What Is the Defense Strategy #2

[lauriej]

..i wasn't sure where to put this---but saw a couple of posts on DP qualified lawyers on "AZ's thread.."

..it may not go to 'defense strategy'---but it could apply to 'baez personal strategy".

..this would be a reason why he wants this case "tried to completion", so he can get a couple of things checklisted off on his way to becoming a DP qualified attorney.

http://www.deathpenaltyblog.com/tags/qualifications-of-death-penalty-attorney/

---article by former kc defense attorney terry lenamon---


Florida Rule of Criminal Procedure 3.112 - the Florida Checklist for Death-Qualified Attorneys

According to Florida Rule of Criminal Procedure 3.112, the minimum standards for a death penalty defense attorney are:
---snipped---

f) Lead Counsel. Lead trial counsel assignments should be given to attorneys who:

(1) are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; and

(2) are experienced and active trial practitioners with at least five years of litigation experience in the field of criminal law; and

(3) have prior experience as lead counsel in no fewer than nine state or federal jury trials of serious and complex cases which were tried to completion, as well as prior experience as lead defense counsel or co-counsel in at least two state or federal cases tried to completion in which the death penalty was sought. In addition, of the nine jury trials which were tried to completion, the attorney should have been lead counsel in at least three cases in which the charge was murder; or alternatively, of the nine jury trials, at least one was a murder trial and an additional five were felony jury trials; and

(4) are familiar with the practice and procedure of the criminal courts of the jurisdiction; and

(5) are familiar with and experienced in the utilization of expert witnesses and evidence, including but not limited to psychiatric and forensic evidence; and

(6) have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases, including but not limited to the investigation and presentation of evidence in mitigation of the death penalty; and

(7) have attended within the last two years a continuing legal education program of at least twelve hours' duration devoted specifically to the defense of capital cases.

 

[shotgun09]

After spinning the "Wheel of Excuses", and trying each stop..the defense has nothing. The Junk Science, pizza, RK, JG, TES, all fell flat. Now, it appears they will run fast and hard with the poor ICA, she lived with ineffective and mentally unstable parents, and was "too afraid" to tell the truth about { insert any accident theory here }. It is all they have left. The 3 years it took to "tell" her side of this far fetched and unreasonable story, while wasting all the LE and searchers time, as well as the State of Florida's $, makes it look all the worse. She's toast. And, she's going down.

 

[sleutherontheside]

So what is the strategy of having Laura Buchanan's lawyer on the defense's witness list? And someone from Quantico too? Things that make you go hmmm...

The only thing I can think of is to introduce testimony that people interfered with things on their own...AKA LB.

 

[nums24]

It takes NG almost a week to catch up with the news. Plus we long ago realized that they seem to film Friday's show earlier in the week and never cover breaking news as a result. The news of the psychiatrists dropped on Monday or Tuesday. Which means that yeah NG is probably only just getting around to this "Bombshell" tonight.

IN NG's defense, today she knew about the State adding the former defense psychologists to the witness list. Now that it's known what is allowed in, she has been on a roll.

 

[LiveLaughLuv]

Since the beginning of the investigation, Anthony's defense team has maintained their client is innocent, but given the amount of admissible evidence, Eaton said that's not a viable defense going forward. He believes Anthony should no longer claim she has no idea how her daughter died.

"The scientific evidence is pointing toward the fact that Casey Anthony knows or had knowledge of the events that took place with this child," Eaton said.

That could affect the number of defenses her legal team can pursue. Eaton said they're now down to three options:


1.Claim Caylee's death was not the result of a crime but rather some sort of accident.
2.Suggest it was a crime that someone else committed.
3.Argue the state failed to prove beyond a reasonable doubt that Caylee was murdered.

While the scientific rulings give the state a significant amount of ammunition as trial nears, Eaton said the science is still circumstantial.

http://www.msnbc.msn.com/id/42827403

Nice of CM's buddy to weigh in...giving some hints on how the DT should handle this huge blow....I too feel ICA should drop the I am innocent act..it will only anger the jurors...how about she tries for the truth for once in her life..too much to ask, isn't it??? :banghead:JMHO

Justice for Caylee

 

[LancelotLink]

After months of witnessing the DT in action, their incredible spin on facts, their revisionist history, assertions that what we have seen or read in documents are not what we think we read, etc. I have decided to term their approach as The Old Shuck and Jive Defense.

 

[animallover]

I think the Defense is constantly glued to this site to see if anyone here comes up with a viable defense! People, you don't really expect JB to come up with anything on his own.

 

[LawRig]

everytime I see this thread title my brain says:

the Defense team is going to take a turnip and try to convince the jury its really an apple pie , and there is nothing about it at all that tastes funny.

I just can't help it... the IS no defense , they HAVE no defense...

ergo, the only option is to hypnotize 12 people into thinking they are tasting apple pie... and not a stinky turnip

 

[LiveLaughLuv]

The only thing they have is to knock the scientific evidence, knock LE for not looking further (actually they did) and deny, deny, deny....

They will have to come out with ZFG was a lie, that ICA lies due to fear of her parents. That she was/is in an alternate reality since she found a lifeless Caylee in her parents pool...(Ladder was over by the pool when the night before it was taken away from the pool)...knowing her mother would never forgive her for being neglectful in not keeping her eyes on Caylee, she had to come up with a scenario...naa, even me typing this sounds so ridiculous...THEY HAVE NOTHING...since truth is not on their side...the evidence would have to match their representation of the why's of ICA's behaviors...evidence doesn't lie, people do...If ICA is as intelligent as Baez claims she is, then she should plead guilty, and take her medicine...If she can't do the time, she shouldn't have done the crime..simple as that..Be a woman for once in your sorry life, ICA....if you ever loved Caylee, now is the time to show it...JMHO

Justice for Caylee

 

[LambChop]

Wouldn't it be far worse to sit in jail awaiting trial where you might get DP than to just tell your parents the truth, at it was an accident? Wouldn't it be better to say it was an accident than to try and blame innocent friends and people for Caylee's death? And wouldn't, by far, be better to say it was an accident than to think going all the way to trial for murder makes a much better storyline for a featured film? Or maybe she just plain did it for selfish purposes which are much more obvious to everyone around her than she, herself would ever admit. jmo

 

[LiveLaughLuv]

Wouldn't it be far worse to sit in jail awaiting trial where you might get DP than to just tell your parents the truth, at it was an accident? Wouldn't it be better to say it was an accident than to try and blame innocent friends and people for Caylee's death? And wouldn't, by far, be better to say it was an accident than to think going all the way to trial for murder makes a much better storyline for a featured film? Or maybe she just plain did it for selfish purposes which are much more obvious to everyone around her than she, herself would ever admit. jmo

I agree but the duct tape removes the 'accident' theory, doesn't it? Unless she says she did that to throw the investigation away from her...what else can she say??? In her mind, they don't have her hand in the cookie jar as they did with the forges checks...she is one sick young woman who really needed help a long time ago...I want so much to hear what she is diagnosed with...that would explain a lot about her behaviors, not excuse them...JMHO

Justice for Caylee

 

[lauriej]

So what is the strategy of having Laura Buchanan's lawyer on the defense's witness list? And someone from Quantico too? Things that make you go hmmm...

..according to their filing, they have added bernard cassidy for:

"witness will testify to the ----recently obtained information---regarding laura buchanan and her investigation."

..is this what the P.I. has been busy spending the additional investigative hours/$$$'s doing, digging further on laura buchanan? and if so,why?

https://docs.google.com/viewer?a=v&...TUtZjkzOC00MjI2LWIxYTktOWYzNTkwNzE0YmZi&hl=en

 

[LiveLaughLuv]

Straight out to Dr. Janis Amatuzio, former chief medical examiner, author of "Forever Ours" joining us from Red Wing. Doctor, thank you for being with us. Doctor, the medical examiner in this case says official say that the manner of death is homicide but never pinpointed the cause of death. She says homicide by undetermined means. What does that mean and how can the prosecutors take that to trial and prove a homicide without a cause of death?

DR. JANIS AMATUZIO, FORMER CHIEF MEDICAL EXAMINER: Well, whenever a body is badly decomposed or skeletonized, the things we rely on, the soft tissues, the pattern of injuries just can`t be determined. We are left with having to look at the circumstances.

Now, manner of death is a classification. It`s something that could be changed. To understand the circumstances in this case are so compelling.

And I would like to say one more thing about this. The fact that the chloroform evidence is coming into the case I think is really important for the prosecution and damaging to the defense for these reasons. Chloroform, the chemical is chloroform, it`s an anesthetic agent. It is more effective that nitrous oxide or laughing gas which is often used in dentists offices.

And secondly, chloroform may give us the mechanism of death. Now, they can`t be proven, but we do know duct tape was found over the mouth area and the nasal area. Realizing all the soft tissues were gone. This duct tape was actually stuck to the hairs on the side of her skull.

So if a person cannot breathe, that is usually a death due to asphyxia. But anybody is going to struggle when they cannot breathe. We know chloroform -- it was chloroform, anesthetic agent, depresses the central nervous system and could make this child sleepy, even unconscious so that somebody could then more easily subdue her by placing duct tape over her mouth and nose, placing her body in a bag and then in two other plastic bags.

I think this evidence is very compelling. And this is not circumstantial evidence. This is pretty important stuff. So manner of death is a classification. Sometimes, and this even happened in my practice, there are times where the length, the interval of time, the condition of the body, does not allow us, it precludes us from seeing the precise cause of death and we may be left with the term homicidal violence. That is commonly accepted in the medical community.

GRACE: With us Dr. Janis Amatuzio joining us out of Red Wing. Strictly speaking from just a common sense perspective, doctor, I mean, you were the chief medical examiner. Does wrapping a body in bags and putting duct tape over the mouth suggest an accident to you?

AMATUZIO: It absolutely does not. This is something that was done to disguise this body, to hide it, to hide the evidence of what one has done, and then leaving it out in a remote or more wooded area exposed to the elements and the animals, et cetera, it just tells me, number one, disrespect for the body, and number two, an intent to cover up one`s deed.
GRACE: To Detective Lieutenant Steven Rogers from the Nutley, New Jersey, police department, former member of the FBI. Detective, how often have you seen a mother not call police when a child goes missing?

DET. LT. STEVEN ROGERS, NEW JERSEY: I`ve never seen that. In fact, I`m sure from the beginning, Nancy, police have examined her body language, her patterns, her behavior patterns, all consistent with what all the experts are saying. As the doctor just said, this looks like a premeditated murder. Mothers will lay in front of police headquarters, Nancy, begging for any bit of information that the police could give them to find their daughter. This mother didn`t do that.

http://transcripts.cnn.com/TRANSCRIPTS/1104/29/ng.01.html


There is no way of explaining that 'demonic duct tape', unless they say, it was done to throw off the investigation, to make it look like a stranger abduction...But, I believe Caylee was never a missing child, she was always a deceased child during those 31 days...I also believe the state has compelling evidence and she will be found guilty of the premediated murder of Caylee Marie...only her sentence will hang in the balance...This is where her family comes in...begs for mercy....and off she goes to Lowell....she might meet up with Maya...JMHO

Justice for Caylee

 

[LiveLaughLuv]

..according to their filing, they have added bernard cassidy for:

"witness will testify to the ----recently obtained information---regarding laura buchanan and her investigation."

..is this what the P.I. has been busy spending the additional investigative hours/$$$'s doing, digging further on laura buchanan? and if so,why?

https://docs.google.com/viewer?a=v&...TUtZjkzOC00MjI2LWIxYTktOWYzNTkwNzE0YmZi&hl=en

Beats the heck out of me....it's already been found to be fraudulent...a doctored document...witness tampering...what's their plan??? JMHO

Justice for Caylee


ETA...
Isn't it well past the deadline to add any additional witnessess....

 

[logicalgirl]

Plus, I think she honestly believes she is going to walk free. This whole courtroom thing is just a social event for her until she can walk out and get on with her life.

I have a suspicion that on Monday morning, bright and early, we may see a bit of a change of expression on the face of one Missie ICA - because by then she will be sure to have heard our "good news".

I also wonder if CA will be on her very best behavior knowing no decision has yet been given in the request for an exception to excluded from the courtroom until both she and George have testified fully. CA will also know by then that the SA has requested transcripts of their depositions.

Wonder if the penny has dropped for either of them yet....:waitasec: - It's gonna be an interesting day!

 

[animallover]

It appears that HHJP is in the process of convincing ALL the Anthonys that the rules DO apply to them. Must be quite a novel concept for them!

 

[strach304]

I have a suspicion that on Monday morning, bright and early, we may see a bit of a change of expression on the face of one Missie ICA - because by then she will be sure to have heard our "good news".

I also wonder if CA will be on her very best behavior knowing no decision has yet been given in the request for an exception to excluded from the courtroom until both she and George have testified fully. CA will also know by then that the SA has requested transcripts of their depositions.

Wonder if the penny has dropped for either of them yet....:waitasec: - It's gonna be an interesting day!

I don't know what the penny dropped term means but I do wonder if CA and GA are thinking "oh $hit!" Most people would but I doubt they do. I'm convinced they think they can avoid prosecution by claiming trauma, drugs, no sleep, etc. as a defense even if they ever are charged. For most people inconsistencies would be understandable. The problem here is that they are obviously deliberately generated between ICA's parents and defense to protect ICA from prosecution. I believe GA knows the risks, CA however, thinks she is entitled and/or doesn't care. Either way the prosecutors will have them to show the jurors, judge and witnesses in a professional manner. The next time CA tells Linda "I told you I was on drugs", she can say, "really? when? where?"

Message to CA and GA: Sometimes jurors will spare the life of a convicted defendant charged with the DP if they are sympathetic for the family. It's bad enough ICA has no redeeming qualities that I have seen. Considering what the makeup of what we expect these jurors to be imo they will consider this a very heinous crime and DP agreeable. Regardless of what GR and other commentators say imo this is the worst of the worst. A mother does not kill her child. It's just as much against nature and our societal makeup as a sadistic serial killer who was born that screwed up in the head with multiple victims they don't even know. CA and GA you better give them a reason before and after that guilty verdict, one thing for them to consider for why she should live.

 

[LambChop]

LDB did ask CA about the drugs. CA never mentioned it was new medication, only that it would not impair her testimony. CA, as a nurse, should know whether or not she is impaired. Big problem for CA's credibility is the fact that she testified, under oath, that she believes Caylee may still be alive. So CA's statements "then" might be more believable than what she would testify to now. jmo

 

[logicalgirl]

I don't know what the penny dropped term means but I do wonder if CA and GA are thinking "oh $hit!" Most people would but I doubt they do. I'm convinced they think they can avoid prosecution by claiming trauma, drugs, no sleep, etc. as a defense even if they ever are charged. For most people inconsistencies would be understandable. The problem here is that they are obviously deliberately generated between ICA's parents and defense to protect ICA from prosecution. I believe GA knows the risks, CA however, thinks she is entitled and/or doesn't care. Either way the prosecutors will have them to show the jurors, judge and witnesses in a professional manner. The next time CA tells Linda "I told you I was on drugs", she can say, "really? when? where?"

Message to CA and GA: Sometimes jurors will spare the life of a convicted defendant charged with the DP if they are sympathetic for the family. It's bad enough ICA has no redeeming qualities that I have seen. Considering what the makeup of what we expect these jurors to be imo they will consider this a very heinous crime and DP agreeable. Regardless of what GR and other commentators say imo this is the worst of the worst. A mother does not kill her child. It's just as much against nature and our societal makeup as a sadistic serial killer who was born that screwed up in the head with multiple victims they don't even know. CA and GA you better give them a reason before and after that guilty verdict, one thing for them to consider for why she should live.

Sorry to be using slang expressions - :doh: - and yes, it means when the light comes on - or when they finally "get it" and come to the realization of the "whole picture". Sometimes we only see our side of an issue - and then - bing! - we see the whole thing and as you say - we say "oh ****!" because we've been caught in the act or the part we played exposed when we didn't anyone to know. That exposed "oh no!" moment!

A kid with his hand in the cookie jar as a parent walks in and turns the light on and ...

 

[hornswoggled]

Sorry to be using slang expressions - :doh: - and yes, it means when the light comes on - or when they finally "get it" and come to the realization of the "whole picture". Sometimes we only see our side of an issue - and then - bing! - we see the whole thing and as you say - we say "oh ****!" because we've been caught in the act or the part we played exposed when we didn't anyone to know. That exposed "oh no!" moment!
A kid with his hand in the cookie jar as a parent walks in and turns the light on and ...

LOL - Or as we say in the south - "When the buzzards come home to roost" :gasp: