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

CASEY ANTHONY CASE: GRANDPARENTS WANT IMMUNITY

December 31, 2008: Today, George and Cindy Anthony's (Casey's parents) attorney asked prosecutors to give his clients immunity if they were to speak to prosecutors again.  Article here.

George & Cindy Anthony (courtesy of bloggernews.ne

Remember, Cindy and George have both spoken to investigators numerous times in the past.  George even testified before the Grand Jury.  That means what he said to them is on the record and can be used against Casey (or him if he's charged with a crime).  I'm sure many of you saw the taped interviews of Casey's parents from early-on in the investigation.  Also, we know Cindy reported that the trunk of the car smelled like a dead body, then she recanted the statement.  Further, investigators asked Cindy to give them Caylee's brush but instead she gave them a different brush. 

Some suspect prosecutors will charge the parents with "obstruction of justice" for their failure to cooperate with investigators and alleged covering-up for their daughter.

Many question what George and Cindy have to hide - why they will not speak to investigators willingly.  It is not necessarily that they have anything to hide.  In fact, they know they are possibly facing obstruction charges from previous conversations with and actions against the police. 

This tactic is the parents' attorney's way of saying, "If you want more information, we must be sure you aren't going to come after us and charge us too." I know many of you want the parents to go down too...but...

At the end of the day, what do people want?  They want the killer behind bars.  And since Casey is heading to trial for allegedly being the killer of her daughter, the prosecution must put on their best case.  That means forensic evidence and live testimony.  An obstruction of justice conviction is not the same as a murder conviction.  Prosecutors should find whatever they need to bolster their main case.  If that means giving George and Cindy Anthony immunity so that prosecutors can get more info or to get them to testify against their daughter,  that's what should be done. 

LOOK AT THE ULTIMATE GOAL: A MURDER CONVICTION FOR CASEY.  PROSECUTORS NEED TO KEEP THEIR EYE ON THE PRIZE AND DO WHATEVER IT TAKES (WITH ETHICAL PARAMETERS) TO GET THAT CONVICTION.

Here is my interview discussing this issue.

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CASEY ANTHONY CASE: POLICE MUST STOP RELEASING TAPES TO PUBLIC

Today, December 4, 2008, the Orange County Jail released visitation video recordings between Casey Anthony & her parents, George and Cindy, between July 25-Aug 3.  Article & videos here.

The State Attorney's Obvious Attempts to Taint the Jury Pool

The State Attorney's office should be ashamed of itself for continuing to release videos and audio recordings of Casey Anthony while in custody.  They initially released parts of her interrogation, then parts of their questioning of Casey's parents, and now the video of her visitation with her family.

This continued leaking of information to the public is an unprofessional attempt to taint the jury pool that will be hearing Casey's case when she goes to trial on murder charges of her daughter, Caylee.  There is no other explanation for this but the irrelevant public drama that is needed to fuel Nancy Grace's show, among others.

The released videos show a heart-wrenching meeting-behind-glass between 2 parents and their daughter.  I am not asking for sympathy for Casey.  Anyone with compassion will look at these tapes and feel sorrow for the situation as a whole.  It's just sad.

George & Cindy Anthony waiting to visit daughter, Casey, in jail

The possible crocodile tears and the alleged continued lies of Casey are heard on the video. These videos will possibly be used at trial to show Casey's pathological liar nature.  And that's the only place where they should be used.

As a criminal defense attorney, I would seek a gag order in this case, preventing the police from continuing to leak evidence to the public before the case is tried. 

I'm not saying this case shouldn't continue being discussed on Nancy's show, but the content should not include leaked evidence. Let the jury hear it first.  Whether you think she's guilty or not, Casey is entitled to a fair trial. The evidence will speak for itself at that trial and should not be evaluated by the public first.

www.xpunged.com and www.tamaraholder.com