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Mar

agents of the state?

On Monday, March 7th, closing arguments will be heard with regards to two important Defense motions: The motion to suppress Casey Anthony’s statements to Police during a Universal Studios interview, and the motion to suppress the jail video interviews with the Anthony family and Casey.

As I’ve said before, the argument about the Universal Studios interview could go either way in terms of legality. But, the motion calling the Anthony’s agents of the state, is a stretch and may fail.  However, I have read that Judges tend to rule with favor to the defense in cases where the death penalty is involved.  Perhaps the defense will win one and lose one.  Is it possible?  I think so.

In the “agents of the state” motion, the Defense wants jail-video statements by Casey kept out of her trial.  The defense argument?  Casey Anthony already had counsel, therefore it was improper for anyone to elicit details from her about the missing Caylee Anthony.

Ah, but it is not against the law for Casey’s family to speak with her while she is in jail.  She could have declined their visit, certainly, but she didn’t.  Unfortunately for her case, those videos portray her as a callous person without care for anyone but herself.  Her demeanor in those videos was at no one’s urging – Casey was being Casey. Cold, self-centered, inappropriate, and hostile.

The defense badly needs those videos thrown out of the trial.  But, how do they get them thrown out?

They know it is lawful for the jail to video all that goes on at the jail.  The defense can’t fight that.  So, they have to find some grounds to get the videos tossed, and so they came up with the notion that the Police used the Anthony’s to elicit illegal statements from Casey.

The argument is a pretty good one, I have to give them that.  However, it is not, on its face, true.

The Anthony’s, admittedly, were not agents of the state.  They were trying desperately to find answers from Casey about the whereabouts of Caylee.  Law enforcement was equally as interested to learn as much as they could from the videos.  From what I recall, there were times that Yuri Melich was able to watch the videos live, as they happened.

The Defense charges that the family tricked Casey by being in collusion with law enforcement and therefore unwittingly hurt Casey’s right to a fair trial.

The problem with regards to this motion, during the recent hearings, the Anthony family could not state they were willfully acting as “Agents of the State.”  Baez was unable to elicit the testimony he wanted from the Anthony’s.

Why was Baez concerned that the Anthony’s didn’t like him?  So what!  Cindy Anthony was happy to testify how the Detectives didn’t like Jose Baez.  So what!  It’s not a crime to dislike a lawyer, just embarrassing to be the lawyer they don’t like!

George Anthony said, with regards to finding Caylee, he would have done anything legally or illegally to find her.  And now, would do anything to save Casey, his other little girl.  And Lee Anthony a.k.a. Sherlock Holmes, was acting on his own, not on the urging of law enforcement when he talked to Casey.

Although law enforcement had a keen interest in learning anything they could from Casey via those videos, the Anthony’s had the same goal.  Both law enforcement and the Anthony’s were solely focused on finding Caylee.  The State did a good job of making it crystal clear that the Anthony’s and Law Enforcement shared a common goal: Find Caylee.

There but for the Grace of God go I

Like a seesaw, my feelings for the family of Casey Anthony run high and low. Never would I want to be in their shoes, and surely they wish they did not have to wear the shoes they’re in.  Given that this case is under the microscope, anything that the Anthony’s say or do is magnified, then criticized.

The Anthony’s are broken emotionally.  In a recent hearing, George Anthony went from being arrogant, rude, and spiteful with prosecutor Linda D. Burdick, to being humble and barely able to speak through his emotions when questioned by defense counsel, Jose Baez.

So, in a sense, I would expect them to be hateful toward the State Attorney and Law Enforcement, as they are going to convict their daughter.  Of course their anger is displaced, and they have so much anger in them!  They feel they must take sides, but for the sake of Casey’s life, they should not because they end up looking as callous as Casey.

But, what about Caylee?  Where are the feelings for justice for Caylee in the hearts of Cindy and George?  Have they forgotten that this is all about Caylee?

No, they remember Caylee, of this I have no doubt,

For the Anthony’s, it’s now about saving the life of their daughter, Casey.  Therefore, they are hateful toward law enforcement and the prosecutors who, they fear, will take Casey away from them for good.

Is this indicative of the undying bond of a parent?   Despite how much your children hate you, or no matter what they have done, do you love one child so much that you will forgive the other one for taking their life?

On the one hand, I can appreciate their tragic conundrum – having their heart twisted, torn, and sucked dry over the loss of their beloved Granddaughter.  On the other hand, I don’t appreciate their hatred of law enforcement and the Prosecutors who are seeking justice for Caylee.  George and Cindy, as much as we all have criticized them (deservedly so), are lost in the middle of a sea, in a ship-wrecked boat with no life raft – and they see sharks everywhere.

For their sake, I hope they will come to realize that by humbling themselves in the wake of the tragedy they have endured, and continue to endure, will help to bring their broken boat safely ashore.  If they continue to act aggressively and like monsters toward the law, it will make Casey look like a monster, too. But, if they are quietly humble in their pain, people would be able to sympathize with them.   If they calm down the jury should be able to see Casey as a product, not of a crazed family, but that of a young girl who has severe mental issues that went unchecked for years.

George and Cindy have lost Casey’s love.  Surely by now they have realized this, but I doubt they’ve admitted it to themselves.

I must admit, it was painful to see George cry on the stand; I felt for him, I really did.  The jury needs to feel for him, too. But, if he or Cindy, after garnering sympathy, in their next breath shoot daggers at the state, as if they have Jekyll and Hyde personalities, it will be disastrous for them, and for Casey.

It’s that damn death penalty that they need to be cognizant of!  It’s a sure bet that, as Yuri Melich explained to Casey, “things are not looking good for you”, it’s looking good that Casey may be a candidate for the death penalty.

Judge Perry, as you may be aware, has no qualms about following the law with regards to the death penalty.  The good and honorable Judge was once a State prosecutor and tried the case of the “Black Widow”, Judy Buenoano. Prosecutor Belvin Perry won that case and won the death penalty phase. Judy Buenoano was murdered by the State of Florida, in 1998.

Many believed this “Black Widow” deserved to be murdered after the deaths she caused.  Indeed, the law said she should die.  She did die, and Prosecutor Belvin Perry was there to witness it.

That is what worries me.

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