Well my unfaithful friends, having watched the defense bungle their way through the last three years, I provided my opinion on every imaginable issue in this case.
So as we countdown to opening statements, I thought I would provide my final predictions about the Casey Anthony case.
Prediction No. 1: An Accidental Death Defense
Some of you may not know this, but my very first post ever about the Casey Anthony case was on September 28, 2009 in response to a blog post by IT’S A MYSTERY 2 ME! titled Can circumstantial evidence convict Casey Anthony? Yes, it can.
Her post was partially in response to a WESH 2 News interview I gave where I stated the State has a weak case for premeditated murder, nevermind the death penalty. In sum, she disagreed with my assessment that the case was weak and was very much of the opinion that an accidental death theory would never fly.
And so I responded to her post and gave her my opinion of how the defense could spin an accidental death theory (actually three comments).
- Comment 1: September 28, 2009 2:18 am (Guilty, but of what?)
- Comment 2: September 28, 2009 9:02 am (Accidental Theory Developed)
- Comment 3: September 28, 2009 9:17 am (Dealing with Duct Tape)
Interestingly, my response then is almost exactly what I believe the defense will argue now (although I think George will be the fall guy, instead of Cindy).
Prediction No. 2: Casey will not Testify (in Guilt Phase)
I must admit, I have vacillated on whether Casey Anthony will testify or not, but ultimately have decided she probably will not.
No Ugly Coping, No Testimony
Her only chance of a complete exoneration (on the felonies at least) would be to testify that there was an accident and then explain why she acted the way she did afterwards.
The problem with this though is she would have needed psychologists to testify that she suffered from post-traumatic stress in order to establish the foundation for a jury to take her post-death actions seriously. This would have basically been the Ugly Coping defense.
But considering that they (1) withdrew their psychologists as to the guilt phase and (2) the information released indicates there were no “serious” post traumatic problems, there is no realistic basis for them to advance this theory or get a jury to buy into it.
They don’t call it Cross for Nothing
The reality is that without a confession from Casey or an eye-witness, the State likely does not have enough to obtain a First Degree Murder conviction, and is even less likely to have enough evidence to obtain a death penalty sentence.
However, if Casey Anthony were to testify, there is only one of two things that would likely happen.
- The jury will believe her or feel sorry for her and exonerate her of the primary charges; or
- The jury will disbelieve her and she will provide the missing element the jury would need to not only convict of First Degree Murder, but sentence her to death (remember, 7 people is all the State needs for the latter).
And therein lies (no pun intended) the problem, Casey Anthony would not only have to successfully explain away EVERY lie, her explanation would have to be believed.
Success depends upon previous preparation, and without such preparation there is sure to be failure. – Confucius
And I can tell you from experience that successfully preparing a client to testify, a truthful client mind you, is extremely difficult. You have to anticipate every possible question a good prosecutor would cross examine your client on and prepare your client to:
- Explain every possible hole in your defense.
- Provide precise details about the events leading up to the arrest, even irrelevant details.
- Explain every lie, big and small.
- Explain every inconsistent statement.
- Explain why you she should be believed, even though it conflicts with other witnesses’ testimony.
- Not to get confused.
- Not to change the story.
- And the list goes on and on.
I can tell you that I have spent days in some cases, weeks on a few occasions, preparing clients (that I believed were truthful mind you) to testify in cases that involved a fraction of the evidence and witnesses as Casey Anthony’s case.
Based on the amount that Jose Baez and Cheney Mason have visited her to date, there is no way that they could have properly prepared her to testify.
The Crucible of Cross-Examination – Supreme Court Justice Antonin Scalia.
And even assuming that they have prepared her to testify, the real question is have they prepared her for what Justice Antonin Scalia has described as “The crucible of cross-examination”?
From what I have seen of her police interviews and jail house visits, she comes across as callous and deceitful, so I highly doubt that they could train her to maintain a stable facade and presentation against hours of cross-examination.
To further compound the problem, it is clear that Casey Anthony has an animosity of, and personal dislike for, Assistant State Attorney Jeff Ashton. So while I highly respect Linda Drane Burdick and Frank George, it just seems obvious that Jeff Ashton would be the best choice to cross-examine Casey Anthony and the one most likely to break her.
Having tried cases with Jeff, the best compliment I can give him is that he cross-examines witnesses like a zealous defense attorney crossing a jail-house snitch. I could easily see Casey Anthony snapping against Jeff Ashton and her completely breaking down on the stand.
Which brings up the biggest risk in having her testify. If she does not pull it off, the only logical conclusion the jury could reach is that her whole story was a charade to cover up the truth: The truth being that she did intentionally murder her child.
In essence, she could testify herself right into the death penalty. That is to risky a proposition for her to take.
Prediction 3: Anything but Death, Defense will Claim Victory
My final prediction is my most frustrating one and highlights what has been wrong with this case from day one.
In my opinion, Casey Anthony has been used by a series of lawyers for her case’s notoriety in order to advance their own narcissistic and inflated egos. (I exclude Ann Finnell and Lisbeth Fryer, as I have not only been impressed with their work but the way they have conducted themselves.)
I have said many times that a defense lawyer’s goal should be to obtain the best resolution that is most realistically likely for your client. In Casey Anthony’s case, this resolution was probably somewhere from 10 to 20 years in prison on an Aggravated Manslaughter charge.
But even assuming that there was in fact no offer ever made by the State; the last thing her defense should be doing is litigating her case in not just an inept way, but in a manner that could be used against her if she is convicted; as it would show a lack of remorse.
- Allowing her to appear on TV with a help find Caylee Button – think about how negative a jury would see this if they find her guilty as charged.
- Blaming George or Lee for sexual abuse.
- Blaming the meter reader (although I thought he makes for good reasonable doubt)
- Admitting on TV your (former) client lied (nice way to maintain client confidences).
However, Jose Baez, Andrea Lyon, Linda Baden, Todd Maculuso, Todd Black, and Cheney Mason have taken it upon themselves to appear over a hundred times on national and local television to float every possible theory, conspiracy, or attack they can.
And what do they have to show for it? Nothing.
Ironically, of all the motions, claims, and arguments they have made, the most significant victory came not from their own doing; but from Judge Perry, who sua sponte advised the State he was not going to allow the jury to smell “canisters of death.”
And so, after all their posturing, puffing, and spurious claims, I predict the defense will claim victory if Casey Anthony is convicted of anything short of First Degree Murder.
And, when proclaiming how great they are, how they “won” in the face of unfair and overwhelming odds, and likely how they expect to win on appeal; they will embark on a media tour that will make O.J.’s defense teams look minor league.
And to make matters worse, the media will play right into it, paying the attorneys “appearance fees (I prefer blood money) trumpeting their exclusive interviews and proclaiming Baez and his crew to be “experts,” or “high profile attorneys,” or preeminent.
In reality, Casey will likely get sentenced to a prison term that is longer than what a good plea bargain could have obtained.
But they will not acknowledge this, nor will the media even mention it, instead they will be heralded as winners; when in fact their client lost.
But what personally bothers me most, is that other young attorneys, incompetent attorneys, and shady attorneys will see that embracing the media to the detriment of your client’s best interests is, nonetheless, Good for Business.
We’re leaving together
But still it’s farewell
And maybe we’ll come back
To earth, who can tell?
I guess there is no one to blame
We’re leaving ground
Will things ever be the same again?It’s the final countdown.
The final countdownThe Final Countdown by Europe
66 responses to “The Final Countdown!”
Why did you call us unfaithful friends?
Its an inside joke that original readers might get…
I had to read back a bit but got it! 🙂
Thank you so much Richard. You are always so fair and the one voice of reason regarding this case. I have so much I want to say, but I’m still digesting everything you wrote. What a great blog post!
I will say this, if Casey had hired you as her defense attorney, she would be in a lot better position than she is now…that’s for sure! Not that it matters, and I’m sure it’s already been asked, but if she had called you in the beginning, would you have taken her case? I can’t help imagining how different things might be if she had a great attorney like yourself. She’s blown through how many attorneys so far? You, and YOU ALONE could have defended her a thousand times better than her so called “Dream Team”.
Thanks so much for sharing your insight with us. I have come to rely on your opinion more than any other attorney out there who is commenting on this case. You are so level headed and you keep it real, fair, and you never sensationalize the details! I admire your integrity and the high respect you hold for your profession. You are what all young and hopeful attorneys coming out of law school should aspire to be. You are one of the good guys!
Amen!I second your post.Here’s to you Richard!
Richard always calls us his unfaithfuls, not sure why but I think it’s his little joke, saying that, it always make me smile when he does. I don’t think he means it as an insult because he called us that when he asked for help on the jail snitch calls.
Looking forward to hearing you on WS’s radio this week – whatever happened to blog talk radio with Steph Watts?
I think the defense has been testing the waters these last few months and years on which theory has the most legs. I still don’t think an accident theory ticks all the boxes and I don’t believe they’ll use it. The only thing Casey Anthony has ever admitted to in regards to wrongdoing is the check fraud (I wonder at times if it was Lyon that pushed that plea of guilty?) I just don’t see her admitting in any way shape or fashion that she is guilty of “something”.
Time will tell and I guess we will all know in a few short hours.
Hornsby you deserve a lot me credit than you get, you are the only lawyer that has consistently called things and got them right on this case. Just wish we could hear more from you rather than those windbags on the telly.
So how do you present the ugly coping defense without having Casey testify?
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Thanks Mr H
I agree with you that the lawyers in this case did not have Casey Anthony’s best interests at heart and yep, all will claim victory if she escapes the DP.
A far cry from Todd Macaluso claiming she was innocent, that they had evidence to prove the body was moved and that this was stranger abduction. Or Mason claiming she would walk out of court on his arm.
That said, I doubt very much if 12 jurors would go with the accident theory. Three pieces of duct tape over a baby’s face and another piece found with Caylee’s remains does not suggest accident unless your name is Michael Baden or Verner Spitz. And we know juries do convict when the cause of death is unknown. That’s why Scott Peterson sits on death row. I doubt Casey will receive the DP but the cases are not dis-similar. Scott did some ugly coping of his own.
Given the talent on the prosecution side and the jurors seeing Caylee’s skull with the tape still applied, I believe she will be found guilty of first degree murder.
Excellent Richard, you are spot on as always. The problem is, KC was a liar & a thief BEFORE she murdered Caylee. KC didn’t have a job, she pretended to go to one everyday & she pretended to have a non existant nanny. ALL of this is fact BEFORE she murdered Caylee. KC wasn’t afraid to steal & lie to her parent’s endlessly, imo, this will be a tough sell as the evidence doesn’t support this. The jail videos in which Baez said “painted an ugly picture of KC” showed exactly who ran that family, it was KC! GA & CA both afraid to even ask KC a question about Caylee, KC ranting at them, Richard, I just don’t think 12 intelligent jurist will buy the theory. So the Defense will want the jury to think that KC left Caylee with GA/CA, her primary caretaker’s & only financial support, most of the time because she thought her parent’s were abusive? Most adult children that claim they were abused CHOOSE NOT to ever leave their children with those parent’s. It doesn’t make sense, I don’t think the jury will buy it. It will be shared that KC didn’t want to have Caylee, too, imo, Lee is not going to lie to support KC’s allegations, besides the giggles & the tubesocks, he is functioning normally, doesn’t have a criminal record & didn’t choose to steal from his parent’s instead of getting a job.
Geragos tried to sell “the roving gang theory to 12 jurist with common sense” although there wasn’t a cause of death for Lacy, he now sits on Death Row, imo, the State has a tightly woven case & the Defense does not,
Hi Richard,
I must admit that I had a fair amount of respect for you prior to this post. However, it has just immediately shot through the roof.
I agree with most of your predictions (especially the accidental death theory) and your comments under your third prediction about the attorneys in this case just using Casey Anthony as a pawn to advance their own egos (and media careers) struck accord with what I have been saying ever since I stumbled across this case. This is the one thing that has annoyed me most about this case, Casey Anthony, regardless of whether she is guilty of murder seems to have done some quite terrible things but she is entitled to a fair trial and representation by effective and competent counsel. Baez does not appear to be competent to try this case and further save for Ann Finnell none of her current attorneys seem to be effective.
I would add Andrea Lyon to the list of attorneys excluded from this statement since I think she entered the case for altruistic reasons. I also don’t know much about Kenney-Baden and Todd Maculuso, however, suspect that Kenney-Baden was fame-seeking, given the fact that her and her husband are part of the crowd that always seem to turn up during every high profile trial (OJ, Spector, etc).
As to your first prediction: this seemed like the most obvious defense strategy. I would like to thank you for your dispassionate and reasoned analysis of such a defense
As to your second prediction, I totally agree. Casey Anthony testifying would be her own worse nightmare, regardless of her guilt, innocence or otherwise. She would testify herself to death row.
One last comment: I agree with you that ICA may well not be guilty of First Degree Murder and certainly don’t think that the state can prove it subject to one caveat: I don’t think the Defense team is any real match for the State Attorneys. I think that could be the nail in the coffin for Casey.
I will have to see how decisively the SA presents the forensic evidence before I guess at whether they will find for Murder 1 or a lesser charge. However, they will surely ask themselves, “Why would she go through all of this (the lies, a DP trial, waste of resources, etc.) if she didn’t intentionally kill Caylee?” Premeditation does not have to be a specific (long) amount of time. Only a moment. This jury will be so offended by the facts of this case that Casey will receive zero benefit of the doubt from them.
I agree with you completely that the defense team has done a great disservice to Casey. Will we ever know if her attorneys advised her to plea?
Richard, my question to you is, what would you do if your guilty, lying client wanted to take it to the wall, despite your best advice? Obviously, this is Casey’s m.o., but I also believe that Baez has not acted in her best interests.
Love your posts. Hope you do a followup after the defense’s opening statement.
Regards,
The unfaithful
Your latest post is sadly so very true. All of this nonsense started quite some time ago though with all of these infotainment shows that give such lawyers a forum.
I think this case has really shown the folly of such a liberal sunshine law also though.
I do have a question for you that is loosely related to all of this. Nancy Grace and audience; cult or dangerous cult?
WTF? Where did Roy Kronk get Caylee’s body from? Yeesh. Why did he make it so convoluted?
Interested-Exactly what I was thinking. If Caylee drowned how did Kronk get the body? Makes Baez theory sound even dumber.
Why would Baez ask George if he had heard from anyone, especially the prosecution, that Caylee had drowned? If George was there to cover up the crime, according to Baez’s own opening remarks, why would George need to get this info from anyone else? This makes no sense. Baez, through this question, demonstrated that he knew George wasn’t there. What was he trying to illicit?
Baez said that Caylee died in the pool, saying something to the effect that it could have been morning or afternoon then quickly changed to morning because he knew George went to work in the afternoon.
Casey is also shaking her head no, when Baez is asking George if he ever molested Casey. Unless Baez has something to back it up other that Casey, I don’t see it working.
Baez should have just went with the accident theory where Casey paniced and decided to coverup out of fear that everyone would hate her and blame her for ruining their seemingly perfect family. He could have stated her cover up behavior was learned from her parents. That Casey carried on the lies so long, even after her arrest, because her parents had hope that Caylee was alive and she saw the pain they were going through and knew their pain would be worse if they knew Caylee had died. I think that would have been their best defense, not try to throw everyone but Casey under the bus.
And how is Kronk suppose to have gotten ahold of the body to move it? That one makes absolutely no sense to me.
When Baez talks about the trash in the trunk, what day did he say it was put there by Casey? Casey texted Amy about the bad smell several times, then said she found the source to be a dead squirrel on the grill. My trash is in the trash bin for up to a week in the heat, at times being wet, but it has never smelled like a dead body.
***Casey is also shaking her head no, when Baez is asking George if he ever molested Casey. Unless Baez has something to back it up other that Casey, I don’t see it working.***
Casey was shaking her head no when George Anthony denied ever molesting her, which obviously meant she could not believe her father would deny the allegations. He said, she said = reasonable doubt. Or so I would assume.
If Baez had just a modicum of a clue on how to cross examine a witness (George Anthony) I think the damage today would have been much greater to the entire Anthony family. But I do have an unpopular true confession, I am one of those people that believes a person is innocent until proven guilty in a court of law. Pretty silly, huh?? This case is in the infant stage, will be interesting to see if Mason takes over cross examination, for the next few days.
Great article, Mr. Hornsby… I truly appreciate your time and look forward to your posts. Encouraging to read fact vs. media hype or pretend lawyers ( aka bloggers) and mob mentality rants.
Thank you!!
“Baez should have just went with the accident theory where Casey paniced and decided to coverup out of fear that everyone would hate her and blame her for ruining their seemingly perfect family.”
Or at least stick with George being involved in the cover-up, moving the body via Casey’s car trunk. Why bring in Kronk? How does Kronk just happen upon the remains, and keep them, then move them around, and yet there is no report of decomp smell in HIS car, trunk, or apartment, etc? The Kronk inclusion defies logic. It makes you question you other parts.
Interested
I think they are going to say the police never checked or tested Kronk. Thats just my guess though.
They can say that, but doesn’t the man have friends? The defense had an investigator sniff out anyone that they could find who was associated with Kronk. Were there no neighbors, or work colleagues, that were close enough to smell decomp around Kronk? I mean, according to the defense, he had the body for months. The point is Casey’s trunk stunk, no one said the same about any of Kronk’s vehicles.
I must admit that it was a nice touch to bring up that George left the home just after Casey became preganant, but to assert that George knew about it from day one just has too many holes. If I am on the jury, now you have to convince me that not only did Casey run around for 31 days knowing Caylee was dead but so did George.
It will be interesting for the defense to show how Kronk came in possesion of the body. I think that there are many landmines waiting for them there.
That is a really good point.
I will say that Baez was much more animated, dramatic and charismatic than the prosecutor in opening statements. I think that if he doesn’t return to the smirking or whining persona, the jury will really like him. The prosecutor was flat, dispassionate and monotone, even though she had a well prepared opening statement. She is clearly smart, but I think she could lull people to sleep as the trial proceeds. Her partner, Ashton, is much less droning in speech, he projects his voice more effectively, is more engaging and ultimately more likable.
I disagree. LDB was a captivating storyteller. I know the case, and she had me asking, “…and then what…” in my head. Baez, in comparison, screamed TABLOID article. Completely soapy in nature and far-fetched. I do agree that Ashton has a perfect mix of concise information and an animated delivery of that information.
You must admit Richard, that was quite an interesting opening statement given by the defense! Can you tell us if you think they have now forced Casey into a position of having to testify in her own defense?
I would love to know this to. Opinions by other attorneys are that she would
I thought it was riveting. But then he really bombed with George Anthony, i.e. the boogie man, on cross.
And while his opening made for good theater, if Casey Anthony is the only person who substantially supports his wild theories, he is not going to fare well.
Ahh no. So you think the Defense need to call Casey to support the accidental death and/or sex abuse claims? I thought the Defense would only need to raise the possibility and say that the prosecution haven’t disproved the theory therefore it is reasonable doubt.
If Casey has to testify to support this defense theory then I don’t think this is going to turn out well for this Defendant!
Is it unreasonable to think that the defense is preparing the jury for Casey’s own (pre-penalty phase) testimony, considering the allegations made during its opening statements?
As there is no evidence to support the defense’s many theories, and in fact there are substantial evidences with which to discredit the defense’s theories, it seems to me that the only hope the defense has of creating a reasonable doubt is to put Casey on the stand so that her retelling of the alleged events might play upon the sympathies of at least one member of the jury. It would take but one to believe her for the defense to claim victory.
Thanks Richard for another wonderfully thought provoking article! I wait anxiously for all of your posts and wish only that you would stop in more often!
Unfaithfully yours,
Autumn
Oh forgot to say. Thanks for all your helpful and informative posts
It was even more fantastical to suggest that Kronk found the remains, held onto them, and then planted them later.
Richard,
Do you think that the jail videos are also problematic for the George the boogie man theory? I have watched a few. They make that boogie man argument a tough sell.
As always, I enjoy your insight on all of this.
I am sorry for the double but I meat to also add that on the jail videos, George comes across as a very patient, caring father who is genuinely searching for answers.
A bit off topic, Richard, but humor me if you will please. Can you give us any insight (from the other side of the aisle) of the personalities of the State’s Attorneys Linda Drane-Burdick, Jeff Ashton and Frank George? Have you gone up against them in any of your cases? Professional opinions of each? Personal opinion regarding their personalities (without giving away anything you should not)? I don’t want to put you in a bad spot, but I am curious how they are perceived in the field. Thanks as always.
I have had many cases and several trials with Frank George and can say without any reservation that he is one of the most ethical and professional prosecutors I have ever had cases with. He was a public defender at one time, so he is more pragmatic about his dealings with defense attorneys.
I have had a fair amount of cases with Jeff and two trials. He has a reputation for being a hot head and does not suffer fools well. For whatever reason, I have always like Jeff because he reminds me of how I would be if I was a prosecutor, and while some defense attorneys think he is not above board with discovery issues and such, I have no problem with him making defense attorneys do a little work.
I do not believe I have had any cases with Linda Drane Burdick, but I am not sure as I could have had cases with her early in my career as a PD and just not remembered her. But from what I have seen, she is a by the books person and calls them like she sees them, which is fine with me.
Thank you so much for this insight. I was considering posting that question on WS for consideration during your upcoming radio interview.
I have been fascinated by the dynamic between the SA and the DT. FrankG seems so affable and likable (shaking hands with the court deputies, etc), LindaD seems tough and capable, and seems quite respected by the DT. It appears they get on fairly well.
The DT seems to absolutely despise JA. I mean loathe. I’ve been wondering lately if it is in response to something JA did/does (can you elaborate on the discovery comment above)? Or is it kind of like the days of HS where sometimes super smart kids got bullied by less-smart kids who were intimidated? (See: CM “joking” during a depo that Jeff was in the video with Todd Macaluso holding hands skipping down the beach, nude.)
Thanks so much for the feedback, Richard. It’s nice to get to know something about these people since we don’t see them in the media. Much appreciated.
A lot of the talking heads on the news channels tonight are giving Mr. Baez high praise for his opening statements earlier today. Personally, I thought he did very well at the beginning…suggesting the accident theory. But he should have stopped there because as he continued, he ventured into crazy-land. His opening statements were all over the place and became increasingly disjointed as he continued speaking. I just sat there with my jaw agape literally thinking “WTF?” Perhaps I could have bought into the accident theory if he had just left it at that, but Baez ruined it for me by suggesting George (and others) had a hand in Caylee’s death and the cover up that followed. And also, insinuating that George was the father of Caylee (YES HE DID…I’m sure that’s what he was trying to plant in the jurors minds). That insinuation, along with the “penis” statement, really turned me off from everything else he said during his O.S. And then saying that Kronk somehow got hold of Caylee’s decomposing body and carried it around for months before planting it “on the side of the road” on Suburban Dr. so he could reap the reward money was just totally off the wall and nutty. Really? ReALLY? If I may borrow a phrase from Sgt. Allen, “Does that make sense to you?” How did Kronk get the body? And if Caylee died by accident in the Anthony backyard, why is Beaz so determined to discredit the cadaver dog testimony? Baez was all over the map blaming Caylee’s death on just about everyone he could, but he also admits that Casey HELD a dead Caylee in her arms in the Anthony backyard! I understand that he is trying desperately to distance the fact that Casey most likely drove around with a dead Caylee in the trunk of her car for 4 days, but the story that Kronk somehow got the body is totally, 100% ridiculous! Who is ever going to believe that? The prosecution is going to lay out that facts, and the jury is not going to have a hard time connecting the dots and come to the conclustion that Caylee was indeed in the trunk of the Pontiac while Casey drove around for 4 days before dumping the body in the woods off Suburban (not on the side of the road as Baez would like the jurors to believe). We have several people admitting to smelling decomp coming from the trunk – including Casey, although she blames the smell on dead squirrels. We have the hair band science coming in. We have the air samples. We have the stain! OH wait…Did Kronk steal Casey’s car while the body was in the trunk? Is that what he will say next? Sorry, Baez’ theory that Kronk dumped the body is just LAME! Not going to float in my humble opinion.
I realize that we have much more knowledge about the discovery and evidence – much more than the jurors do at this point, but how do you suppose they received Baez and his opening statments today? Do you think they were able to follow him well and believed what he was saying happened? As the trial progresses do you think the jurors be turned off by his style of questioning witnesses? I sure was. He comes off completely arrogant and smug… a pompous S.O.B. ( in my opinion anyway). I’m afraid his courtroom personality is going to have a negative impace on his client. Now, I’m not a lawyer, but can’t you can catch more flies with honey than you can with vinegar? That’s all I’m saying. He needs how to learn the game.
If I had to grade him today, I think I would give him a C- if I were being generous…maybe even a D+. He was on the right track in the beginning of his opening statment, but he derailed pretty quickly and lost me. What grade would you give him for today’s performance? Do you agree with the talking heads who are giving him high praise tonight?
Erin,
“Did Kronk steal Casey’s car while the body was in the trunk? Is that what he will say next?”
I’ve been all over this one! Inside out and upside down, all over it, suspecting someone would be accused of stealing Casey’s car and dumping it at Amscot; but there’s no possibility of that. There wasn’t a day when Casey wasn’t in sole possession of that car, up to the moment she dumped it at Amscot.
By her own sworn testimony, given in numerous depositions, along with the videotaped encounters with her parents at the jail, Casey herself will blow big gaping holes in the opening statement!
I agree with you completely, Erin. Verbose? I’ll raise that bar!
To me, there is so much wrong with Mr. Baez’s opening statements. It is too far fetched and unbelievable. It’s not reasonable doubt, it’s just a fairy tale in purest form. A bad dream. I couldn’t help but think Mr. Baez was attempting to sell the world on how incredibly unlucky Casey Anthony is! She is not only unlucky but she’s the biggest victim in all of this. It’s everyone else’s fault BUT Casey! This case has sickened me – such tragedy on so many levels. Yesterday I was literally left with an ache in my stomach.
What Mr. Baez is selling:
Here’s the story – and it’s a wild one. This is sadly an extremely dysfunctional family at best. Explanations are not plausible. Reactions not normal. Logic has eluded not one of them but ALL of them. Common sense is not common at all.
The history of bad luck: Casey Anthony style
Casey was sexually abused not only by her Father but her brother too. She’s been raised to lie, she unexpectedly becomes pregnant, Caylee’s biological Father is killed, Caylee accidentally drowns, George Anthony initiates a cover up of the drowning, a stranger obtains Caylee’s corpse, Casey is left alone in this cover up to ‘fend for herself’, Cindy Anthony sets in motion- through her persistence- for the entire house of cards to fall. Casey is charged with first degree murder and is facing the death penalty. Her Father abandons her in court. Wow! Poor, poor girl. Those are only the ‘major’ issues; not taking into account she can’t seem to keep her lies straight for many years, graduate from high school, maintain lasting relationships, depend on birth control, keep a job, gas in her car or remember to dump trash from her trunk and many, many others.
The plausible explanation: Really?
Mr. Baez states Caylee could not be found on the morning of June 16th and both George and Casey looked for her. Ok, this family is dysfunctionl at best so ignore the fact that Dad as a former Police Detective and Mom a Nurse do not take precautionary measures with a pool and a young grandchild in the house. Casey as a Mom is not concerned either. A lock on the door Caylee couldn’t reach, a pool alarm etc. Common sense is not common. Ok, you’ve got our attention.
Now back to the story- Caylee can’t be found on that day. Who wouldn’t head straight to the pool area? Well of course THEY wouldn’t! Instead they both exit the house – in the front – and go in opposite directions. When Casey gets around back, George is already holding Caylee’s body. Did George not have to climb in the pool to pick her up? He’s already retrieved her, checked for a pulse etc? Did he not yell in any way “oh no” she’s in the pool”!! “Call 911”, nothing? He doesn’t begin CPR? Of course not! Can I stick with this story? Do I find it believable – yet? His reaction is not emotional as expected, he immediately says “look what you did – your Mother will never forgive you.”!! This isn’t Mom’s prized heirloom vase you’ve broken, this is a child who has accidentally drowned! And wait! Isn’t George the ‘bad guy’ molester? – but now suddenly we should be scared of MOM? Oh, and there’s jail too! And all you can do is stand there and cry. And cry. And cry. Reactions not normal. Common sense not common.
The Devil is in the details:
Not only did ‘normal’ reactions elude BOTH George and Casey during this time – such as shock, fear and panic – a body’s response – Oh God, oh God, oh God, but NOW the story will get even more plausible. Really? Oh yes! Logic and common sense have escaped in entirety! They too have drowned in the pool. In this moment of their lives – the worst they will ever know – they will BOTH now agree to cover this up! It will be George who initiates this idea. The former Police Detective. The man who KNOWS the procedure for investigations. The scrutiny. The questions. The risks. But wait! Common sense? Are you there? IF you are going to cover something such as this up, isn’t George the best possible person on the planet to do so? Yes! HE will know exactly what type of lies – explanation – ruse – to get us out of this mess. WON’T HE? He’ll concoct a lie of such magnitude that nobody will ever question us. We’ll be home free. Ahhh, now we can feel better. Finally! Ok, what’s the plan, George?
The missing pages of the story: did Mr. Baez eat them?
The Coupe de Gras:
A stranger appears and has obtained Caylee’s corpse! Could this get any better? Rather sadder? Maybe comical? Oh yes! The plan, George – what WAS the plan? Which one of you removed Caylee’s body from the property? Was she buried somewhere? Oh wait, Mr. Baez has skipped THAT part of the story! He says we’ll never know. Does he assume we too have no common sense? No logic? George didn’t concoct a plan at all, rather he left Casey to do so on her own! Really? Sure! She’s been taught to lie her entire life. She’s a master at nothing BUT lying! George, the former Police Detective, is confident in her ability. He’s double checked her story. Wait – he did, didn’t he? There will be questions – Caylee’s absence, Zanni the Nanny, a pretend job, an abandoned car, a smelly trunk but Casey will take care of it all. George isn’t worried. He’ll even quash Cindy’s worry and attempts to find Casey – find Caylee. He’ll tell her “don’t worry.” He’ll reassure her about Zanni the Nanny. He’s so confident in Casey’s lies that he won’t see nor speak to her during this time because he feels THAT good about it all. He’ll play along with her grandiose lies by displaying suddenly appropriate emotional reactions by focusing on being a grieving Grandfather. Doing all he can to find his supposedly missing Granddaughter, Caylee. What a great ruse! Casey, what a fine job you’ve done with this lie! This is by far your very best work. So grandiose! But later, he’ll throw Casey under the bus and face Cindy when it all falls down – because isn’t she the one to be really feared afterall? He won’t be concerned with being prosecuted for this himself. He won’t be bothered by the fact his daughter will face trial. Family secrets may come out. Public humiliation. He’ll revert back to his form of no plausible explanations. Bad habits, embarassing choices. Foolish behavior. Shame. Regret. And remind us how did ALL of this start? Oh yes, Caylee’s accidental drowning. Common sense remains elusive and logic, perhaps, died along with Caylee.
The Really Bad Luck; Logic and Common Sense take the Red Eye
This is the beginning of the end of the story. IN THE FORM OF A JURY Mr. Baez’s incomplete story ends here. He isn’t selling anything. Casey’s bad luck wasn’t bad luck afterall. George and Cindy, who’ve been in total denial for far too long, will now receive the proverbial ‘smack in the face.’ The public will suffer through the whole sordid mess but in the end, the facts WILL add up. Logic and common sense will be posessed by the Jury. The facts WILL NOT LIE. The story will, in the end, become complete. The missing pages found.
And in Hornsby fashion ……
Amazing Grace
How sweet the sound
That saved a wretch like me
I once was lost, but now am found
Was blind but now I see
My gosh! I had no idea my post was so long winded. My apologies!
Erin said: My gosh! I had no idea my post was so long winded. My apologies!
LOL…I enjoyed reading it; you make excellent points; I agree with you that Baez went too far!!!
What the hell is the good of having a “riveting”, “bombshell today” type opening if you then go and butcher cross-examination of the “monster” you just slaughtered – with basic impunity?
Left in the hands of an even semi-skilled attorney, this opening might have had some legs for a while.
I think after the big, “wham,bam,pow,flop,fizzle,thud” of the combined opening and subsequent cross-examination of George, the jurors are left to wonder what the hell they just witnessed, but with one thing sure left to ponder….”somethings not right here, (to take the words out of Baez’s mouth) I believe this thug like, angry, little inept man is lying to me!!!!
You can’t make sense out of nonsense. Caylee is dead in George’s arms, no wait, Kronk has her little body in a bag that he’s toted around and hid for months…this defense team makes me feel dirty!!!
If you hadn’t I would have! Thanks, Erin!!! Excellent points! You get an A+
Hi Richard,
I’m just wondering, why wouldn’t the defense concede to the evidence of decomp? Obviously the defense theory was chosen after Baez battled his balls off to have the cadaver dog, hair-banding and air quality test evidence thrown out; is that what’s tying him to the story as he presented it in his opening statement? Couldn’t he claim Casey revealed more of the story over time?
JB
I believe that Casey Anthony would not permit the defense to attach ANY guilt of any crime to her, thus the bizarre branching of multiple culprits. They had to come up with a scenario that Casey would rubber stamp. This story has her fingerprints all over it. Almost like a Zanny the nanny tale. Baez is probably doing all that he can within those restrictions.
In one of Lee Anthony’s depositions, the one where prosecutors are questioning him about photos deleted on Casey’s computer and whether any of the Anthonys previously saw the trouble T-shirt found with Caylee’s remains, on the record, Baez asks Lee if there was ever any discussion of an accident, to which Lee replies, “No”. Can the prosecutors read the question and answer, or play the tape in court? It was clear that Baez’s purpose and intention was to illicit this response. I don’t believe that anyone was even broaching the subject of an accident when Baez got this subject in, at the last minute.
You need to look for video of Kalani/Krystal hollaway{george mistress} day caylee’s body found.
That video will show you where Baez is going with Roy Kronk /George
That one video makes it obvious Someone else knew where Caylee was left.
I believe that person is Dominic Casey, and the Anthonys, because I think Casey told them where to find Caylee. Whether or not that translated into Kronk finding out, I have doubts. I believe when Kronk bragged to his son, it was nothing more than hyberbole. Everyone had heard the story of Casey hanging out with friend near that location. Kronk was trying to impress.
Cindy Anthony will be the wild card. Baez is treading in dangerous water, as I believe that part of the Anthonys’ sketchy behavior, that we have seen through out, was driven by their desire to cover for and protect their daughter. He may actually push them to the brink where they admit this. I think that Casey Anthony probably did inform her parents, or at least Cindy, that the death of Caylee was caused by an accident, and that’s how they have been able to survive and continue to support her. I have no opinion on whether this is the truth of the matter, or not. It’s a chicken or egg scenario, what came first: Casey’s trouble and criminality or the Anthonys’ bizarre behavior? When push comes to shove, every family suffers dysfunction to some degree. Will Cindy go along with and corroborate Casey’s extreme version, or will she defend herself?
Hi, Interested! I agree with you regarding Kronk. He was trying to impress an estranged son. The main problem I’m having with all of this is, well problems, is:
– why keep Casey locked up for three years if in fact it was an accident?
– why decide not to put the psychologists on the stand to whom Casey told all of this nonsense? (Ashton sought further psychological evaluation of Casey via the state’s own Phd, at which point Baez backed off or ran away from the matter).
– why wait so long to accuse George of such a crime(s)? Failing to provide a child with much needed medical attention (such as calling 911) is a crime for which George, too, could have been charged, were any of it true. I seriously doubt that Casey, being Casey, would have sat in jail for three long years, awaiting trial and a possible DP verdict if she could have gotten out of it somehow!
imo Baez was skating on thin ice from the beginning, and in the end fell through.
You can al disect the testimony if you want, Casey comes off a liar in the first degree no matter what the defense presents
She was over charged from the get go
she will be convicted of 1st degree murder
no death penalty
the jury will have no choice
jmo
What do you make of the prosecution completely ignoring the defense’s stance of an accidental death? Is that wise? Should they be questioning witnesses about that? Doesn’t it bolster Baez’s assertion that the prosecutors have, and had, a one track mind? What’s your opinion?
Richard, where is Baez going with, or what does he hope to accomplish by asking Lazarro all of these seemingly asinine questions about Casey buying everything from guns to chloroform while they were at Blockbuster and the mall?
Does he think the jury is gullible enough, or confident enough in him, to believe that if Casey were plotting a murder, or had already committed one, she would tell Tony?
Also, how is it that he can proclaim drowning as the cause of Caylee’s death and get it into the record as he does when he says such things as, “Were you there the day Caylee drowned in the pool?”
Thanks, Richard!
She is definitely going to have to take the stand. I know that wasn’t a response to your question to Richard, but no way he can prove the drowning or rather create enough reasonable doubt without her. Although the jurors aren’t supposed to consider whether the defendant testifies, if she doesn’t, she will look really guilty.
Thanks for your response, Interested! It’s most certainly beginning to look like the defense, nor Casey, will have a choice in the matter but to put her on the stand. I’d certainly love to see that!
Hi Richard,
HLN now has “exclusive” video from Caylee’s 2nd Bday Party. Does this mean that either Baez or Cindy & George got another payday?
Really awesome connect the dots comments made by all… Thank you all and Richard!
I’m wondering if KC was “experimenting” with chloroform” as a “sleep agent” but instead of causing unconsciousness, Caylee inhales and ingests a toxic amount, convulses and dies… which ties in the chloroform searches… she couldn’t find or afford a stable source for Xanex …. a la… “we’re going to see Zanny… JoJo” so she tries chloroform… another thought is that she was doing a whole lot of who knows what and left Caylee in the car long enough to suffocate CMA…. George didn’t leave the house until late afternoon, so the drowning idea is not as likely (to me) given all the witness timelines; accident is plausible given all the phone calls to reach her parents. Premeditated murder by a sociopathic narcissistic pathological liar personality to get rid of the millstone around her neck is the worst possible image…., negligent manslaughter believable, the cover up unimaginable…. but, Baez certainly went overboard and drowned his own wild ride George covered up an accidental drowing strategy…. NOW it looks like she may indeed be a sociopath who planned her freedom…. anyone?
TMZ is reporting that the IRS has filed a Tax Lien against Casey Anthony for failing to pay $68,000 in taxes to the IRS in 2008. My question to you is if Baez can be held liable for this since she was in jail and most likely the checks from ABC etc went to Baez’ law firm? The dt really is a circus. Didn’t they have another atty that had to quit the defense team due to misappropriation of client funds?
Richard,
If this trial ends up in a redo, does the judge have to continue her indigent sttatus or can she be tossed to the public defenders?
Mr. Hornsby,
Do you think in case KC take the stand in the case-in-chief, will jurors believe what she is saying? I would not! So far she is a habitual liar! It’s been just 5 days!
Attorney Hornsby,
So what is your prediction of the outcome. Will she be found guilty to life or X number of years?
If she is found guilty, what will this due to her relationship with her brother, mother and father?
I believe without a shadow of doubt that she is GUILTY!!! This whole trial is a waste of $ and time! There will be a special place in hell for that cold hearted woman, I hope!
I have read some of the comments and I could swear some of the folks have not read a word you said. lol
911, What’s Your Emergency?
Operator: 911, What’s Your Emergency?
Casey: Hello?
Operator: 911, What’s Your Emergency?
Casey: This isn’t 411?
Operator: NO, Do you have an emergency?
Casey: Well no….not at the moment….
Operator: Are you sure?
Casey: No, of course not
Operator: Are you sure? Are you sure you’re child hasn’t been taken by the nanny?
Casey: No
Operator: No accidental drownings?
Casey: NO!
Operator: Any history of sexual abuse?
Casey: OMG! NO!
Operator: Do you have an emergency Ms. Casey?
Casey: No! I was trying to call 411 to get number to Fusion.
Call Ends
411 operator: City and State please?
Casey: (inautoable) Casey heard in the back ground speaking to someone (OMG, I’m such a good liar)