According to this link, apparently, Casey's defense IS going to be someone else (the Nanny?) did it... Read here:
http://deathby1000papercuts.com/200...defense-and-the-odds-of-an-acquittal-page-2a/
Even though Baez claimed he wasnt going to disclose his upcoming defense of Casey Anthony, Kenney-Baden did reveal that the defense is planning to use the Sam Sheppard, or The Fugitive defense. This means that the defense will be relying on a case that was sensational for its time, a case where Dr. Shepard was convicted in 1954 of murdering his wife. Shepard claimed a bushy haired stranger was the culprit. The 1960s television show, The Fugitive was based on Shepard.
Using the Sam Shepard defense would mean the defense would have to prove someone else other than her mother Casey, murdered little Caylee. Since there are no witnesses to the crime, nor other suspects, other than the mysterious nanny, then the defense will have to rely on casting doubt on the prosecutions forensic evidence, which is what Kenney-Baden alluded to during her appearance on the Today Show:
This case may not be science, may not be accurate, may never have been tested, may not be reliable, Baden said, pointing out that the defense team has yet to be given all of the states scientific evidence.
This will be the defenses method of attack of the forensic evidence, casting doubt on the gathering, accuracy, reliability, and science of the evidence. Yet in the 1954 Sam Sheppard case, forensic evidence wasnt the same as today with the advent of DNA and other scientific methods which were unknown in the 1950s.
What the defense might try to prove is whether the forensic investigators for the prosecution bungled the evidence with faulty collection, chain of evidence, substandard testing procedures, or a relatively new science, the detection of the odor of human decomposition. The state of Florida has used the resources of FBIs Quantico forensic unit as well as other accredited sources so the defense may find itself in an uphill battle in discrediting their findings, which most likely will be addressed by the numerous hired guns on Caseys defense team.
In order for the state to garner a first degree (capital) murder conviction, the prosecution will have to prove premeditation. Two pieces of forensic evidence come to mind which may or may not bolster the states contention that Casey Anthony did intend to kill her daughter: the duct tape recovered from Caylees remains and the presence of traces of chloroform in the trunk of Caseys car.
The prosecution will present witnesses who will testify to their findings, the defense will then have their own rebuttal witnesses, or hired guns, who will attempt to discredit the prosecutions findings and/or witnesses who present the evidence. If the defense is unable to discredit the aforementioned forensic evidence, then the prosecution may be able to sway the jury into finding that Casey Anthony intentionally murdered her daughter Caylee.
The Duct Tape
According to forensic reports, duct tape was found covering Caylees mouth. The jury will be presented evidence which showed that when Caylees remains were discovered, her skull was separate from her body, and that all that remained on her skull was her hair and duct tape placed across her mouth. Other forensic evidence will show that the same type and brand of duct tape was found on a red gas can which belonged to the Anthony family. The red gas can was located in a backyard shed. Also found in the same shed, a black plastic garbage bag with yellow ties, a match to the one Caylees remains were found in.
Caseys defense has already begun to attempt to discredit the duct tape evidence, because, to the defense and the prosecution, the duct tape takes on significant meaning. On February 18, co-counsel Linda Kenney-Baden had this quote for the press:
Not only is this brand of tape the most widely sold in the United States, the State is relying on comparative analysis just like comparisons exposed as flawed in the study of bullet lead in 2004. These chemical studies have put hundreds of innocent people in jail.
Its yet to be determined if a jury will buy into Kenney-Badens claim that the duct tape comparative analysis is flawed.
On February 18, Attorney Jose Baez had this to say about the duct tape evidence:
The defense said its own experts would conduct an objective analysis of the evidence. They noted the duct tape, found to be similar to that on the gas can, is the most widely sold duct tape in the nation. It is just as important to focus on the fact that there are no fingerprints on the duct tape, and there never was any red sticker of any shape or size found on the tape, defense attorney Jose Baez said.
Yet FBI forensic investigators will present evidence that the duct tape did contain an indentation the size and shape of a heart shaped sticker. Prosecutors will also provide evidence that a heart shaped sticker was found where the remains were discovered. Evidence will also show a match between the sticker found at the site of Caylees remains, matched a sheet of heart shaped stickers found in the Anthony home.
Yet the defense will also have the extra burden of trying to explain to the jury just how someone else other than Casey Anthony had used the same type of black garbage bags with yellow ties, the same type of laundry bag, the same brand and type of duct tape, and the same type of heart shaped stickers found with Caylees remains that were also found in the Anthony home. The defense would have to tie the conspirators to the trunk of Caseys car, to the odor of human decomposition, and to the Anthonys home.
