What Kind Of Defense for Casey in a trial?

[frenchvixen]

Since the body wasn't found in the multiple searches these past days, I imagine that JB has a dilemma. Should he proceed swiftly with trial or use delay tactics? The problem with the latter would be that the body would be found. I think he knows that Casey will be convicted either way. However, they are holding onto the hope that the body will never be found.

I'm also curious as to how much time she would be facing if she were only convicted on the four lying to investigators charges and aggravated child abuse. I cannot have any peace unless Casey is punished for what she did.

 

[Clock's Tickin]

It doesn't matter what they read here. They still have to present their case to a JURY. I don't know about you guys, but everytime I see JB and hear him speak, he simply isn't genuine and a jury will know that. He simply doesn't have the trial experience to successfully argue this case. A jury likes confidence without arrogance. They like facts they can see and touch. They like pictures and audio. In a jury trial-the people judge-and imo the people will just love everything the prosecution has to offer. JB has a mess on his hands. If he really intends to go to trial, his homework better be done with some extra credit thrown in, because he does not have what it takes to pull off a winning performance.

 

[manatee]

So what do you think JB's defense theory will be? How will he explain away all the lies and inconsistencies? How will he explain the ZG story?
What do you think his opening statement will be?

 

[Pollywog]

My client is/was scared and that is why she lied, she told the truth about ZG, the LE got the wrong one. She did nothing wrong, she is protecting her child.

Oh but wait, we are all supposed to "understand" it at the trial.

 

[DotsEyes]

Ladies and Gentlemen, my client, CMA, is charged with murder - the murder of her own child, 3 year old Caylee. Please listen carefully to the evidence which you will hear from the sworn witnesses; it will be confusing and contradictory but not one scintilla of evidence will show that CMA committed any murder or anyone. The State has the burden of proof in this matter and must prove to you beyond a reasonable doubt that CMA intentionally murdered her own daughter. CMA does not have to prove her innocence, she does not have to prove that her daughter is alive, she has to prove nothing and in fact is not required to defend herself against these false charges.

The court will instruct you on the legal definition of murder and the necessary elements that the State must prove to you, the judges of this matter. What you will learn is that the State can not prove one single element of the case for murder. Not one.

As we sit here today, the State cannot sustain its burden of proof that a murder was committed. I promise that by the end of the trial this fact will not have changed and at that time I will ask you to render a verdict of not guilty.

 

[TxLady2]

He doesn't have to explain anything... all he has to do is create reasonable doubt... and that is exactly what he and his defense team have been trying to do since he was hired.
First they will try to get the jury to believe that there was no dead body in the trunk, or if the prosecution proves there was, then they will try to say it was not Caylee. Failing that, he will say that someone else put a dead body in the trunk. OR he will say that Caylee died of an accident and Casey panicked, lost her mind, and now doesn't remember anything else past that point.
I don't think the insanity defense is going to work... but who knows? There are all kinds of little tricks defense lawyers use. But my guess is, they will try to refute every piece of evidence that the prosecution brings up.

 

[panthera]

I believe he will go with the story Casey originally told LE ~ that ZFG, the nanny, took Caylee. I believe he will say the DA has the burden of proof to prove beyond a reasonable doubt that Caylee is dead. I believe he will attack the forensic evidence ~ the one strand of hair with black banding, the stain, the cadaver dogs, the air test, etc. ~ through cross examination and/or his own expert witnesses. I do not think he is going to offer any kind of admission that Caylee is indeed dead or Casey had anything to do with Casey's death, unless of course her body is found in the meantime and positively identified. MOO

 

[yolorado]

1. No defense- plea bargin just prior to trial based on accidental death of Caylee and 'desperate' coverup engineered by less that mentally stable mother.
2. Go for reversal after conviction by trotting out impropper relationship between JB and KC and it's negative influence on the presentation of a defense.

 

[ks1]

Ladies and Gentleman of the jury, the media has tried to present my client as a lying, whoring, thieving, conniving, sociopath. They've done a pretty thorough job too, but that doesn't make her a murderer. Her daughter was only missing for 31 days before it was reported to LE.. 31 days people, that's only as long as it takes an impregnated mother cat to have her babies. Is that too long to search for your missing child before reporting it to LE, I ask? 31 days, well, time flies when you're having fun and the days just flew by for my client. Now moving on to her lies to LE and leading them on a wild goose chase. We will show that in her mind, she wasn't lying. My client suffers from both short term and long term memory loss, directly related to hitting her head on a pole while pole dancing at Fusion. We will show that this injury caused a severe personality change where she exhibited bizarre behaviour in light of the fact that her daughter was missing, inappropriate I grant you that, but that does not make her a murderer.

 

[manatee]

How will he explain the Zanny story? he is gonna have to since I'm sure KC's statements will be made available to the jury in trial. The prosecution will certainly bring the detectives in and introduce all of KC's statements.
so what will be said about ZG?

 

[Baznme]

Here's what JB has so far - dated 11/06/08

"Attorneys for Anthony on Wednesday urged state prosecutors not to seek the death penalty in the high-profile case, using baby photos of their client to help their cause, Local 6 News reported.

Local 6 News obtained the baby photos of Anthony that will be used by her attorneys in an effort to sway the state from pursuing the death penalty.

The photographs show Anthony as a baby, playing with her brother, Lee, and surrounded by family members.

An experienced defense attorney was recently retained on Anthony's behalf, and he's hoping the photos and his 30-page argument will convince prosecutors.

"In this case, no one knows how death might have happened, if at all," stated the document, which was also obtained by Local 6 News. "If death did occur, the death was almost certainly a tragic accident."

Anthony's defense team also raises the possibility that Caylee may have been poisoned by chloroform, saying, "Death may have occurred while the child was sedated or from an unwitting overdose of a sedative."

Anthony's attorneys are also trying to show prosecutors that their client is an unlikely candidate for the death penalty because of her age and lack of a criminal record. Attorneys said the evidence suggests Anthony was a good, loving mother but also a troubled woman who may be suffering from depression or other mental conditions, Local 6 News reported.

The defense admits that Anthony "spent money she does not have, wrote bad checks, had multiple unstable relationships and participated in risky behavior."

The request did not mention the baby sitter with whom Anthony said she left Caylee at an apartment complex before never seeing her again. But the argument is not a case strategy, Local 6 News reported, rather only an attempt to get the death penalty option off the table."

He's already got his own version of "IF SHE DID IT".

http://www.floridatoday.com/article/20081106/BREAKINGNEWS/81106002/1006/news01

 

[manatee]

Here's what JB has so far - dated 11/06/08

"Attorneys for Anthony on Wednesday urged state prosecutors not to seek the death penalty in the high-profile case, using baby photos of their client to help their cause, Local 6 News reported.

Local 6 News obtained the baby photos of Anthony that will be used by her attorneys in an effort to sway the state from pursuing the death penalty.

The photographs show Anthony as a baby, playing with her brother, Lee, and surrounded by family members.

An experienced defense attorney was recently retained on Anthony's behalf, and he's hoping the photos and his 30-page argument will convince prosecutors.

"In this case, no one knows how death might have happened, if at all," stated the document, which was also obtained by Local 6 News. "If death did occur, the death was almost certainly a tragic accident."

Anthony's defense team also raises the possibility that Caylee may have been poisoned by chloroform, saying, "Death may have occurred while the child was sedated or from an unwitting overdose of a sedative."

Anthony's attorneys are also trying to show prosecutors that their client is an unlikely candidate for the death penalty because of her age and lack of a criminal record. Attorneys said the evidence suggests Anthony was a good, loving mother but also a troubled woman who may be suffering from depression or other mental conditions, Local 6 News reported.

The defense admits that Anthony "spent money she does not have, wrote bad checks, had multiple unstable relationships and participated in risky behavior."

The request did not mention the baby sitter with whom Anthony said she left Caylee at an apartment complex before never seeing her again. But the argument is not a case strategy, Local 6 News reported, rather only an attempt to get the death penalty option off the table."

He's already got his own version of "IF SHE DID IT".

http://www.floridatoday.com/article/20081106/BREAKINGNEWS/81106002/1006/news01

This says a lot. But again, the defense will have to have an explanation for the nanny because KC's statement will be introduced as evidence. There will be no way around those statements.

 

[manatee]

I will also like to add that all of the other prosecution witnesses will be asked about this nanny and they will say they've never met a Zanny or even heard of her until after Caylee went missing...So the defense will have to come up with something for this.

one last thing...getting to the bottom of who she gave the child to is key to the prosecution's case...so it will be brought up adnauseum

 

[manatee]

other things that defense will have to explain:

not reported missing for 31 days
shovel
lies about her job at universal and lies about people that she worked with
to officers
shopping spree and behavior while daughter missing
her statements about the squirrel that she supposedly hit

 

[Themis]

:laugh:What kind of defense for Casey in a trial?!!!!!!!
Give me a break. :floorlaugh:
I'm sure not going to help them!!!!!! :gavel: :behindbar

 

[manatee]

:laugh:What kind of defense for Casey in a trial?!!!!!!!
Give me a break. :floorlaugh:
I'm sure not going to help them!!!!!! :gavel: :behindbar

by bringing it out...you actually help the prosecution prepare to counter. The defense is always very secretive about their theory. by exposing it you assist the prosecution not the other way around.

 

[Themis]

by bringing it out...you actually help the prosecution prepare to counter. The defense is always very secretive about their theory. by exposing it you assist the prosecution not the other way around.

Good prosecutors always anticipate the possible defense AND prep the case from the point of view of the trial judge and the jury. Trial by ambush only causes delays. Judges don't like delays because it messes up their calendars. Other cases get bumped or there are court "dark days" not using resources. Cases stack up and it makes the judges cranky -- for good reason.

 

[Themis]

By the way, it isn't called a "counter" like in counter-offer or bargaining. If still working with the same witness called by prosecution, cross examined by defense and then back to the prosecution it is called re-direct examination. If the witness is called by defense, the prosecution cross-examines. If at the end of the defense case the prosecution needs to present further evidence to address a defense raised it is called rebuttal. Just so you know. WSers are very smart.

 

[manatee]

Good prosecutors always anticipate the possible defense AND prep the case from the point of view of the trial judge and the jury. Trial by ambush only causes delays. Judges don't like delays because it messes up their calendars. Other cases get bumped or there are court "dark days" not using resources. Cases stack up and it makes the judges cranky -- for good reason.

ok...so we agree then. Why not expose to the prosecution what the defense may be thinking? the more minds that can look at this the more theories we can hand over to the prosecution.
I'm missing your point

 

[Meemom]

I think the defense will have to come up with some story to explain the lies and inconsistencies. And I bet it will be about as fantastic and unprovable as the Zanny story. And I really think KC should have a female lawyer-a woman representing a young mother I think is more sympathetic. Also I think the jurors will pick up on that hinkey vibe JB and KC put out when they're together.

Regardless on what kind of defense JB & the DP atty come up with, the jurors are still human......KC's demeanor in court will count for a lot....Just one of her famous little smirks, or inappropriate laughs during witness testimony will be very telling to the jury, and if she starts hanging all over JB, the jury will see that too....and they won't like it!
She may have delusions of Juliette Lewis, but I don't think she's a good enough actress to pull off a grieving mother act in the courtroom....JMO