2010.09.10 Issues with Jane Velez Mitchell:
http://transcripts.cnn.com/TRANSCRIPTS/1009/10/ijvm.01.html
VELEZ-MITCHELL: So Mark Eiglarsh, they also found dirt in the trunk of Casey`s car. If the dirt matches the dirt in the woods where little Caylee`s body was discovered, is that game, set match for the prosecution?
MARK EIGLARSH, CRIMINAL DEFENSE ATTORNEY: Nothing is game, set, match at all with any team, but certainly with this defense team. But it`s yet another compelling piece of evidence in what is nothing more than a puzzle. Each little piece of evidence serves as a piece of the puzzle.
Going back to what Vinnie say, he`s absolutely right that this witness is key, the lead detective. They`re going to explore a number of things like how many hours did you devote to finding the true killer, this Zenaida Gonzalez? Why didn`t you continue to look for the true culprit? Why did you focus only on innocent, sweet Casey Anthony?
VELEZ-MITCHELL: But former prosecutor, Robin Sax, isn`t one of the tricks to get him to deviate from earlier statements? He testified in a pre-trial hearing a long time ago and now he`s doing this deposition. And then he`s going to take the stand and testify again, I mean, everybody who`s a human being eventually is going to have some discrepancy in what they say given that it`s been so long since the crime occurred.
ROBIN SAX, FORMER PROSECUTOR: Well, I`m sure Mark and Vinnie would both agree that, yes, defense strategy 101 is to create inconsistencies and what would appear to be lies even though they will be inconsistencies between one story, one report, one testimony from another.
The defense strategy here is going to be throw anything up. And all they need is one juror to hang the thing up and that`s what they`re going to hope for. And if they can come in and -- and try to make it look like a pre-prejudiced plan on behalf of the detective, that`s the first place where they can attack the case.
But it`s problematic when you have Casey`s own father talking about that smell and the detective confirming it. What do you do with that?
VELEZ-MITCHELL: Yes, well let me --
EIGLARSH: Jane -- to further -- to further that point. The law here in Florida that jurors are going to be informed too, is that reasonable doubt can come from a number of different places. And one of them is from the conflicts in the testimony.
So if this detective does conflict with prior testimony including but not limited to this deposition, no question the defense is going to exploit that.
VELEZ-MITCHELL: Well, this brings me to my big issue. Conspiracy theory, all right? I think they`re going to go big time for a conspiracy theory.
Cindy Anthony, the defendant`s mom, made it clear she believes all of the evidence we`ve just discussed was planted by cops. She even went so far as to tell Casey she doesn`t even believe the body found in the woods was that of little Caylee. Cindy says she believes Caylee could still be alive.
(BEGIN VIDEO CLIP)
CINDY ANTHONY, MOTHER OF CASEY ANTHONY: Correct.
UNIDENTIFIED MALE: And you`re clear about that?
CINDY ANTHONY: Oh, absolutely. I -- I still think Caylee`s alive.
(END VIDEO CLIP)
VELEZ-MITCHELL: All right. I`ve got to say, I think that this is going to be a fascinating trial. And on the other side of the break, we`re going to talk to Beth Karas about this conspiracy theory because it does bear a resemblance to the O.J. Simpson case.
The garbage in, the garbage out, where a dream team -- and there`s a dream team here -- managed to convince the jurors that there was evidence planted which would have involved a vast conspiracy. Are they going to do the same thing here?
I want to get everybody`s analysis on the other side of the break, next.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
GEORGE ANTHONY, CASEY ANTHONY`S FATHER: Hey, gorgeous, how you doing?
CASEY ANTHONY, ACCUSED OF KILLING DAUGHTER: I look like hell.
G. ANTHONY: Well, you know something? You really need to keep your spirit high through all this.
CASEY ANTHONY: I have. I haven`t been crying while I`ve been in here.
CINDY ANTHONY, CASEY ANTHONY`S MOTHER: What message do you want me to give to Zanny and to Caylee? What do you want me to tell Zanny?
CASEY ANTHONY: That she needs to return Caylee.
CINDY ANTHONY: What do you think her reasons are?
CASEY ANTHONY: Mom, I don`t know.
(END VIDEO CLIP)
VELEZ-MITCHELL: Tonight Casey Anthony`s defense dream team grills the cop who led the frantic search for two-year-old Caylee Anthony. Detective Yuri Melich uncovered a slew of incriminating evidence against Casey Anthony.
And the phone lines are lighting up. Nick, New York, your question or thought.
NICK, NEW YORK (via telephone): Hello, Jane. Thank you for taking my call.
VELEZ-MITCHELL: Sure.
NICK: Ok, Jane, I have a problem with this Casey Anthony case. Why should the taxpayers have to foot the bill for this young woman who has lied and totally misled her parents, and her parents are devastated? They didn`t even know for 30 days that their precious granddaughter was missing.
And then all of a sudden now then she`s throwing her father and brother under the bus and, you know, telling them --
VELEZ-MITCHELL: Well, I think you raise a good point. Beth Karas, the taxpayers are paying for the defense. And now there is a new lawyer, a new defense lawyer. Tell us about that.
BETH KARAS, INVESTIGATIVE REPORTER: That`s right. There is a new defense lawyer who has expertise in cross-examining medical experts. There will be a number of doctors of various disciplines in this case, a lot of different areas of forensic science.
(CROSSTALK)
KARAS: So this witness will bring that to the table. But taxpayers do pay for the defense. That`s the law when a defendant is indigent. The state is looking to execute her, or at least put her in prison for the rest of her life. And she is entitled to a full defense. So the taxpayers have to pay for it.
VELEZ-MITCHELL: I want to get back to this conspiracy theory, ok? Mark Eiglarsh, don`t you see it coming together? It has to involve Roy Cronk, the meter reader and the cops. I mean the way you could see it, the defense possibly crafting this conspiracy theory, and we`ve gotten hints of it from Cindy, well, the body was put there afterwards, and all along they knew where the body was. And they finally let this Roy Cronk discover the body even though he and everybody else denies it.
EIGLARSH: All right, first, Cindy. I wouldn`t put much into what she has to say. She`s not necessarily part of the defense team. And they know better what`s going to resonate with jurors.
Second of all, I don`t know necessarily they`ve locked themselves into a defense. What we do when we take deposition is we decide where the defense is going to go. Which witness says certain things during deposition that we can use at trial?
So there`s certain things you have to say. Number one, she didn`t do it. The body must have been there when she was in jail, placed there while she was in jail, and also somehow Cronk must have been involved. There`s certain things you must say but I don`t think they`ve locked in anything.
VELEZ-MITCHELL: Beth Karas, do you think they`re going to do the conspiracy theory?
KARAS: Well, I do think they`re going to try to point the finger elsewhere. I don`t know that it`s any broad conspiracy involving the police. The police go where the evidence leads them. And Detective Melich got involved from day one when the body was discovered missing and Casey was telling all kinds of lies.
SAX: But the police officer from the beginning -- the police officer that Casey Anthony had the relationship with.
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