What Is the Defense Strategy?

[kaRN]

I think the strategy is to annoy us with media appearances there isn't a juror left in the world. And to plan for the penalty phase.

 

[nort]

In regards to the accident excuse I do think this will come up. I have thought that part of the Psych doctors visiting her were to establish such an unhealthy relationship with her mother that Casey could never have told her that this happened under her watch . Casey likes to be right and they fought about Caylees care to the point Cindy wanted custody. She was not going to let her mother be right. Look how far she went to be right about having a job, to take things to the extreme in her lies is her MO. As a jury member I would not feel bad for her, I would still find the situation disgusting and unacceptable but I could not give her the death penalty over it either. She also saw an opportunity here for donations, fame and sympathy, from the public as well as from her family. Everything would be fine she could play the victim forever. I just think its the only way to tie all of the evidence from the home and car to her without her having actually murdered the baby. As far as them blaming someone else I dont think they were trying to prove someone else actually did it they were just trying to prove that others had opportunity. I personally think she did it but I dont think there is a lot of wiggle room in a defense based on whats been released. You have to put her there and you have to put a dead (RIP) Caylee in her car. How else could you tie those things together from a defense perspective and say she didnt kill her. Accident is the only thing that comes to mind... Again I think she killed her. IMO

 

[panthera]

In regards to the accident excuse I do think this will come up. I have thought that part of the Psych doctors visiting her were to establish such an unhealthy relationship with her mother that Casey could never have told her that this happened under her watch . Casey likes to be right and they fought about Caylees care to the point Cindy wanted custody. She was not going to let her mother be right. Look how far she went to be right about having a job, to take things to the extreme in her lies is her MO. As a jury member I would not feel bad for her, I would still find the situation disgusting and unacceptable but I could not give her the death penalty over it either. She also saw an opportunity here for donations, fame and sympathy, from the public as well as from her family. Everything would be fine she could play the victim forever. I just think its the only way to tie all of the evidence from the home and car to her without her having actually murdered the baby. As far as them blaming someone else I dont think they were trying to prove someone else actually did it they were just trying to prove that others had opportunity. I personally think she did it but I dont think there is a lot of wiggle room in a defense based on whats been released. You have to put her there and you have to put a dead (RIP) Caylee in her car. How else could you tie those things together from a defense perspective and say she didnt kill her. Accident is the only thing that comes to mind... Again I think she killed her. IMO

I believe the defense could introduce the accident theory however because of the duct tape they would be hard pressed to convince the jury of it. They don't have much except to try to infer the possiblity of someone else committing the crime or it was an accident that Casey was afraid to admit to her parents though. MOO

 

[nort]

I hope the jury does not believe any of it...I hope shes found guilty and they choose a punishment that fits this awful crime.

 

[panthera]

I hope the jury does not believe any of it...I hope shes found guilty and they choose a punishment that fits this awful crime.

Death qualified Floria jurors usually do the right thing. I have no worries!

 

[ExpectingUnicorns]

I hope the jury does not believe any of it...I hope shes found guilty and they choose a punishment that fits this awful crime.

How many people on the jury have to have reasonable doubt? Just one or a majority?

 

[Dignity4Victims]

How many people on the jury have to have reasonable doubt? Just one or a majority?

They need one juror for a hung jury, but for a guilty or not guilty verdict, they need all 12 to be unanimous.

 

[JBean]

[ame="http://www.websleuths.com/forums/showpost.php?p=2821541&postcount=76"]Websleuths Crime Sleuthing Community - View Single Post - REVISIT Does LE have enough evidence to Convict Casey on 1st Degree Murder?[/ame]

 

[ExpectingUnicorns]

Websleuths Crime Sleuthing Community - View Single Post - REVISIT Does LE have enough evidence to Convict Casey on 1st Degree Murder?

Thanks JBean and MiraclesHappen ~ I will put that in my pocket and sleep well tonight!

 

[Dignity4Victims]

Websleuths Crime Sleuthing Community - View Single Post - REVISIT Does LE have enough evidence to Convict Casey on 1st Degree Murder?

This Supreme Court ruling is true for the premeditation factor only, but they still need an all 12 unanimous verdict for guilty or not guilty for the crime of murder itself.

 

[debs]

Why do I get this image of a certain attorney scratching his head with a puzzled look on his face, cartoon balloon hovering over top of him, saying "what is this thing you say, .....strategy?"

I always assumed he was a spaghetti/wall kinda fella.

 

[LiveLaughLuv]

The DNA issue emerged from a motion filed earlier in the day. Defense attorneys Jose Baez and Cheney Mason say they want DNA testing done on the canvas bag found at the recovery site and "shorts the State of Florida believes was worn by Caylee Marie Anthony," according to the motion filed today.

The defense also asks that the items be tested by its DNA expert Richard Eikelenboom of the Dutch-based Independent Forensic Services

"Mr. Eikelenboom is world renowned and highly regarded as a pioneer in the field of touch DNA, an area that could prove useful to the defense," the motion states. "Many laboratories in the United States have not mastered this technique, thereby placing a severe restriction on its [the defense team's] ability to find an expert with this expertise."

Assistant State Attorney Jeff Ashton has asked that such evidence be tested in the United States and that the lab used be certified by the American Society of Crime Laboratory Directors. Today, Ashton said the "laundry bag" was tested already and "found to have no DNA." He wasn't sure if the shorts were tested.

Baez said, "The whole bag was not tested for DNA."

As for both the bag and shorts, Ashton said he was concerned about the items leaving the country where the prosecution would have no power to compel witnesses to testify. He also wants to limit any damage to the important pieces of evidence by transporting them great distances.

Ashton said he would not object to the items being tested at National Medical Services of Willow Grove, Pa. That facility is acceptable to the defense team, according to its motion.

In that motion the defense argues "not all DNA laboratories are crime labs. A vast majority of them are not."

All 15 certified labs in Florida, for instance, "are directly affiliated with governmental law enforcement," the defense argues.

"In order to conduct truly independent forensic testing many lawyers have relied on experts from areas of academia or former law enforcement to test evidence and draw away from the inherently biased approach of law enforcement only testing," the motion states.
http://articles.orlandosentinel.com...dna-tests-casey-anthony-case-dna-laboratories

Baez and his "junk science" statement...

Wouldn't "touch DNA" fall under that same category?

How much evidence does Baez think the laundry bag or Caylee's shorts would hold after lying in swamp water for 6 months?

In testing Caylee's shorts, is he trying to implicate a molestation took place or that some SO is responsible for Caylee's demise? Where is he going with this??? How can he connect a SO to the imaginanny, Zani??? I believe ICA had locked herself in to the nanny theory? How can he connect a nonexistant nanny to a nonexistant SO?

Seems Baez is also alluding to US labs are the government and that the labs would somehow sway to the prosecutions case? That they would be biased in doing the testing, basically doesn't trust labs in our own country. Names are not given to the labs only numbers assigned to the evidence, am I correct in thinking this way? Isn't this insolence on Baez' part to bad mouth the labs in our country?

"Touch DNA" is somewhat a new method of testing, wouldn't this be argued at a Frey Hearing??? Didn't Baez claim that DNA testing, the Tennessee labs testing were "junk science"? What would "touch DNA" be then???

Unethical, Baez has not learned one thing since being held back for 8 long years in getting his law license...seems unethical = Baez and company...JMHO

I continually see him bumbling for a defense, he has none at this point and is all over the place trying to come up with some feasible attempt to make sense and allegedly prove his client's innocence...he's going to loose big time if he doesn't get it together by May 2011...I do hope he's given ICA both sides of the fence for there's a greater possibility she will be convicted of the crime she sits accused of and not walking out a "free" woman...JMHO

Justice for Caylee

 

[PMLsmom]

Okay - I got it now...The defense angle, what the team is going for...They are going to check for the "touch" DNA (with the dutch folks) - Looking for Kronk's and then say he kidnapped/molested/killed her.

Did he "touch" the laundry bag?????

Hate to quote myself, but posted this on another thread, which also had Bill S. analysis of JB just wanting to test the shorts and laundry bag...JMO

 

[ynotdivein]

Hate to quote myself, but posted this on another thread, which also had Bill S. analysis of JB just wanting to test the shorts and laundry bag...JMO

PMLsmom, glad you cross-posted. Which SOD's DNA would most likely be on the laundry bag that came from the Anthony home, and Caylee's shorts that were also at the Anthony home? GA. Defense probably figures finding Kronk's DNA would just be a bonus, but if there is any DNA remaining on those items, it's most likely to be Caylee's, KC's, George's, or Cindy's.

Anyone remember off the top of their head how far from the central remains site (bags and skull) the shorts were found?

If (big IF) there is remaining DNA that would show up in "touch DNA" testing, and IF the shorts were still in or mixed with the bags, I'd imagine one might find Kronk's DNA on both items if he bent down to touch it when he found it. If the shorts were farther away then maybe Kronk on the laundry bag but not the shorts. If the shorts were intermixed with the bags, maybe Kronk's DNA on both, IF he touched the mass of items.

However, and again IF anyone's DNA is found on both shorts AND laundry bag, IMO it would most likely be George's, as he lived in the house with Caylee and would have interacted with the laundry bag in the garage while it was being used to store the plastic balls, etc.

BUT--why aren't they requesting "touch DNA" analysis on the duct tape???

And why aren't they requesting "touch DNA" analysis on the garbage bags?

I see London, I see France, I see the defense's desperate plans....

 

[justthinkin]

So what's up with Mason saying that Dr. G's finding of homicide of unknown causes means nothing? Don't tell me the defense is now suggesting that Caylee died of natural causes? :crazy:
That's sure as heck what it sounds like to me.
Insane in the membrane
Insane in the brain

This defense is like a dog chasing its own tail.

edited to add: Oh wait, I forgot that would also include accidental death. It's still a crazy assumption or angle IMO. I'd also call it a day late, dollar short.

 

[LiveLaughLuv]

State challenges Casey Anthony defense budget


The Associated Press
ORLANDO, Fla. -- The state agency funding Casey Anthony's criminal defense has challenged recent cost requests.

Her attorneys, Jose Baez and Ann E. Finnell, have filed a motion to set a budget for the penalty phase of the case. The Justice Administrative Commission recently filed a 9-page response, challenging items like travel and lodging costs for Finnell. The JAC also challenged various rates and questioned the need for a private investigator or psychiatrist.



Read more: http://www.miamiherald.com/2010/10/18/1879445/state-challenges-casey-anthony.html#ixzz12nnzZkTQ

 

[sleutherontheside]

Giving thoughtful consideration to the "defense strategy" I looked at the dynamics of the Nilton Diaz case. Looking at it through eyes focused on the KC case, seeing his "strategy" brings up a unique dichotomy between what he has said in the past, and what he is arguing now.

Here are a few links and snips from coverage in the Nilton Diaz case. Note my highlights in red and comments in green.

http://articles.orlandosentinel.com/2008-04-29/news/ldiaz29_1_diaz-tavares-child

The defense used Diaz's testimony and other witnesses accounts to cast more suspicion on Silva, portraying her as a bad mother who was cold and emotionless in the face of the child's tragedy. So in this case, the mother of the victim was being demonized for her lack of emotions...yet in KC's case JB wanted to argue Ugly Coping???????

http://articles.orlandosentinel.com/2008-08-22/news/manslaughter22_1_diaz-puerto-rico-lake-county

Baez called the sheriff's probe of the child's death "a one-night, one-sided investigation," suggesting the more likely suspect was the mother, whom he criticized as "cold" for not attending the hearing in person. He said she "couldn't even bring herself to cry" during her telephone testimony. Again he uses a lack of the mothers emotion as reason to cast suspicion on her instead of the defendant. This is a complete 180 from his argument in the KC case.

http://articles.orlandosentinel.com/2008-04-23/news/ldiaz23_1_silva-baez-diaz
"I'm not going to defend Nilton Diaz," defense lawyer Jose A. Baez promised jurors during opening statements in Diaz's trial. "I'm going to prosecute Samaris Bobe Silva." So his strategy in the Diaz case was not to defens his client but instead to PROSECUTE the victims mother. THis sounds like the Roy Kronk treatment to me.

http://articles.orlandosentinel.com/2008-04-23/news/ldiaz23_1_silva-baez-diaz
But defense lawyers Baez and Jonathan Kasen said they intend to attack the state's case by assailing detective Dan Conlee for zeroing in too quickly on Diaz, by criticizing the work of a medical examiner and by accusing the young mother. So in the KC case that would translate into Yuri Melich, Dr. G., and SODDI (selected from a pool of names the defense seems to be compiling).

Baez told jurors that Silva was a liar and child abuser who calmly fell asleep en route to a sheriff's interview while doctors in Orlando were desperately trying to save her daughter's life.
He said the boxer Vazquez, 47, a sports hero in his native Puerto Rico, and his son, Noe, the toddler's biological father, are expected to testify that Silva fled the island, fearful she would lose custody
So in the Diaz case, the defense would again cast suspicion on the mother and use testimony that she fled Puerto Rico becasue she was afraid she would lose custody. In this case, it has been said that KC fled becasue Cindy threatened to take Caylee.


http://articles.orlandosentinel.com/2008-04-30/news/ldiaz30_1_child-abuse-lying-child-aggravated-child
Baez challenged the basis of Wolf's opinion, criticizing her for accepting "facts" provided by the child's mother, whom the defense has sought to portray during the trial as a lying child abuser. The defense contends Silva, 23, might have caused the fatal injury.
Baez also questioned Wolf's credentials, suggesting they were somehow tainted because she has both professional and personal relationships with Dr. Michael Baden, a forensic pathologist whose fame stems, in part, from the HBO series Autopsy. This is of particular interest to me because Dr. G. has her own show and I fully expect JB to rip her on that aspect. But his argument about tainted testimony based on professional associations is really key here. Given the number of "talking heads" an "experts" JB has added to the circus, it would be interesting to see how he would work that angle.Wolf testified that the child's injury was so severe, she most likely would have been "immediately unconscious."
That belief is the linchpin of the state's case.
Diaz was alone with the child about 7:30 p.m. on Feb. 11, 2006. He has said he was shaving when he noticed the toddler prone on the bedroom floor, twitching.
The child had been watching cartoons in the bedroom when her mother left briefly to run an errand at a nearby grocery.
The mother was gone for less than 10 minutes and returned to find her daughter in the care of paramedics at a neighbor's house on Wilkinson Drive in the Four Corners area of Lake County. Diaz had carried her there looking for help. I leave room for the accident theory to enter at some point during mitigation...if it gets that far.
Baez lost a bid Tuesday to prevent jurors from weighing lesser charges if they decide Diaz is not guilty of first-degree murder.



These articles are really interesting to read.

 

[Horace Finklestein]

Giving thoughtful consideration to the "defense strategy" I looked at the dynamics of the Nilton Diaz case. Looking at it through eyes focused on the KC case, seeing his "strategy" brings up a unique dichotomy between what he has said in the past, and what he is arguing now.

Here are a few links and snips from coverage in the Nilton Diaz case. Note my highlights in red and comments in green.

http://articles.orlandosentinel.com/2008-04-29/news/ldiaz29_1_diaz-tavares-child

The defense used Diaz's testimony and other witnesses accounts to cast more suspicion on Silva, portraying her as a bad mother who was cold and emotionless in the face of the child's tragedy. So in this case, the mother of the victim was being demonized for her lack of emotions...yet in KC's case JB wanted to argue Ugly Coping???????

http://articles.orlandosentinel.com/2008-08-22/news/manslaughter22_1_diaz-puerto-rico-lake-county

Baez called the sheriff's probe of the child's death "a one-night, one-sided investigation," suggesting the more likely suspect was the mother, whom he criticized as "cold" for not attending the hearing in person. He said she "couldn't even bring herself to cry" during her telephone testimony. Again he uses a lack of the mothers emotion as reason to cast suspicion on her instead of the defendant. This is a complete 180 from his argument in the KC case.

http://articles.orlandosentinel.com/2008-04-23/news/ldiaz23_1_silva-baez-diaz
"I'm not going to defend Nilton Diaz," defense lawyer Jose A. Baez promised jurors during opening statements in Diaz's trial. "I'm going to prosecute Samaris Bobe Silva." So his strategy in the Diaz case was not to defens his client but instead to PROSECUTE the victims mother. THis sounds like the Roy Kronk treatment to me.

http://articles.orlandosentinel.com/2008-04-23/news/ldiaz23_1_silva-baez-diaz
But defense lawyers Baez and Jonathan Kasen said they intend to attack the state's case by assailing detective Dan Conlee for zeroing in too quickly on Diaz, by criticizing the work of a medical examiner and by accusing the young mother. So in the KC case that would translate into Yuri Melich, Dr. G., and SODDI (selected from a pool of names the defense seems to be compiling).

Baez told jurors that Silva was a liar and child abuser who calmly fell asleep en route to a sheriff's interview while doctors in Orlando were desperately trying to save her daughter's life.
He said the boxer Vazquez, 47, a sports hero in his native Puerto Rico, and his son, Noe, the toddler's biological father, are expected to testify that Silva fled the island, fearful she would lose custody
So in the Diaz case, the defense would again cast suspicion on the mother and use testimony that she fled Puerto Rico becasue she was afraid she would lose custody. In this case, it has been said that KC fled becasue Cindy threatened to take Caylee.


http://articles.orlandosentinel.com/2008-04-30/news/ldiaz30_1_child-abuse-lying-child-aggravated-child
Baez challenged the basis of Wolf's opinion, criticizing her for accepting "facts" provided by the child's mother, whom the defense has sought to portray during the trial as a lying child abuser. The defense contends Silva, 23, might have caused the fatal injury.
Baez also questioned Wolf's credentials, suggesting they were somehow tainted because she has both professional and personal relationships with Dr. Michael Baden, a forensic pathologist whose fame stems, in part, from the HBO series Autopsy. This is of particular interest to me because Dr. G. has her own show and I fully expect JB to rip her on that aspect. But his argument about tainted testimony based on professional associations is really key here. Given the number of "talking heads" an "experts" JB has added to the circus, it would be interesting to see how he would work that angle.Wolf testified that the child's injury was so severe, she most likely would have been "immediately unconscious."
That belief is the linchpin of the state's case.
Diaz was alone with the child about 7:30 p.m. on Feb. 11, 2006. He has said he was shaving when he noticed the toddler prone on the bedroom floor, twitching.
The child had been watching cartoons in the bedroom when her mother left briefly to run an errand at a nearby grocery.
The mother was gone for less than 10 minutes and returned to find her daughter in the care of paramedics at a neighbor's house on Wilkinson Drive in the Four Corners area of Lake County. Diaz had carried her there looking for help. I leave room for the accident theory to enter at some point during mitigation...if it gets that far.
Baez lost a bid Tuesday to prevent jurors from weighing lesser charges if they decide Diaz is not guilty of first-degree murder.



These articles are really interesting to read.

Wow. Good find. Doesn't sound like the mom Baez was "prosecuting" (?) in this case did anything 1/100th as bad as Casey...

 

[MissJames]

Giving thoughtful consideration to the "defense strategy" I looked at the dynamics of the Nilton Diaz case. Looking at it through eyes focused on the KC case, seeing his "strategy" brings up a unique dichotomy between what he has said in the past, and what he is arguing now.

Here are a few links and snips from coverage in the Nilton Diaz case. Note my highlights in red and comments in green.

http://articles.orlandosentinel.com/2008-04-29/news/ldiaz29_1_diaz-tavares-child

The defense used Diaz's testimony and other witnesses accounts to cast more suspicion on Silva, portraying her as a bad mother who was cold and emotionless in the face of the child's tragedy. So in this case, the mother of the victim was being demonized for her lack of emotions...yet in KC's case JB wanted to argue Ugly Coping???????

http://articles.orlandosentinel.com/2008-08-22/news/manslaughter22_1_diaz-puerto-rico-lake-county

Baez called the sheriff's probe of the child's death "a one-night, one-sided investigation," suggesting the more likely suspect was the mother, whom he criticized as "cold" for not attending the hearing in person. He said she "couldn't even bring herself to cry" during her telephone testimony. Again he uses a lack of the mothers emotion as reason to cast suspicion on her instead of the defendant. This is a complete 180 from his argument in the KC case.

http://articles.orlandosentinel.com/2008-04-23/news/ldiaz23_1_silva-baez-diaz
"I'm not going to defend Nilton Diaz," defense lawyer Jose A. Baez promised jurors during opening statements in Diaz's trial. "I'm going to prosecute Samaris Bobe Silva." So his strategy in the Diaz case was not to defens his client but instead to PROSECUTE the victims mother. THis sounds like the Roy Kronk treatment to me.

http://articles.orlandosentinel.com/2008-04-23/news/ldiaz23_1_silva-baez-diaz
But defense lawyers Baez and Jonathan Kasen said they intend to attack the state's case by assailing detective Dan Conlee for zeroing in too quickly on Diaz, by criticizing the work of a medical examiner and by accusing the young mother. So in the KC case that would translate into Yuri Melich, Dr. G., and SODDI (selected from a pool of names the defense seems to be compiling).

Baez told jurors that Silva was a liar and child abuser who calmly fell asleep en route to a sheriff's interview while doctors in Orlando were desperately trying to save her daughter's life.
He said the boxer Vazquez, 47, a sports hero in his native Puerto Rico, and his son, Noe, the toddler's biological father, are expected to testify that Silva fled the island, fearful she would lose custody
So in the Diaz case, the defense would again cast suspicion on the mother and use testimony that she fled Puerto Rico becasue she was afraid she would lose custody. In this case, it has been said that KC fled becasue Cindy threatened to take Caylee.


http://articles.orlandosentinel.com/2008-04-30/news/ldiaz30_1_child-abuse-lying-child-aggravated-child
Baez challenged the basis of Wolf's opinion, criticizing her for accepting "facts" provided by the child's mother, whom the defense has sought to portray during the trial as a lying child abuser. The defense contends Silva, 23, might have caused the fatal injury.
Baez also questioned Wolf's credentials, suggesting they were somehow tainted because she has both professional and personal relationships with Dr. Michael Baden, a forensic pathologist whose fame stems, in part, from the HBO series Autopsy. This is of particular interest to me because Dr. G. has her own show and I fully expect JB to rip her on that aspect. But his argument about tainted testimony based on professional associations is really key here. Given the number of "talking heads" an "experts" JB has added to the circus, it would be interesting to see how he would work that angle.Wolf testified that the child's injury was so severe, she most likely would have been "immediately unconscious."
That belief is the linchpin of the state's case.
Diaz was alone with the child about 7:30 p.m. on Feb. 11, 2006. He has said he was shaving when he noticed the toddler prone on the bedroom floor, twitching.
The child had been watching cartoons in the bedroom when her mother left briefly to run an errand at a nearby grocery.
The mother was gone for less than 10 minutes and returned to find her daughter in the care of paramedics at a neighbor's house on Wilkinson Drive in the Four Corners area of Lake County. Diaz had carried her there looking for help. I leave room for the accident theory to enter at some point during mitigation...if it gets that far.
Baez lost a bid Tuesday to prevent jurors from weighing lesser charges if they decide Diaz is not guilty of first-degree murder.



These articles are really interesting to read.

An early Christmas present ,all done up in red and green ! It's brilliant! Thanks!

 

[sleutherontheside]

http://forums.doghouseboxing.com/lofiversion/index.php/t125091.html

Regarding the Nilton Diaz case....
On cross-examination, defense lawyer Jonathan Kasen challenged the grandmother's testimony, questioning how a 25-month-old girl could talk on the phone for more than 2 1/2 minutes.

The young girl could hold a conversation for that long even after awakening from a nap?" he said.

So would that theory not contradict the assertion that KC talked to Caylee the day she was arrested????? Remember that Kasen was part of KC's team early on. ooops