Tamara Holder Talk: Tamara Holder, Esquire
General Information

Tamara N. Holder is an Illinois defense attorney and TV/radio legal analyst. She has no shortage of opinions, many of which she shares with you here.

Criminal Defense * Criminal Record Clearing * Governor's Pardons * Discrimination * Police Brutality * Public Policy

www.xpunged.com

 



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Thursday
11Dec2008

CASEY ANTHONY: IF THE REMAINS ARE OF CAYLEE, WHAT NOW FOR CASEY?!?

CAYLEE’S REMAINS ALLEGEDLY FOUND – IF SO, WHAT DOES THIS MEAN FOR MOTHER, CASEY ANTHONY?

 

December 11, 2008: A utility worker was working near the home of Caylee Anthony when he discovered a bag.  Upon picking up the bag, bones fell out, including a small skull.  It is speculated that the bones belong to 3-year old Caylee Anthony.  Her mother, Casey, is in jail awaiting trial for her murder. Scene where bones found - allegedly those of Caylee Anthony

I have never entirely defended Casey Anthony; however, from a defense perspective, I have believed there are several problems with the State’s case.  1) There was no body.  Up until now (and until the bones are confirmed to be Caylee's), Caylee was only missing. Without a body, there is always speculation that she may still be alive; hence, the alleged sightings.  2) Casey is a compulsive liar.  Just  because she has lied about her daughter, that doesn’t make her a killer.  Her whole life has been a lie: she’s lied about Caylee’s father’s identity, her employment, etc.  As a defense attorney, I would focus on her pattern of lies BEFORE Caylee went missing, in an effort to make the jury question “what more” does the prosecution have on Casey?  3) Casey never gave a confession.  A confession is usually always a clincher (unless suppressed prior to trial) and since she never confessed, the State lacked the home run. 

 

LOCATION OF BODY POINTS TO CASEY AS MURDERER

A killer often disposes of a body in a familiar area.  Since the body was found within ½ mile of Casey’s home, the killer knew the area well enough to feel comfortable disposing of it here.  It’s highly unlikely that if the killer were not Casey, the body would have been disposed-of so close to the residence. It just does not make sense that the perpetrator would be anyone other than someone familiar with the area. (There's always the possibility that a neighbor was a sex-offender, kidnapped Caylee and disposed of her in the area.  But then why wouldn't Casey have reported her missing if that were the case?)

HOW CASEY’S DEFENSE PROCEEDS

If the remains are of Caylee, then Jose Baez must come up with a new strategy.  His focus on wanting records of Caylee sightings and his desire to create reasonable doubt that Caylee is dead based on these sightings is now totally out the window. 

If I were Casey's defense attorney, I would advise my client to take a plea, unless she is going to use the insanity defense.  If she does not take a plea, she will probably be sentenced to life in prison.  At least with a plea, she can possibly get out of prison one of these days.  Also, if Casey does not take a plea, the State may re-file a motion to seek the death penalty.  A good attorney not only can try a case well but can also look at a case and advise his client to take a plea over getting launched. A good attorney knows how to pick battles and knows what battles he can win and those he cannot win.

www.xpunged.com and www.tamaraholder.com

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