Casey Anthony was back in court today, as her defense team argued a series of motions before Orange County Judge Stan Strickland.
Among the motions being argued by the defense is the unconstitutionality of the death penalty and the multiple charges that Anthony faces regarding check fraud.
Casey’s defense maintains that Florida’s death penalty is applicable only in cases where the murder committed was atrocious, calculated, pre-meditated and cold-blooded.  They also maintain that in the check fraud case, their client has been over-charged and that she could face double-jeopardy
Wearing a green shirt and slacks, and initially looking quite serious as she entered the court, Anthony broke down in tears as the prosecutor Jeff Ashton argued why Caylee Anthony’s death was particularly cruel.
Ashton surmised that Caylee’s killer would have restrained her by the arms or administered a substance that would have knocked her unconscious. Moreover, if she were not restrained or unconscious, she would have resisted the duck tape that was found over her nose and mouth, Ashton argued.
“Her killer would prepare some substance in advance that would render her physically unable to resist,” Ashton said during the pretrial hearing. “If the killer looked at her face, maybe the killer saw her eyes … First one piece (of tape), then two, then three so that no breath was possible.”
In making the case as to why the death penalty should remain, Ashton persisted, “Could Caylee have understood what was happening to her? Did she try to resist? Could her killer see the fear in her eyes as the tape was being applied?” Â According to the prosecutor, these are the questions that only jurors will be able to answer when the case is presented to them.
Judge Strickland did not rule on the various motions. He is expected to do so next week.
George and Cindy Anthony, parents of Casey were also present in court today, as it was expected that they would be called to testify. However, they did not do so.
Casey Anthony is charged with first degree murder in the death of her two-year old daughter, Caylee. The tot’s remains were found exactly one year ago today, in a wooded area close to the Anthony family home.
Anthony has maintained her innocence and saying that Caylee was kidnapped by a nanny, although no evidence has been found to support this claim. If convicted Casey could face the death penalty.  Currently, she sits in an Orange County jail in Orlando awaiting trial, which could begin in the summer of 2010.
Source: wftv.com
