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

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Entries in August (1)

Monday
22Dec2008

CASEY ANTHONY CASE: METER READER BRINGS UNANTICIPATED PROBLEMS TO PROSECUTION

(Red Huber, Orlando Sentinel / December 20, 2008)

Last week, a meter reader, Roy Kronk, was working near the Anthony home when he discovered Caylee Anthony's remains in a bag just 1/4 mile from the family's residence. This man's discovery brings a whole different set of problems to the prosecution that could never have been anticipated in any prosecutor's wildest dreams. Article here.

1. Was Roy Kronk Involved?: Up until this point, Casey Anthony has been the only name suspect in her daughter's death; however, Mr. Kronk's discovery of the remains raises a few eyebrows.  Kronk is not considered a suspect in Caylee's murder; according to authorities, he was simply a "concerned citizen" who called the authorities THREE times in August to come to the SAME location where the bag was found in December. He reported seeing a "suspicious" bag. But what makes something suspicious? Suspicion is a state-of-mind. Why did he determine this bag suspicious instead of just litter in an undeveloped area? And human nature has it that curiosity would have drawn him to the bag to inspect its contents. Did he really not ever inspect the bag the 3 other times he saw it? How is it that he did not direct the authorities to the bag back in August? And was he in the area at all between August and December? There is a lot about the August "sightings" that is totally bizarre.

Casey's defense team is going to go crazy with this information. Again, Kronk is not a suspect but the defense can plant the seed into the jury's mind (upon strong objection from the state) that Kronk's discovery and his constant calling of the authorities is enough to question whether Casey acted alone (or at all) in her daughter's murder. Studies show that often times a perpetrator will be drawn to a crime scene and just cannot stay away. Remember when Scott Peterson was seen at the dock after his wife Laci's disappearance?

2. Authorities' failure to locate crime scene. From a defense perspective, Casey's defense has been handed a prosecutorial gift by the authorities' failure to locate the bag in August. The prosecution must create a crime scene for trial. The fact that Caylee's body could have been located in August (when Kronk originally made the call), but for the authorities' failure to properly follow-up on all leads, causes huge problems. If the body were discovered in August, much more evidence surely could have obtained; thus a better crime scene could have been created. Flesh might have still been present and forensic evidence could have given much more information to cause-of-death and any other evidence. Instead, 4 months passed before the body was located, and only skeletal remains were discovered, no flesh remained.

Forget what kind of evidence could have been retained in August. The authorities' general failure to investigate this bag in August calls into question their entire procedure and competency to properly investigate the case as a whole. The defense will use the meter reader's August calls to show the jury that the authorities totally failed to investigate the case!

The other significance of the bag sightings in August is that Casey was released on bond on August 20. Article here. Did she direct someone to place that bag in that location after she was released? Was the bag there the entire time? The timing of her release and the first sighting of the bag is questionable.

Expect the defense to come up with a catchy phrase similar to OJ's "if the glove doesn't fit, you must acquit." Remember that case? Remember how the defense focused on the LAPD's errors so much so that OJ was found not guilty on a double murder charge?

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