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March 29, 2011

32

like it or not, this is our system

by Andrea O'Connell

George Anthony did not kill Caylee.  But Baez and Company have to use him.

It’s unconscionable to even hint that George Anthony could be the perpetrator of this crime.  We know he didn’t do this, and we KNOW the person responsible!  But, the jury will not know.  The jury will come to this case with a head devoid of the background noise we have about the case.

As a result of reading the discovery, we are privy to much more than a jury will ever see, or ever know.  In fact, half of the discovery we have read for nearly three years, will not be admissible.

Casey Anthony is so desperate to win, she has no choice but to use George. He is the best reasonable doubt she has – the most probable alternative to Casey committing the murder.  Casey Anthony would have to agree to the use of her father; we know she doesn’t care, so she is having at him.

It is horrible to use one’s own father in this way, but in order for Casey to have a defense, this is what they will use.  Everyone deserves a vigorous defense, even Casey Anthony, is what I tell myself.

None of the lawyers believe George is guilty.  Not a single OCSO representative thinks George had anything to do with the murder – and George will not be charged.  But, he will be used because in all probability he “could” have committed the crime.  He had the means and the opportunity to do so.  Motive is not a factor that the jury weighs, even though we know George has no motive whatsoever.

In truth, this kind of action is exactly what defense lawyers in this country do every day. They test the evidence of the Government – they challenge it and fight like hell to be sure the evidence against their client stands up to vigorous  challenges, and that it’s factual.

I would want my attorney to be a bulldog.

It’s the job of the defense attorney to insert doubt. They find openings; they test those openings; they hunt for their own evidence; they’ll find alternative witnesses; and they will do their utmost to create doubt by testing the validity of the Government’s case, their witnesses, and the evidence.   They put the Government to the test – a truth test.

This is our system of justice.  Trial by a jury of one’s peers is how our very lives and our liberty are assured.  Without our system, we would live in a Police State, we would have no rights, the Police could charge us with anything under the sun and we wouldn’t be able to do a thing about it.

Our system may not be perfect, but legal minds say it’s the best in the world.

It’s all about checks and balances – just like Jose Baez seems snarky and sneaky to us, I assure you there are prosecutors and police that are far worse.  There are Judges that get paid off, there are many, many shenanigans in the legal system, but it is the exception, not the rule.

I am not sure who said this – it may have been Ben Franklin, and this is paraphrased, but the quote is:  It is better that 10 guilty persons go free than one innocent person is charged.

If Baez and Company did not have a chance to pursue this option, they would be negligent.  According to Bill Shaeffer, if the defense is not given wide latitude to pursue this kind of reasonable doubt – because it is valid, though we feel it’s wrong – if the defense is not allowed this strategy, the chance of this trial being reversed on appeal is GREAT.

No one will charge George with murder.  He is not guilty and everyone knows it.  Even if this defense strategy works and (God forbid) Casey walks, no one will look at George as perpetrator of this crime – the defense knows he didn’t do it, too.

This is a strategy and a defense born of desperation.

We hate it, I hate it, but the defense has to play this card…. they have to.

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32 Comments Post a comment
  1. Kitt
    Mar 29 2011

    Sadly, the final sentence of your post pretty much sums it up. At this point, it’s almost all they’ve got, isn’t it?

    Should this be what goes down next, I would hope that if George Anthony really ever did have knowledge of anything that he hasn’t come forward with, this will make him realize that the truth must be told. That is, if he does know what really happened. I feel he knows much more than he’s ever told. I think in the very beginning (day 31) neither he nor Cindy knew the truth, but I think they both came to know the truth shortly thereafter. I feel a bit of empathy toward George. It must be killing him slowly right now, the way the wheels are turning.

    Reply
    • Mar 30 2011

      Hi Kitt, I agree with you that both George and Cindy know much more than they are letting on.
      I’m reading now that Lippman, the Anthony’s attorney, is poo poo-ing the idea of the defense using George to establish doubt….but I’m not convinced they’ve given up on this tactic all together. I wouldn’t doubt that Casey would throw her entire family under the bus, or train or tornado to save herself.
      We may learn more as a result of tomorrow’s hearing.

      Reply
  2. Mar 29 2011

    Hi Andrea, the juror’s may not see or hear all we have in almost three years time but when Ashton and Burdick get through with them they will never have any doubt Casey killed Caylee. George as reasonable doubt will make them laugh at the total ridiculousness of this insane farce. I know since we aren’t barbarians we have to go through a court of law the correct way, but Casey really doesn’t deserve anything since she gave Caylee nothing but an automatic death sentence.

    Reply
    • Mar 30 2011

      You know, Knight Owl, you make excellent points. Burdick and Ashton will simply have to ask the OCSO detectives why they didn’t pursue George; they will say, because he is not a suspect, plain and simple. They can drive that point home over and over…. No doubt they will find an answer for every question regarding George…

      Reply
  3. artgal16
    Mar 29 2011

    In the end if they dare to use it, it will backfire. The case is very strong.
    The defense’s scientific experts are very weak – the statements and lies are going to come in. Casey is a proven liar and she never said her father molested her exactly – she said that she thought he might have but she didnt know for sure. A juror doesnt have to hear more than a carefully laid out case and the prosecution especially Linda are methodical and precise. I dont think a jury has to hear more than what is admissable to get the idea of what occurred in this case. I also cannot believe Cindy would go along with this because it will reflect on her as well. What Casey and George might have known, Cindy would have known. I dont believe she would go so far as to destroy her life and also Lee’s who will be married soon and give her more grandchildren. Thats where I think Cindy draws the line. Also George’s statements to the police initially were all honest and he didnt lie
    Cindy was the one who covered up for Casey not George. That will also come out. The description of the clothes that George gave for Caylee the last day he saw her was also not right. The big trouble t-shirt was found with the body not what George described as Sheaffer said in his interview.

    Reply
    • Mar 30 2011

      Hi Art Gal, Excellent points…The only thing I’d say, however, is “if” they “use” George to lay some doubt, George or Cindy will not be able to do anything to stop that bus. Everyone knows it’s not true, the State will deal well with any scenarios they contrive, but, if the defense is clever enough, it may cause the jury to question whether Casey acted alone…. if they have doubt, they won’t charge her with the DP, I wouldn’t think.
      Also… There’s somewhat of a debate going on with regards to Shaeffer’s statements about the clothes. The indicated that his “sources” told him that George pointed out that Caylee was wearing the pink “trouble” shirt, and striped shorts…. Shaeffer is sticking to that story and it makes me wonder if perhaps George said this at the Grand Jury proceeding, but after that, changed his story?

      Reply
      • Mar 31 2011

        Would Shaeffer be privy to the GJ testimony? I thought it was sealed information.

  4. Mar 30 2011

    That is so well said, and it is so true!

    Reply
  5. offthecuff
    Mar 30 2011

    Casey and George may have been advised to go for this strategy.
    They would OK with it because George would never be ultimately charged, and Casey would have a loophole. George would be happy to lie for Casey and get his person sullied a little.

    George will be able to take the stand and answer for himself. I would hope he would fight for the truth, but that would mean damning Casey. Unfortunately, he will just plead the fifth to help him look suspicious and maybe get Casey off.

    What part will Cindy play, though? Will Baez have her hint toward George?

    Reply
    • Mar 30 2011

      Hi Offthecuff…. Yes, it’s a sticky situation for George…. on the one hand, he surely wouldn’t want to listen to the defense blast him, on the other hand, he wants to “save” his daughter (who just happens to despise him).
      I wonder if the Anthony’s will ever face the truth of where they’ve been and what they’ve done to contribute to the mess that is their daughter?
      With regards to the defense setting up George to be the patsy, Cindy will not play a part, I don’t believe. Bill Shaeffer (the guru!) said that Cindy would not know anything – she may not be able to bolster a story for or against George’s involvement.

      Reply
  6. Rob
    Mar 30 2011

    Andrea, Nothing Biaez would attempt to do would surprise me. He is so unscrupulous. If George buys into this tactic, he needs some serious psychiatric medication. I do not think a jury would fall for the story, as so many evidence points to Casey. I have been reading and following felony jury trials for many years. This defense team has got to be the most egregious on record.

    Reply
    • Mar 30 2011

      LOL Rob!!! Yes, poor George…. he’s damned if he does, and damned if he doesn’t.
      And I agree with you about the egregiousness of this defense. This case does NOTHING to put the criminal justice system in any kind of favorable light.
      True, Casey has a right to pronounce herself not guilty, but her defense is so wrong, so seemingly unethical from the get-go. Baez long ago turned his back on his profession, in my opinion.
      This is a farce on so many fronts; what ethical lawyer wants to defend a client that EVERYONE knows is guilty? Not very many – what lawyer with any sense would put their career on the line like this???
      ’tis crazy, crazy, crazy!

      Reply
      • Mar 30 2011

        George damned himself when he fell back into lock step with Cindy and denied Caylee

      • Mar 31 2011

        True that~

  7. CptKD
    Mar 30 2011

    I completely believe, that this strategic manouever on the Defence’s part is no doubt killing George!

    I mean really – How dare they?

    It might be their last and final straw, but the devastation and havoc this shall wreek on the family is going to be immense.
    They are all already, ragged and worn!
    How much more can that family take?
    As much as they try to present as one, they are all so divided!

    George is not a stupid man!
    He’s done stupid things, but he is not one of low intelligence.

    I sense that if they start pushing too hard on him,
    he will ‘snap’ and just maybe, the truth, as HE knows
    it, will finally come to surface.

    I believe his initial answers to the LE questions, and
    interrogations, were that of him speaking the TRUTH.

    Obviously, whatever he told the Grand Jury, was enough
    to bring upon his daughter, charges and an arrest.

    As much as everyones stories changed, as it became more and more evident that Inmate Anthony had something to do with it.
    There comes a time for most people, where lying for someone is one thing. But lying and getting your ass hung up in legal trouble, is another completely different matter.

    Most won’t go there, when the fork in the road presents itself.
    Especially when sworn in, under oath, and in the HOT seat.
    Those lies can become so very costly!

    I have the feeling, that all those changes in the ‘stories’ will revert back to the actual “TRUTH”, if and when Baez or Mason, try to hold, and make George accountable for Caylee’s death.

    I am pretty sure that there is NO WAY, that George Anthony would take a life sentence in prison, in order to help Inmate Anthony!
    I don’t see it!

    Why?
    So she can go party, and have pics taken of herself in rather disgusting circumstances –

    Remember – We were’t privy to some of the nauseating, indecent ones.
    George WAS!
    He was literally sick over them!

    They are all out for themselves, at this point!

    As much as he wants to protect his ‘baby’, there comes a time, when a line is just not cross-able!

    And I t hink this line, is one of those!

    He did not kill little Caylee!
    It kills him knowing, that his own daugter did!

    Would he do anything and everything for her?
    Of course, he would.
    That’s his kid!

    But take a murder rap for her – NO WAY!

    Will he allow the Defence to USE him?
    To a point!

    But if he did not ‘molest’ Inmate Anthony, and that became the vehicle in getting her off, will he go along with it?
    Possibly!

    And if he did ‘molest’ her, I think the same would apply.
    He’d go along with it – To help her!

    But to go along with “HIM”, being the one to ‘snuff’ the life out of that little
    baby’s life –
    There is just NO WAY!

    I believe his “TRUE” story will come out, should that occur.

    And that TRUTH will NOT help Inmate Anthony!
    Not in the least!
    And not one bit!

    CptKD

    Reply
    • Mar 30 2011

      I sure hope everything you say comes to pass, CptKD and that George is able to come to terms with whatever comes to pass regarding the truth….

      But, one correction…. This will not, not ever, turn ANY suspicion on George at all. IF the defense goes with this strategy, they will simply lay little bits of testimony out there to shed light on the possibility that George could have done the crime.
      When I was a juror on a criminal case, the defense attorney brought forward a neighbor of the defendant’s who “looked” like the defendant – trying to get us to believe the neighbor was guilty. The defense worked hard to make us believe his theory – that it was reasonable. We didn’t buy it and found the defendant guilty.

      Reply
      • CptKD
        Mar 30 2011

        Oh, I completley understand that, Andrea.
        I’m just not sure about how much, George is going to take, where pointing this event at HIM comes in.

        He loved that little baby girl, and to have anyone even insinuate (sp) that he took her life, I think would be completely destroying to him.

        Even if it is, to cast doubt on his daughter’s charge of murder.
        I’m not sure if he’d really be ok with taking this on…

        They could potentially send him in a direction that they did not intend on…

        The Defence team haven’t learned any lessons along the way, and it seems as though the doors keep hitting them in the azz, as they struggle to work their way through them.

        Look at what happened with Judge Strickland?
        Now they’re gonna try it with HHJP?

        They really do have NOTHING to get this murderess off!

        And I don’t know, how she can possibly think that Jose Baez is going to have her walking out of there a FREE woman…
        Not Baez!
        Not Mason…
        And certainly not Medina…

      • Mar 30 2011

        Here is his last chance to stand up and be a man

      • Mar 30 2011

        You got that right – George could be, and probably will be, very volatile – it’s a risk that could also backfire. It may make the defense look vile in the eyes of the jurors if they attack George too hard given the loss that he feels so sharply and that is so emotionally raw for him….

      • Mar 31 2011

        I hope that if this stategy of the DT goes forward George will snap and tell the truth rather than snap and end his life for the real. As someone said, George is not stupid but I think he does have a delicate psyche because of this whole fiasco surrounding the murder of his granddaughter.

      • Apr 2 2011

        Sherry, Yes, he does have a delicate psyche, and it may be that he’s been kicked down by Cindy so much, he’s all the more messed up. But, maybe he’ll get mad enough at all the lies going on that he’ll start spilling the truth? I hope so because I do believe that when this trial is said and done, there will be charges of some kind on Cindy and George. The State cannot charge them now as it would mess up their case, but I think the day will come when they will have to face the music they’ve written and they sing.

      • Apr 2 2011

        ~especially if it sets Casey free and perverts justice for Caylee!

    • Kitt
      Mar 30 2011

      CptKD,
      Amen to all that you said!!!

      Reply
  8. Venice
    Mar 30 2011

    Casey told Tracey she should be signing pictures of herself, and sell them to make money for her defense. L O L!!!!! Oh, and the Howard Stern comment just really exposes her for who she really is!!!

    Reply
    • Mar 30 2011

      Yup Venice! I remember that comment to Tracey… I sure wish Tracey was going to testify…. she had some wild and crazy stories, didn’t she? LOL!
      The story of Casey asking Tracey to wear her watch on her ankle (to match Casey’s ankle monitor) was wild. And the fact that she was flirting with Rob…. Tracey had some interesting stories… they’re not really relevant, but they sure are interesting!

      Reply
  9. Diana
    Mar 30 2011

    Great comments!

    I don’t see George taking the fall for Casey though. She has destroyed her daughter and her whole familys lives, and I realize she is their daughter, but at what point does a parent say…it’s enough. If George and Cindy want to keep what little sanity they have left, they need to be packed to leave Fla. the day the verdict is read. But Cindy won’t. She will continue to kiss Caseys a$$ and make excuses for her forever. JMO

    Reply
    • Mar 30 2011

      Hi Diana…. Yes, Cindy’s lot in life is now to beg for Casey’s love. It is so darn sad. I wonder if, when all is said and done, Casey will realize how alone she is and turn back to her family? They will embrace her in a heart beat.
      The really sad thing, they have moved on now – they realize they can no longer save Caylee, but Casey can be saved….

      Reply
  10. char
    Mar 30 2011

    Sadly I think George is a broken man whom feels his life has been destroyed and I think his guilt will allow him to take the fall for Casey. He would take the jail sentence to get her off that is what scares me. Can the state bring up his testimony to Baez that he would do anything to save his Daughter?

    Reply
    • Mar 30 2011

      Hi Char…. Oh absolutely, that testimony can surely be pointed out. But, not to worry, George will not be charged with anything. He’ll just be used by the defense to plant in the jurors heads that George “could” have done the crime. Therefore, if George could have done it, a reasonable person should have DOUBT that Casey did it, since that doubt exists. If they are persuaded in this way, they cannot find Casey guilty.
      Now, that’s how the defense WANTS it to work (if they use George) BUT, it’s not going to be so easy because the State will be on it like crust on bread…

      Reply
      • CptKD
        Mar 30 2011

        Thank God for the STATE!
        Let’s break out a ‘loaf of bread’ on that one!

        CptKD

      • Mar 30 2011

        LOL! Oh, absolutely!

        And, you know, the more I think about this purported tactic by the defense, the more I think the jury will HATE Casey and the defense for allowing this to happen to George, who is obviously so heartsick….

      • Kitt
        Mar 30 2011

        I like mine buttered on both sides, please. Lol!!!

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