that she was the missing child. Period.

What the police, medical examiner, or prosecution cannot prove is how this child died, exactly when she died, whether it an accidental death or the result of negligence, and finally, whether it was first-degree murder. Nor can they prove who is responsible, even though Casey Anthony remains the prime suspect in this case.

Source:

Caylee Anthony's Death Is Now Official

DNA tests confirm remains are Caylee Anthony, by Mark Wangrin