Will George and Cindy Testify?

[LeLe1953]

I think GA has been consistently cooperative with LE. Anything he has said outside of that or to the media has been for Cindy's sake. moo

I certainly don't see him being declared a hostile witness at trial- but I do think they have their work cut out for them with CA and LA. I think the prosecution has no choice but to call them as witnesses.- the family's testimony is critical in putting together the pieces. It will be very interesting to see how it plays out.

I tend to agree. I think George will answer the questions asked but he sure won't offer anything up. I think the same of Lee. I think Cindy will do whatever she can to avoid tesifying even if it means signing herself into a psych ward.

 

[pirate]

they have an enormous amount of interrogation material that can be introduced. I would suspect that CA will want to "set the record straight" on much of that.

That's what I think too. However, by getting on the stand to continue the Zanny the Nanny myth, she would then be compelled to answer questions from the SA concerning her phone calls and Casey's behavior.

And that's why I wonder if any of them will testify and risk having their own words and actions questioned. In order to defend Casey they will have to address their own words and actions.

 

[Superllama]

IMO I think GA will testify honestly against KC. Reviewing the tapes of him being interviewed by LE show that. As a former homicide detective I highly doubt that GA doesn't realize what his daughter did. Didn't he say to LE in one of the tapes (not an exact quote) "let me tell Cindy if anything happened... it will kill her". I think he knows.

I'm starting to think that CA has realized the truth now as well. She loved little Caylee so much, and wanted to believe against all odds that she was alive. Now that her remains have been found I get the feeling that Cindy's eyes are opening and she's starting to realize just why her granddaughter won't be coming home.

 

[pirate]

I'm starting to think that CA has realized the truth now as well. She loved little Caylee so much, and wanted to believe against all odds that she was alive. Now that her remains have been found I get the feeling that Cindy's eyes are opening and she's starting to realize just why her granddaughter won't be coming home.

I was hoping the same thing last week after the remains were identified but the announcement from Conway last week that they are supporting Casey proved otherwise. I was very disappointed to hear that - even if they do support Casey, it's insane for them to think that the world needs to hear that.

 

[BeanE]

I just can't see any benefit to anyone from putting Cindy on the stand. She has little regard for the law, and has shown herself to be "mistruthful", volatile, and unpredictable.

The cost of putting her on the stand far outweighs any beneficial nuggets that may be able to be extracted from her.

 

[chesterp]

I just can't see any benefit to anyone from putting Cindy on the stand. She has little regard for the law, and has shown herself to be "mistruthful", volatile, and unpredictable.

The cost of putting her on the stand far outweighs any beneficial nuggets that may be able to be extracted from her.

Her own words in the GVS interview, Lying is not a crime. If she is called to testify................ I wonder if she will change her mind about that statement.

 

[coco puff]

I just can't see any benefit to anyone from putting Cindy on the stand. She has little regard for the law, and has shown herself to be "mistruthful", volatile, and unpredictable.

The cost of putting her on the stand far outweighs any beneficial nuggets that may be able to be extracted from her.

I think they will do anything to cooperate now. George knows what a prison sentence (of any length) would be like for himself and his wife. Prisoners don't like ex LE and they really don't like folks that protect those that do harm to children. They know they have been caught in lies and could very well go to jail if they continue with the lies. I think they are going into self-preservation mode. They may be offered immunity it they testify and I think they will take it. imo

 

[debs]

Their lawyers are no doubt advising every Anthony to stay off the stand. I'd rather be a fly on the wall to THOSE conversations as they work desperately to keep these people silent.

 

[CBTampa]

And CA/GA stalling on burial arrangements because they know LE will move in quickly after the burial............IMOO

Snipped for space. I don't agree that they are stalling on the burial at all. They are getting ready to bury their precious granddaughter right in the mist of the holidays. We need to give them space and it due time they will do what is necessary.

 

[icherish]

I was hoping the same thing last week after the remains were identified but the announcement from Conway last week that they are supporting Casey proved otherwise. I was very disappointed to hear that - even if they do support Casey, it's insane for them to think that the world needs to hear that.

Well, if I had just been told my granchild was dead, frankly I wouldn't care what the world thinks or wants to hear, but to the point...

Perhaps "supporting" Casey means continuing to love her no matter what. Even if she has done something abominable.

We've seen it time and time again from parents of killers convicted of the most heinous crimes, so not sure why you think it's insane. Condemning the act, yet loving the child never ending... It's called unconditional love. Something Casey never had for Caylee, that's for sure.

 

[Short_Stuff]

I think GA will testify, but I doubt anyone will put Cindy on the stand. She's just too hyper, & goes into too many untruthful details.

 

[TxRose]

I tend to agree. I think George will answer the questions asked but he sure won't offer anything up. I think the same of Lee. I think Cindy will do whatever she can to avoid tesifying even if it means signing herself into a psych ward.

I am not so sure I agree about Cindy. I think she has the same syndrome Casey does - they think they can talk their way out of anything. They think if they speak - people will believe them. She has not been able to keep her mouth closed for 5 months now...she just HAS to talk. I think she believes she can help Casey if she does. That is why I could see her wanting to testify...not to help the prosecution, but because she believes she can help Casey. I could see her wanting to be called by the defense to help support her daughter. This would be a huge mistake however, since her inconsistencies would be easy for the prosecution to pounce on. I think JB and team would avoid that.

 

[wallflower67]

My understanding is a witness who is called to the stand on direct examination by either party (prosecution or defense), who is not answering questions directly or is otherwise uncooperative, could then be declared a hostile witness by the court. That witness can then be cross-examined and asked leading questions by that party.

Pleading the 5th is used to protect oneself from one's own incrimination. That wouldn't come into play unless they are charged with a crime. They definitely can't plead the 5th or otherwise refuse to testify to protect Casey.

I wonder if that will keep LE from charging the A's? They will HAVE to testify, even if considered a hostile witness, and cannot plead the 5th. If they have been charged with something, then any question asked about Casey...they could plead the 5th and we'd never get any info out of them.

 

[TxRose]

I wonder if that will keep LE from charging the A's? They will HAVE to testify, even if considered a hostile witness, and cannot plead the 5th. If they have been charged with something, then any question asked about Casey...they could plead the 5th and we'd never get any info out of them.

I don't think anything would keep them from charging the A's AFTER Casey's trial though. So they might just wait to do anything until after they see if the A's testify.

 

[trac]

Would they have to be charged or just questioned?

Likely if they won't testify by their own choice they would be subpeoned as a hostile witness by the prosecution and then probably plea the 5th to avoid testimony, correct?

According to the law library:

hostile witness
n. technically an "adverse witness" in a trial who is found by the judge to be hostile (adverse) to the position of the party whose attorney is questioning the witness, even though the attorney called the witness to testify on behalf of his/her client. When the attorney calling the witness finds that the answers are contrary to the legal position of his/her client or the witness becomes openly antagonistic, the attorney may request the judge to declare the witness to be "hostile" or "adverse." If the judge declares the witness to be hostile (i.e. adverse), the attorney may ask "leading" questions which suggest answers or are challenging to the testimony just as on cross examination of a witness who has testified for the opposition.


Pleading the fifth

In American criminal law, "taking the Fifth", also known as "pleading the Fifth" or "commanding the fifth", is the act of refusing to testify under oath in a court of law or any other tribunal (such as a Congressional committee) on the ground that the answers that would be given could be used as evidence against the witness to convict him or her of a criminal offense. Although similar to the right to remain silent when being questioned by law enforcement officers, and coming from the same source, namely the Fifth Amendment in the Bill of Rights, the right to refuse to answer when under oath has a longer history than Miranda rights.

In many jurisdictions other than the United States, witnesses may be compelled under threat of contempt to answer questions even when the answers would incriminate the witness in a criminal offense. (However, in Canada for example, Charter §13 provides automatic use immunity.) In such jurisdictions, such statements given under compulsion of subpoena cannot be used as evidence against that person (which is not the case in the United States). The American system has the benefit of not exposing the witness to the risk that law enforcement will be able to obtain collateral evidence based on the witness's testimony that law enforcement could not possibly have learned had the witness been allowed to remain silent.

A witness may not refuse to answer questions on the ground that the answers may reveal matters that may incriminate other persons (with the possible exception of married couples -- see Spousal privilege). Generally, a witness may not refuse to answer any relevant question put to him or her unless the answer would incriminate that witness. One common application of this rule is the practice of providing limited transactional immunity to a defendant as to specific crimes, thus narrowing the protection against self-incrimination, and permitting a court to compel answers about those crimes. The victim of a crime may be detained and compelled to answer questions, as a material witness, even if the victim does not want to "press charges," on the theory that the crime is of public concern, and the right does not extend to other parties

 

[wallflower67]

I don't think anything would keep them from charging the A's AFTER Casey's trial though. So they might just wait to do anything until after they see if the A's testify.

That's what I was thinking. I hadn't read the post above from the attorney. If they plead the 5th at Casey's trial, though, that will prob put them under more scrutiny as far as LE filing charges against them. They'd pretty much be admitting they did something illegal. MOO

 

[TxRose]

That's what I was thinking. I hadn't read the post above from the attorney. If they plead the 5th at Casey's trial, though, that will prob put them under more scrutiny as far as LE filing charges against them. They'd pretty much be admitting they did something illegal. MOO

The problem is that the state really needs to A's to establish the time line of events. They hold the key to when Caylee was last seen. They hold keys to what Casey did and said during the 30 day period she wasn't home. They hold the key to what happened with the car and what was found in it. They hold the key to Casey's "confession" that the nanny took the child. How will they bring this in to evidence without their testimony? Can they do that with just their statements to LE? I would think not. There is nobody else that can establish that timeline of events for them other than the A family members. Sure there will be other witnesses to establish parts of the timeline and to corroborate the A's - but they are really key here.

 

[impatientredhead]

The problem is that the state really needs to A's to establish the time line of events. They hold the key to when Caylee was last seen. They hold keys to what Casey did and said during the 30 day period she wasn't home. They hold the key to what happened with the car and what was found in it. They hold the key to Casey's "confession" that the nanny took the child. How will they bring this in to evidence without their testimony? Can they do that with just their statements to LE? I would think not. There is nobody else that can establish that timeline of events for them other than the A family members. Sure there will be other witnesses to establish parts of the timeline and to corroborate the A's - but they are really key here.

They will be called to testify, as you said they are vital to timeline. The lies Casey was telling about Caylee's whereabouts are largely through Cindy, the never meeting the nanny, the car coming back to them. They will be called and if Baez thinks he can get anything helpful out of them on cross examination and it conflicts with their sworn statements to LE the prosecution will then be able to present that. Other than Baez asking them if Casey was ever violent with Caylee he would be do best by getting them off the stand ASAP. The more Cindy talks the more it will harm Casey regardless of her intent.

 

[TxRose]

They will be called to testify, as you said they are vital to timeline. The lies Casey was telling about Caylee's whereabouts are largely through Cindy, the never meeting the nanny, the car coming back to them. They will be called and if Baez thinks he can get anything helpful out of them on cross examination and it conflicts with their sworn statements to LE the prosecution will then be able to present that. Other than Baez asking them if Casey was ever violent with Caylee he would be do best by getting them off the stand ASAP. The more Cindy talks the more it will harm Casey regardless of her intent.

Bolded by me... A truer statement has never been made! JB will be biting his fingernails off until she is off the stand.

 

[debs]

Near as I can tell, speaking about time lines is not incriminating. Neither is speaking about the last time you saw someone. Nor is discussing the volatile parental relationship the Anthony's had with Casey.