What's next for Casey Anthony investigation?

Saturday, December 20, 2008

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The discovery of Caylee's body could mean changes in the legal strategies employed by both sides.

ORLANDO (Bay News 9) --

UPDATE: The crime scene tape has been taken down around where Caylee Anthony's remains were found.

But at around 3 p.m. investigators went to the home of Caylee's grandparents looking for new evidence.

Investigators obtained a warrant, citing probable cause, to search the home. George and Cindy Anthony were allowed to stay at the residence while the warrant was served.

Authorities would not go into detail on what was taken from the home.

The search for Caylee Anthony may be over, but the questions surrounding her death have just begun.

On Friday, Orange County investigators confirmed that the remains found last week belong to the missing toddler and that the cause of death was homicide. However, they said they don't know how or when the little girl died.

The remains were scattered, but Dr. Jan Garavaglia, the Orange County medical examiner, said there wasn't any injury to them before she died.

So where does the investigation go from here?

Caylee's mother, Casey Anthony, was charged with murder even before investigators located a body. She is currently sitting in the Orange County jail and is facing charges of first-degree murder.

Now that the little girl's remains have been found, the strategy for the case both for and against Anthony could change.

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Prosecutors have already announced that they won't seek the death penalty. Bay News 9's legal analyst Joe Episcopo said they made this decision because they don't meet all the factors required for a death-penalty case. The discovery and identification of bones alone do not meet the requirements, which are set by the Legislature.

Instead, if Anthony is convicted, she will serve an automatic life sentence.

Following the identification of the little girl's remains, Anthony's parents, George and Cindy, issued a statement saying they will cooperate with detectives.

"In an effort to determine the truth, the Anthony family will be available to law enforcement as the investigation continues," said Brad Conway, the Anthony family attorney.

Utility worker Roy Kronk discovered the bones last week. He said he had attempted to tip off investigators several times over the past few months. Episcopo thinks this fact will play a role in the upcoming case against Casey Anthony.

"They had the information about these remains four or five months ago," he said. "They didn't do anything about it. So now the defense has an angle that they can attack to try to create a reasonable doubt."

Episcopo said that, while the defense team for Casey Anthony is refining their argument, prosecutors will also have to decide whether they will pursue an argument of premeditated murder or felony murder in their attempt to win a conviction.

"If the prosecution can prove the child dies as a result of aggravated child abuse, she could then be convicted of first-degree murder," he said.

However, Episcopo said that, even though the identification of the body eliminates a major defense, prosecutors are still missing a very important piece of information for a strong case - the cause of death, which has not yet been determined.

He also said the defense team could point a finger at Kronk, who discovered the remains.

One thing Episcopo said will not affect Anthony's defense were her teams inability to participate in the investigative process. He said the defense is never allowed to participate in a police investigation, and that the impact on her defense won't be any greater than the defense of others who came before her.