Miss Casey is not presenting an "accidental death" defense.
How is the defense going to proffer a theory of accidental death, when the client continues to claim to be utterly uninvolved?
She's not?????????????
LET'S NOT FORGET
UNIDENTIFIED FEMALE: On a separate note, Caylee`s grandfather, George Anthony, was reportedly spotted last week in an area where searches are expected to resume for the little girl.
UNIDENTIFIED FEMALE: This is another wooded area that`s easily accessible by car yet easy to disappear into. And it`s less than four miles from where Casey Anthony and Caylee lived with Casey`s parents. The Channel 9 viewer told us she saw Caylee`s grandfather, George`s, car parked in this area about 6:15 PM on October 30 and that he was staring into the woods. Then she saw him get into his car and drive away.
(END VIDEO CLIP)
GRACE: Straight out to Kathi Belich with WFTV. To say it is bad enough. To put it in writing, unheard of. I`m reading what reports say was in this defense memo. They actually state if death did occur, it was almost certainly due to an unwitting overdose of sedative, and they allude to chloroform?
KATHI BELICH, WFTV: That`s right. They say it was almost certainly a tragic accident, that she might have been poisoned by chloroform, also might have been under the effects of a sedative, maybe an unwitting overdose of a sedative, and again, as you said, using baby pictures of Casey to gain some sympathy from prosecutors in deciding whether to go after the death penalty in this case.
GRACE: Out to Drew Petrimoulx with WDBO. What happened to, Caylee`s alive, she`s been kidnapped by Zenaida Gonzalez and she`s living in Mexico? What happened to that? Why are we suddenly finding out about a memo -- that is not for the public, I might add, we`re not supposed to find out about this -- the defense writes a memo that says the child may have died by an unwitting overdose? Like Caylee climbed into the medicine cabinet and accidentally got some Robitussin?
DREW PETRIMOULX, WDBO: Right. There was no mention of Zenaida Gonzalez today. But even today, Jose Baez did say that they still are, you know, under the belief that Caylee Anthony is alive, even as they`re laying out, basically, their defense of why she shouldn`t get the death penalty, among other reasons that she was young, that she may have been mentally ill. One of her attorneys even said, you know, that she is mentally ill, that he wanted her to get a psychiatric evaluation, but Jose Baez wouldn`t let that happen.
GRACE: OK. This is so wrong. We are taking your calls live. The defense actually putting it in writing -- and of course, it got leaked -- that little Caylee may have died from an accidental overdose, alluding to the chloroform found in the tot mom`s car trunk.
Let`s unleash the lawyers. I can`t wait to hear this. Everybody, child advocate out of LA, you know her well, Gloria Allred, joining us tonight, veteran defense attorney Raymond Giudice out of Atlanta, defense attorney Renee Rockwell also joining us out of Atlanta.
Ray, what were they thinking? What were they thinking to, number one, even say this, and number two, put it in writing?
RAY GIUDICE, DEFENSE ATTORNEY: Nancy, let me take a contrarian approach to this. I think they knew it was going to get leaked. I think a very -- much more savvy defense counsel is trying to steer this to a guilty plea to count three of that indictment, the aggravated manslaughter count, the language of which permits a plea if there was an accidental death. And I think that`s where they`re going.
GRACE: OK. Let me see -- there he is. So Raymond Giudice, what would be accidental about putting a rag soaked in chloroform over a child`s mouth and leaving her in the car trunk?
GIUDICE: If what she was trying to accomplish was to sedate the child or calm the child down or medicate the child...
GRACE: Medicate the child...
GIUDICE: ... and the child died accidentally.
GRACE: You know what, Ray? You know, I know you haven`t given birth, but typically, when a mother wants to calm a child, you sing it a lullaby. Maybe you take it to the window. Maybe you get up and walk around with it. You don`t give it chloroform.
GIUDICE: And that`s the difference why it would be a felony, Nancy. I agree with you, it`s a crime. But the difference is, it`s not a capital death penalty homicide, and that`s where the defense is going.
GRACE: You know what? You are making me break my vow to give up cursing, Ray Giudice. Gloria Allred, please explain the theory of felony murder and why this would be a murder one, if this scenario is correct.
GLORIA ALLRED, VICTIMS` RIGHTS ATTORNEY: Well, it could possibly be murder one. And you know, here`s the question that I have, too, Nancy, which is, why, if they want to claim insanity, would they not permit a mental exam of their client?
GRACE: Well, I can tell you that, Gloria.
ALLRED: Why?
GRACE: Because they`re still saying the child is -- publicly, anyway, Jose Baez, the defense, is saying the child is alive, she was kidnapped by a nanny, and she`s well and thriving in Puerto Rico or Mexico or Texas. This was not to be leaked. This is completely contrary to their public position.
ALLRED: They`re trying to have the best of all worlds, and they can`t. They`re going to have to choose a theory. They`re going to have to have facts that support their theory, and they`re going to have to stick to it. They`re not going to be able to have it all.
