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

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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.

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CASEY ANTHONY: IF THE REMAINS ARE OF CAYLEE, WHAT NOW FOR CASEY?!?

CAYLEE’S REMAINS ALLEGEDLY FOUND – IF SO, WHAT DOES THIS MEAN FOR MOTHER, CASEY ANTHONY?

December 11, 2008: A utility worker was working near the home of Caylee Anthony when he discovered a bag.  Upon picking up the bag, bones fell out, including a small skull.  It is speculated that the bones belong to 3-year old Caylee Anthony.  Her mother, Casey, is in jail awaiting trial for her murder. Scene where bones found - allegedly those of Caylee Anthony

I have never entirely defended Casey Anthony; however, from a defense perspective, I have believed there are several problems with the State’s case.  1) There was no body.  Up until now (and until the bones are confirmed to be Caylee's), Caylee was only missing. Without a body, there is always speculation that she may still be alive; hence, the alleged sightings.  2) Casey is a compulsive liar.  Just  because she has lied about her daughter, that doesn’t make her a killer.  Her whole life has been a lie: she’s lied about Caylee’s father’s identity, her employment, etc.  As a defense attorney, I would focus on her pattern of lies BEFORE Caylee went missing, in an effort to make the jury question “what more” does the prosecution have on Casey?  3) Casey never gave a confession.  A confession is usually always a clincher (unless suppressed prior to trial) and since she never confessed, the State lacked the home run. 

LOCATION OF BODY POINTS TO CASEY AS MURDERER

A killer often disposes of a body in a familiar area.  Since the body was found within ½ mile of Casey’s home, the killer knew the area well enough to feel comfortable disposing of it here.  It’s highly unlikely that if the killer were not Casey, the body would have been disposed-of so close to the residence. It just does not make sense that the perpetrator would be anyone other than someone familiar with the area. (There's always the possibility that a neighbor was a sex-offender, kidnapped Caylee and disposed of her in the area.  But then why wouldn't Casey have reported her missing if that were the case?)

HOW CASEY’S DEFENSE PROCEEDS

If the remains are of Caylee, then Jose Baez must come up with a new strategy.  His focus on wanting records of Caylee sightings and his desire to create reasonable doubt that Caylee is dead based on these sightings is now totally out the window. 

If I were Casey's defense attorney, I would advise my client to take a plea, unless she is going to use the insanity defense.  If she does not take a plea, she will probably be sentenced to life in prison.  At least with a plea, she can possibly get out of prison one of these days.  Also, if Casey does not take a plea, the State may re-file a motion to seek the death penalty.  A good attorney not only can try a case well but can also look at a case and advise his client to take a plea over getting launched. A good attorney knows how to pick battles and knows what battles he can win and those he cannot win.

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