I think a plea is her only hope at this point. But would the SA agree to a plea?
I think the Defense Strategy has been plea all along. Thinking back to the beginning, even when Terry Lenamon was involved, this "accident theory" was being pitched by the defense in media appearances, court documents, etc. (but not being directed to public, but to prosecution as explained below)
I believe there has been continuous discussion between defense and prosecution (initiated by defense on ALL occasions) for quite a while.....but while prosecution may have been willing to discuss a lesser with LWOP, the defense has been pushing for involuntary manslaughter (or similar) with the "defense" being an accident and subsequent cover-up due to various versions of abuse by Anthony's, as alleged by ICA.
I imagine a conversation similar to the this...
BAEZ: We are willing to discuss a plea based on an unfortunate accident.
PROS: No way. We have duct tape.
BAEZ: Not if HHJP grants our motion and it is excluded....
PROS: We have 31 days....
BAEZ: Not if HHJP grants our motion and it is excluded....
PROS: No way. We have.....(continue above scenario for remainder of evidence)....
BAEZ: We have mental health experts who will testify to ICA's emotional abuse allegations...
PROS: No way, no how. We have premeditation...
I think plea negotiations have never progressed due to Baez' inexperience. They are too far apart to even negotiate due to the evidence the SA has.
While many have speculated that the defense "pitching" the accident theory in the media recently (think 48 Hours show) is being directed to the public and potential jury members, I think it is being directed at the PROSECUTION TEAM by the defense, as a last ditch effort before HHJP rules on these last motions to exclude.
BAEZ: Look, Jeff, our pro bono jury consultant had no problem pulling together a mock jury that agreed with the accident theory. Did you happen to catch 48 Hours recently? If WE could so easily get a "jury" to agree, we can do it again in the courtroom.
PROS: No comment by JA as he picks himself up off the floor after collapsing in a fit of laughter.
We are just days from jury selection, weeks from Trial Day One. I think all efforts by Team Baez have been directed to try to badger SA into a plea of THEIR choosing, but they have also been aware that they were gambling, and if this didn't work, they would have to negotiate a change of plea that will involve a long incarceration.
I think they will try for a charge with sentence of several years (20 - 40), but will eventually to concede to LWOP when they :truce:.
Yesterday was the final straw for the defense....their last ditch hopes and dreams.
ICA begrudgingly accepted that the evidence was too damning in the fraud case (and took a plea) and I think it will happen here too, especially if CA has any influence with her in protecting family secrets.
HHJP denying these last motions also gives Mason, Finnell and Baez some "ammunition" in dialogue with ICA that the gig is up...she can no longer say, "...but when HHJP grants our motion, THEY can't use that evidence against me!" I just cannot imagine that any of these attorneys have ANY desire to be made fools of during a trial, and walk away with any previous reputations tarnished. I think they are willing to do ANYTHING at this point to avoid a very public trial that will be played out nightly across the country in national media updates.
And I still say the Anthony recent motion is an attempt by CA to make sure she is in the courtroom to "support ICA" when Baez states...
"Judge, may we approach? My client would like to change her plea....."