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April 13, 2011

27

Is the defense conscious of their client’s guilt?

by Andrea O'Connell

There were three new motions filed in the State of Florida v. Casey Anthony case published today.

In one motion, MOTION FOR EXAMINATION BY MENTAL HEALTH EXPERT, the State of Florida is objecting to the testimony of defense experts, Drs. Danzinger and Weitz.

In the next motion, MOTION IN LIMINE AS TO TESTIMONY OF MENTAL HEALTH EXPERTS, the State requests that the court allow their mental health expert examine Casey Anthony, too.

The defense responded to these two State motions with its own motion, DEFENDANT’S RESPONSE TO MOTION FOR EXAMINATION BY MENTAL HEALTH EXPERT.

In short, the defense wants to present the two mental health experts in their case in chief, but seeks to block the State from examining Casey Anthony with their own mental health experts. So much for playing fair!

The defense is seeking to preclude any psychological examination that the State will order of the defendant.

If a state expert examined Casey, it would be disastrous for the defense.  The State is likely to conclude she does not suffer from Post Traumatic Stress Disorder (PTSD), nor is she able to claim “diminished capacity”.  The State’s mental health expert just may conclude that Casey is an evil, cruel, callous individual who also happens to be a murderer.

If the defense seeks to explain away the 31 days, countering the State’s consciousness of guilt evidence the 31 days insinuates, doesn’t it seem as if the defense, by trying to argue away the 31 days, are in a sense stipulating that a consciousness of guilt exists?

If I were on the jury and mental health experts attempted to explain away conduct during the 31 days, I would weigh it against other factors.  Those other factors would be: The multiple witnesses in the State’s case who will testify to the defendant’s actions, behaviors, and general countenance PRIOR to and DURING those 31 days.

The jurors will hear testimony from people who experienced Casey Anthony during the time surrounding the murder, rather than an expert who interviewed her in the jail, only to conveniently conclude her actions are excusable and are due to PTSD.

The jury will hear from Tony Lazarro, Ricardo Morales, Amy Huizenga, and dozens of others who will help the State paint a picture of Casey Anthony as a party girl during those 31 days, and before.  No one with PTSD acts like Casey did during the 31 days – jurors aren’t stupid!

As the State points out in their motion, the defense cannot “explain away” those 31 days without also hearing from the State’s experts. In addition, the State points out in their  MOTION IN LIMINE AS TO TESTIMONY OF MENTAL HEALTH EXPERTS, that experts should not testify unless Casey Anthony gets on the stand to “explain away” her actions in the 31 day time frame.

We know that Casey Anthony will not testify – that would be suicide.  Therefore, it stands to reason that these experts will be seen ONLY in the Penalty Phase of the trial, which is the proper assignment for this testimony if Casey does not testify.

The defense needs these experts, but they cannot have their cake and eat it, too.  The State must be allowed to present reciprocal mental health evidence.

The defense wants to use these experts as rebuttal against the consciousness of guilt factor, but as the state points out, the defense is not proffering that Casey suffers from “any clinical or personality disorders as recognized by the American Psychiatric Association,” nor does the expert testimony comport with any of the charges in the State’s indictment.

What I found most bizarre in the defense motion is they want to proffer hypothetical scenarios that will explain away the 31 days.  It appears they want to use a hypothetical person whose hypothetical behavior in a hypothetical 31 day time frame was based on PTSD.

In other words, the defense will not say this scenario is true of Casey’s actions, but can be applied to the defendant.  Really?

The defense, in their motion, wrote about using hypotheticals:

This will give jurors an understanding [of] the issues of this case and provide an alternative explanation other than consciousness of guilt.

If only it were that easy.

Is the defense conscious of their clients guilt?

I would say, it appears so.

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27 Comments Post a comment
  1. calipatti
    Apr 13 2011

    The defense does care or want to know about Caseys guilt, they want to win.
    in my lowly opinion…!

    Reply
    • Apr 13 2011

      Oh yes, Cali Patti, I agree. Win at all costs though is not an option! No way no how.

      Reply
    • Kim
      Apr 15 2011

      And of course all the prosecution cares about is winning too. The difference is the current defense team (along with others attorneys who came forward to support Casey but couldn’t afford to continue as payment of many of the out of state costs were refused) joined a case they knew would be difficult to win because they believed the prosecution didn’t really have evidence of guilt. They actually believe in that lack of evidence or they would not have risked their necks.

      Reply
  2. Lona1
    Apr 13 2011

    this defense team is the ‘new’ 21st century version of confusious,
    Man who jumps off cliff, jumps to conclusion!
    They are the new twister-turner-believe-it-or-not TEAM.
    Can’t wait for Friday. They ask the impossible, and they know what they are putting out there, or in the motions…unlogical requests SPIKED WITH SLIME!

    Reply
    • Apr 13 2011

      LOL, Lona! Man whose cliff jumps on him, is flattened! Love your version of Confusious for the D Team. 🙂

      Reply
  3. Apr 13 2011

    OK, I just had to hit the ‘like’ bvutton at the reading of your title. You sure give ol’ Marinade Dave some competition in that regard!

    Ofcourse, they know she is guilty. I ditto what Cali-Patti said-it’s about winning, not justice.

    Reply
    • Apr 13 2011

      Hey Sherry….That’s quite a compliment – thank you very much, my dear! I do adore Marinade’s serenades, also!
      Yup, they do know she’s guilty as can be. Heck, Cheney said it on TV before he was on this case…. what a giant fraud………

      Reply
  4. Apr 13 2011

    Nice catch Andrea!!

    I have been watching this all day – you know how the defense likeds to toss out distractions – ie: 48 Hours – before they try to pull a fast one

    You are on it my Girl!!

    Where is Cap?

    Reply
  5. Apr 13 2011

    sorry for the typos – I have worked 3 full days!! and I am tired 😦

    Reply
    • Apr 13 2011

      awww Kim… I didn’t even notice any typos! As for Cap, her PC has been on the blink, but she managed to come by yesterday to say hi…. I’m sure she’s a wee bit frustrated right about now…. the only thing worse than a broken computer is a broken Air Conditioner in Florida (or Texas!).

      Isn’t just a pain in the neck how work interferes with blogging?!

      Reply
      • CptKD
        Apr 14 2011

        Well, I’ve had to cave, and simply hook up my work laptop for us to use here at home…
        My old computer is way too slow, and it was causing too much interference with the wireless abilities of my laptop.

        And so, the laptop is plugged straight into the router at this point!

        All is quick, with no stalling or freezing screens…
        This is how it should ALWAYS be.

        All I can say is thank goodness for having this as back-up!
        And we are going to be so cautious from here as to where we go, and what sites we visit.

        It’s unfortunate that it has to be that way, but some things are NOT worth the headache…

        Not to mention the aggravation it has caused, and the guilt I carry for being the one to pick up whatever nasty virus/worm-intrusion that attacked the home pc…

        I just hope my brother can get it back up and running for us again!
        Keeping my fingers crossed on that one.
        I’ll take the it up to him to have a peek at, and hopefully he’ll be able to fix whatever the prob is.

        The whole thing has crashed, and is at the point where it is a simple blank screen with absolutely no options or capabilities.
        I can’t even get to the start menu…
        So, something is majorly wrong, and it’s got us beat on how to recover anything from here…

        Anyways, I have to say, that though I’m not surprised at this new stunt the Defence has tried to play, I find it interesting, that with their attempt to pull another fast one, they are now backed into a corner.

        If they want their Doctors to testify, then they are going to have to allow the State to bring in one of their Doctor’s to assess Inmate Anthony.

        It’s amazing, though again, not surprising, that come the nearing of the trial start time, Baez and Mason are still up to their dirty, try to ‘taint the jury’, tricks.
        And then throw Linda Kenney Baden in there…
        Her spewing out the crud she chews –

        What the hell are they trying to do here….?

        I have to see my Doctor tomorrow morning, and so I hope that I’ll be back in time for the afternoon’s hearing.

        I believe it starts at 1330hrs, and so I hope to be back and able to watch and report, if you’re not going to be able to watch, and the others would like updates.

        I trust I’ll be able to watch and convey the hearing’s goings-on without any technical difficulties…

        Let me know if you’re going to be watching, or not, k!

        While I’m here, I’d like to say hello to everyone…
        And extra-special ‘hello’s out to Kim, and Cali Patti – Ladies!

        With warmest regards,
        CptKD

      • CptKD
        Apr 14 2011

        Oh – I almost forgot!

        Special ‘hello’ to Sherry too! :`)

        And while I’m here –
        I need to correct something from above, being that it made me sound like a bumbling idiot –
        Like no wonder my computer won’t work….DUH!

        Where I said:
        “I’ll take the “it” up to him to have a peek at, and hopefully he’ll be able to fix whatever the prob is.”

        The “IT” is in fact the pc –
        “I’ll take the “PC” up to him to have a peek at…”

        I’m not sure what I was thinking there, but it’s safe to assume that at this point, the darn thing, has become nothing more than a useless object –
        I guess I can, technically call it an “IT”!!
        Lol!

        Sorry ’bout that!

      • Apr 14 2011

        LOL! Thank yew! I was feeling like chopped livah for a minute there! Glad to see you’re still kickin’ (and wheezin’?)! :mrgreen:

      • Apr 14 2011

        waving more!!

        anyone feeling a tad crazy this evening after the days events? Tomorrow should be a laugh a minute!!

      • Apr 14 2011

        Yeppers! I can’t wait for tomorrow’s hearing. 😆

      • Apr 14 2011

        What happened??? I am just getting on the pc now – I am in the dark……going to investigate now! 🙂

      • Apr 14 2011

        waving!

      • Apr 14 2011

        Hey CptKD! So nice to hear from ya! Well, I will try to listen to a little bit of the hearing on my lunch break, but I was busy all day today, and will be most of the day tomorrow, too. I hope you get your computer fixed…. that’s so darn maddening, I know! grrrrr!

  6. Diane
    Apr 13 2011

    The answer to the question of this article heading, You betcha!

    Reply
    • Apr 13 2011

      Hi Diane! LOL…. oh yes! That’s indeed the answer! 🙂

      Reply
  7. Apr 13 2011

    Andrea! Yes, she did manage to email me between issues – I was hoping it was all square.
    I sound like such a whiner!! 3 whole days!!
    I am actually proud of that though 😉

    Reply
    • Apr 13 2011

      And you should be proud! You’re not a whiner at all, Kim. Believe me, you’re not!

      Reply
  8. offthecuff
    Apr 14 2011

    What happened to the mental health examinations from ’08? Wouldn’t they be most accurate?

    I am amused with hypothetical! Hypothetical can paint a pretty pig!

    Reply
  9. cali patti
    Apr 14 2011

    OOPs I meant to say way back up there… defense does NOT care if she is guilty… so embarassed

    Reply
  10. Venice
    Apr 14 2011

    There is “rumor” that Casey will take the stand and ADMIT she lied about everything. That will barr any cross about her lies. Her defense is that she was afraid of her family and the abuse. Can you believe this crap??? Her own parents are willing to take the rap for her. What about Caylee?? This has gone way beyond crazy! I’m so sick of it.

    Reply
  11. Venice
    Apr 14 2011

    I hope Judge Perry slams the brakes on all this bull****!

    Reply
  12. CptKD
    Apr 15 2011

    I am sooooo sorry –

    I can’t explain right now, but let’s just say that my plan sort of back-fired.
    I will explain later.

    I just got in, signed on, and I believe what’s happening right now, is that the two sides and JP are currently “in camera”, and they have all left the courtroom to enter the Jury room for a private discussion.

    I will go now, and try to find out what’s happened and what I have missed so far.

    I believe HHJP had only reserved 3 hours of court time for today’s hearing and so I’m not sure where things are going from here…

    I will be back –

    Reply

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