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March 6, 2011

15

agents of the state?

by Andrea O'Connell

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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15 Comments Post a comment
  1. Rob
    Mar 6 2011

    Andrea, I do not feel any sympathy for the Anthony’s. All they do is lie,lie,lie. They cleaned the car, washed Casey’s pants, and we will never know what else they hid. They took money for TV appearances, went on cruises, got tattoo’s and diamond earrings. They trashed Tim Miller, now they are trashing law enforcement. They were never agents of the state. As for Casey, I would hate to see her get the death penalty. LWOP……… Let her sit in solitary confinement until she is 102 years old. I am so sick of the Anthony family and Biaez making a mockery of the death of a beautiful two year old child.

    Reply
  2. Linda
    Mar 7 2011

    I agree Rob, I don’t think she will get death..LWOP works good for me too.. I am not heartless cause I did feel bad when George cried on the stand……but I think his anger is misplaced….. and again the Anthonys want to blame everyone else……. They made Casey what she is but don’t feel any of it is their fault and that makes me mad…. My own son and his 3 children live with me 2 boys and a girl and sometimes my grandaughter goes to a sleepover and comes home the next day….It would be a cold day in Hell if my grandaughter was gone 3 days nevermind 31..This tells me that the Anthonys are as screwed up as their daughter…….Its no surprise to them that she was a liar and a thief……Why didn’t they call the police sooner? I don’t consider them victims…..they were part of the problem… Thats why I think they are fighting so hard to free her to free their own conscious. I hope the judge denies these motions…. Oh and hello Andrea..

    Reply
  3. offthecuff
    Mar 7 2011

    Do the Anthony’s love? They don’t love the truth. What’s left?

    Reply
  4. Faith
    Mar 7 2011

    I love your blog! I usually agree with all you write,however that’s not the case with this article. Neither Cindy or George cared enough about Caylee to have contact information on the “nanny”even though they knew,or suspected KC didn’t have a job. They continued to swallow KC’s excuses even though they knew she was a liar of the first order. They both smelled that car and there is no possible way they didn’t know what that smell was,yet they cleaned the car and Cindy washed those slacks. When Cindy made those 911 calls she may have been in a panic and it was way to lated for an amber alert. Right then is when they should have done all they could to get KC to tell what happened. Their collecting money,going on numerous TV interviews and bad mouthing LE is what has set most people against them. When you see KC’s ^5 to Lee and Cindy shooting the bird at one of the hearings then add the way they appear at hearings. They have shown and continue to show their total & absolute disrespect for the court. They will not impress a jury in a positive manner. They appear sloppy and unkept,Lee in my opinion is disgusting. I didn’t see any real tears from either KC or George,he appeared to be exactly what he is an unemployed loser living on the state dole and what they have gotten on the back of their beautiful granddaughter.
    Sorry, I’m really a gentle lady but to me this entire family is disgusting,and I have no sympathy for them.

    Reply
    • Mar 7 2011

      I love and appreciate your comments and I think many will agree with you! I was having a moment of sympathy for their situation but it will soon pass the next time they do something stupid!! LOL! Thanks Faith! 🙂

      Sent from my iPhone

      Reply
  5. Faith
    Mar 7 2011

    Oh dear I should have read all the posts first especially Rob’s ., before posting my tirade. I also said lated when I should have typed late. Dumb keyboard!

    BTW beautiful name Andrea and just happens to be my oldest daughters name Andrea Hope.

    Have a beautiful day!

    Reply
  6. Weezie
    Mar 7 2011

    Ok Mason is down Linda is up proving that the Dufence is saying things out of context and is fighting the timeline, fighting that there was no force coorision, distress, to finding the missing Caylee. A 35 minute timeline between leaving with Casey to Sawgrass and back to her home. Anthony was not suspected of anything. Deputy Everling statement at 1:05, handcuffing after that event and was no longer than 5 minutes.

    Reply
    • Mar 7 2011

      Hey Weez, Yes, the hand cuff episode was a really short time, just maybe five minutes, if that…. love your comments, you dear heart… 🙂

      Reply
  7. Weezie
    Mar 7 2011

    By the way; I was watching on WFTV all last week but had to click every 4 minutes or it would stop and you would have to sign back in. or whatever that is. Anway I am now watching on WESH. Beautiful, no stoppage whatsoever.

    Reply
  8. Weezie
    Mar 7 2011

    She is citing supreme court case law where one defendent was handcuffed for 10 minutes was unhandcuffed and it was shown to fail the mirandize law. She is citing another case very similar. Also turned down by the Supreme Court. Boy is she good. RECESS for 10 minutes!
    See I told you I would keep you up to date.

    Reply
    • Mar 7 2011

      Thanks!!! I can’t wait to watch! Let me know if theres a ruling!!! Thanks!

      Sent from my iPhone

      Reply
  9. katydid
    Mar 7 2011

    Please keep us up to date…..Thank You!!!!

    Reply
  10. Weezie
    Mar 7 2011

    NO DECISION TILL NEXT WEEK! and they didn’t say which day either? Very suspicious that the judge wants to let everyone know he is taking his time on the rulings. I favoured the case law that Linda cited better, but then I think she makes her points, one by one, in a very concise manner. No wandering or dithering. I thought Perry looked rather pleased with her performance. Casey looked down a lot today, like there was a pet hampster in her lap. lol. Linda made it clear that Casey was lying, but that didn’t result in an arrest. Mason contends that LE knew all along she was lying and was setting her up for the fall. ugh. I guess you will all be commenting later when you get home and put your jammies on and get comfortable. I’m going to join my husband and have a glass of wine. See ya later gators

    Reply
  11. CptKD
    Mar 7 2011

    Ms. Linda Burdik did an outstanding job today – Kudos to her!

    Mason – Well, he mumbled!

    I sense the Motions will be DENIED, seeing as even HHJP cited several Case Laws, and serveral times at that to Mason!

    Linda was able to throw back at Mason, Case Law that he had chosen to use, and my gut feeling tells me that, Mason is really NOT familiar with this case at all, especially the “itty-bitty” details of it. Regardless of what people think, that is not going to go far for him – You need to know EVERYTHING.
    His timelines are all messed up, and half the time he makes absolutely NO SENSE.
    Of course, having your client lie to you, can only contribute so much to your case and an effective defense.

    Everyone, including JP seemed to be flat out bored.
    At one point, even Linda had her elbow on the table and her head in her hand –

    This defence is going down! And it is happening quickly. It seems to worsen by the hearing, and I don’t know how on earth “IA” thinks they’re going to win this for her – Good luck!

    If these past four hearings are an indication of things to come in the actual trial, it is going to be a very long and drawn out process.

    The State seems to be organized and together – Same page and all, whereas the Defence is stumbling along, lost amongst the papers that litter their desk. It really is pathetic to watch!
    Baez looked so defeated, I think even he wonders how they can possibly get this to work for them.

    As for Inmate Anthony, she can’t look up or write, or do anything, when someone is speaking the TRUTH. The minute it starts, she stares into her lap. If you watch, you will notice that she looks up, or writes on that yellow notepad when her attorneys are speaking, but the whole time Linda spoke, she stared at herself.

    The other thing that bothered me, is upon entering she touched Mason’s shoulder and gave it a squeeze – That is just so wrong, on soooo many levels.
    Who the He!! does she think she is?

    It was great to see Sgt. Allen and Detective Melich sitting in behind the Prosecution – They are fantastic men, who truly care about getting Justice for little Caylee.
    It is evident, and there is no denying, that all the garbage the Defence has spewed about them,is completely and outrageously WRONG. On so many different levels, they ARE DEAD WRONG!
    I’m even offended at the sh*t that has been tossed about them and their manner of approach with this case – Look what they were dealing with afterall…. I could just go on, but I’ll save myself from going into some cardiac arrest over, of all people INMATE ANTHONY!

    As far as the live streaming – I find that it works best for me to have both, WESH and WFTV on.
    WFTV requires you to refresh a fair bit, but they have a larger picture window.
    I find that WESH bums out a fair bit, and the streaming seems to always require BUFFERING.
    With both windows open, if one goes down, I immediately have the other at hand.
    I also usually partake in the live chat – WESH seems to have more reasonable folks in their chat room, whereas WFTV has quite a few baffoons and trolls.

    So there you have it – A long three hours, but tolerable after Mason finished up. I swear, both times that he spoke, I literally had to turn sound down, or sometimes right OFF. He was sooooo annoying – Absolutely nerve-wracking!
    I was disappointed the JP didn’t rule today, but he has to get this “BANG ON” right – NO mistakes, no room for error!

    On that note – Being that I CANNOT have a glass of wine :`(
    (Med reasons, and I’m on Morphine, soooo….)
    I’m thinking, a cup of hot chocolate, along with a long, hot bath …
    Should get the “Mason-mumbles/stress-pinch” out of my right shoulder –
    LOL!

    Will be back a little later…

    Hope to catch up on others perspectives, ideas, and comments on today’s events –

    ‘Til then – CptKD

    Reply
  12. Mar 7 2011

    I love you all! Thank you so much for your updates! But, darn, I thought Judge Perry would rule today….but, since this is a death penalty case, he has to be extra careful and consider all possible case law.

    I’m running to the grocery store or else I won’t eat tonight! Then I’ll be back and watch the hearings…

    It’s so funny, CptKD…I do the same thing with WESH and WFTV – having both pages up since WFTV requires refreshing so often…. (it’s annoying!)

    Talk to ya lata gata’s

    Reply

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