What Is the Defense Strategy?

[logicalgirl]

I'm with you on that one! But what shocks me is just when I think I have a good grasp on what the defense will be, we have another hearing and I am left with .......:waitasec:.....HUH? I have no idea again!

 

[Numbers]

Rest assured that Baez has no idea, either. It's so Top Secret he hasn't even told himself.

 

[kathyn2]

Wow May 2011. What the heck are they waiting for? Every aspect of this case has been discussed for years now. What new thing do they expect to come up with to defend her by May??? The whole thing is ridiculous. Put her away for good!

 

[AZlawyer]

The title of this thread cracks me up every time I see it.

Yes, perhaps it should be changed to "What is the defense strategy, if any?"

 

[Leila]

In the wee hours of this morning I was thinking about this case. It became apparent with yesterday's hearing that the defense really has no other strategy than to try to insert "reasonable doubt" wherever they can.

The defense will not have an expert witness on the hair found in Casey's car trunk, a hair that DNA has confirmed was from a deceased Caylee. Therefore the defense will not try to refute that a deceased Caylee was in the trunk of Casey's car, a car that was in Casey's possession and control.

It will be an uphill battle for the defense to suggest that anyone other than Casey Anthony murdered Caylee. I think the touch DNA testing is a long shot the defense decided to take as a last ditch effort to pin suspicion on someone else as the perpetrator. I doubt there will be any conclusive results from the touch DNA testing.

At this point I think the defense strategy is concentrated on the penalty phase of the trial. The defense knows this case will result in a guilty verdict. They're putting all their strategy into mitigating the penalty. In thinking about this, I see what the defense strategy will be, and the more I think about it, the clearer it becomes.

On October 14, 2008 Casey was indicted for first degree murder and arrested. From that point onward there has not been any jailhouse visitation between Casey and her family. A few weeks later Cindy gave a weak explanation to reporters saying that Casey wants the focus on finding Caylee and the media concentrates on the family visiting Casey and their visit gets video taped and released to the public, which causes another media stir. That was the reason given for no more jailhouse visits.

After Caylee's remains were found on December 11, 2008, I would assume that visits between Casey and her family would resume now that finding Caylee would not be the focus. There has been no visits between Casey and her family for more than two years!

Until recently, both George and Cindy attended every court hearing. When it was learned that Casey had written another inmate and told the inmate that her father and Lee molested her, George stopped attending the hearings except for the hearing in which Cindy testified about the 911 call and one other recent hearing. Casey only rarely acknowledges her parents presence at the hearings.

From the document dumps we've learned that George and Cindy write to Casey but there's never been a response from Casey to their letters, no matter how much pleading they do for a response from her. We all know it wouldn't hurt the case for Casey to write a brief note saying something like, "I'm fine and want to thank-you for your letters and for the deposits into my commissary account. How's grandma and grandpa, Lee and Mallory?"

I've come to the conclusion that both George and Cindy will be thrown under the bus when it comes to the penalty phase of the trial.

I think initially, when Casey was arrested on October 14, 2008 she just didn't want to see her parents anymore. I think there were some stressful times in the household when she was out on bond, and she was just plain angry. Angry with her dad for testifying before the grand jury and angry with her mother for harassing her. After Caylee's remains were found, I think it became a matter of not wanting to face her parents. Sometime after that, it became a defense strategy.

As far as Jose is concerned, I think he initially didn't want the family interfering and encouraging Casey to tell them what happened to Caylee. He didn't want the family interfering with his plans to take this case to trial. As the case progressed and he witnessed the bizarre behavior of both George and Cindy, it became part of his strategy to incorporate their behavior into his overall strategy.

I fully expect that when we get to the penalty phase, both George and Cindy, but with the primary focus on Cindy, will be portrayed as terrible parents who made Casey's life so miserable that she didn't have a chance at any sort of normalcy in that household.

I note that the list of witnesses for the penalty phase is to be sealed from public until after the guilt phase of the trial. I'm sure the defense wants the identities of some individuals kept confidential until the penalty phase.

 

[Just Jayla]

As far as Jose is concerned, I think he initially didn't want the family interfering and encouraging Casey to tell them what happened to Caylee. He didn't want the family interfering with his plans to take this case to trial. As the case progressed and he witnessed the bizarre behavior of both George and Cindy, it became part of his strategy to incorporate their behavior into his overall strategy.

I fully expect that when we get to the penalty phase, both George and Cindy, but with the primary focus on Cindy, will be portrayed as terrible parents who made Casey's life so miserable that she didn't have a chance at any sort of normalcy in that household.

I note that the list of witnesses for the penalty phase is to be sealed from public until after the guilt phase of the trial. I'm sure the defense wants the identities of some individuals kept confidential until the penalty phase.

Respectfully snipped for space...and BBM-EXACTLY!

And who could fault JB? GA and LA knew and said too much and they were suspicious of JB, the Anthony men knew JB's job was not to look out for Caylee's interests.

CA told the FBI that she would use the jail visits to pressure KC, she acknowledged KC was the only one that could give anyone any further info...she pressed KC for more and more info (even if CA and the FBI had different ideas of what info KC had).

Remember what RGrund said about the dinner table chats with KC-that she despised CA, always spoke about her negatively. Why should we think that the visiting room table is any different when KC speaks with JB?

And CA has done nothing publicly to dissuade us from kinda seeing KC's point.

 

[zippitydoda]

From Oct 2008 - http://www.clickorlando.com/news/17728486/detail.html

Earlier this week, Baez, said "I sincerely believe that when we have finally spoken, everyone, and I mean everyone, will sit back and say, 'Now, I understand. That explains it.'"

Does WS have a backing the bus up emoticon?

 

[Leila]

Respectfully snipped for space...and BBM-EXACTLY!

And who could fault JB? GA and LA knew and said too much and they were suspicious of JB, the Anthony men knew JB's job was not to look out for Caylee's interests.

CA told the FBI that she would use the jail visits to pressure KC, she acknowledged KC was the only one that could give anyone any further info...she pressed KC for more and more info (even if CA and the FBI had different ideas of what info KC had).

Remember what RGrund said about the dinner table chats with KC-that she despised CA, always spoke about her negatively. Why should we think that the visiting room table is any different when KC speaks with JB?

And CA has done nothing publicly to dissuade us from kinda seeing KC's point.

Yes, I remember what RG said regarding Casey and how desperate she was to get away from her mother.

And in the 2+ years since this case began unfolding, we've all witnessed the bizarre behavior of both George and Cindy.

We've seen Cindy shouting to reporters that the odor in the car was rotten pizza (not a dead body).

We've seen Cindy confront reporters and tell them to get off their butts and go find Caylee.

We've seen both Cindy and George confront protesters in front of their house with a baseball bat and hammer.

We've seen their tempers - George threatening to assault a photographer on the curb, being restrained, and shouting, "the body in the trunk of my daughter's car wasn't my granddaughter!"

We know through the documents released under the Sunshine Law that both George and Cindy have attempted to cover for Casey by tampering with evidence - cleaning the car before the police arrived. They've obstructed justice by withholding information.

Cindy was rude and insulting towards Tim Miller, who came to Florida at her request to search for Caylee. Cindy refused to give Tim an article of Caylee's clothing for search dogs to get her scent. Later she threatened Tim in a phone call.

Above is just a sample of the bizarre behavior of George and Cindy. The public has a negative view of the Anthonys. Jose knows this and will capitalize on the public's negative viewpoint by using George and Cindy's behavior to illustrate that Casey is a product of parenting at it's worst during the penalty phase of the trial. He will try to show Casey as an abused child with a controlling, manipulative, mother and a father who abused her. He's hoping to garner enough sympathy from the jurors that they will go for a sentence of LWOP instead of the death penalty. This would be a win for Jose.

 

[sleutherontheside]

From Oct 2008 - http://www.clickorlando.com/news/17728486/detail.html

Earlier this week, Baez, said "I sincerely believe that when we have finally spoken, everyone, and I mean everyone, will sit back and say, 'Now, I understand. That explains it.'"

Does WS have a backing the bus up emoticon?

Perhaps what we will finally understand..... is that KC had to do and say whatever it took......to save her life. And that will explain why she said and did what she did.

 

[Numbers]

From Oct 2008 - http://www.clickorlando.com/news/17728486/detail.html

Earlier this week, Baez, said "I sincerely believe that when we have finally spoken, everyone, and I mean everyone, will sit back and say, 'Now, I understand. That explains it.'"

Does WS have a backing the bus up emoticon?

I don't think so. Will this do for you?

http://www.lovingdubai.com/Resources/repositories/images/gettingaround/bigbus.jpg

 

[Horace Finklestein]

From Oct 2008 - http://www.clickorlando.com/news/17728486/detail.html

Earlier this week, Baez, said "I sincerely believe that when we have finally spoken, everyone, and I mean everyone, will sit back and say, 'Now, I understand. That explains it.'"

Does WS have a backing the bus up emoticon?

Aww he'll just act as if whatever convoluted lame defense they come up with was supposed to make us all sigh in pity for Casey lol

 

[Gma Kat]

From Oct 2008 - http://www.clickorlando.com/news/17728486/detail.html

Earlier this week, Baez, said "I sincerely believe that when we have finally spoken, everyone, and I mean everyone, will sit back and say, 'Now, I understand. That explains it.'"

Does WS have a backing the bus up emoticon?

This is close! :back: but it will have to go forward and back several times to do the job of a bus!

BTW - Leila, awesome post!!!!! Awesome!

 

[Solace]

In the wee hours of this morning I was thinking about this case. It became apparent with yesterday's hearing that the defense really has no other strategy than to try to insert "reasonable doubt" wherever they can.

The defense will not have an expert witness on the hair found in Casey's car trunk, a hair that DNA has confirmed was from a deceased Caylee. Therefore the defense will not try to refute that a deceased Caylee was in the trunk of Casey's car, a car that was in Casey's possession and control.

Actually, I just read over the FBI reports on the hair and the e-mails say they cannot for a fact say that this is a hair from a decomposed body and if they had more than one hair, it would bulster their opinion.

Having said that, the fact that she waited 31 days to report this and was pictured out and about and lied about virtually everything, imo, cinches the case for the prosecution. I realize that they need to have all their eggs lined up and thus the reason for the "mitigation" attorney, but just seeing her there and listening to her tell Perry that she needs to speak with certain family members who are out of town, etc. and needs and expert, tells me the outlook is bleak - even though someone might say, this is standard procedure.

Also read George's last letter to KC re "abuse" which left him "num" at the end of the letter he does say "how could you destroy Caylee".

KC does not seem to acknowledge anyone from her family anymore except when she cried when her brother told her he loved her. I think she expects to be found guilty.

 

[DaughterAlice]

I have a question that is only loosely based on this thread, but probably doesn't have enough merit to stand on it's own. I was reading Amil's post after the hearing this week (THANK YOU AMIL!!!) stating that KC didn't seem to be talking to JB, at all. She exchanged (in writing I believe) a conversation with CM, but NOT JB.

Could KC be loosing faith in JB, or perhaps JB loosing faith in HER? As the defense "seems" to be grasping at straws, and running out of alternate stories for how precious Caylee could have died at the hands of anyone but KC herself, could the personal relationship be breaking down too?

Or perhaps I'm reading this wrong? Maybe the two of them exchanged warm and fond smiles before they were viewable to our Amil. Notice that JB is MUCH less publically vocal about his client than he used to be. He might be emotionally distancing himself. No more talk about how she is innocent and everyone will "understand" once this goes to trail.

I didn't watch the whole hearing, only bits & pieces of it, but it certainly seemed like KC was HAPPY once JB was out of the room. Too happy. (May I take this opportunity to mention how much she grates my nerves?)

 

[Solace]

I have a question that is only loosely based on this thread, but probably doesn't have enough merit to stand on it's own. I was reading Amil's post after the hearing this week (THANK YOU AMIL!!!) stating that KC didn't seem to be talking to JB, at all. She exchanged (in writing I believe) a conversation with CM, but NOT JB.

Could KC be loosing faith in JB, or perhaps JB loosing faith in HER? As the defense "seems" to be grasping at straws, and running out of alternate stories for how precious Caylee could have died at the hands of anyone but KC herself, could the personal relationship be breaking down too?

Or perhaps I'm reading this wrong? Maybe the two of them exchanged warm and fond smiles before they were viewable to our Amil. Notice that JB is MUCH less publically vocal about his client than he used to be. He might be emotionally distancing himself. No more talk about how she is innocent and everyone will "understand" once this goes to trail.

I didn't watch the whole hearing, only bits & pieces of it, but it certainly seemed like KC was HAPPY once JB was out of the room. Too happy. (May I take this opportunity to mention how much she grates my nerves?)

She gave him a big smile when she entered the courtroom.

 

[LambChop]

I have a question that is only loosely based on this thread, but probably doesn't have enough merit to stand on it's own. I was reading Amil's post after the hearing this week (THANK YOU AMIL!!!) stating that KC didn't seem to be talking to JB, at all. She exchanged (in writing I believe) a conversation with CM, but NOT JB.

Could KC be loosing faith in JB, or perhaps JB loosing faith in HER? As the defense "seems" to be grasping at straws, and running out of alternate stories for how precious Caylee could have died at the hands of anyone but KC herself, could the personal relationship be breaking down too?

Or perhaps I'm reading this wrong? Maybe the two of them exchanged warm and fond smiles before they were viewable to our Amil. Notice that JB is MUCH less publically vocal about his client than he used to be. He might be emotionally distancing himself. No more talk about how she is innocent and everyone will "understand" once this goes to trail.

I didn't watch the whole hearing, only bits & pieces of it, but it certainly seemed like KC was HAPPY once JB was out of the room. Too happy. (May I take this opportunity to mention how much she grates my nerves?)

I would think CM would tell her if she has any comments to write them down for him to see and not bother JB while the judge is talking to him. I would think the judge is irritated by the fact that sometimes JB seems to be in "Fairyland" while he is talking to him. lol KC grates on all our nerves, like chalk on a board. jmo

 

[kaRN]

The title of this thread cracks me up every time I see it.

Me too LOL! I also have a different theory everytime I read the title. It's like the wind this defense IMO.
My latest theory is they're just littering the landscape with carp the State has to manoeuver around to kill time before trial. I honestly believe almost none of the Expert Witnesses listed will be called to testify, but it sure makes for an extensive group for the SAO to depose only to learn the experts on both sides are in agreement.
I do believe AF is working passionately and ethically to ensure ICA's rights the others not so much. I bet they can't wait until this is over personally. Turns out karma is ensuring they aren't having fun.
I hope the SAO has a strategy to keep jurors awake if they're subjected to MC taking a lengthy testimony of Dr Lee. How mindnumbingly painful will that be????
MO

 

[mitzi]

Me too LOL! I also have a different theory everytime I read the title. It's like the wind this defense IMO.
My latest theory is they're just littering the landscape with carp the State has to manoeuver around to kill time before trial. I honestly believe almost none of the Expert Witnesses listed will be called to testify, but it sure makes for an extensive group for the SAO to depose only to learn the experts on both sides are in agreement.
I do believe AF is working passionately and ethically to ensure ICA's rights the others not so much. I bet they can't wait until this is over personally. Turns out karma is ensuring they aren't having fun.
I hope the SAO has a strategy to keep jurors awake if they're subjected to MC taking a lengthy testimony of Dr Lee. How mindnumbingly painful will that be???? MO

Oh, I can't imagine! That's a testimony none of us will understand! :banghead:

 

[Jomo]

JB is just holding out for a deal. If I recall in the early days, KC said that JA was just mad at her for not accepting a deal. That is why the death penalty was back on the table. JA came back on her claim of refusing a deal and said that KC had never been offered a deal.

Had she been, I think she would have accepted it. And so now she plays the game until one is offered.

Maybe at mid trial, just when KC sees that there really is now way to win, she is going to offer to tell the truth if she gets a deal, the death penalty off the table.

And then she still won't tell the truth anyways. She will spin another story just to get out of the death penalty. "It was an accident...I was so scared...that is why I lied... blah blah blah."

Then she will go on a little media blitz with tons of jailhouse interviews and be a star!

 

[LancelotLink]

JB is just holding out for a deal. If I recall in the early days, KC said that JA was just mad at her for not accepting a deal. That is why the death penalty was back on the table. JA came back on her claim of refusing a deal and said that KC had never been offered a deal.

Had she been, I think she would have accepted it. And so now she plays the game until one is offered.

Maybe at mid trial, just when KC sees that there really is now way to win, she is going to offer to tell the truth if she gets a deal, the death penalty off the table.

And then she still won't tell the truth anyways. She will spin another story just to get out of the death penalty. "It was an accident...I was so scared...that is why I lied... blah blah blah."

Then she will go on a little media blitz with tons of jailhouse interviews and be a star!

Forgive me is this has been discussed, but your post led me to ask if it is possible that ICA was told by JB that a deal had been offered, when in actuality, none had been proffered?