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April 14, 2011

4

Bad Baden

by Andrea O'Connell

So, we got a little preview of the much maligned 48 Hours Mystery show, titled: “Only Casey Knows,” as seen on ClickOrlando (WKMG).  Link to video preview.

Beware, this preview is a despicable example of lawyers who have lost their minds.  These lawyers are crazy.  Every single  one of them (with the exception of Anne Finnel), is nuts.

In his column today (link), Hal Boedeker explains that the airing of this show is raising eyebrows and calling into question whether this kind of reporting is ethical.  Does this show undermine our system of justice – before the system has a chance to work?  CBS doesn’t think so.  They have no shame.

The jury system, though not perfect, it is our system and tainting it goes against principle in every sense.  Let’s just put the jury system on hold to try the Casey Anthony case.

Sure!  Why not!

We have a jury system for a reason.  Trials should not be argued in the media, unless juror bias is the goal.

Clearly that HAS to be the goal here.

In most instances, lawyers shy away from the media since anything they say can be distorted, or misconstrued, causing harm to their client.  It’s a no brainer.  The more information in the media, the greater the chance of undermining a case – allowing untruths and rumors to muddy the waters and hurt a case.

But, if you’re Baez and Cheney and you have no case, well, you need those muddy waters.

Like desperate bottom feeders, the goal is to attract potential jurors, trying to change their sensibilities.

Also, the defense wants to get Casey Anthony’s “testimony” out in the public domain without her taking the stand.

Which story will they float?  Will it be one of these:

  • The brother abused Casey so she lost her mind?
  • The grandfather was an abuser, therefore he’s a murderer that Casey ran from?
  • It was a pool accident?
  • Jesse Grund took her?
  • Asphyxiation via duct tape was done by a kidnapper?
  • The grandfather did it?
  • The uncle did it?
  • The grandmother did it?
  • A cute little Martian from Planet (Up) Uranus did it?

Pick your poison.

What are the problems with all these excuses?  First, none of them are true, and second, not a thread of evidence points to anyone but the defendant.

Now, the defense could ask George, Lee, Cindy, or John Doe if they had anything thing to do with the death or disappearance of Caylee and plant the seed that perhaps there’s another story.   But it will fool no one.

Maybe Casey will take the stand to explain away what happened?  She’s a darn good liar, this we know.  Could she pull it off?

Fat chance.

Most defense attorneys, when they interview a client to determine whether to accept their case, immediately tell the client, “I don’t want to know if you did it (the crime).”  The reason for this is simple.  A lawyer could NOT legally put a client on the stand if they know the client will commit perjury under oath.

The defense knows Casey is guilty, but if she has maintained her innocence, they could put her on the stand, I suppose, but they shouldn’t.

The defense is not above creating stories or hypotheticals, pretending that a child who was double bagged and dumped like trash in the woods, was not murdered.  They can try to pretend the smell of decomposition in a trunk is really garbage, or make 31 days partying seem like an act of contrition or penance, but it won’t work.

In the 48 Hours preview, Linda Kenney Baden, says about the Zanny the Nanny story, “I think everyone knows that that was a lie. Her actions have been her own worst enemy.”  First of all, why would the defense want this statement out in the public?  Is it to suggest that Casey is now telling the truth about everything?  Create the sense that she’s now telling the truth so the defense lawyers can say, a liar doesn’t a murderer make?

In Hal Boedeker’s story in the Orlando Sentinel, he speaks with Bob Jarvis, a professor of law at Nova Southeastern University, who discusses Linda Kenney Baden’s statement about “Zanny the Nanny” story never being true:

One of the ethics rules is that you be fair to the court and not impede the administration of justice.  You can make an argument that by going on TV that you’re poisoning the jury pool and you’re making it harder to seat an unbiased jury. Even if you’re a former attorney, you’re an officer of the court. This is a duty you have to the judge.

Cheney Mason is having too much fun to be bothered by ethics or fairness in the face of the Court, or in the name of justice.  Jose Baez has too much to loose if this case implodes – justice be damned.

Now, let’s get real here.  The defense lawyers can pretend and pontificate until they’re blue in the face, or until our Martian from Planet (Up) Uranus lands in the courtroom and cops to the crime.

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4 Comments Post a comment
  1. Apr 14 2011

    Andrea sez:

    ■A cute little Martian from Planet (Up) Uranus did it?

    I’m not even going to admit how long it took me to “get” that but~
    When I did, I laughed so loud my hubby, dog and cat looked at me like I was nuts! 😯

    Okay, this part of Hal’s article bothers me more than LKB’s opines:
    Also in “48 Hours Mystery,” Florida Attorney General Pam Bondi weighs in on the Anthony case.

    “I was shocked they would go to someone so far removed from the case,” said Bill Sheaffer, WFTV-Channel 9’s legal analyst.

    But there’s an ethical issue here as well, as WKMG-Channel 6’s Tony Pipitone pointed out in a report: Bondi’s office would oppose an appeal if Anthony is convicted.

    “The local prosecutors have gone to great lengths not to make any statement,” Sheaffer said. “She should have had the presence of mind to question what her (Bondi’s) ethical obligations are.”

    I smell a conflict of interest being brought up down the road by the defense.

    Also, it looks like CBS could care less about justice for Caylee since they haven’t decided to to take the high road and postpone the show. Even if they think there is much ado about nothing they could postpone it for appearance sake.

    Reply
  2. Apr 15 2011

    Hey Sherry – Yes, thank you for pointing that out, also! That’s another issue that points to how horrible this whole charade is. Everyone has lost their minds when it comes to this case. Ethics be damned, it’s about celebrity and television time, it seems to me.

    I only hope Bondi got permission for this and checked out if this would backfire down the road. It looks bad for appearance sake, but if it is also going hurt any appellate issues, Bondi is as nuts as the rest of them.

    Reply
  3. J.H.
    Apr 15 2011

    I WONDER IF ANYONE NOTIFIED CINDY AND GEORGE THE WAS NO ZENIDA?

    Reply
  4. Addie
    Apr 15 2011

    IMO This airing of 48 Hours Mystery is a real “mystery” to me ! I cannot fathom this even being legal before trial and right here just before jury selection. I know Baez and Co. have and will continue to try to taint the jury, but this could really blow up in their faces as far as LKB even talking, I think. Surely Bondi has studied enough law to know what the ramifications could be and knows it won’t hurt the case. I am hoping she was added to make for a more fair/unbiased show. ( if that is even possible ! ) While on the subject, am I just seeing wrong or has the trailer for this show been changed ? Either way, I just cannot understand how this show can be legal before trial and was really hoping to see Judge Perry be able to put a stop to it airing at this time. Prosecutors have worked so hard to do their jobs, it would be such a travesty to see them get a slap in the face ( another ? ). I also believe Baez will go to any extreme to taint a jury pool, no matter where the jurors come from.
    I only WISH I lived in Florida and would get a jury summons for this trial ! I won’t lie to you good people, but I would lie like a dawg to be seated as a jurist ! It’s pretty bad when a God fearing Christian admits this, but who else in this case ( on defense side and not to omit the A’s and KC ! ) have EVER told the truth.
    Surely there is justice for this poor helpless little Caylee.

    Reply

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