Casey Anthony Was Acquitted of Her Daughter's Death in 2011 — Can She Be Tried Again?

When Caylee's body was discovered, police found duct tape stuck to the child's mouth.

Jennifer Tisdale - Author
By

Published March 5 2025, 6:51 p.m. ET

In 2008, the body of 2-year-old Caylee Anthony was found six months after she was last seen by her mother, Casey Anthony, and the child's grandparents. What would follow was a frustrating investigation made more complicated by Casey, who never gave investigators a straight answer.

Four months after Caylee disappeared, Casey was indicted and charged with first-degree murder despite the fact that police still didn't have a body.

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While Casey was in jail awaiting her trial, Caylee's body was found by a good samaritan who alerted police. Casey's trial didn't begin for nearly three years and lasted almost two months.

On July 5, 2011, she was acquitted of first-degree murder, manslaughter, and child abuse but was found guilty of lying to the police. For that, she received four years but was released soon after due to time served.

Caylee's killer has never been found. Can Casey Anthony be tried again? Here's what we know.

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Can Casey Anthony be tried again? Yes and no.

According to Cornell Law School, the "Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime." This means Casey cannot be tried again for Caylee's murder, but that doesn't mean she couldn't be tried for another murder. Let's hope that doesn't happen.

What Double Jeopardy does not protect Casey from is a civil lawsuit. This is what happened to O.J. Simpson after he was found not guilty of murdering Ron Goldman and Nicole Brown Simpson. In 1997, Goldman's parents, Fred and Sharon, brought a wrongful death lawsuit against Simpson.

A jury found him responsible for the murders of Goldman and Nicole Brown Simpson. Fred and Sharon only received a portion of the money owed to them. They sued Simpson's estate after he died, per NBC News.

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How was Caylee Anthony killed?

When Caylee's body was discovered, police found duct tape stuck to the child's mouth, per WFTV. Her remains were in a trash bag that was open, which means it was subject to the elements for the six months it had been outside. There was still hair, tissue, and bones left, but the water damage was pretty significant.

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Five months after Casey was acquitted, TODAY spoke with medical examiner Dr. Jan Garavaglia, who testified during the trial. She told the outlet that the "cause of death will be listed as homicide by undetermined means," due to the fact that there were only "skeletonized remains, hair, duct tape, and a few weathered objects to work with."

Garavaglia explained that her job does not involve determining who did it. "My job is to determine what happened," she said. "So I feel very strongly that we could say this was a homicide."

Unfortunately, there wasn't more the forensic evidence at the crime scene could tell them. Although no other arrests have been made in connection to the death of Caylee Anthony, the case is considered closed.

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