Former Defense Attorney,Todd Macaluso *Merged*

[Lovejac]

Is this guy serious? There is absolutely NO explanation for all her happiness and partying from 6/16-7/15. I can't believe such high profile attorneys are willing to put their reputation on the line saying they believe this girl is innocent...also, notice how they keep saying "wait until trial." If they had a solid, provable explination for her innocence they would be screaming it from the hilltops.

He's a cocky one, that's for sure!

 

[MyTinkieGirl]

OK...in one of his statements, he says "the evidence" will be very surprising...don't they need to turn this "evidence" over to the prosecution?

http://www.clickorlando.com/news/18861050/detail.html

Paragraph 12

ETA : AND...therefore, he's basically saying all their "experts" - HL, Koby, et al, are "EXPERTS IN JUNK SCIENCE"????

 

[NJ Lawyer]

How will he explain the duct tape around her mouth? Accidents usually do not require a way to silence the victim.

Sounds like defense may try to go with an "accident" theory. But I don't think it would attempt such a defense without Casey testifying that it was an accident. Jurors aren't going to be sympathetic to some lawyer showing jurors how it "could" have been an accident when Casey has NEVER said it's an accident and is sitting right there in the courtroom watching the "accident reenactment" without saying whether it's accurate. Even though Casey doesn't HAVE to testify at trial, for the "accident" theory to work I think her testimony would be needed.

In that regard, I think it would be easier than one thinks. Casey testifies that an accident happened (drowning, whatever) and that she became distraught and scared, calling her parents at every number for over an hour straight. She throws in a sob story about how she held her dead baby crying for the rest of the afternoon. After that, she's in shock and denial and comes up with the "kidnapping" story b/c she's ashamed of what happened and feels guilty about the accident and doesn't want anyone to know Caylee is dead, for fear of breaking everyone's heart (and for getting in trouble herself). Instead, she goes on acting like she is still alive for the sake of those who love Caylee and also b/c she is in denial herself about it. When she disposed of Caylee's body, her mouth was leaking nasty fluids and there were flies in it and it broke her heart to see it. Or maybe Caylee's lip was torn off at this point - who knows. So she covered her daughter's mouth with duct tape and put a heart on it. She buried her close to home b/c she wanted 2 be able 2 visit her easily. As for the rest - she lied to everyone about everything (Zanny; etc.) simply b/c she didn't want anyone to know Caylee was dead because (1) she didn't want to get in trouble and thought it was "too late" to report it; and (2) she didn't want the Anthonys to know their poor grandbaby was dead. Arguably, none of the "evidence" (decomp in the car, same laundry bag at the burial site) contradicts this story. Casey - "Yes, she was with me when she died (accident) and yes, I buried her and yes I lied to everyone b/c I didn't want anyone to know. And there was nothing I could do to bring her back so I went back to living my life and tried not to think about it. Part of me was in denial."

I'm concerned that a jury could "buy" the above. That's why I'm interested to know when Casey wrote the journal entry saying "I'm happy with the decision I made. I hope the end justifies the means." If she wrote that a few days after Caylee's death, I think it goes against an accident theory. Maybe doesn't disprove it, but really calls it into question. Presumably, she wasn't talking about some innocuous decision, like changing the color of her hair highlights. Also, I hope they are able to tell whether the duct tape was placed on Caylee before or after her death. If prosecutors can show duct tape was placed on Caylee's mouth while she was still alive (Dear Lord Help Us All), then the accident theory goes out the window.

 

[angeleleven]

IIRC there can be NO BOND on those charges under Florida law. Maybe he needs to read up on it a bit before having pressers.

Someone please tell me with certainty that she cannot be bonded out. Please....that's just scary.

 

[NJ Lawyer]

Someone please tell me with certainty that she cannot be bonded out. Please....that's just scary.

http://www.websleuths.com/forums/showpost.php?p=2646278&postcount=48

 

[krimekat]

Someone please tell me with certainty that she cannot be bonded out. Please....that's just scary.

There is no bail offered on capital murder charges in FL.

 

[GatorFL]

Thank you Angel for the link:

http://www.websleuths.com/forums/showthread.php?t=80809

Casey Anthony case: Want a good look at the new attorney?
posted by halboedeker on Mar 4, 2009 6:18:53 PM
<snipped>
WKMG-Channel 6 will offer an exclusive interview with Todd Macaluso, Casey Anthony's new attorney, at 11 tonight.
"From a total investigation of this case, I've concluded she's innocent," Macaluso tells reporter Adam Longo. "I've concluded that she is innocent," Macaluso repeats.

Macaluso describes himself as an expert on technical matters and also tells Longo: "The prosecution has no evidence in this case. The only evidence in this case that is called evidence is information that's been leaked out to the public by sources close to the investigation, by sources involved in the investigation. And there's been a lot of misinformation."
Anchor Jacqueline London called Macaluso "this California power attorney" and hinted that some of the defense team's strategy "between now and the trial just might knock you off your couch."

Pretty strong words. He must be confident.

 

[GatorFL]

Sounds like defense may try to go with an "accident" theory. But I don't think it would attempt such a defense without Casey testifying that it was an accident. Jurors aren't going to be sympathetic to some lawyer showing jurors how it "could" have been an accident when Casey has NEVER said it's an accident and is sitting right there in the courtroom watching the "accident reenactment" without saying whether it's accurate. Even though Casey doesn't HAVE to testify at trial, for the "accident" theory to work I think her testimony would be needed.

In that regard, I think it would be easier than one thinks. Casey testifies that an accident happened (drowning, whatever) and that she became distraught and scared, calling her parents at every number for over an hour straight. She throws in a sob story about how she held her dead baby crying for the rest of the afternoon. After that, she's in shock and denial and comes up with the "kidnapping" story b/c she's ashamed of what happened and feels guilty about the accident and doesn't want anyone to know Caylee is dead, for fear of breaking everyone's heart (and for getting in trouble herself). Instead, she goes on acting like she is still alive for the sake of those who love Caylee and also b/c she is in denial herself about it. When she disposed of Caylee's body, her mouth was leaking nasty fluids and there were flies in it and it broke her heart to see it. Or maybe Caylee's lip was torn off at this point - who knows. So she covered her daughter's mouth with duct tape and put a heart on it. She buried her close to home b/c she wanted 2 be able 2 visit her easily. As for the rest - she lied to everyone about everything (Zanny; etc.) simply b/c she didn't want anyone to know Caylee was dead because (1) she didn't want to get in trouble and thought it was "too late" to report it; and (2) she didn't want the Anthonys to know their poor grandbaby was dead. Arguably, none of the "evidence" (decomp in the car, same laundry bag at the burial site) contradicts this story. Casey - "Yes, she was with me when she died (accident) and yes, I buried her and yes I lied to everyone b/c I didn't want anyone to know. And there was nothing I could do to bring her back so I went back to living my life and tried not to think about it. Part of me was in denial."

I'm concerned that a jury could "buy" the above. That's why I'm interested to know when Casey wrote the journal entry saying "I'm happy with the decision I made. I hope the end justifies the means." If she wrote that a few days after Caylee's death, I think it goes against an accident theory. Maybe doesn't disprove it, but really calls it into question. Presumably, she wasn't talking about some innocuous decision, like changing the color of her hair highlights. Also, I hope they are able to tell whether the duct tape was placed on Caylee before or after her death. If prosecutors can show duct tape was placed on Caylee's mouth while she was still alive (Dear Lord Help Us All), then the accident theory goes out the window.

This is a great post.

 

[magnolia]

The problem is that the jury system is infallible. Yes, the greatest system in the world but still infallible. There will be people itching to get on this jury who have their own agendas. Maybe they want to be the lone hold - out juror so they can write a book, get on Larry King or NG or Greta or Geraldo. Maybe they want to (in their mind) right a perceived wrong that was done to them or a loved one by law enforcement or the justice system. People lie in voir dire all the time. Then there are those jurors who fixate on one lawyer and want to please them and will vote for their way. I could go on and on.

Unfortunately, I have to agree.

I would not underestimate TM's ability in a courtroom. He is a compelling force before a jury. Out of all the attorney's on KC's team he is THE formidable opponent. JMHO.

I agree ~

Lawyers who get $50 million awards don't usually come across as ridiculous.

But, my faith in humanity is sinking. There are so MANY really "in-need" innocent prospective clients.

You're right about that, IMO. This new Attorney makes me very nervous.
I don't think he is in it for the money or the recognition. Does not seem like the type of Attorney that would take a case he has no chance of winning either.

Hate to say it, but, the prosecution has a very rough road ahead of them.
IMO

Is this guy serious? There is absolutely NO explanation for all her happiness and partying from 6/16-7/15. I can't believe such high profile attorneys are willing to put their reputation on the line saying they believe this girl is innocent...also, notice how they keep saying "wait until trial." If they had a solid, provable explination for her innocence they would be screaming it from the hilltops.

Unless they can prove someone else is responsible, it's a little too late in the game for this. This defense team wants their day in Court. I can't see this new Attorney signing on if they don't have a decent defense strategy. My guess is, KC must be feeling pretty confident right now.

 

[magnolia]

Sounds like defense may try to go with an "accident" theory. But I don't think it would attempt such a defense without Casey testifying that it was an accident. Jurors aren't going to be sympathetic to some lawyer showing jurors how it "could" have been an accident when Casey has NEVER said it's an accident and is sitting right there in the courtroom watching the "accident reenactment" without saying whether it's accurate. Even though Casey doesn't HAVE to testify at trial, for the "accident" theory to work I think her testimony would be needed.

In that regard, I think it would be easier than one thinks. Casey testifies that an accident happened (drowning, whatever) and that she became distraught and scared, calling her parents at every number for over an hour straight. She throws in a sob story about how she held her dead baby crying for the rest of the afternoon. After that, she's in shock and denial and comes up with the "kidnapping" story b/c she's ashamed of what happened and feels guilty about the accident and doesn't want anyone to know Caylee is dead, for fear of breaking everyone's heart (and for getting in trouble herself). Instead, she goes on acting like she is still alive for the sake of those who love Caylee and also b/c she is in denial herself about it. When she disposed of Caylee's body, her mouth was leaking nasty fluids and there were flies in it and it broke her heart to see it. Or maybe Caylee's lip was torn off at this point - who knows. So she covered her daughter's mouth with duct tape and put a heart on it. She buried her close to home b/c she wanted 2 be able 2 visit her easily. As for the rest - she lied to everyone about everything (Zanny; etc.) simply b/c she didn't want anyone to know Caylee was dead because (1) she didn't want to get in trouble and thought it was "too late" to report it; and (2) she didn't want the Anthonys to know their poor grandbaby was dead. Arguably, none of the "evidence" (decomp in the car, same laundry bag at the burial site) contradicts this story. Casey - "Yes, she was with me when she died (accident) and yes, I buried her and yes I lied to everyone b/c I didn't want anyone to know. And there was nothing I could do to bring her back so I went back to living my life and tried not to think about it. Part of me was in denial."

I'm concerned that a jury could "buy" the above. That's why I'm interested to know when Casey wrote the journal entry saying "I'm happy with the decision I made. I hope the end justifies the means." If she wrote that a few days after Caylee's death, I think it goes against an accident theory. Maybe doesn't disprove it, but really calls it into question. Presumably, she wasn't talking about some innocuous decision, like changing the color of her hair highlights. Also, I hope they are able to tell whether the duct tape was placed on Caylee before or after her death. If prosecutors can show duct tape was placed on Caylee's mouth while she was still alive (Dear Lord Help Us All), then the accident theory goes out the window.

This is a great post.

Yes, it is a great post and this is exactly how it could play out in Court.
Sadly, one or more Jurors may buy this story.

I'm just wondering how the pros could prove the duct tape was placed on Caylee's mouth while she was still alive???

 

[sarah7855]

Yes, it is a great post and this is exactly how it could play out in Court.
Sadly, one or more Jurors may buy this story.

I'm just wondering how the pros could prove the duct tape was placed on Caylee's mouth while she was still alive???

IIRC, they were able to prove that the tape over JonBenet's mouth had been placed there post-mortem because there was just a perfect set of lip prints on it, and no "movement", if you will. Think of it like this, and I apologize that it's graphic, if you were to put duct tape over the mouth of someone who is still alive, they would try to move their mouth, and it would cause the adhesive to smudge. A still mouth would just show lip prints with no movement.

 

[NJ Lawyer]

IIRC, they were able to prove that the tape over JonBenet's mouth had been placed there post-mortem because there was just a perfect set of lip prints on it, and no "movement", if you will. Think of it like this, and I apologize that it's graphic, if you were to put duct tape over the mouth of someone who is still alive, they would try to move their mouth, and it would cause the adhesive to smudge. A still mouth would just show lip prints with no movement.

I hope and pray evidence will show whether the duct tape was placed there pre or post mortem. And I've many times noted that there could be evidence of tears on the duct tape which would point to the tape being placed there while she was alive (but it breaks my heart to think of this). As if we don't have enough tragedies in this case, it would be terrible if persons who murder could (successfully) wait it out long enough for the body to decay so that cause of death is not determinable and then at the last minute in a murder trial, trot out an "accident" defense. At this point, I'm only interested in reading about evidence that is incompatible with an "accident" theory. Everytime I read about clothing and laundry bags at the burial scene matching those at the Anthony house, I think, "So what? She can still say it was an accident and all those things only show that Casey BURIED Caylee, not murdered her on purpose." Of course, events before and after Caylee's death can be viewed as arguably conflicting with an "accident" theory, so prosecutors have that as well. But I am really keeping my eye out for things such as the duct tape and that diary entry.

 

[trixi491]

If they are able to convince a jury that it was an accident, would KC get off completely free?

 

[sarah7855]

I hope and pray evidence will show whether the duct tape was placed there pre or post mortem. And I've many times noted that there could be evidence of tears on the duct tape which would point to the tape being placed there while she was alive (but it breaks my heart to think of this). As if we don't have enough tragedies in this case, it would be terrible if persons who murder could (successfully) wait it out long enough for the body to decay so that cause of death is not determinable and then at the last minute in a murder trial, trot out an "accident" defense. At this point, I'm only interested in reading about evidence that is incompatible with an "accident" theory. Everytime I read about clothing and laundry bags at the burial scene matching those at the Anthony house, I think, "So what? She can still say it was an accident and all those things only show that Casey BURIED Caylee, not murdered her on purpose." Of course, events before and after Caylee's death can be viewed as arguably conflicting with an "accident" theory, so prosecutors have that as well. But I am really keeping my eye out for things such as the duct tape and that diary entry.

ITA. I have faith that LE has so much more than we know about, but I am very anxious for trial. Getting worse by the day...

 

[trixi491]

I'm just so confused as to why all these brilliant, high-profile attorneys are taking on this case? Do they honestly believe she is innocent? They can't be THAT oblivious. I can get why OJ's defense team joined the case--he was paying them a lot of money and was a celebrity. KC was a nobody with absolutely no money. Just doesn't make sense to me..

 

[NJ Lawyer]

If they are able to convince a jury that it was an accident, would KC get off completely free?

She would only get off on a murder charge. She would presumably be in trouble for violating some other penal code, but I would need to go back and check to see what all the charges are currently.

 

[Gypsy Road]

Sounds like defense may try to go with an "accident" theory. But I don't think it would attempt such a defense without Casey testifying that it was an accident. Jurors aren't going to be sympathetic to some lawyer showing jurors how it "could" have been an accident when Casey has NEVER said it's an accident and is sitting right there in the courtroom watching the "accident reenactment" without saying whether it's accurate. Even though Casey doesn't HAVE to testify at trial, for the "accident" theory to work I think her testimony would be needed.

In that regard, I think it would be easier than one thinks. Casey testifies that an accident happened (drowning, whatever) and that she became distraught and scared, calling her parents at every number for over an hour straight. She throws in a sob story about how she held her dead baby crying for the rest of the afternoon. After that, she's in shock and denial and comes up with the "kidnapping" story b/c she's ashamed of what happened and feels guilty about the accident and doesn't want anyone to know Caylee is dead, for fear of breaking everyone's heart (and for getting in trouble herself). Instead, she goes on acting like she is still alive for the sake of those who love Caylee and also b/c she is in denial herself about it. When she disposed of Caylee's body, her mouth was leaking nasty fluids and there were flies in it and it broke her heart to see it. Or maybe Caylee's lip was torn off at this point - who knows. So she covered her daughter's mouth with duct tape and put a heart on it. She buried her close to home b/c she wanted 2 be able 2 visit her easily. As for the rest - she lied to everyone about everything (Zanny; etc.) simply b/c she didn't want anyone to know Caylee was dead because (1) she didn't want to get in trouble and thought it was "too late" to report it; and (2) she didn't want the Anthonys to know their poor grandbaby was dead. Arguably, none of the "evidence" (decomp in the car, same laundry bag at the burial site) contradicts this story. Casey - "Yes, she was with me when she died (accident) and yes, I buried her and yes I lied to everyone b/c I didn't want anyone to know. And there was nothing I could do to bring her back so I went back to living my life and tried not to think about it. Part of me was in denial."

I'm concerned that a jury could "buy" the above. That's why I'm interested to know when Casey wrote the journal entry saying "I'm happy with the decision I made. I hope the end justifies the means." If she wrote that a few days after Caylee's death, I think it goes against an accident theory. Maybe doesn't disprove it, but really calls it into question. Presumably, she wasn't talking about some innocuous decision, like changing the color of her hair highlights. Also, I hope they are able to tell whether the duct tape was placed on Caylee before or after her death. If prosecutors can show duct tape was placed on Caylee's mouth while she was still alive (Dear Lord Help Us All), then the accident theory goes out the window.

I totally understand what you are saying here could happen. But for me, if I were a juror, I would still have a problem with this story because of all the previous lies she told (and the stealing - the girl is just a bad seed). Plus, all the new images that came out in the doc dump today. Why is she posting skull icons if she's so distraught? Wouldn't this only remind her of Caylee's death? Some people might buy the above scenerio, but I wouldn't be one of them.

 

[Gypsy Road]

If they are able to convince a jury that it was an accident, would KC get off completely free?

or could the pros argue that it was negligent homicide?

 

[Gypsy Road]

She would only get off on a murder charge. She would presumably be in trouble for violating some other penal code, but I would need to go back and check to see what all the charges are currently.

improper disposal of a human corpse?

 

[billysmom]

I could almost buy an accident theory, well sort of....as in....Casey gives her daughter something to sedate her. It worked before. But, this time it killed the baby. KC panicked because she knew darn well she used something, did something to Caylee that is reprehensible. Then, she decided to stage a kidnapping and put duct tape on Caylee and dumped the body.

I said I could ALMOST buy this........BUT........and a big BUT.....

The laughing and partying after the so called accident? No way Jose! (pun intended).