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

 



« CASEY ANTHONY CASE: A DEFENSE MUST MAKE SENSE | Main | CASEY ANTHONY: IF THE REMAINS ARE OF CAYLEE, WHAT NOW FOR CASEY?!? »
Friday
12Dec2008

CASEY ANTHONY CASE: NO LONGER THE CASE OF TWO REASONABLE DOUBTS

* Disclaimer: As of 9:30 CST, this blog is posted purely on speculation that the remains found are those of Caylee Anthony.  This has not been confirmed by authorities working on the case.

Investigators obtained a search warrant overnight of the Anthony home in an effort to obtain more evidence against Casey Anthony, if the remains found are in fact of her daughter, Caylee.

Caylee went missing in June or July and since then, 2 other search warrants were executed.  So what could possibly be in the house that investigators didn't previously seize?

New Evidence

1) Duct Tape & Bag: The skull was found with duct tape wrapped around it.  Investigators will search the house for duct tape.  Possibly, the same roll was used and then put back in its place.  Forensics analysts can microscopically compare the tape on the skull to tape found in the home and determine if they are the same. The bag found at the scene can also be compared to trash bags found in the Anthony home.

2) Clothing: If clothing was found, investigators will obtain other items of clothing in the home to compare size.   DNA analysis will be conducted on the clothes in the home to those, if any, found at the scene. Evidence is carried out from the Anthonys' home early this morning. (Red Huber, Orlando Sentinel)

Crime Scene was Needed for Prosecutor's Case: The TWO REASONABLE DOUBTS

Prior to the discovery of Caylee's remains, Casey's defense was resting on two reasonable doubts: 1)  Reasonable doubt that Caylee is dead since there is no body, and 2) Reasonable doubt that Casey, Caylee's mother, committed the crime. 

Much of my previous defense of Casey was premised on the fact that there was no crime scene.  Without a body, the jury's mind can easily wander into "What if She's Alive?" land.  Now that Caylee has been found and a crime scene has been identified, there is NO reasonable doubt whatsoever that Caylee is alive, was possibly kidnapped, sold, etc.  

Prior to yesterday's finding of the remains, Casey's attorney, Jose Baez, was hanging his hat on the belief that Caylee was still alive. He appeared on national TV stating this theory and filed motions for the police to disclose alleged sightings of Caylee. Casey's parents even appeared on Larry King earlier this week and spoke of their belief that she was still alive.  These "moves" were smart on Baez's part; he was talking to the jury pool early on, planting a seed that Caylee was still alive. (Unlike another defense attorney, who shall remain nameless, who has gone on a national media campaign, telling the world that the investigation of his client, a suspected wife-killer, is purely for the prosecutor's political agenda. This attorney has become just as despised as his client!)

But, that theory is out the window for good.  There is no reasonable doubt that Caylee is alive.  

The only reasonable doubt left is whether was Casey committed the murder of her then 2-year old daughter, Caylee.   Maybe Jose won't have to reach that point of determination; maybe he will now advise Casey to confess and take a plea if she ever wants to see the light of day again.  

 

12-9-08: Jose on The Today Show, stating his belief that Caylee is still alive.

www.xpunged.com and www.tamaraholder.com

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