What Is the Defense Strategy?

[Reagan]

Well now, after losing more than 3 hours of my lifes cycle reading the Morgan depositions of CA/GA and getting 4 loads of laundry in while doing it, it was good to review these to see all the lies and discrepancies said by CA and GA. Bonus is they are part of the court records! So CA can't come back and do her "I don't remember" line over and over again.

Next read ....... the SAO depositions of CA and GA .......... after I open a bottle of wine.

Oh thanks a lot countzero. Now I feel the urge to read the depositions again to refresh my mind. Pass the bottle please.

 

[countzero]

Oh thanks a lot countzero. Now I feel the urge to read the depositions again to refresh my mind. Pass the bottle please.

Here you are my friend :40__s:

Wonderful how well Merlot makes the reading easily and removes the voices of CA in my head ......

I am now on part two of LA's Morgan deposition and boy are the lies just pouring out of Lee's mouth .......

The SAO's readings will have to wait until tomorrow.

 

[logicalgirl]

Here you are my friend :40__s:

Wonderful how well Merlot makes the reading easily and removes the voices of CA in my head ......

I am now on part two of LA's Morgan deposition and boy are the lies just pouring out of Lee's mouth .......

The SAO's readings will have to wait until tomorrow.

There ain't enough Merlot on this earth for that! Why oh why are you doing this to yourself??!! :banghead:

 

[cyberborg]

What is the Defense Strategy?

• Step 1 - Attack the Forensics, Eliminate as Much Evidence as Possible or Damage Credibility (Junk Science)
• Step 2 - Attack Methods and Procedures, Eliminate as Much as Possible or Damage Credibility (TES)
• Step 3 - Attack Witness Credibility, Eliminate the Testimony as Much as Possible or Damage Credibility
• Step 4 - Present Multiple Scenarios, Present as Many SODDI and Alternatives as Possible
• Step 5 - Confuse the Jury, Make as Complex and Confusing as Possible, Bury the Jury in Junk
• Step 6 - Defense never Testifies, Keep ICA Quiet and use the Blago Defense, Say Nothing, Let the Dice Roll

 

[countzero]

There ain't enough Merlot on this earth for that! Why oh why are you doing this to yourself??!! :banghead:

Because I am tired of putting my infamous "iirc's" in my posts. That am I am getting older ......:dance:

It's a great exercise to keep the mental cells working? I am a glutton for punishment? Housework is boring so I read depositions instead? No baseball or football games on to watch? It's rerun season? NASCAR isn't on.

Take your pick ...... seriously, it is a good thing to take the time to go over depositions, not the interviews, that will be used in court. I figure it will take me four months to read them again, not counting the days for holidays, ball games and fun before the trial starts.

 

[Dear Prudence]

What is the Defense Strategy?

• Step 1 - Attack the Forensics, Eliminate as Much Evidence as Possible or Damage Credibility (Junk Science)
• Step 2 - Attack Methods and Procedures, Eliminate as Much as Possible or Damage Credibility (TES)
• Step 3 - Attack Witness Credibility, Eliminate the Testimony as Much as Possible or Damage Credibility
• Step 4 - Present Multiple Scenarios, Present as Many SODDI and Alternatives as Possible
• Step 5 - Confuse the Jury, Make as Complex and Confusing as Possible, Bury the Jury in Junk
• Step 6 - Defense never Testifies, Keep ICA Quiet and use the Blago Defense, Say Nothing, Let the Dice Roll

That's an excellent summary of possible defense tactics and I can see Baez utilizing all of them except Step 4. How will the defense be able to present multiple scenarios of SODDI? Will he have witnesses testify to that and who would that be and what will they say?

 

[rhornsby]

What is the Defense Strategy?

• Step 1 - Attack the Forensics, Eliminate as Much Evidence as Possible or Damage Credibility (Junk Science)
• Step 2 - Attack Methods and Procedures, Eliminate as Much as Possible or Damage Credibility (TES)
• Step 3 - Attack Witness Credibility, Eliminate the Testimony as Much as Possible or Damage Credibility
• Step 4 - Present Multiple Scenarios, Present as Many SODDI and Alternatives as Possible
• Step 5 - Confuse the Jury, Make as Complex and Confusing as Possible, Bury the Jury in Junk
• Step 6 - Defense never Testifies, Keep ICA Quiet and use the Blago Defense, Say Nothing, Let the Dice Roll

And if the jury finds merit in these steps, the defense has created reasonable doubt.

If the jury does not find merit in the defense's attempts, the State will be able to prove their case beyond and to the exclusion of every reasonable doubt.

 

[logicalgirl]

And if the jury finds merit in these steps, the defense has created reasonable doubt.

If the jury does not find merit in the defense's attempts, the State will be able to prove their case beyond and to the exclusion of every reasonable doubt.

Baez must have a whole lot of something something up his sleeve because so far we haven't seen anything at all creating reasonable doubt, except perhaps his ability.

 

[logicalgirl]

Because I am tired of putting my infamous "iirc's" in my posts. That am I am getting older ......:dance:

It's a great exercise to keep the mental cells working? I am a glutton for punishment? Housework is boring so I read depositions instead? No baseball or football games on to watch? It's rerun season? NASCAR isn't on.

Take your pick ...... seriously, it is a good thing to take the time to go over depositions, not the interviews, that will be used in court. I figure it will take me four months to read them again, not counting the days for holidays, ball games and fun before the trial starts.

Oh yes, all of the above but I thought you were watching videos of him (them) - a little easier on the brain cells reading transcripts for sure.

 

[cyberborg]

That's an excellent summary of possible defense tactics and I can see Baez utilizing all of them except Step 4. How will the defense be able to present multiple scenarios of SODDI? Will he have witnesses testify to that and who would that be and what will they say?

Weave them in as part of cross-examination, call witnesses such as the Caylee searchers, call their experts in -- to me -- they don't have to show who but cast doubt on it being ICA while suggesting 'others'.

It would not be a presentation of a 'theory' as much as 'dots' to connect on alternatives.

 

[celticthyme]

Excellent list cyberborg! And if/when they put Cindy on the stand, I would include lie to get your theory across. We know from her civil suit depositions that she will do that. Anyone else think it will be risky to call her for the defense? Who else would they get for a character witness? I was fool enough to revisit some of those videos recently. Downright scary how easily she lies.

 

[cyberborg]

Excellent list cyberborg! And if/when they put Cindy on the stand, I would include lie to get your theory across. We know from her civil suit depositions that she will do that. Anyone else think it will be risky to call her for the defense? Who else would they get for a character witness? I was fool enough to revisit some of those videos recently. Downright scary how easily she lies.

Completely agree.

However, the 911 Call Motion was a Dry Run and we saw LDB in action. I have every confidence in the SA and their prosecution if they keep it simple.

CA will be held a hostage to her own words and prior statements that will either provide the desired answer or be used to treat CA as a hostile witness. There is a LOT in the public domain to draw from.

If the 911 Call Motion hearing is a preview then CA will be stage managed and walked methodically and slowly to the inevitable conclusion that even CA reached .... that ICA did it.

 

[logicalgirl]

Completely agree.

However, the 911 Call Motion was a Dry Run and we saw LDB in action. I have every confidence in the SA and their prosecution if they keep it simple.

CA will be held a hostage to her own words and prior statements that will either provide the desired answer or be used to treat CA as a hostile witness. There is a LOT in the public domain to draw from.

If the 911 Call Motion hearing is a preview then CA will be stage managed and walked methodically and slowly to the inevitable conclusion that even CA reached .... that ICA did it.

Speaking of that Cyberborg and I mean this in all seriousness and not one of my usual punk remarks - do you think Baez is going to do most of the witness questioning? Because he does not have a smooth questioning style, and so far I haven't seen that quick mind we see on some lawyers who are well prepared. And we know he has no idea how to be brief!
What do you think we are in for here with LDB and Ashton in the white hats and Baez and Mason wearing the black ones?

 

[cyberborg]

Speaking of that Cyberborg and I mean this in all seriousness and not one of my usual punk remarks - do you think Baez is going to do most of the witness questioning? Because he does not have a smooth questioning style, and so far I haven't seen that quick mind we see on some lawyers who are well prepared. And we know he has no idea how to be brief!
What do you think we are in for here with LDB and Ashton in the white hats and Baez and Mason wearing the black ones?

Excellent point!!

From the 911 Call Motion hearing preview the Defense does not have a strong lead who is quick, hard hitting, snappy and, articulate.

CM quite honestly had me baffled, especially when he interacted with LA. JB is better than CM but JB loses me as well. The point gets lost in the noise.

A critical success factor in my mind is that the Defense need a lead who not only is well spoken and succinct but also can bring the Jury along with them.

You can argue the best defense in the world but if it gets lost in some mumbo jumbo or stumbling you are losing the focus and interest of the Jury. They detach and disconnect, become distracted.

You need to win them over, warm them to you, keep them focused and interested hanging on every word and, listening and taking it in. Just like a sales guy, like Billy Mays. Sell, sell, sell.

The case could be lost simply in the presentation of the Defense, no disrespect to CM and JB but they need someone (and not AL).

 

[Macushla]

Speaking of that Cyberborg and I mean this in all seriousness and not one of my usual punk remarks - do you think Baez is going to do most of the witness questioning? Because he does not have a smooth questioning style, and so far I haven't seen that quick mind we see on some lawyers who are well prepared. And we know he has no idea how to be brief!
What do you think we are in for here with LDB and Ashton in the white hats and Baez and Mason wearing the black ones?

If you watch the 911 hearing again, you will notice something interesting. JB does not use notes when he questions CA. I can't remember if he used them when he questioned Lee or CA's co worker, but he did not have notes for his questioning of Cindy. LDB had a couple of pages of notes, iirc, and I thought it was interesting that JB worked 'from memory'. He did not do a bad job of questioning CA that day, at least in my opinion. Have to admit that going through that whole day/evening with CA on the stand and doing it without notes or even prompts in front of him was pretty impressive for JB!

 

[logicalgirl]

Excellent point!!

From the 911 Call Motion hearing preview the Defense does not have a strong lead who is quick, hard hitting, snappy and, articulate.

CM quite honestly had me baffled, especially when he interacted with LA. JB is better than CM but JB loses me as well. The point gets lost in the noise.

A critical success factor in my mind is that the Defense need a lead who not only is well spoken and succinct but also can bring the Jury along with them.

You can argue the best defense in the world but if it gets lost in some mumbo jumbo or stumbling you are losing the focus and interest of the Jury. They detach and disconnect, become distracted.

You need to win them over, warm them to you, keep them focused and interested hanging on every word and, listening and taking it in. Just like a sales guy, like Billy Mays. Sell, sell, sell.

The case could be lost simply in the presentation of the Defense, no disrespect to CM and JB but they need someone (and not AL).

That is it exactly - "Well said!" she replied, over the roar of applause!

 

[pip]

If you watch the 911 hearing again, you will notice something interesting. JB does not use notes when he questions CA. I can't remember if he used them when he questioned Lee or CA's co worker, but he did not have notes for his questioning of Cindy. LDB had a couple of pages of notes, iirc, and I thought it was interesting that JB worked 'from memory'. He did not do a bad job of questioning CA that day, at least in my opinion. Have to admit that going through that whole day/evening with CA on the stand and doing it without notes or even prompts in front of him was pretty impressive for JB!

Baez is a novice. He tries to make up for it in bravado and an adopted Rico Suave personna. Fail. Miserably fail. He is a chubby cheeked freshman.

 

[logicalgirl]

If you watch the 911 hearing again, you will notice something interesting. JB does not use notes when he questions CA. I can't remember if he used them when he questioned Lee or CA's co worker, but he did not have notes for his questioning of Cindy. LDB had a couple of pages of notes, iirc, and I thought it was interesting that JB worked 'from memory'. He did not do a bad job of questioning CA that day, at least in my opinion. Have to admit that going through that whole day/evening with CA on the stand and doing it without notes or even prompts in front of him was pretty impressive for JB!

But wasn't he just asking CA questions in response to her testimony to LDB? What I remember is he had an obvious agenda he had practiced with CA, and under questioning from LDK, CA went off the tracks from her mantra. I thought his line of questioning was an attempt to get her back on to that mantra, and it didn't succeed, so then went to his fall back line, which was the Caylee is still alive routine.

Maybe if you were impressed I should watch it again.

 

[cyberborg]

If you watch the 911 hearing again, you will notice something interesting. JB does not use notes when he questions CA. I can't remember if he used them when he questioned Lee or CA's co worker, but he did not have notes for his questioning of Cindy. LDB had a couple of pages of notes, iirc, and I thought it was interesting that JB worked 'from memory'. He did not do a bad job of questioning CA that day, at least in my opinion. Have to admit that going through that whole day/evening with CA on the stand and doing it without notes or even prompts in front of him was pretty impressive for JB!

I agree that JB (and CA) were very well prepared and rehearsed (scripted). Was ICA following along with the script?

However, you cannot do that for the whole trial, from memory so JB needs to start as he means to go on and prepare notes to follow.

He also needs to try to envision the prosecution side, he'd do well to role play and run through scenarios with his team to be ready. I am not so sure how JB will do on cross and when he has to react on his feet to something un-expected or contentious.

Both CM and JB did not seem to do so well once they did their initial forays, in response and reaction to the SA. Maybe CM did better on that but his accent and style is challenging.

Like my projects, it is all in the planning and preparation ... done well the execution will be flawless and ready for all sorts of developments and surprises. You cannot fly by the seat of your pants .... that will only get you so far.

 

[mitzi]

Baez must have a whole lot of something something up his sleeve because so far we haven't seen anything at all creating reasonable doubt, except perhaps his ability.

Bold mine.

Good one!

For me, it's where the heck is the defense discovery? Do they have any?