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Can the Casey Anthony Murder Trial Be Reopened?

Over a year after Casey Anthony was acquitted of murdering her toddler daughter Caylee, new revelations suggest the Sheriff’s Office missed a key piece of evidence. The computer investigator apparently overlooked a search on Casey’s computer for “foolproof suffication (sic) methods” on the very day Caylee was last seen alive.

So, can the case be reopened?

Today on Kelly’s Court, Fox News legal analyst Lis Wiehl and defense attorney Mark Eiglarsh debated the latest developments. The computer investigator checked the Internet Explorer browser, but failed to search the Mozilla Firefox browser which is where the search was performed.

“It was absolutely an example of gross error negligence

,” Wiehl said.

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The defense team had the search information, but wasn’t obligated to present such evidence in court. Casey’s defense attorney, Jose Baez, said that he was shocked when prosecutors didn’t bring up that evidence.

Eiglarsh agrees that it’s gross negligence, but he does not believe it would have made a difference in the outcome of the trial. The jurors in the case said that prosecutors never proved how Caylee died and there was no motive. Therefore, given the jurors reasoning for acquitting Casey, Eiglarsh says this piece of evidence would not have changed their minds.

Double jeopardy means that a defendant cannot be tried on the same charges following an acquittal. Wiehl said another possible option would be to take the case to federal court, but Eiglarsh argued, “I would just tell my law students that that was a creative answer Lis just gave, but not one based on reality.”

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