Updated:casey Anthony to be Sentenced on Four Counts of Lying to Authorities
Orlando mom set to be released July 13th, 2011.
The Orlando mom, who beat the murder charge in the death of her two-year old daughter, still has at least one more day in court, but will that outcome be as shocking as her acquittal. According to the Honorable O.H. Eaton Jr., legal analyst for Orlando’s WESH, Casey Anthony could be sentenced to the maximum of one year per conviction, for a total of four years. Considering that Casey Anthony has been incarcerated in Orange County for the last three years, the discussion of consecutive or concurrent sentencing becomes irrelevant.
If Anthony is sentenced to the maximum of four years, then becomes the responsibility of the Florida Department of Corrections (D.o.C.). The D.o.C. holds discretion, based on the current prison population and risk assessment of inmates, on how much time a convicted defendant serves. Currently the D.o.C. claims Florida inmates must serve at least 85% of their sentence. Casey Anthony if sentenced to the maximum would then be required to serve 1241 days or 3.4 years. Currently Casey has been incarcerated since October 21, 2008, having served 1395 days or 3.82 years, which could leave Judge Perry with the option of gaveling her to ‘time served.’
With each of the four convictions being a misdemeanor the shockwave of public outcry could increase, as Casey Anthony not only maintains all of her Civil Rights, but is also able to claim Intellectual Rights to her story, and the story of her deceased child. But as O.J. Simpson learned criminal court may not be the end.
George, Cindy or Lee Anthony can sue Casey Anthony in civil court for the ‘wrongful death’ of the victim, as well as other actions Casey took that exasperated the family’s pain and suffering, i.e., lying to law enforcement and creating unsubstantiated sexual abuse claims against George and Lee Anthony. The burden of proof in Civil Court is much lower then in criminal proceedings. If the Anthony’s were to sue Casey, and win a large monetary award that Casey could not reasonable put forth, she could be sentenced to jail at the judge’s discretion.
A few other factors are also hanging over her head that can be severe road blocks between her and walking away freely. Jose Baez will undoubtedly want to be paid for his services as her attorney, as well as be reimbursed for court costs and expenses. While he is no Johnny Cochran, the cost can average around $235 per hour, not including the $50-$100 dollar an hour paralegal fees.
If Casey Anthony had been convicted Mr. Baez most likely would have applied the cost to her ‘pro bono,’ and accepted the notoriety and attention the case has brought him on a national level, to bring in high profile and richer clients in the future. Since Casey Anthony was acquitted, and has the right to sell her story for monetary gain, Mr. Baez will most likely negotiate a percentage of her potential earnings, and could potentially profit from his own intellectual property rights.
Although the shock of the acquittal has caused public outrage, and the potential that Casey Anthony really could walk out of the court room a free woman is bound to insight even more outrage, in the famous words of Yogi Berra, “It ain’t over till it’s over.”
Update: Judge Perry handed down the maximum of one year per conviction, denying a post trial motion by the defense that the four convictions constituted a violation of the double jeopardy clause, as the lies Casey Anthony told to the police were part of a single continuous lie.
Judge Perry also fined Casey Anthony, $1,000 dollars per conviction and ordered her to pay the cost of the investigation that she knowingly misled, to be calculated at a later date. Court recessed after the sentence was handed down while the attorneys, working with the Florida D.o.C., applied Casey Anthony’s time served since the beginning of the trial, as well as deductions for good behavior, and it is report that she could be released as early as July 13th, 2011.
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