What Kind Of Defense for Casey in a trial?

[TxLady2]

I have been thinking about how I would defend Casey if I were her attorney. She is a habitual liar, with no moral code, which would make her hard to present to a jury. I would just need to establish reasonable doubt..........

I believe I could do it with my but...... GEORGE DEFENSE........

I would portray Casey as a young woman who had been sexually abused by her father since age 2 or 3. I would show her sociopath ways even as a kid to show how it had affected her mentally. Bring in every person she ever went to school with to tell about her lies and crazy ways. I would bring out all of her promiscuity, drugs, alcohol, etc. to show the pattern of a sexually abused young woman. I would get shrink after shrink to testify how that is the exact patterns they see in their practice when sexual abuse started young by a parent.

Then I would try to make the jury think the reason George filed for divorce in 05 was to get away from the house because he knew he would most likely do the same to Caylee. When that didn't work out, George fought the urge as long as he could but he eventually succumbed to his perversion.

Caylee could talk now and was going to tell Cindy. He killed her as he knew he would go to jail for the rest of his life, and with his LE background he could likely hide her where no one would ever find her.

The day it happened he put her in the back yard, because Cindy would be home soon. Casey was gone, because she had not come back for Tony's the night before. Cindy said she did not see Casey that morning before she left, but she heard them in the room. Then we get to the big lie George told about seeing them both that morning down to the details of what they had on.

Then, I would remind the jury of George saying he had a key to Casey's car. All he would have to do would be load her in Casey's car in what he thought was a sealed bag and dispose of the body. He could have told Casey when she came in that day to go borrow that shovel that he was going to move a bush and she most likely would have. She could have thought Caylee was with Cindy. While Casey was taking a nap or taking a shower, George could have taken the body and buried it somewhere close without Casey ever knowing her car had been moved or just put it in the trunk of the car.

Why Casey left her car that night was because she opened the trunk and found the body...She freaked out...she left her purse, lost her blackjack etc. all in a fit of panic. She calls her dad, and he tells her to keep her mouth shut or he would say she did it and everyone would believe him since he was LE.

Casey ran to Tony's and other places to stay hidden, because she knew if she saw her mother, all hell would break loose. She had a psychotic break of sorts.

In the meantime her father had a chance to get to her and tell her the way it was going to be told. She didn't want her mother to find out she had been having sex with her father all those years, and was terrified he would blame it on her because it was a violent death.

She planned to get to California to the Marine, but she had to come up with some money first.

That is as far as I have in my George defense.........but that would work.

I think you would have to have some proof that this occurred before you throw out something like that. There is NOTHING that indicates there was any kind of sexual abuse or incest in the family except a bunch of wild theories by people with overactive imaginations. Sorry... JMO.

 

[leandjl]

How would KC not testifying affect the jury? If I were on the jury, I might be inclined to hold it against the defense, wondering what they might be hiding.

Then you wouldn't be picked to be on the jury. During Voir Dier both attorneys will ask prospective jurors just that question - Would you require the Defendant take the stand in their own defense? If you answer yes, you will be struck.

 

[lisalei321]

Then you wouldn't be picked to be on the jury. During Voir Dier both attorneys will ask prospective jurors just that question - Would you require the Defendant take the stand in their own defense? If you answer yes, you will be struck.

totally o/t, Thanks for teaching me how to get out of Jury duty!

 

[HopeAgainstHope]

Wow Turbo that's quite a long defense!

I personally think Defense is going to stress reasonable doubt, reasonable doubt, reasonable doubt.

They are also going to harp on the lack of motive. BIG TIME. They are going to ask over and over "why would she kill her child when the child's grandparents would have taken care of her?"

And thirdly, they are going to make this a highly emotional defense. They'll show all those cute pictures of Caylee and Casey together. Videos. Casey will do some acting when they show the pictures-crying, the whole 9 yards...barf. They'll say "a vulnerable pretty young mother...doing the best she could"...oh yes we're in for a lot of emotional spin doctoring.

The prosecution, on the other hand, will have cold hard facts and solid gold forensic evidence from the FBI lab (Baez is going to have a hard time discrediting the FBI in front of a jury, and it will probably make him look like a slimeball to question the lab results too much. He'll stress that even with the evidence, they're no proof CASEY did it)

 

[treeseeker]

Wow Turbo that's quite a long defense!

I personally think Defense is going to stress reasonable doubt, reasonable doubt, reasonable doubt.

They are also going to harp on the lack of motive. BIG TIME. They are going to ask over and over "why would she kill her child when the child's grandparents would have taken care of her?"

And thirdly, they are going to make this a highly emotional defense. They'll show all those cute pictures of Caylee and Casey together. Videos. Casey will do some acting when they show the pictures-crying, the whole 9 yards...barf. They'll say "a vulnerable pretty young mother...doing the best she could"...oh yes we're in for a lot of emotional spin doctoring.

The prosecution, on the other hand, will have cold hard facts and solid gold forensic evidence from the FBI lab (Baez is going to have a hard time discrediting the FBI in front of a jury, and it will probably make him look like a slimeball to question the lab results too much. He'll stress that even with the evidence, they're no proof CASEY did it)

IMO Casey's "hugh waste, all you care about is Caylee" comment reveals motive - jealousy, selfishness, detachment. Add Cindy's early July blog suggesting she put her foot down on Casey's exploitation of her parents, and you can add anger and spite. I don't think this can be argued by the defense.

But, the physical evidence will have to be solid. A body isn't necessary, if the trunk evidence is conclusive.

The only defense I see, is if there really was someone else involved. Don't throw things at me, but I think it's possible someone like Casey would be an easy target for someone else wanting to take Caylee. Casey is a pathological liar, anyone who knew her for any length of time would know that. Casey is smart in some ways, not in others. Caylee wasn't Casey's first priority, she didn't keep her close enough. I think she could have been easily manipulated.

 

[Brini]

But, with nobody paying you, how would you do it?

Isabelle,
Ray'sMom

"Hired gun" shrink. Then, get her to act out on the stand.

Challenge any juror who look smart enough to tie his/her shoes.

 

[gitana1]

The thing is, as an attorney, you cannot present a claim/defense that you know to be untrue. You can point to the possibility that someone else had the opportunity to kill Caylee, but you can't just make up "facts" and present them as evidence. For example, if you have a defendant who you know is guilty, you don't want him to testify. If he demands to do so, you cannot ask any questions that you know will elicit a lie from your client. That's a major ethical violation. In that case, the only thing you can do is ask an open-ended question that will lead to a narrative response by your client and let them blab their "story" out. The thought of creating such malignant false accusations against another person merely to get a client off is abhorrent to me. It makes me sick to my stomach and it could lead to serious disciplinary action by the bar. Yuck.

 

[Brini]

It was allowed without proof in Susan Smith's trial - her stepfather abused her or so she said.

I think that Casey / when she goes to trial / will blame someone for this - IF the body is found. If she can't blame it on a mysterious nanny, she'll pick a family member and say she's been covering for them all along... THAT'S the big reason she's not talking... :sick:

Might could work.

A set of twins were once, I read, let go Scot free. One of the murdered, each accused the other. Since they were identical, the DNA (which was all over the place) was the same.

Maybe if Lee accused KC, and KC accused Lee. ....DNA on or around the body won't be an issue.

 

[Brini]

They'll blame Baez, NOT their daughter, for getting her to come up with an alternate defence for reasonable doubt. Seems like a pattern to make excuses for her behavior.

They'll turn on Baez, eventually, in any case. Family behavior.

 

[panthera]

There is no way that the defense would ever put Casey on the stand. PERIOD. Out of the question.

Insanity won't fly.

They have to stick with a "version" of the kidnapping scenario as it was her first statement. They can deviate somewhat...but it will be her defense. Casey knew she had been "kidnapped", but was too afraid to seek help yada yada yada.

I agree and if and when she goes to trial for Caylee's death, I see the same thing as she's given so far, that ZFG took Caylee and to explain why she didn't call LE, the "script" that has been discussed with LP on Nancy's show. Even if Caylee's body is found, her death will be blamed on someone else and any forensic evidence found in Casey's car will be LE/crime lab errors. MOO

 

[ysun]

KC's defense is going to be that she is crazy, that she was in shock when questioned by the LE. It would not surprise me if she got off. Her lawyer will find a mental Dr. to state that she is crazy or tem. insane due to Caylee "missing". Her lawyer is not that good but I am sure that he has several "star" lawyers helping him out on this case. They have to be fair on the jury members...just like the OJ case for example...OJ got off b/c of his lawyer team and star struck Jury members. It will only take a couple of soft jurors on this case to get her a not guilty verdict.

 

[Jolynna]

KC's defense is going to be that she is crazy, that she was in shock when questioned by the LE. It would not surprise me if she got off. Her lawyer will find a mental Dr. to state that she is crazy or tem. insane due to Caylee "missing". Her lawyer is not that good but I am sure that he has several "star" lawyers helping him out on this case. They have to be fair on the jury members...just like the OJ case for example...OJ got off b/c of his lawyer team and star struck Jury members. It will only take a couple of soft jurors on this case to get her a not guilty verdict.

If Caylee isn't found, some kind of "shock/grief due to horrific accident" defense might work. Casey would still serve time. But, not what she probably deserves.

I don't think a kidnapping story would work.

BUT, if Casey can manage to sniffle and hide her smirk behind a hanky, there is a possibility it would.

It only takes one juror that can't accept that a pretty young mother would harm her adorable child to hang a jury.

O.J., Phil Spectar and Robert Blake are examples of how evidence and facts don't always win out.
IMO

 

[Linda7NJ]

I'd go with the..........."lots of people had access to that trunk"

 

[ClockWatcher]

If Baez did use the George Did It as a defense, the only way I see it could work is if George is unable to refute it. As in, George has to pass away or have a stroke and is unable to communicate.
Otherwise, I don't think CinA would go along with this for a minute.

 

[Jolynna]

I'd go with the..........."lots of people had access to that trunk"

How would they explain why Casey drove around for so long without looking in the smelly trunk? Casey's talking about the smell before the car was towed means Casey knew about whatever was in the trunk.

So, with that theory, Casey would have to be covering for someone else. Who would believe Casey would cover for anyone else? Casey, herself, said she was a horrible daughter, mother, and sister and should have been put in jail a long time ago.

I think those are some of the most honest words to ever come from her mouth. Cindy did say there was some truth in all of Casey's lies. I think those words are that truth.

I believe Casey DID say it to Lee and when Casey said it she was blaming Cindy for NOT putting her in jail before she did what she did.

IMO

 

[bessie]

After reading the MySpace/Facebook thread, it looks to me like the character defense angle will be tot mom suffered from severe PTSD after enduring years of childhood abuse at the hands of an overbearing and highly critical mother.

 

[krimekat]

she has been charged with Child neglect . . . after she misplaced her daughter for over 30 days . . . and did not tell anyone.

What defense does she have?

 

[Pink Panther]

REASONABLE doubt is getting very, very difficult now.

The defence would really have to do all kinds of crazy stuff...point fingers everywhere. Request a change of venue. Do everything possible to demostrate that the investigations and trial have been/are somehow not being carried out correcly (can we say "appeal"?)...

They could try to throw someone else under the bus. CA, or JG or AL. They could try to cite other cases where someone was seemingly obviously guilty that didn't turn out to be...

But refuting the evidence at hand is getting more and more difficult with everything that is coming out!

Some may still have doubts but the "reasonable" part is fading...

IMO

 

[Jolynna]

she has been charged with Child neglect . . . after she misplaced her daughter for over 30 days . . . and did not tell anyone.

What defense does she have?

Casey has no possible defense to being negligent, IMO.

Any way you look at it, Casey was/is criminally negligent of Caylee's well-being.

I can't imagine a defense or justification.

IMO

 

[Nore]

No judge would allow you to present that defense without proof that George was actually guilty of molesting Casey.

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Hi Chilly, exactly!! It would have to be true and backed up strongly,Casey is a habitual liar so I doubt they would listen to her unless it were iron clad.How would G. react to this? not kindly I believe~ I dont believe it is true, not by G. anyway.(my feelings) IMO