CASEY ANTHONY CASE: A DEFENSE MUST MAKE SENSE

We are still awaiting final confirmation from the medical examiner that the bones found near the Anthony home are that of 2-year old Caylee Anthony. (Remember, since Caylee was just 2-years old, we don't have dental records to compare; thus, testing must be more detailed.) For the sake of argument, let's say the remains found are those of Caylee. Caylee Anthony

CASEY'S DEFENSE MUST MAKE SENSE

Casey Anthony, like every defendant in the United States, is entitled to a defense.  Not all people accused of committing crimes are guilty; however, we hope that those who are guilty are properly prosecuted and convicted. In this case, no matter how guilty you think Casey is of murdering her daughter, I hope you can appreciate her receipt of a proper defense.

Jose Baez, Casey's attorney, has shared some of his defense strategies with the public.  Here is my analysis, as a criminal defense attorney myself, of possible defenses.

Defense #1 - CAYLEE WAS KIDNAPPED & IS STILL ALIVE
Jose Baez must move from the "Caylee-is-still-alive" defense to an entirely new defense. I wrote about this theory last week. Blog here. Up until the remains were found, Mr. Baez was filing motions for information from the police on Caylee "sightings" and speaking  publicly about his belief that Caylee is somewhere out there in the world - alive.  Once we receive the confirmation that she's in fact dead, Mr. Baez will probably withdraw any motions seeking information on Caylee sightings....UNLESS...he continues with his kidnapping theory, he may still want these records...(see next Defense #2.)

Defense #2 - CAYLEE WAS KIDNAPPED & SOMEONE KILLED HER
Jose Baez may not withdraw his motions to compel Caylee "sightings" information in an effort to establish that someone kidnapped her, people reported sightings of Caylee, and then she was subsequently murdered.  I don't think this defense makes sense.  If someone kidnapped Caylee, the liklihood of the person returning to the area to dispose of the body is slim.  Of all places to dispose of a body, it does not make sense that a killer would go to the very place where the risk of getting caught is the highest.  Certainly, it may be argued that the person who took her was from the area; however, the kidnapping theory still doesn't make  much sensee. Why?  Well, the most damning fact is that Casey never reported her daughter missing!  In fact, it was Casey's mother, Cindy Anthony, who reported her granddaughter missing nearly a month after she was last seen.

The average juror will think about that time their cat went missing for one day and they posted flyers all over the neighborhood, knocked on doors and called local animal shelters.  Jose Baez is going to have a hard time convincing that same juror that someone kidnapped Caylee and Casey's failure to report her daughter missing for ONE MONTH is not suspicious. C'mon!  Again, the defense must make sense in order for it to prevail.

Defense #3 - INSANITY DEFENSE
Let me clear something up: I've previously argued on TV that Casey's compulsive lies are nothing new.  Of course, some people felt I was defending Casey; however, that is not the case.  My point is this: Casey's pattern of behavior and compulsive lies existed way before Caylee disappeared. Casey lied about Caylee's father's identity; she lied about having a job; she lied about the babysitter; Casey even stole money from Caylee's piggy bank!  So, from a defense perspective, her lies about Caylee's disappearance (she was kidnapped by babysitter Zanny, etc.) are nothing new.  Besides the lies, what else did the prosecution have?!  Now, of course, they have a body.

One thing that I find lacking in the prosecution's case is MOTIVE.  Of course, the prosecution may argue that 22-year old Casey just wanted to be free, go out and party, and not have the attachment of her daughter. That's definitely enough to prove motive.Casey Anthony - partying at the same time her daugher is "missing"

But, on the other hand, it appears Casey may have a mental defect and was unable to appreciate her conduct - i.e., she was insane at the time she committed the crime.  Casey, in my opinion, seems delusional and like somewhat of a sociopath.  Even while she has been in police custody, she has failed to show any remorse and instead continues to live in her own little world. (Also, it will be interesting to see if when the duct tape was placed on Caylee's mouth can be determined.  If it was placed on her mouth after death, that may show Casey's insanity and inability to believe that her daugher is really dead.)

Casey's pattern of behavior before and after Caylee's death, and also any evidence found on the remains (duct tape, for example) may make up for a solid insanity defense.  Don't be surprised if the Casey Anthony Defense Team pleads her insanity.Casey Anthony in court

www.xpunged.com and www.tamaraholder.com

Comments

[Jan Eppihimer]

First of all, when Casey and Caylee left the house, the last time her parents saw her, why would she take with her a trashbag!? She either purchased same or got it from her boyfriend's house, or someone else in the Anthony house used it. Secondly, Casey is a petite woman, weighing about 100-105 lbs. She could not possibly lift or even drag a dead body 20-25 feet into the wood! The law of physics tells me that she had help!!!

[kris]

Great points! Would you comment on your comment in defense #2 that a kidnapper/murderer would not likely stay within the area of the victim...what about the Elizabeth Smart case?

Also, I keep hearing that bipolar is not allowed as an insanity plea. Any comments?
Thanks

[John]

Jan: Now, think about that for a minute: If a 110lb woman can pick up a sleeping toddler and tuck them into bed, she can lift the body of a dead toddler, and take it into the woods. She didn't need help.

[Ginger]

Casey has already lost in the court of public opinion, but that does not legally prove guilt or innocence in this country. With the information that has been made public so far I don't feel as though the prosecution has a smoking gun, yet. I'm very curious to hear forensic evidence regarding any fingerprints or DNA left on the inside of the duct tape. I read that the duct tape was the same as tape removed from the Anthony household but it did not indicate if they had matched pieces end to end from the roll at the Anthony house. The official autopsy report has not been released as of yet at the request of the Anthony's. Hopefully that report will shed some light on COD, TOD, etc. There was a Gatorade bottle found at the scene with an unknown substance in it as well as a syringe wrapped in toilet paper. The key parts of this investigation have yet to be revealed. I agree, Casey is likely a sociopath. Most often these people present with behavior that the rest of us find inexcusable, "without a conscious" so to speak. I can only hope that they do recover the "smoking gun" in this case so that myself and the rest of this country can sleep at night knowing that the rightful killer, beyond a reasonable doubt, as been brought to justice.