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22
Aug

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22
Aug

the casey anthony defense appears desperate in friday’s hearing

Friday’s hearing in the Casey Anthony case leaves one to ponder about the meaning of truth.

Mark Twain said:  It’s no wonder that truth is stranger than fiction. Fiction has to make sense.”

And so here we are once again – seemingly skirting the truth in the case against Casey Anthony, and I am left wondering about our legal system.   I am left speechless here, wondering why the court allows the defense to grope for any theory that fits their fancy to flout on any given day.  Now, I understand that case hearings, such as the one yesterday, are used to discuss motions and discovery items which may or may not become “evidence” in the case.  However, it is maddening nonetheless that these defense lawyers should be allowed to float theories out there made of whole cloth.  This brings me to infuriating item number one.

My infuriating item number one:  Casey is “innocent”

So says defense attorney Todd Macaluso, Casey Anthony is “innocent” because, he says, and I paraphrase here: substantial evidence has been discovered  that clearly suggests that Caylee had been placed in the area off of Suburban drive AFTER Casey Anthony was locked up.  Therefore, argues Macaluso, Casey is innocent, since they have proof that someone other than Casey placed the body there.  

Oh my.

It is anyone’s guess who this phantom person could be.  Could it be they would like to present the case that Tony Lazarro had a hand in placing the body off of Suburban Drive?  It could be the defense is posturing towards this as a viable alternative.  Will they try to use Tony Lazarro’s phone records and cell phone “pings” to prove he was in the vicinity and therefore could have been involved?   If this is a theory the defense plans to float – good luck to them, we know it’s just another piece of the whole cloth.

My infuriating item number two:  George Anthony barges into press conference and demands audience from NeJame

Although this happened on Thursday, one day before the hearing, it still is worth mentioning here, since it’s all connected.

Attorney Mark Nejame held a press conference with Tim Miller (of Equusearch) to discuss and reveal that as a result of photographs taken of the area where Caylees body was found, and in an attempt to disprove the defense theory that the body was dumped while Casey was sitting in jail, Miller and NeJame revealed that the area was under water during the time Tim Miller and Equusearch tried to find Caylee. 

Of course we know that hurricane Fay landed in Orlando on or around August 18th and proceeded to drench the area.  Tim Miller and his Equusearch volunteers were unable to search the area off of suburban drive as it was literally under water – in a literal lake effect. 

In a letter to the Orlando State attorney’s office, NeJame points out: “One could literally be within inches of an item and be blocked due to the thick and massive underbrush and foliage.”   He further asserts that the multiple photos of the area where Caylee was eventually found, shows a great deal of standing water.  NaJame’s letter also said: “When the search was conducted, the areas where Caylee’s remains were found were still in water, which is why the search in that specific place was called off by Tim Miller.”  Therefore, it was not feasible to search the area where Caylee’s remains were eventually found. 

Here is a link to NeJame’s letter: http://www.wftv.com/pdf/20480499/detail.html

Simply put, what NeJame and Miller are pointing out flies in the face of what the defense is trying to tout, hence it is not a theory that the Anthony’s can stomach

It appears the defense wants to make Tim Miller look incompetent, and this suits George Anthony, too.  George Anthony apparently likes the idea that it could have been a mystery killer that placed the body in the woods well after Equusearch was in the area, and while Casey was jailed. Whole cloth again.

My infuriating item number three:  Leonard Padilla, merely a security guard.

George Anthony took the stand to uphold the supposed idea that Leonard Padilla was somehow an agent of the defense and therefore should not be a witness in the case.  Jose Baez decided to put George Anthony on the stand yesterday to uphold this position.  

George Anthony happily agreed with Baez, asserting that Padilla was indeed hired as “security”.  George Anthony was either not able to recall the truth, or he simply dissembled  to serve his and Baez’s own purpose, which is to keep Padilla off of the witness stand at any cost. 

The fact is this:  Leonard Padilla came into the picture to post Casey Anthony’s $500,000 bond last year.  George Anthony now claims he didn’t know that Padilla came forward with $500, 000 bond to release his daughter from jail?  This is not only infuriating; it flies in the face of truth that anyone could now believe that Padilla and crew came all the way from California to act as security guards for the Anthony’s?  Judge Strickland, please, see through this mess, allow Padilla and crew to serve as witnesses.

My infuriating item number four: The Check Fraud Case:

This is an interesting piece of the story.  Casey Anthony has a right to stand trial on this check fraud case, but at issue is whether this case should precede the murder case.  There are double edged swords for the defense here.   First of all, the defense said that Casey Anthony has made “good” on the monies that were stolen, and that Amy Huizenga has been paid back – they said this in open court yesterday, in essence aren’t they saying that Casey is guilty of these charges?  Then, why not plea and get it over with? 

Here’s the rub, in my opinion with regards to this situation.  If the defense were to plea out this case, then Casey would have a “felony” on her record that the jury in the murder trial could consider.  But, if the defense is able to postpone this case until after the murder trial, then the prosecutors would not be able to bring up these past bad acts of felony for the jury to consider in the murder trial.

Then again, if this check fraud case goes to trial, with all the publicity that is bound to follow, it could harm Casey Anthony’s ability to secure a fair trial in her murder case – all the bad publicity from the felony case, presumably, could harm her.

I hope that Judge Strickland is able to make the right call here.  I have no idea what that call should or will be. 

Regardless, justice needs to be served and Casey Anthony should not be given any special privilege by being able to avoid trial on the check fraud case.

More to come next week as Strickland rules on the issues brought forth on Friday.  Stay tuned.

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