The Akron Legal News

Legislators' reactions to Anthony trial not unexpected, according to local attorney

TIFFANY L. PARKS
Special to the Legal News
Published: August 15, 2011

Since last month’s acquittal of Casey Anthony, charged in the death of her 2-year-old daughter, legislation has been proposed throughout the country to demand harsher penalties for parents who fail to report a missing child in a timely manner. Authorities did not learn of Caylee Anthony’s disappearance until she had been missing for about a month.

In recent weeks, three bills relating to parents’ responsibilities in reporting missing or deceased children have been introduced in Ohio.

“This trial was very emotional,” said Daniel G. Hilson, a partner at Roetzel & Andress.

Hilson, whose practice area of government relations includes an emphasis on legislative and regulatory matters, said he expects a wave of endorsement for “Caylee’s Law” in the state.

“I anticipate there will be substantial support and after several hearings some form of legislation will be adopted even though there may be few, if any, fact patterns for similar cases in Ohio,” he said.

Days before Anthony, who was convicted of four misdemeanor counts of providing false information to a law enforcement officer, was released from custody July 17, Reps. Michael Stinziano and Marlene Anielski introduced their version of “Caylee’s Law” into the Ohio General Assembly.

The proposal, House Bill 299, would make it a felony for parents to fail to report a missing child under the age of 16 within 24 hours or fail to report a deceased child within one hour.

A week later, HB 299 was joined by House Bill 301.

HB 301, sponsored by Reps. Jay Hottinger and Peter Beck, doesn’t specify that the proposal be named after the Florida child but pitches a similar mandate to require a parent, legal guardian or custodian of a child under the age of 13 to report a missing minor to law enforcement within 24 hours.

A third measure, Senate Bill 203, was introduced last week by Sens. Capri Cafaro and Frank LaRose. SB 203 is a companion bill to HB 299.

Hilson, who served under two Ohio Senate presidents in various roles including chief legal and legislative counsel, said legislatures are a reactive body by design.

“This particular trial was very visible and highly publicized. While millions of Americans actually watched most, if not all, of the trial, the viewers were influenced by the television reporters and their ‘experts,’” he said, adding that the jury didn’t have the same exposure.

Many in the nation’s viewing audience were stunned by the Anthony verdict, and lawmakers reacted, moving quickly to draft and introduce “Caylee’s Law.”

“Generally, the behavior change sought is a failure of enforcement. However in this situation, the (proposed) legislation is an attempt to narrow the perceived gap and, in the minds of millions, correct an injustice,” Hilson said.

During the trial, he said, Anthony never denied killing Caylee nor did she offer an explanation of her death or say why she failed to immediately report the child as missing.

“Even though she may have been obligated to do so morally, she was not obligated to do so under the law,” Hilson said.

“Many of the viewers found it reprehensible that a mother would not report her baby missing for several weeks, would continuously lie about her whereabouts and then be set free after a well-publicized trial.”

He said that even though such a situation is not likely to be repeated, lawmakers will put forth bills as a deterrent and to “appease the voting public who were outraged at the trial outcome.”

Even so, not everyone agrees with the bills that have been introduced in recent weeks.

“I hear no outcry for this knee-jerk legislation. It seems very unnecessary with unintended consequences,” said Ritchey Hollenbaugh of Carlile Patchen & Murphy LLP.

Hollenbaugh, a member of the American Bar Association board of governors, is past president of both The Ohio State and Columbus Bar Associations.

In a prepared statement, though, Stinziano, D-Columbus, said “Caylee’s Law” needs to be enacted.

“This measure is long overdue. Right now, there is no criminal penalty for parents who fail to report to law enforcement when their child is missing,” he said. “Protecting children must be our overriding concern.”

A press release from Cafaro, D-Hubbard, said Caylee’s grandparents used to live in Trumbull County which is part of her district.

“Her family’s connection to the Mahoning Valley made it feel even more personal to me and many of my constituents,” she said. “It is my hope that this terrible tragedy will lead to changes in our laws that will prevent a similar situation from happening in Ohio.”

Hilson said he’s not shocked by the creation of “Caylee’s Law.”

“Legislators are politicians, meaning they are elected to office. A politician has to be responsive to the needs and wants of the voting public if he or she desires to be re-elected,” he said, adding that passage of such laws act as a “statement or demonstrates society’s desire to stop such behavior.”

All three Ohio bills are awaiting a committee assignment.

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