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Casey Anthony case: Defense files more motions to dismiss charges

November 3, 1:16 PMCrime ExaminerCindy Adams
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Casey Anthony (AP Photo)

Three new motions were filed by Casey Anthony’s defense team, including one regarding the check fraud charges against her and the other two involving the death penalty murder charges she is now facing.

To read the defense motion to dismiss fraud charges against Casey, click here.

The defense is asking Judge Stan Strickland to dismiss the indictment against her claiming the prosecution includes no facts in their indictment that would result in murder charges against their client.

To read the defense motion arguing the indictment against Casey is defective, click here.

Thus, the defense contends they cannot formulate a proper defense with prosecutors solely relying on accusations to make their case.

To read the the defense reply to the state's response to the motion to preclude death procedures in the case, click here.

“These constitutional concerns are particularly critical given this is a capital case,” according to Casey’s defense team.

Furthermore, the defense questions the motives behind State Attorney Lawson Lamar’s seeking the death penalty against their client, according to WESH. “If the death penalty is used to encourage guilty pleas… it is unconstitutional,” the defense wrote referring to a U.S. Supreme Court opinion.

Regarding the check fraud charges against Casey, WESH reports the defense team argues that she was charged with “three counts for each of the four bad checks she allegedly wrote.” They claim the additional counts amount to double jeopardy, which is not permitted—thus, they say these charges should be dismissed.

Casey remains in jail, charged with the first-degree murder of her 2-year-old daughter, Caylee Anthony. Her trial is slated to begin June 2010.

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