By Alexis Tereszcuk – Radar Senior Reporter
Casey Anthony’s defense team asked for another mistrial on Monday according to a motion they filed in the afternoon. Casey, 25, is being tried for the first-degree murder of her two-year-old daughter Caylee Marie, and if convicted she may get the death penalty. Her defense cited a recent federal court ruling that said Florida’s death penalty statute is unconstitutional and they want Judge Belvin Perry to “declare a mistrial in this case and begin jury selection anew with a non death-qualified jury.”
This is the latest legal maneuver by the defense to declare a mistrial and came just hours after the judge ruled that Casey was competent enough to continue with the trial. Her lawyers submitted a motion on Saturday to have Casey evaluated by three mental health experts. The trial was subsequently halted and three doctors met with Casey over the weekend.
“Counsel reasonably believes that Ms. Anthony is not competent to aid and assist in her own defense and is incompetent to proceed,” her defense said in the motion.
The judge ruled on Monday though that based on the doctors’ findings Casey was competent to continue with the trial. Last week there were emotional testimonies from Casey’s mother Cindy, who claimed it was she who searched for the word “chloroform” on the family computer, and Casey’s brother Lee, who cried on the stand when discussing Casey’s pregnancy.
Casey’s lawyers alleged in their opening statements that little Caylee accidentally drowned in the family pool on June 16, 2008 and Casey’s father George helped her cover up the death. They also alleged that Casey was sexually abused by both her father and her brother and that’s how she learned to lie – by covering secret up.
However, the prosecution maintains that Casey murdered Caylee and they may seek the death penalty if she is convicted. The defense has said they may wrap-up their testimonies this week.
RadarOnline.com will continue to live stream the Casey Anthony trial here daily.