Casey Anthony Closer To Probation After Florida Court's Decision
First Posted: 08/24/11 10:18 AM ETUpdated: 10/24/11 06:12 AM ET
share this story
ORLANDO, Fla. -- A Florida appeals court on Tuesday denied a request that would have stopped Casey Anthony from being forced to start a one-year probation sentence for check fraud by the end of the week.
The Fifth District Court of Appeals disagreed with Anthony's argument that enforcing the probation order would violate the constitutional prohibition on double jeopardy. Anthony maintains she already had completed the probation sentence in jail while she was awaiting trial on murder charges in the 2008 death of her 2-year-old daughter, Caylee. The ruling upheld a lower court's order requiring Anthony to report to a Florida probation office no later than noon Friday.
"The petitioner and her attorneys were well aware that her probationary placement was not to begin until her release from confinement," the appellate court said.
SEE CASEY ANTHONY'S PERSONAL PHOTOS:
Loading Slideshow
Casey Anthony Personal Photo
The bombshell trial of Casey Anthony captivated the nation's attention. The Florida mother, pictured in this photo from her Photobucket.com account, was found not guilty of murdering her two-year-old daughter, Caylee.
Casey Anthony Personal Photo
Amidst all of the hoopla surrounding the trial, some of Casey Anthony's personal photographs were released. Several of Anthony's photographs were used as evidence.
Casey Anthony Personal Photos
Prosecutors alleged that Casey Anthony killed her daughter, then misled authorities who were searching for the toddler. But her attorneys insisted that Caylee drowned in the family's swimming pool. The defendant's lawyers claimed that after years of abuse, Casey Anthony felt unable to reveal the truth.
Casey Anthony Personal Photos
Prosecutors attempted to cast Casey Anthony as a party girl -- revealing that she took part in a "Hot Body" contest just four days after she claimed her daughter drowned in her family's pool.
Casey Anthony Personal Photos
Lawyers showed jurors photos of Casey Anthony partying, like this image, which was posted on the defendant's Photobucket.com account.
Casey Anthony Personal Photos
Casey Anthony reportedly told investigators that her daughter had been kidnapped by a nanny, but during the trial her attorneys claimed the child drowned.
Casey Anthony Personal Photos
One question that remains unanswered is the identity of Caylee Anthony's father. Casey Anthony reportedly told friends that the child's father was a "one night thing."
Casey Anthony Personal Photos
But her lawyers have floated a theory involving incest. Casey Anthony's attorneys pressed an FBI witness to tell jurors that the agency conducted a paternity test on the defendant's brother, Lee Anthony. The test came back negative.
Casey Anthony Personal Photos
Investigators also conducted a paternity test on Casey Anthony's father, George Anthony, which also came back negative.
Casey Anthony Personal Photos
Tests also revealed that Jesse Grund, a man Casey Anthony once dated, was not Caylee Anthony's father.
Casey Anthony Personal Photos
Casey Anthony's family said they knew something was amiss when they detected a foul odor coming from the back of the defendant's car in July, 2008.
Casey Anthony Personal Photos
The trunk of the car actually contained a bag of trash, but prosecutors claimed that Caylee Anthony's body decomposed in the rear of the vehicle before it was moved to another location.
Casey Anthony Personal Photos
An insect expert for the defense stated that the body didn't decompose in the car because there wasn't any evidence of bugs that are often attracted to remains.
Casey Anthony Personal Photos
Caylee Anthony's remains were discovered near the family's home in December, 2008.
Casey Anthony Personal Photos
Prosecutors alleged that Casey Anthony killed her daughter by placing duct tape over her mouth. Duct tape was discovered wrapped around the todder's skull when the child's remains were recovered.
Casey Anthony Personal Photos
Casey Anthony was indicted on October 14, 2008, on charges of first-degree murder.
Casey Anthony Personal Photos
The Casey Antony trial became the year's biggest legal event. Spectators lined up every morning to get tickets to the trial. In one case, attendees got into a fistfight over access to the courtroom.
Casey Anthony Personal Photos
The case became one of the most monumental trials in Florida's history.
Casey Anthony Personal Photos
Some photos of Casey Anthony and Caylee Anthony were classified as evidence.
Casey Anthony Personal Photos
Jury selection for the Casey Anthony trial began on May 9, 2011.
Casey Anthony Personal Photos
Alongside capital murder, Casey Anthony was also charged with aggravated child abuse, aggravated manslaughter of a child and misleading law enforcement in the case of the death of her daughter, Caylee Anthony.
Casey Anthony Personal Photos
The prosecution sought the death penalty.
Man Who Wants To Marry Casey Anthony
Meet Don Gennaro Annunziata. He was at the sentencing protest in front of the Orange County Courthouse. Don said he is a 38-year-old window washer from Orlando.
Casey Anthony Bachelor Number Two
Bachelor number two is Tim Allen, a 24-year-old resident of Orlando, Fla.
A Florida jury last month acquitted Casey Anthony of murder in the death of Caylee, in a case unrelated to the check fraud. After her release, the 25-year-old vanished from public view amid threats against her and she has since kept a low profile. However, her attorney says she is back in Florida.
The probation order stems from a sentence Circuit Judge Stan Strickland imposed in January 2010 after Anthony pleaded guilty to stealing checks from a friend. At the time, Strickland said Anthony should serve the probation upon her release, but those instructions never made it into a written order. Corrections officials interpreted the sentence to mean Anthony could serve the probation while she was in jail.
In an order this month, Strickland clarified that Anthony must begin her probation now that she is out of jail. He then recused himself from the case and turned it over to Judge Belvin Perry, who presided over Anthony's murder trial. Perry upheld Strickland's order, and Anthony's attorneys appealed last week to the Fifth District Court of Appeals in Daytona Beach.
Anthony's attorneys did not respond to phone calls and emails seeking comment. But in a court filing Tuesday, they described the probation order as an "illegal sentence."
The Florida Department of Corrections has determined that Anthony had already served the probation sentence and that Strickland didn't have jurisdiction to clarify the order because the probation sentence was terminated, they said.
Regardless of how you feel about her being guilty or not, why just we all just pretend that she is not worth all of this attention and hope she just goes away. No matter what, this young lady has a whole heck of a lot of problems, and eventually she will end up in more trouble.
Justmetootles: Regardless of how you feel about her being guilty or
When Strickland pronounced Casey guilty of stealing checks he gave her 1 year probation. His verbal order in the courtroom did not get translated into the written court records accurately. Baez & Casey were present in the courtroom to hear Strickland's verbal decision and also received copies of the court records noticing the error. Baez did NOT report this error, but rather kept it silent and used the written order to file Casey's appeal. This was unethical for a member of the bar association to conceal the courts error and currently he is being called before the Florida Bar Association for reprimand. Baez has been reprimanded a few times prior, so it appears to me Jose and Casey would make a great con-artist team.
username17: When Strickland pronounced Casey guilty of stealing checks he gave
Florida has a legal system composed of judges who care nothing about the law. Each one of them has his or her own personal agenda. How quickly we have forgotten Florida's election debacle of 2000 that led to the U.S. Supreme Court appointing George Bush president. Belvin Perry and others are simply trying to extend their 15 minutes of fame and get reelected or appointed to a better position.
graytiger: Florida has a legal system composed of judges who care
I am going to take issue with you regarding Judge Perry. He is a distinquished jurist and did a very admirable job presiding in this case. All judges are accused of seeking higher office or getting re-elected. What do you suggest? That they be appointed and subject to the political influence of the person who appointed them? Judges are bound to apply the law and they form their rulings based on the applicable law and case law before them. Most judges are very serious about doing so because they don't want to open doors for appeal to a higher court. That does not give them a very favorable record of performance. You say FL has judges who don't care about the law. I doubt seriously that that is true. I suspect what you really mean is that they don't apply the law as you think it should be applied even though you are not a judge or practicing attorney and probably have very little knowledge of just what the law says.
Stephen1349: I am going to take issue with you regarding Judge
In 58 years I have never seen such a gross display of disregard for the justice system in this country. I would like to go on record as being the first to tell american citizens that this case will be the start of what will be known as the caylee reform. All I can say is that on the day you wake up and realize you are no longer free, just remember you heard it here first. As it is you only have a right to protest if you get a permit, you must have an occupational licence to work and a business license to have one. They will enact legislation restricting freedom in the name of child safety and personal safety. Already they tell you what you can eat and what your kids can eat. If New York has it's way they will be stanardizing the diet of all their poor and eventually everyone. The government already tells you what and whom you must tolerate and they are teaching your children what they want them to learn. A jury picked by the state and defense found Casey Anthony NOT GUILTY and it was a fair and honest verdict that upholds all the principles of justice. If new legislation is written in vengence of this case it will only erode further the safeguards that protect our freedoms from unjust prosecution. Remember it is far better to let a guilty man free than to imprison an innocent man, or woman.
Steven_Traylor: In 58 years I have never seen such a gross
What are you rambling on about?
This probation thing is in relation to the check fraud charges and has nothing to do with the murder trial.
In my 64 years and being an R.N. that a jury could screw up so bad.....if they felt she wasn't guilty of murder, she should have been found guilty of child abuse/neglect.
Deidra47: What are you rambling on about? This probation thing is
What they should do is give her a year of probation but with special priviledges. Anyway, what's a year in the sunshine state? She can get a good suntan while writing her memoirs. Casey, buy a bikini, a case of suds, ride the waves, enjoy Florida's hospitality and smile for the cameras. After all, you been the grinder and rate a well deserve vacation. Don't forget to try the Pina Coladas!!!
felicianoramos: What they should do is give her a year of
HA-HA-get her!!!
She did NOT give her baby a chance!! She should NOT have a chance!!
EVERYONE BOYCOTT ANYTHING & EVERYTHING she DOES. SHE IS a professional, habitual LIAR!! don't allow her to make any $$$$$$$$$$ of her dead baby (God bless Caylee)
She has been living like a queen since her release.
RaJaRuPr: HA-HA-get her!!! She did NOT give her baby a chance!!
Ok, so some people think she is not guilty of murder. Ok, so say Caylee drowned, so they say. Between Casey and her dad.....who went into the house to get her a blanket, laundry bag and whatever else they needed to bag her up and throw her away like trash. Why can't the police go after them for doing this...I just don't get it. You just don't throw someone away...there has to be justice for this. Did she even drown? No one knows except Casey and maybe her dad. But the bottom line is someone went into that house , to her room to get her favorite blanket, to the laundry room to get a bag big enough for her. May the devil be watching upon the person or person's responsible for this horrible death of an innocent little girl. The shadow of darkness will always be following the guilty one just waiting for the right time to snatch them up and drag them down to HELL
Becki55: Ok, so some people think she is not guilty of
She was found not guilty get over it. what the judges did was wrong
He then recused himself from the case and turned it over to Judge Belvin Perry, who presided over Anthony's murder trial. Perry upheld Strickland's order
Did these 2 judge get togther to do this?
jdnich29: She was found not guilty get over it. what the
One can only hope that she will somehow violate her probation. The full sentence for her check fraud charges was 3-1/2 years in prison. If she violates her probation then she could be sent to prison.
Florida1966: One can only hope that she will somehow violate her
Jose Baez and Casey Anthony concocted a couple stories to throw the jurors off, actually you have to give them credit for their strategies. Of course we all know their first idea was to accuse her father George Anthony of sexually abusing her since childhood, and if that had not worked, they were going to say that Barack Obama did it.
4RealBill: Jose Baez and Casey Anthony concocted a couple stories to
She's not rich, so I wonder what makes her worth all the trouble to her lawyer? The publicity? Is she close to securing a big money deal? Is he boning her?
DamonIcke: She's not rich, so I wonder what makes her worth
http://www.examiner.com/crime-justice-in-national/jose-baez-crossing-the-line-with-casey-anthony
Back away from Fox, they only spread the infection.
This probation thing is in relation to the check fraud charges and has nothing to do with the murder trial.
In my 64 years and being an R.N. that a jury could screw up so bad.....if they felt she wasn't guilty of murder, she should have been found guilty of child abuse/neglect.
She did NOT give her baby a chance!! She should NOT have a chance!!
EVERYONE BOYCOTT ANYTHING & EVERYTHING she DOES. SHE IS a professional, habitual LIAR!! don't allow her to make any $$$$$$$$$$ of her dead baby (God bless Caylee)
She has been living like a queen since her release.
He then recused himself from the case and turned it over to Judge Belvin Perry, who presided over Anthony's murder trial. Perry upheld Strickland's order
Did these 2 judge get togther to do this?