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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Sunday
21Jun2009

I RESPECTFULLY DISAGREE WITH JUDGE'S REASONING - AUTOPSY REPORT OF CAYLEE ANTHONY COULD HAVE BEEN SEALED!

Caylee AnthonyThe autopsy report of Caylee Anthony was released to the public on Friday, against George & Cindy Anthony's wishes. They had asked their daughter's judge, The Honorable Stan Strickland, to seal the autopsy report from public record because it would cause them great anguish. Article here.

I suspect there may be some tension between Casey's attorneys and Casey's parents. I've never heard of the parents coming in, upon motion, and asking the judge to do something. Why didn't the attorneys make the argument on behalf of the parents? Granted, I understand that the emotion can be best understood by the parents speaking directly to the Court, but still...George's testimony seemed so bizarre.

THE ISSUE ISN'T GEORGE & CINDY'S FEELINGS, BUT PROTECTING THE FAIRNESS OF TRIAL

In my opinion, the judge should have sealed the report, not because the parents can't emotionally deal with the results, but because this case has already caused such a media circus. And, Casey Anthony is pretty much despised by the majority. More evidence provided to the public/media PRIOR to trial risks tainting the jury pool and affecting the fairness of the judicial system.

THE JUDGE COULD HAVE SEALED THE RECORDS - HIS HANDS WEREN'T TIED BY THE LAW

The judge apparently struggled with the decision. He said, "Their pain means a great deal to me. I don't like the ruling I'm making, but it's one that I legally have to make." I do not agree with the judge's statement.  The judge has discretion and if he wanted the public report sealed, he could have issued such an order. Although I respectfully disagree with the Judge Strickland, since he is given discretion, I respect his opinion.  He's definitely trying to do the right thing, by virtue of the law, with every pre-trial decision.

The autopsy report is going to come out at trial anyway. As a defense attorney, it seems fundamentally unfair to allow the public access to crucial evidence in a death penalty murder case prior to trial - the additional information allows Casey to be tried in the court of public opinion, piece by piece. The risk to Casey outweighs the public's right to know...even if she is a cold-blooded murderer.

The good thing is, however, the public report does not include photos or xrays. Those will have to wait until trial...

www.tamaraholder.com and www.xpunged.com

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