Thursday, July 7, 2011

Casey Anthony sentence: Four years in jail with credit for time served

[Updated at 11:34 a.m.] Casey Anthony will be released on July 13, 2011, according to a court spokesperson.
The spokeswoman said she would release more information about the calculation as soon as it was available.
[Updated at 10:41 a.m.] Judge Belvin Perry and attorneys for the state ad the defense are continuing to hold discussions in the courtroom.
All sides are working with the corrections department to help determine exactly how much time Casey Anthony has served in order to determine how much longer she will need to serve to finish out her sentence. The decision is expected to come soon.
[Updated at 9:30 a.m.] Judge Belvin Perry has sentenced Casey Anthony to one year in jail for each of the four counts of lying to police, which will run consecutively.
The judge and defense attorney Jose Baez said it will take about an hour to figure out what exact time Anthony has served and how to apply that to the sentence. The jail where she was being housed would also have to consider any good behavior time.
It appears that for now Casey Anthony is headed back to jail - we'll just have to wait for the specific calculations from the court to find out for how long. Analysts appear to be saying that based on Perry's ruling - and calculations that she served about 1,000 days in court - it is likely Anthony could be free by the end of the summer.
Time.com: Video analysis of lingering trial questions
Perry also said he would fine Anthony $1,000 for each count. Perry also said that the court will work to calculate the cost of the investigation into Caylee Anthony's disappearance and what amount of that Casey Anthony might have to pay. The judge has also let Anthony and her team know that they have 30 days to appeal his ruling.
Anthony has remained stoic during this portion of the court hearing. She is conferring with her other attorneys as the judge hands down the sentence.
But as she prepared to exit the courtroom, Casey Anthony let out a tiny smile.
[Updated at 9:26 a.m.] Judge Belvin Perry is breaking down each of the false information charges and specifically what lies Casey Anthony told police that led them along in their investigation - including one where she said she spoke to Caylee Anthony.
Perry rules in favor of the prosecution, saying he doesn't agree that the lies were all one act.
"As a result of those four separate and distinct lies, law enforcement expended a great deal of time, energy and manpower looking for young Caylee Marie Anthony," he said. "This search for her went on from July through December - over several months - trying to find Caylee Marie Anthony. Four distinct, separate, lies. Just as the jury spoke loud and clear on counts one, two and three on their verdict they also spoke loud and clear on the remaining counts."
[Updated at 9:25 a.m.] Casey Anthony will not make a statement before sentencing, her attorney said.
[Updated at 9:17 a.m.] The prosecution has said though they were only handed this defense request this morning. Still, they do not believe the lies should be treated as one single act because there was a temporal break in between each of the lies. And they've also got a few prior cases to back up their thoughts. The fact that the statements happened on the same day doesn't mean the statements should be considered all one act, the prosecution argued.
The prosecution also said as a result of the individual lies police had to go on a "wild goose chase" in the case.
[Updated at 9:16 a.m.] The judge is reiterating his question to the defense: Are they arguing that Casey Anthony didn't have time to pause and reflect when she was making her statements to policy. Their answer: Yes. And that's why the lies should be considered as only be one charge.
[Updated at 9:11 a.m.] Judge Belvin Perry is taking a minute to read through the materials the defense has provided in regard to treating the misdemeanors as one charge.
[Updated at 9:04 a.m.] The defense is asking the court to consider the four misdemeanor charges of lying to police as one charge when it comes to sentencing - saying they were all part of the same act.
Because the information at question was part of the same interview and Casey Anthony did not have time to take a mental break and reformulate her thoughts and statements, her lawyers are saying all of the charges should be reduced to just one.
Because it was "one act" made by Casey Anthony the defense says it is a violation of double jeopardy to sentence her four separate times for the same offense.
[Updated at 9:03 a.m.] The defense has withdrawn an earlier motion for a mistrial - something lawyer Jose Baez jokes he doesn't need anymore.
[Updated at 9:00 a.m.] Judge Belvin Perry has entered the courtroom. The sentencing is about to begin.
[Updated at 8:58 a.m.] Casey Anthony is much more animated and less stoic in court Thursday - and the sentencing hearing hasn't even begun yet.
Though she's still biting her nails as she had during the verdict, it's mixed in many more with smiles and winks to the defense team than looks of worry.
Defense Attorney Jose Baez has just sat down next to her and patted her on the back. The defense table couldn't be any more full of smiles today.
On the other hand, the mood outside the courthouse is a little different. Protesters are gathered outside and still angry with the not guilty verdict.
[Updated at 8:48 a.m.] A smiling Casey Anthony has walked into the Orlando courtroom wearing a long-sleeve blue sweater and her hair down. She appears much more relaxed than she has during any other day in court. She's chatting with her attorney's as she awaits the judge and her sentencing.
Her parents George and Cindy Anthony are seated at the back of the courtroom.
[Posted at 8:28 a.m.] Casey Anthony is due in court Thursday for a sentencing hearing on four misdemeanor counts of lying to police regarding a missing person case - the only charges she was convicted of during her seven-week long murder trial.
She avoided the most serious charges when a jury acquitted her of first degree murder, aggravated child abuse and aggravated manslaughter in the 2008 death of her daughter Caylee. Each misdemeanor count carries a maximum sentence of one year in county jail, for which Judge Belvin Perry has the option of sentencing her consecutively or concurrently.
But many legal experts believe Anthony will be freed on time-served because she has already been jailed for about three years. Whatever happens next ,
Everyone will still want to examine why and how the jury reached the verdict. Some questioned whether the "CSI effect' swayed the jury. Others, like HLN's Nancy Grace who has covered the case since the first day said regardless of why, she doesn't have to agree with the decision. And then there will be the examinations of the characters that have emerged in the case as victors: namely defense attorney Jose Baez. But by far the spotlight will shine brightest on Casey herself. Depending on the sentence handed down Thursday many experts say her next move likely could come in the form of a book or movie.

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