One of the only absolute truths to exist in the justice system today is that it is flawed.  It relies on human emotion, on human reasoning, and human thought to decide on the fate of others for crimes committed.  Many people yesterday were wrought with emotion for the 2 year old, Caylee Anthony and the fact that who they believed to be her murderer, her own mother, was not found guilty.  I know that my facebook certainly blew up with status’s such as, “If the glove doesn’t fit, you must acquit.”  Even my status read, “Remember, these idiots on the jury are the same ones that couldn’t vote. Just sayin, go Florida!”

It’s not fair – I wasn’t on that jury, I am only going on what the obviously biased media has presented me.  Casey Anthony could truly be innocent of the charges presented to her, and we could all be wrong… but I want to take you back to another case involving a murder of a child, a mother, and a case that was built entirely on flimsy circumstantial evidence where the outcome was totally different… let’s travel back to Christmas Eve, 2002…

Laci Peterson and her unborn child have gone missing.  The father, Scott Pederson is suspect number one.  A massive media hunt ensues, and eventually he is brought to trail on the charges that he killed his wife, and his unborn son.  I won’t recount everything that happened, but I can tell you the cliffnotes version:

I couldn't find a picture of Peterson crying. Mostly because guys don't like to cry I would think.

- The medical examiner could not conclusively say if Laci Peterson’s death was a homicide.
- There was not a single witness which placed Scott Peterson with his wife’s body.
- There is not a single shred of forensic evidence that she was killed, or her body was stored anywhere besides a single hair between some pliers, which is not uncommon to find hair of your wife on your tools.   (Zack would be screwed, I shed so much hair it’s probably all over his tool set.)
- The murder weapon was never recovered.

What the prosecution did have in Scott Peterson’s case was the fact that he was having an adulterous affair and lied about it – and they presented this as motive.  In addition, they found the body near an area where Scott Peterson was fishing that day, months later.  (Just saying, Scott’s alibi was widely published in the media – anyone could have dumped the body near where he was that day.)  Also introduced at trial by the defense was the fact that another pregnant woman went missing shortly after Laci and was found in much the same manner.  Die she tie into the Laci story?   It was never fully investigated.

Casey Anthony crying in court - who do you feel worse for?

Let’s take a step back and look at the hard evidence that was presented in Casey Anthony’s trial:

- Computer searches on the Anthony’s computer including how to use chloroform.
- Chloroform residue found in Anthony’s car.
- A hair of Caylee in the trunk, which, same with the hair of Laci I would disregard because it would be plausible that one hair would be in the trunk.

Then, you have the lying she did to the police, the lying she did on tapes to her father, the lavish party lifestyle she led shortly after she claimed her daughter drowned in the pool.  In my book, the woman seemed to lie just as much as Scott Peterson did and there was slightly more hard evidence against her.

Both juries were instructed to decide the case based on what the prosecution laid before them.  They were instructed that they were to decide the fate of the defends based on the “beyond a reasonable doubt” standard.   This means that there can be no doubt in a reasonable persons mind that this person is guilty.

Casey Anthony is probably going to be released at sentencing.

Scott Peterson is currently sitting on death row.

How could two cases that are so similar be judged so differently?

It’s simple.  Human emotion.  A jury is more likely to convict a philandering husband for murdering his wife than they are a mother for murdering her child.  People as a whole are not ready to accept that this 22 year old mother could be so cold, so calculating, as to kill her child to go party.  Yet, they fully accept, with just as little true evidence, that Peterson killed his wife to be with his mistress.

If Casey Anthony is innocent… and the jury got it right… isn’t it more than possible that Scott Peterson is too?  Alternately, since a jury sent Peterson to death row, shouldn’t Anthony be judged by the same standards?  At the very least, shouldn’t we adjust the way we think about cases and the way we look at criminal trials to ensure that there isn’t this kind of disparity between the verdicts handed down?

What are your thoughts?

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  • Sureshot

    A well written article. I agree that the Peterson case also had flimsy evidence and that both cases have that in common. I also agree that people saw Peterson as a cheating douche and that likely influenced their decision (whether they were a juror or just part of the general public). However, I have to disagree with your reasoning on why Anthony’s case was different. The media “decided” she was guilty long ago. Her behaviors and lifestyle made her seem guilty and people HATED her for that. A mother who could party days after her childs parents made people so mad. Like you, I saw many posts on FB and twitter yesterday about how terrible she was and “how could the jurors not see that.” So I think people were definitely willing to accept that she did it. the important difference here is not cheater vs mother, it may be that these jurors actually followed their instructions and looked at the flimsy evidence instead of going based on feelings. The real problem is that in many cases (e.g., Peterson’s), the jurors do base it on their gut feeling.

    • http://www.howmanyfrogs.com/ Stephanie

      That’s a fair point too – the jurors in this case might have taken their jobs a little more seriously than the jurors in Peterson’s case, but you have to sit back and think – there are many people on a jury for a reason, how did all of Peterson’s come back with guilty? (Which had to have happened for him to be convicted?) There was so little evidence, I think his nature is what they were condemning – his cheating and lying. In Anthony’s case, her nature, the partying, the lying, was ignored for the facts.

      I am really interested to see who thought what in the jury. It’s a shame they didn’t talk to the media.

  • http://www.facebook.com/profile.php?id=1289466037 Karen Methfessel on Facebook

    I think it’s only a matter of time before the jurors start talking. I read something from one of the alternate jurors yesterday who said that he felt that the prosecution didn’t prove that she had killed her daughter.

  • http://www.facebook.com/profile.php?id=15609345 Stephanie Dorman on Facebook

    Ahh, I read that too Karen, but if we take a step back in time to 2004, you’ll see that a dismissed member of the Scott Peterson trial felt the same way. What happened?

    http://articles.cnn.com/2004-06-24/justice/peterson.juror_1_peterson-jurors-brent-rocha-unborn-son?_s=PM:LAW

  • http://www.facebook.com/profile.php?id=619785857 Laura Church on Facebook

    This case hasn’t received any publicity here in the UK really, though the verdict made the front pages of a couple of our biggest newspapers. The American justice system is astounding. Most of what I know of this case has come from either online news or seeing my American pals discuss it but even from an overall outsider like me, it seems like this was a HUGE miscarriage of justice. I watched the video of the verdict being read out and it seemed like the spokeswoman and judge were like WTF.

  • http://www.facebook.com/profile.php?id=15609345 Stephanie Dorman on Facebook

    I love the pause that the clerk gave before saying “Not guilty”. It seemed she had been prepared to say guilty and had to stop herself and actually read it.

  • http://www.facebook.com/profile.php?id=619785857 Laura Church on Facebook

    Yes! Our papers commented on that. She was full on in shock for sure. :)

  • http://www.facebook.com/profile.php?id=1289466037 Karen Methfessel on Facebook

    I didn’t follow the Scott Peterson trial enough to comment on it but I guess the verdict in the Scott Peterson trial might have ended differently if that juror wasn’t dismissed (I don’t know, does it have to be unanimous to avoid a hung jury?) In this case – in my opinion, she’s absolutely guilty (of being a really horrible mother if nothing else – who waits to report a missing child for 31 days?) – but if I was on the jury, I would have had to vote not guilty because I don’t think that the prosecution was able to prove she 100% did it. I do think that it’s easier for people to believe that a husband would kill a wife than it is for people to believe that a mother could kill her child, and I wouldn’t be surprised if that played into it.

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  • http://www.teresamowen.com Teresa

    I think that the real guilty party is the media. It is impossible to say what the facts are. I’d hope that a jury of 12 reasonable people were presented with much better information than what “we” the public received. The media just grabs someone they think might be guilty, slays them in public, then hopes that the outcome of the trial will support what they reported. Sometimes, like with Scott Peterson, they get lucky. (Wow, i’m a total skeptic!)

    • http://www.howmanyfrogs.com/ Stephanie

      I agree with you that this was totally a media mess up. And you know, the worst part about it is that you know she knows what happened to her kid. :-/