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April 19, 2011

32

for the sake of reasonable doubt…vroom-vroom!

by Andrea O'Connell

An interesting Defense motion (click to read), was released today in which the Defense, in the State v. Casey Anthony case, maintains that, in the name of reasonable doubt, the Court should allow the Defense to proffer, at trial, Anthony’s statements to Drs. Danziger and Weitz, mental health experts who recently examined her.

The Defense argues that the contents of these mental health reports include statements from Casey Anthony, that support their theory of reasonable doubt, and therefore should be admissible at trial.

When a defense can offer evidence to support its theory of the case – and it tends to support its claims of reasonable doubt – the Court usually finds it admissible, as courts never want to inhibit evidence that tends to support reasonable doubt.  When the court rules against such proffers of testimony or evidence from the defense, it can be construed as error by an Appeals Court.

HOWEVER…. This situation is completely different.  This is testimony from expert witnesses that the defense wants to use IN PLACE of Anthony’s testimony.  Furthermore, the State had the opportunity to depose these experts, but the defense pulled these witnesses from their case, and the State deposition was halted (presumably something unfavorable to the defense was revealed – we do not know what).  The State may have learned of information that would benefit them, and/or the defense heard testimony that would harm their case, though it’s not clear what transpired.

And now? Well, the defense would like to use the statements that Anthony made to these experts in the trial.  Presumably to explain away the 31 days.   Judge Perry will hardly allow the defense to do this – how can they even dream of using a substitute, unchallenged by the state, to testify for the Defendant??  It won’t happen, despite it being germane to the defense’s theory of reasonable doubt.  The Defense can’t use only what’s “beneficial” to them!

This request is another Hail Mary pass.  It’s the fourth quarter, 15 seconds on the clock, and the ball is in the air.  Oops.  The ball is blocked and caught by the opposing team and….. Touchdown!   (Hail Mary’s are desperate measures by a desperate team.)

The only way the defense will get testimony about those 31 days – when Casey was on the lamb – is to put her sorry self on the stand.  Additionally, the only way the theory of “a pool accident” will come into the trial is to put Casey on the stand.  The only way to support Casey’s claims of doing her own investigation of Caylee’s “disappearance” would be to put her on the stand. The only way to suggest Casey was molested by a family member is to put her on the stand (or the Defense may ask Lee or George if they engaged in this behavior with Casey).

Could Casey Anthony’s testimony create the reasonable doubt the defense needs?  Hardly.

Regardless, the only way the defense can “spin” any of Casey’s stories would be to put her on the stand. But it would be a disaster.  If we see Casey Anthony take the stand, it would mean the defense is throwing its last Hail Mary pass of the game…. and it would be a disaster.

George Anthony = Reasonable Doubt

On the recent 48 Hours No-Mystery Scam Show, Mr. Baez, Cheney, and even Ms. Kenney Baden, would neither deny or confirm that George Anthony was going to be part of their defense reasonable doubt strategy.

After seeing the WKMG Click Orlando video clip (click here for video), that the defense wants to enter into evidence, the signs are pointing to this: 

VROOM-VROOM, smell that diesel fuel?  That’s George being thrown under the bus.

The clip I’m referring is an August 2008 video that shows the Henkel duct tape on a table at the Anthony’s Command Center.

George had access to that duct tape.  George had access to the gas can.  George had access to Caylee, and on and on and on they’ll go to blame George.

These are desperate measures for a desperate defense to destroy an already destroyed George Anthony.

Vroom – Vroom………

Poor George. 

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32 Comments Post a comment
  1. Venice
    Apr 19 2011

    Joke. Joke. Joke. Hail Mary headed straight into an interception!

    Reply
    • Apr 19 2011

      Intercepted and run back….Touchdown, STATE!

      Reply
  2. Apr 19 2011

    Andrea, I read Mason’s motion and it has me completely baffled. How can the defense use evidence in the doctors reports without putting Danziger or Weitz on the stand? The defense withdrew these two expert witnesses so how can they introduce this evidence from the reports? Is Mason losing it or does he just want to make Judge Perry’s life miserable?

    Reply
    • Apr 19 2011

      LOL! Well, they are just hoping they can make a strong pleading about the fact that evidence that tends to favor a defendant, or supports the theory of reasonable doubt, is generally ALLOWED in the trial. But, you are absolutely right – they dropped these two experts, so I don’t see how they can have it both ways (drop the witness but use his testimony). I am sure this is a motion they know will fail, but have to file anyway…. for that Hail Mary chance. And, the fact that Casey’s statements will be presented, can’t be allowed…. To have these two testify to Casey’s statements, they need them back on the witness list…. That seems like a no brainier!

      Reply
  3. Molly
    Apr 19 2011

    So, now the duct tape is a valid part of crime!!! haven’t they been touting & trying to play down the existence of the tape or the connection of the tape to the anthony home? Now IF they are going to try to tie george in any way to this I guess the tape is suddenly important. they are basically admitting that it IS. they always try to have it both ways. if one way doesn’t work, totally turn to something else even if it cancels out the original claim! Gee, maybe the jury won’t notice. lol

    Reply
    • Apr 19 2011

      LOL Molly! You got it right – they are desperate to have it both ways…. to only present the “good stuff” to help their case. Problem is, this is the U.S. and both sides have a crack at witnesses!
      Oh, yes… now they want to use the duct tape because it belongs to George…

      Reply
  4. Lona1
    Apr 19 2011

    This is maddening! I NEED the rulings by Judge Perry to be announced! All this BS is another diversion because they know most of the evidence (if not all) will come in. Help! This defense team is over the top! I can’t take NO MORE!

    Reply
    • Apr 19 2011

      I know, Lona1, I know… it’s incredibly maddening. But, this is how the game is played in the court….If diversions work for a defendant, so be it. But, as for THIS case…. They won’t work Lona, don’t worry. They won’t work. 🙂

      Reply
  5. Lona1
    Apr 19 2011

    There will be a barrage of stories until jury selection. There will be a barrage of stories until the trial starts. Spin me to heaven! Wow…..I think I should stop reading for a while.

    Reply
  6. Lona1
    Apr 19 2011

    Andrea, good to know…they won’t work! 🙂

    Reply
  7. Apr 19 2011

    There has been a defense strategy all along and we have not seen it! It is…are you sitting down?…Play the jury for stoopid! Insult their intelligience! Make them feel as if they are the ones without a clue. George could have done it just as well as Casey-no! moreso than Casey!

    I can’t remember-the jail tape of Casey losing it with her parents in August ’08 is in, right? Uh-oh. Looks like Casey takes after her daddy in temper tantrums! Add to that, how rare it is for a grandfather to murder his grandchild compared to how frequent it is for mothers to murder their children… 😥

    Reply
  8. Apr 19 2011

    I keep forgetting that any testimony by anyone speaking for Casey, including Baez, will be considered hearsay and inadmissable/stricken from the record. Its hard for jurors to forget those stricken from the record statements, though, but the jury foreman will have to make sure that it doesn’t influence the verdict.

    I feel once the jury goes into session that they will abide by the letter of the law. My recent jury participation made me realize this much-that, despite all of us wanting to say the man was not guilty, the letter of law said he was. He messed up because he took the stand and that’s where the letter of law came in-he was claiming self defense for hitting his girlfriend yet he testified to having no fear of her. I’m confident that the jury will find Casey guilty and justice will be served.

    Reply
  9. Apr 19 2011

    Hi Andrea and everyone here, Love your title and great write up by the way. I think the dumber than sticks defense team better forget about George and perhaps move on to Cindy, as there is a jail tape with Casey saying over and over to George none of this is his fault, he is a wonderful Father and also her buddy. Baez best forget the asking if George molested Casey , as he can’t be a wonderful Father and her buddy too and the jury believe he molested her. Like the Soup Natzi on ”Seinfeld show” i say to Baez and Mason, NO SOUP FOR YOU, NEXT~~

    Reply
  10. Apr 19 2011

    Hi Lona 1, your not alone. I am feeling it too.

    Reply
  11. Apr 19 2011

    Sherry, helloooooooooo from me and Louie. Meow~~

    Reply
  12. Laurali
    Apr 19 2011

    Sherry it is not very common. BUT if I were Casey’s Grandfather, LOOK OUT! Lol, Kidding. The defense team sure knows how to confuse themselves. They must have forgot they withdrew the good docs that talked to Psycho Mommy.

    Reply
    • Apr 19 2011

      Poor Grampa Plesea! I am surprised he hasn’t yet been implicated. After all, he’s a good guy, an innocent man and those are the ones the defense prefers. Now, they are stuck with ol’ George.

      Reply
  13. Apr 19 2011

    Will Grandpa Pleasea be Baez next victim? Lmao. Oh wait, perhaps Rick Pleasea, he does contest his sister Cindy.

    Reply
  14. Apr 19 2011

    Sherry, good points. You said make the jury feel they are stupid. Baez can do that without even talking. Everytime i am subjected to looking at Baez and Mason my IQ plummets to near zero. lol. The jury will get so frustrated with Baez/dumbo and mumbles Mason that they will tune them out and just listen to Linda and Jeff, the only ones that know the law and can make perfect sense of this case. If there is not any bald men on the jury, there will be if they don’t tune the defense team out. haha.

    Reply
    • Apr 19 2011

      It is good that your IQ plummets-its a protective reflex. :mrgreen:

      Reply
  15. Laurali
    Apr 19 2011

    Hi Knight Owl! It is good to see you. I am off to bed.

    Andrea you are a very talented writer, thank you for your wonderful post!

    Reply
  16. Apr 19 2011

    Later guys. movie time.

    Reply
  17. Apr 19 2011

    Laurili, just saw you pop up. Thanks and it is sooooooo good to see you also. Cannot wait for the trial.

    Reply
  18. Apr 19 2011

    Oh before i go, Laurali, you just gave me an idea for a title for crazy Casey’s book, ”Psycho Mommy”. lol.

    Reply
  19. Lona1
    Apr 19 2011

    somewhere from the net,

    If George does think he is saving her by not denying that he did molest/touch her than I think the state should play his bluff and arrest him for sexual battery on a child/teenager/young adult and see what happens. He should go to jail and be registered as a sex offender.

    Reply
    • Apr 19 2011

      ITA!
      There’s no statute of limitations for sexually molesting a child in Florida is there?

      Reply
      • CptKD
        Apr 20 2011

        Shouldn’t be!

        Shouldn’t be on MURDER, either!

      • Apr 20 2011

        Thanks, CptKD! Each State has their own statutes and I wasn’t sure about Florida’s.

  20. Lona1
    Apr 19 2011

    HLN=JVM
    And to that point, now Casey Anthony`s defense team has unveiled some evidence that they may present at trial that supposedly has to do with the rare duct tape that was found on the little girl`s mouth somehow being connected to not only a gas can in the Anthony garage, but supposedly a local reporter saw this duct tape on George Anthony`s table after Caylee disappeared.

    Very quickly, ten seconds, Jeanne, do you think they`re going to try to blame George? Yes or no?

    CASAREZ: Golly. He`s a prosecution witness. They`re going to try to impeach him and find inconsistencies. But that duct tape was for posters on the telephone poles to try to find Caylee.

    Reply
  21. Apr 20 2011

    I don’t believe Blaming George will fly, even if Baez tried to put it out there in court that George wouldn’t even show up to court if it would help Casey. Casey can’t excuse away the Nanny. And the name ZFG, or she’s a 10 and a little bit more meaty! Jay Blanchard Park nor Sawgrass Apts. No Slam dunks or Hail Mary’s For the Defense team.

    Awesome article.. Now you get a free pass on this one!!!!

    Reply
  22. Feb 11 2013

    For such a/an material you should receive the Noble Prize. But seriously speaking, big thank you for exhaustive elaborating on the topic and explaining a couple of issues.

    Reply

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