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"Editor's Note: As ongoing extended coverage of the Casey Anthony trial, WESH 2 News legal analyst Judge O.H. Eaton Jr. is answering questions about the case.\nCan Grandparents Give Victim Impact Statement?\nDear Judge Eaton: Can Cindy and George Anthony give victim impact statements during the penalty phase of the trial, and if so, can they ask the jury to spare Casey's life? -- Jill, New YorkVictim impact evidence is limited to evidence showing the uniqueness of the individual who was killed and the resultant loss to the community. Cindy and George Anthony will likely be allowed to make a victim impact statement if they request to do so. Victim\u0092s representatives are not allowed to discuss the merits of the case, disparage the accused or recommend a specific sentence. -- Judge O.H. Eaton\nDefense Case In Chief?\nDear Judge Eaton: Do you think the defense will mount a defense case in chief? They seem to be trying their case during cross examinations of the state's witnesses. --  Cheri, Batavia, Ill.We will have to wait and see. Any affirmative defense will probably have to include Casey Anthony testifying, and that is risky. -- Judge O.H. Eaton\nWhat If Casey Is Convicted?\nDear Judge Eaton: I have become curious as to what may happen to Casey Anthony in case she is convicted of first-degree murder and then sentenced, either to life in prison without parole or the death penalty. Specifically, I am wondering would her life in one or both of these situations consist of being in her cell 23 hours a day, eating alone, having any access to exercise, or even in the case of life without parole, being in a general population type of situation? Would she be able to do any type of work or otherwise occupy herself constructively? -- Catherine, Sacramento, Calif.Florida has more than 130 state correctional facilities. Several of these are exclusively for women.  Most of the life-sentenced women are housed at the correctional facility located at Lowell, north of Ocala. There are a few solitary confinement cells there, but they are used for disciplinary measures. There are two or three Death Row cells at Lowell, and they are solitary confinement cells. Most of the women prisoners are in general population and either live in dormitory settings or open bay settings.  The Florida Department of Corrections has a huge website, including a virtual tour of Death Row. -- Judge O.H. Eaton\nProsecution Preparing To Cross?\nDear Judge Eaton: At this point in the trial, how much time is the prosecution likely committing to preparing for cross-examination of the defendant in the event she testifies? -- DougThe prosecution was prepared to cross-examine the defendant months ago. They charged her and convicted her of four counts of worthless checks, so they could include the fact that she has previously been convicted of a crime in addition to all of her prior inconsistent statements. -- Judge O.H. Eaton\nJurors Allowed Alcohol?\nDear Judge Eaton: Are jurors allowed wine or alcohol while sequestered? -- Marie, Savannah, Ga.There is no rule prohibiting jurors from drinking alcohol in the evenings. Obviously, they are not allowed to be under the influence while in court or while deliberating. -- Judge O.H. Eaton\nHow Does Sequestration Work?\nDear Judge Eaton: How does the sequestering of witnesses work in the Casey Anthony trial? I've heard that the witnesses are sequestered, so that they can't hear one another testify. But since the trial is televised, how do you keep the witnesses from hearing the other testimony? They can't possibly be kept locked up for eight weeks as the jury is can they? -- RickWitnesses are instructed not to view the proceedings on television or in the newspapers. They can be asked under oath if they have followed that instruction. If a violation of the instruction becomes known, the court can hold a hearing to see if the violation was material. If so, the witness can be disqualified, held in contempt or both. -- Judge O.H. Eaton\nMORE: Extended CoverageSTAY UPDATED: Casey iPhone App\n\nUnanimous Verdict Of Guilt?\nDear Judge Eaton: Does the jury in this case have to be unanimous in its decision as to guilt or can a specified majority of the jury vote to convict? Granting that the penalty phase \u0096 especially if death \u0096 might have to be unanimous, of course. -- Di, Ocala, Fla.The jury must be unanimous finding guilt or innocence. Surprisingly, a majority vote is sufficient in the penalty phase. Florida is the only state in the union that allows a death penalty recommendation by majority vote. Most states require unanimity, but in those states, the jury\u0092s recommendation is the sentence. In Florida, the judge considers the recommendation, but makes an independent decision about the penalty. -- Judge O.H. Eaton\nCharges For False Reports?\nDear Judge Eaton: If Casey is found not guilty, can law enforcement file charges against her for filing false police reports? Does the jury have the discretion to downgrade the charge from first-degree murder to second or involuntary manslaughter? -- Jim, Apopka, Fla.Other charges could be filed if they do not arise out of the death of Caylee Anthony and are separate crimes. The jury will be allowed to consider lesser included offenses. The lesser offenses on the murder charge are second-degree murder and manslaughter. -- Judge O.H. Eaton\nWhat If There Is Mistrial?\nDear Judge Eaton: If there is a mistrial, does double jeopardy prohibit a retrial? -- Paul, Melbourne, Fla.There are two ways a mistrial can occur. First, the defendant can request the mistrial. Second, the jury is unable to reach a unanimous verdict. In either event, a retrial is allowed. A mistrial caused by prosecutorial misconduct can bar a retrial due to the double-jeopardy clause. -- Judge O.H. Eaton\nSurprised By Video?\nDear Judge Eaton: Are you surprised by Judge Perry's decision to admit the photo/video evidence involving superimposition of photographs of the duct tape and Caylee's face onto a photograph of her skull to illustrate that the duct tape could have covered both the nose and mouth? What is your opinion on the potential that this decision could be considered a reversible error on appeal due to the evidence's probative value being outweighed by its prejudicial nature? -- Dan, Huntsville, Ala.I think introducing the video was unnecessary and will become a major issue on appeal if there is a conviction. Appellate courts view the trial judge\u0092s discretion more narrowly in circumstantial evidence cases. -- Judge O.H. Eaton\nLimit On Mistrial Requests?\nDear Judge Eaton: Is there a limit on the number of times Baez can ask for a mistrial? -- Rose, Tallahassee, Fla.No. -- Judge O.H. Eaton\n\n.mostpoplink a:link, a:active, a:visited {text-decoration: none}\n.mostpoplink A:hover {text-decoration: underline;}\nMost Popular Stories On WESH.com\n"^^<http://www.w3.org/2001/XMLSchema#string>
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