Looked at FL statutes a little last night; learned that murder 1 (ie, capital offense, death penalty eligible - but of course, the jury can recommend a lesser sentence) can be either if the death was premeditated or occurred as a result of 'aggravated child abuse' (which is another offense that she is charged with). Also, if it occurred from a 'depraved' (the statute's term - but I think in general this implies an 'evil', 'ill will') state of mind, it can become murder in 2nd degree (ie, not eligible for death penalty) - but not if premeditated.
Also, if she had planned to use insanity as an offense (ie, a state of actually being delusional, 'hearing voices', etc., which I don't think is what is involved here), that has to be pled before the trial (I think sometime at the beginning of the case). As far as I've heard she has not raised insanity as a defense.
It all remains to be seen. I have only been watching off and on; would imagine it's alot for the jury to digest and retain. Closing arguments will be amazing to hear.
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Freeda Louthan
Lexington KY 1951-1972, Louisville KY 1972-2007
The Villages FL since 2007 - Home for good, at last
Measure your wealth not by the things that you have, but by the things you have for which you wouldn't take money.
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