The petition addresses the DOJ policy that guides them in deciding whether or not to bring federal charges against someone after a person has already been tried by a state. It requires that 3 prerequisites be met:
1. the crime involves a substantial and enduring federal interest.
The petition maintains that the protection of those Americans who, because of physical, psychological, or mental deficiencies, cannot protect themselves is and always has been both a substantial and enduring federal interest. Many government programs have been created for just that purpose, and America’s children constitutes one of those groups. It is in the government’s best interests to send a message of deterrence in cases like this where such segments of our population are at a substantial risk and cannot otherwise be protected.
2. The prior prosecution must have left the stated federal interest demonstrably unvindicated.
One way this prerequisite can be met is by showing that the jury disregarded evidence in coming to their verdict. Statements given by jurors after the trial prove that they, in fact, failed to go over the evidence. This is also shown by the jury considering the possible punishment Anthony could face to the exclusion of the evidence as well as the jury buying into a drowning theory that there was absolutely no proof of.
Another way this prerequisite can be met is if there was an unavailability of evidence. Judge Perry kept out a lot of evidence that should have been made available to the jury but was not because of his rulings. The petition cites an example of this. In addition, there is new evidence in the way of computer searches that has been found since the end of the trial in 2011 and was unavailable for that trial.
A third way this prerequisite can be met is if the crime constituted egregious conduct, which the murder of a child certainly is egregious conduct.
Fourthly, this prerequisite can be met if it can be shown that “…the prior prosecution was manifestly inadequate to protect its….resource.” The petition addresses the prior prosecution’s failure to provide a deterrent to others who might attempt to murder their children in the way Ms. Anthony did, and in order to protect our children, it is necessary for the federal government to send a message of deterrence by prosecuting Casey Anthony.
3. The government must believe that the defendant’s conduct constitutes a federal offense, and that the admissible evidence probably will be sufficient to obtain and sustain a conviction by an unbiased trier of fact.
Murder is a federal offense, and there are other charges that are associated with this crime that the federal government could charge her with in addition to or to the exclusion of murder. The petition asks the DOJ to charge any and all offenses associated with this crime.
The evidence is also there to obtain and maintain a conviction; moreover there is other evidence that can be allowed in on the federal level that was not on the local level that goes towards doing both those.
The petition asks the U.S. Department of Justice to charge any and all crimes associated with the homicide of Caylee Anthony in addition to or to the exclusion of murder.