Mitigation: Ineffective Assistance of Counsel

[Sabrina2011]

Coming from a family with Attorney's, JB does baffle me. The appearance of lack of trial experience is there, but I am still trying to figure out if he was dealt a client that is just beyond difficult.

I would love to be a fly on the wall too see how aggressive he was in getting her to just give a full blown confession about what happened why how and lets plead this thing out and save your life.

There is so much I am curious about. I will say I shut down with that opening statement, it was 110% dramatic when I realized after all this time thinking she was kidnapped and murdered (or accidently killed) the moment he said she died on June 16 I feel he has the chance to possibly save her by just saying what happened, we can deal with the truth.

But to veer off with rape starting at age 8, dad and brother and this girl still looks in total control of this family, she runs that house even from prison.. And more than that we have gotten to know the family via tv. We "have" to believe he is capable of that to continue any farther.

I do not believe that happened, so I cannot believe the rest, from where I sit I firmly believe it was not an accident. The text messages, IM's are all chilling.

Little girl in the way. Now she is not. JB said it was simple and that part he got right. No more complicated than that.

Very sad story about to come to an end.

 

[1tasha]

How embarrassing to the defense is it that this is even up for debate? All I know is that where I work if I forgot important files for meetings, missed deadline after deadline, was uncivil to 3rd parties, inaccurately cited industry protocol, etc. I would be fired. And nobody’s life is on the line based on my actions.

 

[anada75]

Good catch, and the really sad thing is that will go right over a juror's head. I said in another thread his defense is strange because it is like he is already in the penalty phase.

BBM

I voted no, because I think that it is possible that the entire DT strategy is to keep ICA off death row. I have heard that in some cases, the lawyers see a Not Guilty as so unlikely, that they just focus on mitigation, even during the guilt phase. IMO, it seemed like a majority of the questions during jury selection focused on the penalty phase and what factors would influence the jury to spare her life.

I wouldn't say they are doing a good job, even if that is their goal, but it would make a little bit more sense, I think. :waitasec:

 

[jane the dood]

Re: "Is the defense hoping for an ineffective counsel defense": I can't see attorneys like Mason and Baez, with their outsized egos, taking a voluntary dive under the Casey Anthony Express Train in order to save her skin ... I mean, seriously...would YOU? To be fair, they have the world's worst client and an impossible case to prove. The best they can hope for is getting her off on a technicality, or having one bleeding heart juror who feels sorry for her, thereby gumming up the works. Which seems to me a real stretch at this point!
:behindbar

 

[cecybeans]

BBM

I voted no, because I think that it is possible that the entire DT strategy is to keep ICA off death row. I have heard that in some cases, the lawyers see a Not Guilty as so unlikely, that they just focus on mitigation, even during the guilt phase. IMO, it seemed like a majority of the questions during jury selection focused on the penalty phase and what factors would influence the jury to spare her life.

I wouldn't say they are doing a good job, even if that is their goal, but it would make a little bit more sense, I think. :waitasec:

Well I think a jury would save her life anyway now just by hearing the pain in CA and GA's testimony. JB didn't have to stand up and give the mother of all throw-the-defendant's-poor-family-under-the-bus-even-though-it-was-an-accident story that sounded like another version of a spiteful little client's lies - unless he just doesn't mind making her sound so unsympathetic at this point. Nobody has to tell ICA to be a CEO - she is running the show at all times.

Nothing he says or does will save her (and he is sure making it look like he doesn't even want to try). I think the DP will be off the table only because the jury feels sorry for her parents. Maybe this is more of a From The Hip kind of plot than we thought. But, imo, JB exploited his client for fun and profit so he deserves whatever he gets next. A jury will give LWOP I think to save CA and GA more grief and to make sure she is somewhere safe and can't go back to Hopespring any time soon to get rid of her parents with household weapons and neck-breaking devices.

 

[sua_sponte]

I wouldn't go so far as to say they are purposely trying for IAC, but I just can't see how any competent criminal attorney would think this "theory" of the case would be a winning one.

When they opened up saying that Casey knew all along that the baby was dead, knowing that the tapes and videos would be coming in, they committed malpractice in my opinion.

The jurors got to see these vidoes with hindsight, meaning they KNOW that everything she was saying was a calculated lie because she herself has now admitted it. There were many mentions of drowning, swimming, George being a good father and grandfather, Casey wanting to come back home to them, etc. In addition, the way she strings along her parents and the community by telling them Caylee will be coming home seems like she enjoys the attention, and the loves the torture she is inflicting on her parents.

The defense could have left well enough alone, and made the state prove the case, and prove the lies. I think there would be more reasonable doubt with the jurors simply because it is so incomprehensable that someone could come up with such an elaborate fake life and stick to it for so long if it wasn't true at all. The jurors may have had some residual doubt that maybe her lies were just twists of real facts instead of complete fabrications. Instead, they get to see all the evidence with new eyes, knowing she was lying all along, therefore removing any of that potential doubt.

What was the defense thinking??? This strategy is insane. I had more doubt about her guilt before the defense opening statement (and I had reviewed ALL the evidence). Now, I am sure of it. They don't have to prove anything. The defense job is to hold the prosecution to the fire and make sure THE PROSECUTION proves the case. The defense owes no explanation for anything. There were so many crazy facts in this case that the defense might of had a chance of some jury doubt if they had simply stayed silent, and made every effort to impeach state witnesses and evidence.

Instead, they put themselves in the position of having to prove some outlandish story that has never been mentioned before. They effectively moved the burden to themselves to prove her innocence because they admitted that everything the state was trying to prove was true!

Fortunately, bad "theories" are not grounds for a reversal on IAC. However... if Casey later says the defense came up with this story and convinced her that she should go with it, there may be some grounds. I don't know, I've never seen anything like this before.

 

[heartfortruth]

I couldn't vote and I couldn't say what I think.......
will leave it at that........I've been behaving as well as possible since I came on here around day 31:innocent:

 

[BrittMontero]

I wouldn't go so far as to say they are purposely trying for IAC, but I just can't see how any competent criminal attorney would think this "theory" of the case would be a winning one.

When they opened up saying that Casey knew all along that the baby was dead, knowing that the tapes and videos would be coming in, they committed malpractice in my opinion.

The jurors got to see these vidoes with hindsight, meaning they KNOW that everything she was saying was a calculated lie because she herself has now admitted it. There were many mentions of drowning, swimming, George being a good father and grandfather, Casey wanting to come back home to them, etc. In addition, the way she strings along her parents and the community by telling them Caylee will be coming home seems like she enjoys the attention, and the loves the torture she is inflicting on her parents.

The defense could have left well enough alone, and made the state prove the case, and prove the lies. I think there would be more reasonable doubt with the jurors simply because it is so incomprehensable that someone could come up with such an elaborate fake life and stick to it for so long if it wasn't true at all. The jurors may have had some residual doubt that maybe her lies were just twists of real facts instead of complete fabrications. Instead, they get to see all the evidence with new eyes, knowing she was lying all along, therefore removing any of that potential doubt.

What was the defense thinking??? This strategy is insane. I had more doubt about her guilt before the defense opening statement (and I had reviewed ALL the evidence). Now, I am sure of it. They don't have to prove anything. The defense job is to hold the prosecution to the fire and make sure THE PROSECUTION proves the case. The defense owes no explanation for anything. There were so many crazy facts in this case that the defense might of had a chance of some jury doubt if they had simply stayed silent, and made every effort to impeach state witnesses and evidence.

Instead, they put themselves in the position of having to prove some outlandish story that has never been mentioned before. They effectively moved the burden to themselves to prove her innocence because they admitted that everything the state was trying to prove was true!

Fortunately, bad "theories" are not grounds for a reversal on IAC. However... if Casey later says the defense came up with this story and convinced her that she should go with it, there may be some grounds. I don't know, I've never seen anything like this before.

You said all I wanted to say, only more eloquently. Honestly, their failure to assess the effect of the jailhouse tapes alone is epic, and that cockamamie opening statement -- meter reader running off with the body? I've Nancy Drews with more plausible, sophisticated plot lines.

 

[Panda's eye]

Mr. Baez texting " People Magazine Reporter " while Videos of his Clients Lies are being played to the Jury is par for the course.......What could be soooo important other then focusing on how to save the inmate? ? Perhaps Baez is going to use the " Media " he hates so much ( unless they are making him Juan Cochren ) to garner sympathy for he and his inmate. Maybe a future front page on People Magazine sporting Baez and Casey at a childrens petting zoo and Baez patting Casey's back while Casey is petting " a baby Lamb ".......maybe ....JMO

 

[Beyond Belief]

I absolutely believe Jose believes that Casey is mentally ill. I would truly like to know if he ever shared that belief with anyone.

 

[1tasha]

Mr. Baez texting " People Magazine Reporter " while Videos of his Clients Lies are being played to the Jury is par for the course.......What could be soooo important other then focusing on how to save the inmate? ? Perhaps Baez is going to use the " Media " he hates so much ( unless they are making him Juan Cochren ) to garner sympathy for he and his inmate. Maybe a future front page on People Magazine sporting Baez and Casey at a childrens petting zoo and Baez patting Casey's back while Casey is petting " a baby Lamb ".......maybe ....JMO

I can't agree more. He has no ability to pick his battles at all. He has demonstrated no ability to prioritize the events of this circus. I hope he never fumbles his way into a responsible position again.

 

[gibby207]

She said it herself that she was going to prison for life. So. They are just helping her do that instead of death, IMO. I'm not so sure they are doing that so well either. lol

 

[gibby207]

He certainly is Broderick. I don't think he is planning on being a lawyer when this is over. His sights are set much higher. I predict it won't happen. And I also predict that if he did remain a lawyer, his door mat would grown mold from no action other than him tripping on it.

I agree. I think he's envisioning a talking head on the Nancy Grace Entertainment Show or the like. LOL He doesn't care about his client, he doesn't care if he wins the case. He wants the post-circus fame.

 

[Nali87]

I have no idea but the DT annoys me to no end. How hard is it to anticapate what a witness is going to say (based on previous testimonies and reports) and formulate some questions you'd like to ask? JB stands there, stutters and makes it seem like there's no connection betweem his brain and his mouth. How hard is it to pause, think and then put your thoughts into questions that don't come out sounding idiotic? You'd think this was his first time in a courtroom.

 

[tlcya]

If they are they must have gone to the Charlie Sheen School of Winning.

 

[Sabrina2011]

The strategy is insane. An accidental drowning is NOT a crime. No matter how much she claims to be abused, there is no crosswalk from abuse to involving multiple people in a non crime...an accident?

And her dad an officer, he knows its not a crime, there was nothing to hide (your mom will be mad is not enough to hide an accident)

She killed her, she suffocated her, taped her all up and put her in a bag and disposed of the body. And she still doesn't look upset about losing a child.

 

[cecybeans]

Throwing her parents under the bus for an accidental death has ICA written all over it. Maybe JB warned her against it but she insisted. I don't see any problem with her acting like a CEO. She made him read that ridiculous statement after they found Caylee where she officially registered her displeasure that her parents were not following her wishes regarding a grave, even though she had released the body to them (which someone astutely pointed out she had to because she allegedly couldn't afford to bury her). JB actually looked embarrassed and appalled for once.

Perhaps this defense strategy will become known as "JB's Revenge". I keep thinking of that movie From The Hip (maybe ICA should see that since she loves to fashion her life from movie plots) about a defense attorney who gets even with his lying client by tricking him into going ballistic on the stand in a such a way that he basically admits to murder).

JB's whole relationship with her has been opportunistic; I think they totally deserve each other. Perhaps he will save himself by making sure he has documented the fact that his opening statement was based solely on his revengeful little client's wishes and she insisted he carry through with it despite advice to the contrary. I think he was done with her when her money ran out and he had to actually document work product and beg for money from the state. Maybe she finally met a grifter better than herself.

 

[rbrnmw2]

I have searched my mind trying to find someway to understand Mason being OK with this defense strategy and really don't understand HIM at all. A reputable attorney who just severely tarnished his legacy with this case Can anyone explain what is the reason why he did not stop JB from going this route?

 

[cluciano63]

I have searched my mind trying to find someway to understand Mason being OK with this defense strategy and really don't understand HIM at all. A reputable attorney who just severely tarnished his legacy with this case Can anyone explain what is the reason why he did not stop JB from going this route?

I am honestly getting the impression that CM has symptoms of early dementia...that burst of anger toward the witness today who he demanded look at him kind of added to my suspicions. But it's just a guess.

 

[milliac]

I wouldn't go so far as to say they are purposely trying for IAC, but I just can't see how any competent criminal attorney would think this "theory" of the case would be a winning one.

When they opened up saying that Casey knew all along that the baby was dead, knowing that the tapes and videos would be coming in, they committed malpractice in my opinion.

The jurors got to see these vidoes with hindsight, meaning they KNOW that everything she was saying was a calculated lie because she herself has now admitted it. There were many mentions of drowning, swimming, George being a good father and grandfather, Casey wanting to come back home to them, etc. In addition, the way she strings along her parents and the community by telling them Caylee will be coming home seems like she enjoys the attention, and the loves the torture she is inflicting on her parents.

The defense could have left well enough alone, and made the state prove the case, and prove the lies. I think there would be more reasonable doubt with the jurors simply because it is so incomprehensable that someone could come up with such an elaborate fake life and stick to it for so long if it wasn't true at all. The jurors may have had some residual doubt that maybe her lies were just twists of real facts instead of complete fabrications. Instead, they get to see all the evidence with new eyes, knowing she was lying all along, therefore removing any of that potential doubt.

What was the defense thinking??? This strategy is insane. I had more doubt about her guilt before the defense opening statement (and I had reviewed ALL the evidence). Now, I am sure of it. They don't have to prove anything. The defense job is to hold the prosecution to the fire and make sure THE PROSECUTION proves the case. The defense owes no explanation for anything. There were so many crazy facts in this case that the defense might of had a chance of some jury doubt if they had simply stayed silent, and made every effort to impeach state witnesses and evidence.

Instead, they put themselves in the position of having to prove some outlandish story that has never been mentioned before. They effectively moved the burden to themselves to prove her innocence because they admitted that everything the state was trying to prove was true!

Fortunately, bad "theories" are not grounds for a reversal on IAC. However... if Casey later says the defense came up with this story and convinced her that she should go with it, there may be some grounds. I don't know, I've never seen anything like this before.

Fabulous post.

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