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Anthony's lawyers challenge death penalty

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Casey Anthony, pictured in an undated Orange County Sheriff's Office file photo, is the mother of missing Florida toddler Caylee Anthony. On October 14, 2008, a Florida grand jury indicted Anthony on charges of first-degree murder in the death of her daughter. (UPI Photo/Orange County Sheriff's Office) 
Published: Dec. 1, 2009 at 1:17 PM

ORLANDO, Fla., Dec. 1 (UPI) -- Lawyers for Caylee Anthony's mother say Florida's death penalty is unconstitutional and should be precluded as a potential sentence.

Casey Anthony, of Orlando, is to be tried in 2010 on a charge of first-degree murder in the death of her 2-year-old daughter, whose body was found Dec. 11, 2008 nearly seven months after her disappearance.

In a motion filed last week, defense lawyers Jose Baez and Andrea Lyon challenged the legality of the state's death penalty, The Orlando (Fla.) Sentinel reported Tuesday.

Baez and Lyon, an expert on death penalty law, also said prosecutors were using the threat of death as a "bad-faith" tactic to pressure Anthony into pleading guilty to a killing she did not commit.

The murder indictment against Anthony is vague and provides no insight into how or when prosecutors think Caylee Anthony died, Baez and Lyon said in asking for a court date to argue the motion.

Topics: Caylee Anthony, Jose Baez
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