I think it is hard to pin down a defense strategy at this point. Strategy is always changing, shifting, and reworked based on where things stand.
A defense plan typically includes standards regardless of the case at hand. Standards such as discrediting witnesses, finding loopholes in law, keeping unwanted evidence out of trial, pleas, etc....
A true strategy is an ever evolving entity of its own. One that is formulated skillfully, and one that is mindful of ALL the information that can be used against the client. A strategy follows a specific thought process from beginning to end while introducing supporting evidence and having a backup if the strategy is derailed by the prosecution, witness testimony, or expert findings.
I think from day one of JB's involvement, he has been attempting to develop a strategy. I also think that he has previously conducted and continues to conduct, a defense "litmus" test for his strategies. He has been dipping his toe into a number of waters (muddy and otherwise) in an attempt to measure the likelihood of success for any number of strategies.
I look back at his strong opposition to a gag order. While I personally don't doubt that a large (well maybe huge) part of his reasoning was self serving, I also recognize that by ensuring a gag order was not imposed, he has been able to use the general public as his sounding board, practice field, mock trial jury.
I think it is safe to assume that the defense team reads the forums and blogs. Have we not noticed on more than one occasion that comments made here and elsewhere have been quoted? Have we noticed that comments about anything from KC's appearance to JB's pocket squares have been addressed?
Public opinion is VERY important to the defense team. By determining that which we find most offensive, repugnant, and unethical, the team can plan accordingly.
Andrea Lyon has said in her lectures that your brain processes language at a speed considerably faster than speech. In other words, she knows her jurors are listening to her and while she is still speaking, the juror is already formulating a question or an objection to her statement almost simultaneously.
Her goal is to answer that question while she is still speaking.
By anticipating all of the questions, opinions, and objections of their potential jury, the defense can refute and overcome them without a question being asked.
The stage play Tot Mom was touted by Soderbergh as an experiment in social behaviors (or something similar). His strategy for generating interest and creating anticipation was unique. As an example....He used remarks from the theater ticketing website as a form of "guerrilla" marketing. Cryptic twitter posts between Cate Blanchett and her husband hyping a mystery project were released in an effort to stir things up. The list goes on.....
When comparing the play to the defense......we see JB using blogs, forums, and media in his strategy and in his motions. We see cryptic comments with no further explanation (When it goes to trial everyone will understand.) and last minute motion filings with a media leak.
IMO.........JB's arguing against the gag order was based on his intent to use Guerrilla marketing and conduct litmus tests. Perhaps, a more appropriate field for Mr. Baez to have chosen would have in that arena as opposed to the practice of law. He seems to have gotten a bit wrapped up in that aspect as opposed to building an actual defense.
Or maybe.......that WAS and IS.....his strategy? Time will tell. It always does.
