What Is the Defense Strategy #2

[panthera]

The problem is the DT is between a rock and a hard place. They are duty-bound to protect KC's civil and legal rights, and must present some sort of defense.

The claim that someone else did it has been suggested from the beginning with CA claiming that JG, AH, or any of KC's friends were really the nanny. Later RK came under fire. But there's no evidence whatsoever that suggests anyone other than KC did it.

After Caylee's remains were found, the accidental death was put forth, and the DT has been pushing that claim in recent months. Last week CM was calling it an accidental death and stated that there would be devastating news about the Anthonys during the trial.

I think the defense will definitely be claiming an accidental death in an attempt to get the charges reduced from first degree murder to a lesser degree. Their client goes into this trial with public sentiment detesting her! To soften her image they have to explain why she appears so cold and unemotional and shows no remorse. They have to explain why she lied, why she happily partied, and why the duct tape, along with a host of other things she did. To create sympathy for KC they have to portray her parents as abusive.

In the past 2 and 1/2 years GA and CA's behavior has been a major focus of this case. I think the defense will show their behavior in pictures and video to show the jury how bizarre KC's parents are. They will claim that KC's behavior is the result of a lifetime of parental abuse.

I don't think the jury will buy it. The state will be able to refute the accidental death claim. But, it's the only thing the DT has at this point.

I agree, it's about the only thing they have a chance of "reasonable doubt" with but it has to be reinforced with some strong evidence of Casey being absolutely terrified of her mother (and/or father) which created the chain of lies, and her going on as if nothing had happened during those 31 days. I don't believe it will work either, however. MOO

 

[BigMomma]

ALTHOUGH, below Mason says it was an accident

http://www.youtube.com/watch?v=uyloiXq_xN8

So maybe he intends to say it was an accident and KC was afraid to tell anyone. Maybe he is going to bring in the sexual abuse as a mitigating factor in the 31 days.

Because I have no idea what he is going to say. Remember we know the case inside and out - the jury is hearing it for the first time. So when we hear this opening argumetn - have a beer handy. on the other hand, the jury will listen intently and try to process this unimaginable bs that he is going to try.

Still no excuse. ica was having sex in those 31 days. She could have been afraid of the possible sexual abuse, but my goodness, her daughter died. What about her? No excuse at all. :banghead:

 

[LaLaw2000]

I had posted once before that I did not think the defense even have a trial strategy. They will stay busy defending against the onslaught of evidence. What is going to be interesting to me are the opening/closing statements.

Baez will flub when he gives the opening statement. He will be in front of a real death penalty jury, and I don't think for a moment that he can keep himself together and not stumble all over his words. Then what about closing arguments at the end of the case? I think he will probably let Mason do the closing. The problem with both Mason and Baez is that neither are at all likeable, IMO, and their manner of speaking is abrasive to me.

IOW, I see the whole trial being a big mess from these two lawyers. Mason knows he'd better behave, but Baez? Baez will be santioned at least once, IMO. He will be flying by the seat of his pants unless he will listen to Finnel.

I am looking forward to seeing, hearing, and watching the SA's do their job. A big WIN is coming down the pike for them and justice for little Caylee!

MOO

 

[legalmania]

There's been a lot of speculation about blaming Caylee's death on another family member, and possibly George, for some time.

Yesterday I went through saved pictures of all that's happened in the past 2 and 1/2 years in this case, as I was looking for a specific picture.

As I went through the pictures, I noticed that there's a lot of violence with both GA and CA. There's been a lot of incidences of Cindy yelling at reporters and people. We've seen a lot of anger from them and especially so in the depositions they gave to John Morgan and Keith Mitnik.

I've got a picture of Cindy outside her home pounding "no trespassing" signs in her front yard and confronting reporters calling them maggots and waving the hammer in a threatening manner.

I've got a picture of George turning the hose on protesters and Cindy right at his side with a baseball bat.

I've got a picture of George pushing a man in anger and being restrained.

I've got a picture of Cindy going after a woman protestor and George restraining her, while an unidentified man restrained the woman.

I've got a picture and video of George going ballistic and destroying a cameraman/reporter's belongings - his umbrella, his chair, his small ice chest. George then goes after the man and another man has to restrain George. Even so, George does make brief contact. In the video, George is heard yelling, "I only touched him, I only touched him."

We've all seen George lose his temper and yell "the body in my daughter's car wasn't my granddaughter!"

We've read the deposition from a person who was present in the Anthony home the day Casey was bonded out. The person stated that George marched into Casey's room and physically tried to get answers out of her. George's friend from Ohio, and Cindy had to restrain George and pull him out of the room.

I suspect that the defense strategy is going to be to portray Casey as a victim of parental abuse. They will claim physical, emotional, and mental abuse took place in the Anthony home. They will claim that Casey was extremely fearful of her parents, even though there's video of her getting angry with them in one of the jailhouse visitation videos.

The defense will portray Caylee's death as an accident. They might state that Caylee's death was an accident while in Casey's care, but Casey was too frightened to tell her parents and made up the story of the kidnapping.

I don't think this defense strategy will fly, and I also think the state has plenty of evidence that refutes the accident theory. But the whole defense strategy is to introduce "reasonable doubt."

Isn't this the same behavior we have seen over the years out of anyone who is mobbed by the media and citizens. I can only use rock or movie stars as an example, when bald Britney attacked a car with an umbrella, Charlie Sheen, Alec Baldwin, Tommy Lee, the list just goes on and on. I just can't say what the normal behavior is. Also the defense has to have proof that her parents abused her, where are all the police reports? From my personal experience whatever gets thrown out by the law juries usually disregard hearsay evidence.

http://heinonline.org/HOL/LandingPa...s&handle=hein.journals/umkc77&div=7&id=&page=

 

[strach304]

But he also tells JC that he will be objecting to all the experts as they testify. So, if it is an accident and she tried to hide it, there is no need to refute the expert testimony of her being in the trunk, etc. (Except for the chloroform - forgot about that - that is huge).

The accident could be the chloroform or the pool. HELLLLLLLLLLP. with this - what is he going to use?

I thought it was already stated the chloroform levels were too high for that. Thus, imo the reason CA testified she put dryer sheets in the trunk. There's also the computer searches. If it were a pool accident she may still get charged for neglect or something. However, if chloroform was used for any reason then Caylee died as a result of felony child abuse resulting in death so she would still be eligible for the dp. I think most of us will agree that the jury isn't going to believe Casey so the DT better have pretty good evidence of an accident. Casey's word will not cut it.

 

[Solace]

It is going to be pretty hard to get past KC's derogatory comments to Cindy (heard by the neighbor), by Annie Dowling when KC was out on bail (calling her mother a %$^ing idiot and Cindy just taking it). KC telling George to act like a $%%ing father and not a cop;

kc KC does not appear to be afraid of them at all. Having said that, they could paint the picture as one of sexual abuse by George, Cindy denying it, KC not being able to hold down a job, pathological lying, stealing and being told we are going to take custody and Caylee dying in the pool "by accident" and being too afraid of them to tell. Its ridiculous.

Orrrrrrrrr she od'd her 'BY accident" with the chloroform. That should put her in solid with the jury.

 

[strach304]

I had posted once before that I did not think the defense even have a trial strategy. They will stay busy defending against the onslaught of evidence. What is going to be interesting to me are the opening/closing statements.

Baez will flub when he gives the opening statement. He will be in front of a real death penalty jury, and I don't think for a moment that he can keep himself together and not stumble all over his words. Then what about closing arguments at the end of the case? I think he will probably let Mason do the closing. The problem with both Mason and Baez is that neither are at all likeable, IMO, and their manner of speaking is abrasive to me.

IOW, I see the whole trial being a big mess from these two lawyers. Mason knows he'd better behave, but Baez? Baez will be santioned at least once, IMO. He will be flying by the seat of his pants unless he will listen to Finnel.

I am looking forward to seeing, hearing, and watching the SA's do their job. A big WIN is coming down the pike for them and justice for little Caylee!

MOO

Did you see the interview CM did with JC? It gave me the overall impression that he's pretty decent. CM as well as HHJP have a lot of experience with DP cases. I think we will see the other side of him in front of a jury. Some were worried about JA but I think he too will not lose his temper in front of the jury. JB is another story. Just a $hithead imo. Some of the most idiotic things come out of his mouth. He certainly is lacking in experience in representing a case of this magnitude. He has had a lot of help though. I do agree with you though as to how the jury will take him. I cannot get the vision out of my head where JB is questioning Dr. Vass and the faces he makes before throwing up his arms. It's as if he's saying "are you sure this dude is a lawyer"?

 

[Solace]

Did you see the interview CM did with JC? It gave me the overall impression that he's pretty decent. CM as well as HHJP have a lot of experience with DP cases. I think we will see the other side of him in front of a jury. Some were worried about JA but I think he too will not lose his temper in front of the jury. JB is another story. Just a $hithead imo. Some of the most idiotic things come out of his mouth. He certainly is lacking in experience in representing a case of this magnitude. He has had a lot of help though. I do agree with you though as to how the jury will take him. I cannot get the vision out of my head where JB is questioning Dr. Vass and the faces he makes before throwing up his arms. It's as if he's saying "are you sure this dude is a lawyer"?

I don't know what the strategy is going to be, but they probably should address the KC phone call from Jail on July 16th when she says "all they care about is Caylee" oops - "and you know what so do I".

Or maybe they should just try and hope it is never mentioned.

Okay, one more time: I was at the beach with my son and lost him for about 45 seconds - and almost had heart failure - seriously! HEART FAILURE!

 

[katydid23]

The DT is going to run into serious problems if they try to sell the jury on the 'abusive parents' scenario. Sure, the Anthony's have a lot of issues. But there will be people on that jury who have had much worse childhoods than Casey had. There are many people who live through nightmares of physical and sexual and sadistic abuse, of starvation and poverty, foster homes, abandonment. Casey lived in the lap of luxury compared to most.

Cindy is an insensitive, manipulative, controlling shrew. So what? That doesn't mean Casey gets a pass for dumping her child.

And the accident theory is going to be problematic as well. If they try the 'OD on chloroform' scenario she is toast. No sympathy there imo.

But even the accident in the pool theory has big problems. If she came home on the 16th after george left for work, the pool stairs were put away. Casey would have had to put them back at the pool side. IF she did that and then walked away and texted friends and played on the computer, after putting the stairs by the pool, then it is more than just an accident. That would make me wonder if she WANTED that accident to happen.

Also, how long would the child have been in the pool? Normally you dial 911 because the EMT workers can do amazing things these days. Children can be brought back from the brink of death. But Casey's first impulse was not to call for help, but to grab the duct tape. That speaks volumes. So even IF the DT tries to imply it was 'just' an accident, many questions will arise.
How did the stairs get to the pool. If not, how would the child get in? And since we know Casey was texting and calling and computering that day, where did she think Caylee was all that time?
And MOST IMPORTANT---IF it was a tragic accident, why was Casey so care free and upbeat just hours later on her movie date? If she had just fished her dead baby out of the pool, duct taped her face, wrapped her in her Pooh blanket and tossed her in the trunk, how come she was so flirty and cuddly, while picking out her murder mysteries at BlockBuster?

 

[LaLaw2000]

Did you see the interview CM did with JC? It gave me the overall impression that he's pretty decent. CM as well as HHJP have a lot of experience with DP cases. I think we will see the other side of him in front of a jury. Some were worried about JA but I think he too will not lose his temper in front of the jury. JB is another story. Just a $hithead imo. Some of the most idiotic things come out of his mouth. He certainly is lacking in experience in representing a case of this magnitude. He has had a lot of help though. I do agree with you though as to how the jury will take him. I cannot get the vision out of my head where JB is questioning Dr. Vass and the faces he makes before throwing up his arms. It's as if he's saying "are you sure this dude is a lawyer"?

Well, I do not care for Mason and clicked the interview off after listening to it for just a few moments. Sorry, I just do not care for Mason at all. Actually, I don't even have a decent opinion of him. My opinion is that he is just as annoying as Baez.

MOO

 

[strawberry]

OK, I'm rereading the jailhouse letters to Robyn for fun. JB's strategy seems to have been to isolate ICA from her family all along. It's what cult leaders do. She talks about how BC had been bashing JB and CA wouldn't do anything about it. The whole b-e-t-r-a-y-ed episode with Meredith Viera; JB made a visit to fill ICA in on the "drama" that CA had lunch with MV the day after not feeling well enough to go to court. There was no need for JB to play middle school gossip games except to drive a wedge. ICA writes that she knows all that her father told LE, and just found out that her brother had been following a script (sound familiar?) from LE and telling them all ICA's answers (so they were working on that Agent of the State thing since at least early 09).

Other interesting tidbits but O/T for this thread is where she asks Robyn what "Maya" was in for. She also tells Robyn she was glad "Medina" was able to take her case. And the funniest to me has been where she tells Robyn that GA "quit or got fired" from his job in November unbeknownst to CA but continued to disappear day and night. HAHAHA

Oh and "brilliant" ICA has so far twice used "hints" instead of "hence". LOL I'm only on page 69.

 

[LambChop]

Well, I do not care for Mason and clicked the interview off after listening to it for just a few moments. Sorry, I just do not care for Mason at all. Actually, I don't even have a decent opinion of him. My opinion is that he is just as annoying as Baez.

MOO

I watched the portion by the pool with CM and his wife. She was very chatty. Could almost give CA a run for her money but she appeared very genuine. What surprised me, and I have nothing against wine because I love wine myself, CM was drinking what appears to be a glass of wine. While at a social gathering no problem being filmed while drinking a glass of wine, but he was giving an interview to a media outlet. As I said nothing wrong with it but it stuck me as odd as if he were saying, "Well, it's five o'clock somewhere." lol So clearly CM's afterhours and weekends are important to him. Wonder how he will do Saturday mornings for the next two months or more. jmo

 

[Solace]

Found this interesting; just listened to abc'S special and there are three charges: first degree murder, aggravated manslaughter and aggravated child abuse.

If they can't find first degree and

do find aggravated manslaughter and aggravated child abuse, the Judge can give her 30 years for each one - that would be 60 years.

I mean this is almost insurmountable for the defense. Maybe they will consider that a win.

I think that Perry would give her the max on the lesser charges if they find she is guilty of them.

 

[ZsaZsa]

The DT is going to run into serious problems if they try to sell the jury on the 'abusive parents' scenario. Sure, the Anthony's have a lot of issues. But there will be people on that jury who have had much worse childhoods than Casey had. There are many people who live through nightmares of physical and sexual and sadistic abuse, of starvation and poverty, foster homes, abandonment. Casey lived in the lap of luxury compared to most.

Cindy is an insensitive, manipulative, controlling shrew. So what? That doesn't mean Casey gets a pass for dumping her child.

And the accident theory is going to be problematic as well. If they try the 'OD on chloroform' scenario she is toast. No sympathy there imo.

But even the accident in the pool theory has big problems. If she came home on the 16th after george left for work, the pool stairs were put away. Casey would have had to put them back at the pool side. IF she did that and then walked away and texted friends and played on the computer, after putting the stairs by the pool, then it is more than just an accident. That would make me wonder if she WANTED that accident to happen.

Also, how long would the child have been in the pool? Normally you dial 911 because the EMT workers can do amazing things these days. Children can be brought back from the brink of death. But Casey's first impulse was not to call for help, but to grab the duct tape. That speaks volumes. So even IF the DT tries to imply it was 'just' an accident, many questions will arise.
How did the stairs get to the pool. If not, how would the child get in? And since we know Casey was texting and calling and computering that day, where did she think Caylee was all that time?
And MOST IMPORTANT---IF it was a tragic accident, why was Casey so care free and upbeat just hours later on her movie date? If she had just fished her dead baby out of the pool, duct taped her face, wrapped her in her Pooh blanket and tossed her in the trunk, how come she was so flirty and cuddly, while picking out her murder mysteries at BlockBuster?

As Judge Judy is so fond of saying- If you can't make sense of it , it is because it's not true.

 

[panthera]

Found this interesting; just listened to abc'S special and there are three charges: first degree murder, aggravated manslaughter and aggravated child abuse.

If they can't find first degree and

do find aggravated manslaughter and aggravated child abuse, the Judge can give her 30 years for each one - that would be 60 years.

I mean this is almost insurmountable for the defense. Maybe they will consider that a win.

I think that Perry would give her the max on the lesser charges if they find she is guilty of them.

BBM

Still better than the death penalty or being convicted of first degree murder and no chance of ever getting out of prison alive. I believe this may be why they are now suggesting an "accident" since they know it's either that or the impossible task of trying to convince a jury SODDI. MOO

 

[LambChop]

Found this interesting; just listened to abc'S special and there are three charges: first degree murder, aggravated manslaughter and aggravated child abuse.

If they can't find first degree and

do find aggravated manslaughter and aggravated child abuse, the Judge can give her 30 years for each one - that would be 60 years.

I mean this is almost insurmountable for the defense. Maybe they will consider that a win.

I think that Perry would give her the max on the lesser charges if they find she is guilty of them.

Could be a lose, lose situation. I think J(to kill a mockingbird)B needs to have a full trial to paint a perfect picture for himself. jmo

 

[ZsaZsa]

I had posted once before that I did not think the defense even have a trial strategy. They will stay busy defending against the onslaught of evidence. What is going to be interesting to me are the opening/closing statements.

Baez will flub when he gives the opening statement. He will be in front of a real death penalty jury, and I don't think for a moment that he can keep himself together and not stumble all over his words. Then what about closing arguments at the end of the case? I think he will probably let Mason do the closing. The problem with both Mason and Baez is that neither are at all likeable, IMO, and their manner of speaking is abrasive to me.

IOW, I see the whole trial being a big mess from these two lawyers. Mason knows he'd better behave, but Baez? Baez will be santioned at least once, IMO. He will be flying by the seat of his pants unless he will listen to Finnel.

I am looking forward to seeing, hearing, and watching the SA's do their job. A big WIN is coming down the pike for them and justice for little Caylee!

MOO

I agree. What we have seen so far is Baez stumbling around,unable to articulate an argument, his defense so far is to complain that every piece of evidence is irrelevant. That is it.
We were led to believe CM was just saving his skill until needed. Excuse me while I chuckle. He is poorly informed of the documented facts of this case, when he does cite a piece of evidence he puts it in the wrong context or wrong time frame and so far he is completely unimpressive. He mumbles so much it's hard to even grasp what he is trying to say.
I can't believe these two are transformers who will suddenly become two hot shot lawyers who,against all odds, can persuade a Jury to believe them.

 

[Solace]

BBM

Still better than the death penalty or being convicted of first degree murder and no chance of ever getting out of prison alive. I believe this may be why they are now suggesting an "accident" since they know it's either that or the impossible task of trying to convince a jury SODDI. MOO

Agree Panthera. If they pull that off, it will be incredible.

Schaeffer, wftv analyst, says the defense will try to show Casey's video where he poked around in the dry ground on November 16th mere feet from where she was found.

She was found December 8th and she was found in water with the skll bobbing in the water (I believe) - that is horrible.

Casey digs around in the same spot continuously, as I see it. A radius of about 6 inches. I don't see this as a problem for the state.

 

[LambChop]

I agree. What we have seen so far is Baez stumbling around,unable to articulate an argument, his defense so far is to complain that every piece of evidence is irrelevant. That is it.
We were led to believe CM was just saving his skill until needed. Excuse me while I chuckle. He is poorly informed of the documented facts of this case, when he does cite a piece of evidence he puts it in the wrong context or wrong time frame and so far he is completely unimpressive. He mumbles so much it's hard to even grasp what he is trying to say.
I can't believe these two are transformers who will suddenly become two hot shot lawyers who,against all odds, can persuade a Jury to believe them.

CM gets a lot wrong when he sites instances in hearings. Hope he does a little better, no a lot better during the trial. Didn't he say that the female officer put KC into the back of her vehicle in handcuffs? Now we just know that is not true. So one does not know if that was deliberate (hard to believe when the judge remembers everything said) or if his memory is just not reliable. I know it is hard to understand him but it will be interesting to see if he can keep the facts straight. jmo

 

[LambChop]

Agree Panthera. If they pull that off, it will be incredible.

Schaeffer, wftv analyst, says the defense will try to show Casey's video where he poked around in the dry ground on November 16th mere feet from where she was found.

She was found December 8th and she was found in water with the skll bobbing in the water (I believe) - that is horrible.

Casey digs around in the same spot continuously, as I see it. A radious of about 6 inches. I don't see this as a problem for the state.

Caylee was found December 11th and the area where she was found no longer contained water, it was pretty much dried up by December. However, in August when RK first spotted the skull he described it as bobbing in the water.