There is a lot to discuss these days regarding the State v. Casey Anthony case. Just yesterday, the defense filed 3000 pages worth of depositions and we got teased with juicy reports from them, but have yet to see them; Casey Anthony had another bad birthday in jail, and also, the story about the Judge Perry’s rulings. The news was surely not the icing on Casey’s birthday cake, but the rulings were sure sweet to us!
I think many of us, myself included, realize now just how strong the case against Casey is. As a result of yesterday’s rulings, justice for the beautiful little baby who desperately needed protection, but found none, is nearly assured.
The Agents of State Ruling
Last night I discussed the Universal Studios interview ruling which allows statements, both written and spoken, to come in to the trial. The other showstopper ruling by Judge Perry allows all the jail videos of Casey in to the trial. Those videos will be damaging, too. And that initial phone call from jail that Casey made. Remember that? That phone call is exceedingly harmful for the defense. How will they overcome that phone call? The jury will see the true Casey, only concerned with talking to her boyfriend; not in the least concerned about Caylee and angry that all her family is thinking about is Caylee, not her! She refers to her phone call as “a waste, a huge waste” when she didn’t get the sympathy she wanted.
How in the world can the defense overcome this phone call in the eyes of the jury? Perhaps they could argue that Casey was not concerned about Caylee during that phone call because, heck, she’d been arrested on a “f__king whim.”
So, the second ruling issued by Judge Perry last evening is another show-stopper. It may even be more damaging than the statements to police.
Personally, I never believed this was a strong argument for the defense since the Anthony’s were hardly working at the behest of Law Enforcement. Cindy already had a contentious relationship with John Allen and Yuri Melich, and hardly wanted to do their bidding. In fact, they were becoming harmful to the case, as we know. When the Anthony’s began to realize the finality and the totality of the charges against Casey, they dug in their heels to defend her. But, this was long after the video taping at the jail.
The fact is, the state will use these videos and the phone call to illustrate who the real Casey is: someone who is rude and hateful to her parents, who couldn’t bear to talk about her daughter, and who saw herself as a victim by virtue of being in jail.
In his ruling, the Judge writes that the test to determine if law enforcement officials are coercing someone to be an agent of the state depends upon the “perceptions of the suspect, not the intent of police.” Judge Perry goes on to say:
To determine if whether a private individual acts as an agent of the state, courts consider all of the circumstances and the following two factors: (1) whether the government was aware of and acquiesced in the conduct; and (2) whether the individual intended to assist the police or further his own ends.
It appears as if this test is to consider Jail-house snitches, not family members! The strange aspect about the defense’s presentation of their motion is the fact they did not put Robyn Adams, Maya Derkovic, or Sylvia Hernandez on the stand, though they were all named in the motion.
Judge Perry found that the members of law enforcement did not in any way “use” the Anthony’s to further their case, or walk over Casey’s Constitutional Rights. Judge Perry found that because the Anthony’s “were acting independently of law enforcement, they cannot be deemed “agents of the State.”
Todd Macaluso Bare-Bum on the Beach??
One of the most amusing stories to come out yesterday was John Allen, in a defense deposition, advised that there’s a video out there with Todd Macaluso and another man dancing nude on a beach!
Here’s the dialogue that was included in the a story published by the Orlando Sentinel:
Allen: “I remember at one point the guy that was on the video running around naked with a guy holding hands on the beach —
Baez: “Todd Macaluso.”
Allen: “He was on a video, a U-Tube [sic] video running in the water holding hands with some other guy naked. You probably saw it, right?”
Mason: “Was it Jeff?”
Allen: “That guy stood up in court —”
Drane Burdick: “I’m sorry, you said (Assistant State Attorney) Jeff Ashton?”
Allen: “The guy he was holding hands with wasn’t Jeff Ashton …”
Drane Burdick: “Was it Jose?”
Baez: “It was not Jose.”
Baez then asked that they go off the record. “I’m trying to get this picture out of my head,” he said.
You can’t make this stuff up!
I have to admit I’ve grown weary of reading or hearing about the Casey Anthony case. There seems to be very little “new” news – just more digging up of old dirt.
The only news of real note, (troubling news in my opinion), is the fact that so many of Casey Anthony’s lawyers are exiting stage left before the lights even come up on the stage… I mean, on the CASE.
I know very little of the newest lawyer on the case – I can’t even remember her name right at this moment. But I do remember the names of those who’ve bailed.
Bail-er number 1: Todd Macaluso, disbarred in California, was the first to go. Oh, but he doesn’t really count, does he? I mean, clearly he would have stayed with this show until the final curtain had he not been disbarred.
The others who less than ceremoniously bailed are: Andrea Lyon, the death penalty expert who never did win a motion nor gain any sympathy for Casey Anthony, recently claimed her costs outweighed her ability to work on the case. Personally, I was looking to Ms. Lyon as someone who could really make a difference and get the death penalty off the table, but she failed. (That was a lofty task, the Florida law is what it is despite what Andrea Lyon tried to make of it.)
And now, a few weeks ago, Linda Kenney Baden has exited stage left without even so much as a round of applause. The lights kind of just dimmed on her as she left the case with very little fanfare.
I find it so interesting, thinking back to the pomp and circumstance that brought these lawyers, especially Ms. Lyon, to the case, that they’d bail with so little fanfare.
Oh, they came on the case with mighty goals, didn’t they? My, they were going to help Mr. Baez prove Casey “innocent”. Yes, “innocent” they cried! Hah! They were so confident in their ability to prove Casey Anthony innocent that, instead of just selling books, they’d be hawking their own bobble-heads on QVC!
So, I ask you, would these lawyers abandon an innocent client on a trial that will surely have all the press as the O.J. Simpson murder trial? Would these lawyers walk away from an innocent with millions to be made in books and bobble-heads?
Not on your life.
They saw the writing on the wall. They saw what is coming for the defense, and it doesn’t look pretty.
Let me state the obvious. In my – non-lawyerly opinion, there is very little chance Ms. Anthony’s attorneys will bring forward a viable case. For goodness sakes, we know the tricks and the games they’ve played to date! The most recent of which is the fiasco surrounding Laura Buchanan, the woman who worked with EquuSearch in the early days, prior to the body of Caylee Anthony being discovered. It seems Ms. Buchanan has changed the tone, tenor and details of her story numerous times. Furthermore, this witness, allegedly, has been “playing” with evidence, too and is now under investigation herself.
Ms. Buchanan, allegedly, was a witness that the defense was hanging its hat on to “prove” that the body of Caylee Anthony could not have been in the vicinity where it was found until AFTER (or during – take your pick) the time when Casey was “unavailable” or rather, under arrest. Ms. Buchanan, it is also alleged, “tampered” with a document claiming the body could not have been placed off Suburban Drive….blah, blah, blah. It is all nonsense. All whole cloth.
There’s more to this Laura Buchanan story, but it’s mostly old news now. What is unknown at this time is whether the Orange County Sheriff’s Office will being filing charges against this witness who perhaps will be turned into a witness for the prosecution.
So, well, the defense team seems to have gained little from the EquuSearch records they fought so hard to get, but then never looked at, then fought again to get, then never looked at. The defense seemed to endlessly fight with Mark Nejame over who has access to those EquuSearch files. It was all quite tiring.
Now the latest fight will be over those terrible “coffin flies”.
Oh my. It turns my stomach to think of it, but sure enough, the presence of these tiny bugs means there was a process of decomposition happening with a human body in the trunk of the car driven by Casey Anthony. (A BODY, not a squirrel.)
It seems there are different types of bugs that accompany different stages of the human decomposition process. I am not at all sure I have the stomach to discuss this, so suffice it to say, coffin flies don’t just “show up” on the scene. They have to be invited by a deceased human body.
So, this is all the news that’s fit for me to print.
The next movement in the case will come on November 29, 2010 when a status hearing will be held. Casey Anthony should be in attendance…
I am home today with a miserable cold….my head is not in the mood to write, but I did want to remind us all about tomorrow’s hearing in the Anthony case.
I will miss seeing it live as I have to work tomorrow. Needless to say, I will anxiously await any online updates. It will be very interesting, to say the least!
As far as other news, well, it’s been slow. The fact that Todd Macaluso is requesting to be off the Anthony case is no surprise as he’s in serious trouble with the California bar. Macaluso has been facing disbarment; WFTV is reporting that he has been disbarred already.
Regardless, he is not in good stead in California, and has not been in a long while. But heck, he’s welcome in Florida!
I would imagine that the defense rues the day when Macaluso, blindly, stood up and made that blanket statement (in open court) about Casey Anthony’s innocence.
Remember? He stated that Casey is innocent and they can PROVE it? They claim someone put little Caylee’s body in the woods while Casey was incarcerated.
The prosecution has been asking for months now for proof to back that statement up and have gotten ZIP from the defense. This is why the defense is steadfastly trying to place one of the TES workers in the area where Caylee was located – to prove that Caylee was not there, hence Casey was not involved.
Now, maybe this is a silly question, but Macaluso has been in trouble for a while – why would Baez want to associate himself with a lawyer who is under suspicion and with such a shady past?
Makes one wonder about scruples. Does the defense team have ANY scruples? Can we make a list of any? I wish I could think of one or two.
However, if anyone can force scruples on a set of lawyers, I think Judge Perry might just be the one to do it.