What Is the Defense Strategy?

[jerseygirl48]

JB's reliance on "surprise" blew up on him once before:

http://articles.orlandosentinel.com/2009-03-28/news/baez28_1_baez-diaz-conviction

TAVARES -- A Lake County man, serving a 15-year prison sentence in the death of a toddler, wants his manslaughter and child-abuse convictions overturned, citing judicial and prosecutorial misconduct and the "defectiveness" of his defense lawyer, JosM-i Baez.

Baez is better known these days as Casey Anthony's lawyer. But last spring and summer he was busy defending Nilton Diaz.

Diaz, 31, says he did not kill or harm 2-year-old Noeris Vazquez, granddaughter of legendary Puerto Rican prizefighter Wilfredo Vazquez.

Diaz says he lost his freedom because of Baez's trial performance, strategy and failure to disclose evidence to prosecutors, a tactical decision that prevented jurors from viewing a defense video.

The video, created by a biomechanical expert, would have shown the jury how the toddler's skull fracture could have been an accident, according to new court filings.

In documents filed this week seeking a new trial and other post-conviction relief, Diaz said, " . . . Mr. Baez wanted to surprise the prosecution, and the surprise blew up in the defense's face."

More at link

I can't believe he'd be stupid enough to try it again ... especially in HHBP's courtroom. Wait ... yes I can ...

 

[websurfer]

well, that is a tough question.
What is thier defense?

No Nanny as a witness
No written script from Nanny & her sister.
Since that is where it all began according to her the park mugging & kidnapping.
No sightings or conversations of anybody anywhere/Seeing nanny with Casey or watching Caylee.
No need for a Nanny being jobless for 2 years.
No means to pay a Nanny no job for 2 years.
Why didn't the parents notice that Casey did not get W2 or any other kind of INCOME TAX forms?Or have to have her taxes done?
IRS contact?
Right there they should have seen something wrong with this picture.

Plus Casey did say
"SHE IS CLOSE TO HOME"
that will be a good title to the movie because that statement speaks loudly..and turned out to be the only true statement she has made so far..the only thing that really turned out to be a fact.
Everything else is pretty much fanatasyland...

 

[LiveLaughLuv]

I do not think HHJP will allow so much as the word PTSD to pass the defenses lips, nor any backdoor approach to mental health or a "state of mind" defense unless the defendant testifies. I think that will be open and shut on his honors part. Unless there is something in the Florida record that supersedes that 5 point test for allowing PTSD that was posted a few pages back, it just isn't coming in. HHJP has his clear test. he will use it and apply it in the obvious manner. The defense can either put forth a psychiatric defense, which means giving access to the state, or they can put the defendant on the stand.

Isn't this too late in the game to go for a MHD??? Shouldn't this have been established early on???

Putting ICA on the witness stand would be suicide but I do believe she would need to take the stand as well..

Can the defense use her chronic/pathological lying as a reason she seemed to be in an alternate reality? Jurors will look at her through jaundiced eyes in regards to all the lies. Is she telling the truth now or did she lie to cover the truth then...I believe this will be hard for the DT to overcome, unless it coincides with what their MH Expert states...but still appears to be an ambush to me...If it's only for the penalty phase, then I'd believe the DT feels she will be found guilty and are trying to get a prison sentence not a death sentence....JMHO

Justice for Caylee

Everyone lies because everyone has secrets! It is human nature. Everyone lies at some point of time in their lives, for one reason or the other. Some people lie out of guilt, to buy time, some out of desperation, but there are some who lie for no reason, other than habit! These are the victims of compulsive lying syndrome.

Compulsive Liar: Definition
There is a difference between compulsive liar syndrome and pathological liar syndrome. Pathological liars lie, with malicious intent, as they need to manipulate people for their own selfish purposes. Pathological liars know why they are lying, whereas compulsive liars lie out of sheer habit. For compulsive liars, lying becomes such a habit, that it almost becomes second nature. Read more on 'Symptoms of a Pathological Liar'

Once a compulsive liar lies out of habit, he has to manufacture one more lie to cover up the one before. With time, they have to create a web of lies to support earlier ones. This is how a compulsive lying syndrome traps the victim in a vicious cycle of lies. Compulsive lying disorder in children needs to be nipped in the bud, as it will cause major problem for the kid in future. Let us explore the reasons behind compulsive lying disorder, and what must be done to treat it.

Compulsive Lying Disorder: Symptoms
To treat compulsive lying disorder, one must first explore the symptoms, that can confirm if the person really has a compulsive liar syndrome. Here are some of the symptoms of compulsive lying syndrome, which may help you in identifying people affected by it. By using these symptoms, you can make a compulsive liar test, which can easily identify them.

Web of Lies:
People affected with compulsive lying disorder lie and they lie big time, for no apparent reason at times. You do not realize that you are being lied to, until you spend a considerable period of time with him or her. With time, you recognize the inconsistencies in the facts that are shared with you. The surprising thing is that the person continues to lie, even when he/she realizes that you see through him!

Eye Evasion when Talking:
This is a general way of catching people who lie. They generally evade eye contact when they are lying to you and look down or else where. If a person regularly talks this way, you can be sure something is wrong with him or her.

Short Temper:
When you push them to clarify their lies or you try to investigate, they lose their temper and may emotionally blackmail you, to stop you.

Impulsiveness:
People affected with obsessive compulsive lying disorder, are impulsive by nature. Their impulsiveness causes them to make a lot of mistakes, which they again try to cover up through lies.

Procrastination & Failure to Meet Commitments:
People affected with compulsive lying syndrome are known to be procrastinators and therefore, they often fail to meet commitments.

For more on this read:
http://www.buzzle.com/articles/compulsive-liar-syndrome.html

 

[websurfer]

Been going through the motions this weekend. Wow. Jb comes across as bumbling and inept to me on many occasions in his examination of witnesses. His disdain for them and smug attitude and actions inferring they are either stupid or lying, makes him look stupid, IMO. I have come to the conclusion that JB really just isn't a bright man, let alone attorney. I think he has no idea how he comes across. The jury will be repelled by him and his antics. I don't get him. he argues with the judge, he is rude to opposing counsel - how does he think these tactics will help win the case or get the judge to rule his way? It's embarrassing to watch him.

Ok I have since COURT TV started many years ago[ The Good Old Days] when we could just watch live courtroom drama actually happening in real time]
Many cases were focused on defense & they did manage to at least get along with everyone pro & con to the case.
But here?
It is like being in a NURSERY CLASS...or PRE_SCHOOL class?
we got one person writing, never looking at anyone, worried about what is on chatrooms about the person,gossip and all that.
So?
Yes it is more like it is a child who wants MOMMY & DADDY to LOOK AT ME!
Or just attention getting?
I mean BRING ME pictures of this NANNY with CAYLEE..bring me witnesses with pictures of them together and people who have seen and talked in person to them.
According to her she was taking her to the PARK,the beach, Disneyland...
where are the things she bought her at those places?
I mean come on now:floorlaugh:
Like I had said in another post
the key to this whole thing is that she did say
"SHE IS CLOSE TO HOME"
she was found close to home....

 

[Feebot]

You have to remember ICA will NEVER EVER admit that she had anything to do with Caylee's death, no way, no how. No accident scenario for her. She will continue to deny that she had anything to do with it until her dying day. I am sure the defense has tried to float that boat with no success. JMO

 

[zoey]

I guess the Defense team will have to come up with a good answer to that, but PTSD makes it easy for them. It makes you paranoid. So they can say she never trusted LE enough to tell them about it.
She can say she turned to her lawyer for help instead.

And that there is the problem....while everyone was searching for her missing baby she turned to her lawyer and he posed for the media---that one comment of his that he wouldn't let her talk because it would be used against her to me equaled a confession of guilt....anyone who is not responsible for their missing child is all over the press---showing emotion and whatever else--family doing all they can to help NOT HINDER law enforcement...

As for anything related to ga and abuse? I have always been under the impression the main person was la---and possibly ga.....so I bet la will get thown under especially after that "maybe" .....she wasn't happy....

 

[TallyHo]

You have to remember ICA will NEVER EVER admit that she had anything to do with Caylee's death, no way, no how. No accident scenario for her. She will continue to deny that she had anything to do with it until her dying day. I am sure the defense has tried to float that boat with no success. JMO

I have the same feeling about this, and I wondered if that was not part of why JB wanted to approach the bench - not in fear of the public as much as much as his client. When the camera panned toward her, she seemed unhappy and was doing a lot of talking with that young male attorney who was babysitting her at that point.

 

[strawberry]

2011.03.22 Defense Motion Clarifying Motion for Leave For Additional Witnesses
http://www.docstoc.com/docs/7480096...ing-Motion-for-Leave-For-Additional-Witnesses


The Defense is asking to add Sharon Cadieux and Patricia Young -- both women were involved in the George shoving incident and filed battery charges Sept 7, 2008.

http://i.cdn.turner.com/cnn/2008/images/09/08/9-7.battery.report.pdf

And then .... we have the angry George shoving his own father through a glass window/door at their auto dealership in Ohio ....

And .... now we have the Defense scrambling to add "state of mind" experts to their witness list ....

Good catch on Patricia Young! I just saw TES and didn't look further into her. Someone else may have posted this but here she is after about 1:15:

[ame]http://www.youtube.com/watch?v=senJtpE-kL0[/ame]

 

[strawberry]

What exactly is the general consensus here as to what exactly the defense has in mind for GA? Accusations that he abused Casey for the penalty phase? George is the one responsible for Caylee's death? In either instance Casey was deathly afraid of her father?

Which is ridiculous. My daughter is afraid of her father. He's never hit her but he's loud, big, and mean. She WILL NOT stand up to him (she's about ICA's age: 14). ICA on the other hand supposedly said "Here's your effin gas cans", and yelled at him til he left the house. No way no how would she do those things if he had abused her til he terrified her.

 

[strawberry]

I DON"T THINK THEY ARE GOING TO TELL HIM. I bet they will blindside him during the trial. Why tell him anything?

I don't know..I'm beginning to wonder if the line of questioning where JB asked him if he would do anything to save his daughter was part of the agreement. Hey, George if you take the fall we'll make sure the general public knows you didn't really do it. Wink wink. :waitasec::crazy:

 

[strawberry]

I don't know..I'm beginning to wonder if the line of questioning where JB asked him if he would do anything to save his daughter was part of the agreement. Hey, George if you take the fall we'll make sure the general public knows you didn't really do it. Wink wink. :waitasec::crazy:

Quoting myself. On the other hand, the motion does not mention their involvement with GA at all. One passed her off as a TES searcher and made it sound like that is why they want her. The other did not say what their "good cause" was which is why I googled her and found out why. Maybe someone should email GA's lawyer.

 

[pip]

I think Cindy is going to be equally under the bus in all this as George. I really believe they both are willing participants though. One question that is boggling my mind and imo, very relevant to the scheme, is the one Baez asks George in court, "so if even not showing up to court would help save your daughter, you would do it?" (Not verbatim, but to the effect of) George replies yes, absolutely. Anyone have any theories on why this is important for Baez to ask him? The question and answer seemed so staged, pre-planned and important for the record for some reason.

 

[Mystic]

Remember when JB was questoning Yuri at the last hearing? JB was highlighting all KC's lies to LE and everyone wondered why her lawyer would say these things in open court. Maybe that was JB laying the foundation for this whole thing. KC would never have to testify if the DT keeps asking LE and the ME 'Can you rule out drowning? an accident?' They will bring the accident in through the testimony of others...not KC.

Great Point Paintr! What drives me nuts in there are lots of liars that do not murder... yet most murderers will obvsiously lie. ICA has no mental illness and her lying or fantasy world she relayed to everyone was part & parcel of her way of being in the world. Was that way to the extent her long time friends knew and just brushed it off as Casey. So there is no leap to diminished capacity imo... she does what she wants and tells a story and if you don't believe her tough type of thing. Now she's in a situation that this isn't going to fly and a jury seeing her history are not going to buy it imo

If the DT wants to remove the nanny story, soddi who did it or moved the body and go for an accident & cover up.. that's great, since then the DT places Caylee's death at ICA's hands .. right where the SA wants it to be. The issue is then if a known story-teller/liar is now lying due to diminished capacity, imo I doubt they will buy that story, she's just another murderer with no remorse or guilt.

 

[Numbers]

I love this saying! When I see JA and LDB at the beginning of a hearing - it's like they are saying "Giddyup Jose!" "Let's see how long you can stay on that horse today!" :great:

And of note is the fact he hasn't lasted the full 8 seconds yet.

 

[Mystic]

You know what is scary? This just might work. Look at all the people who still support the A's and send them cards and money. People have kind hearts. Those average people make up the jury. They won't want the DP for someone so young and this might be a reason/story the jury can live with.

That is scary. You always have such great points! What I notice is that people attract to them where they are in their mind set. The A's are in victim consciousness and although those supporters may be kind hearted they are more then likely relating to that. Others are just supportive of the loss; regardless of anything I can empathize with the loss of their grand-daughter. Hopefully the Jury is made up of people who may empathize but have it together enough to know the only victim is Caylee. The A's are in a deep Toxic state of mind and it comes off pretty badly when they testify... hopefully that turns off any avid supporters that is on the Jury. I'd be really surprised if she gets the DP anyway, rotting in prison for the rest of her life just may be enough Justice for me.

 

[Softail]

I think Cindy is going to be equally under the bus in all this as George. I really believe they both are willing participants though. One question that is boggling my mind and imo, very relevant to the scheme, is the one Baez asks George in court, "so if even not showing up to court would help save your daughter, you would do it?" (Not verbatim, but to the effect of) George replies yes, absolutely. Anyone have any theories on why this is important for Baez to ask him? The question and answer seemed so staged, pre-planned and important for the record for some reason.

Because he is not planning on showing up for the trial? :waitasec:

His early interviews with LE are about the only time he was honest. Those interviews are pretty damning for Casey. He was very honest with LE that the smell was decomp. HE KNEW it, but in his heart didn't want to believe it.

 

[LancelotLink]

Someone help me here.
AF filed for the penalty phase, Dr. Weitz.

But CM files as witnesses the two doctors, the various others, landscaper, protesters, etc.

Did they trot AF up there as cover? Have her talk about Weitz as it pertained to her motion, sort of couching the other motion within without saying we plan to use him as well in the case in chief?

 

[logicalgirl]

Okay I'm back and my headache is gone. And look what the Gods have blessed us with this morning.

Here's what I have to say about the jury's response to the whole PTSD :ignore:

And here's HHJP saying :denied:

But that was a great discussion last night - thank you! illowfight2:

 

[logicalgirl]

Someone help me here.
AF filed for the penalty phase, Dr. Weitz.

But CM files as witnesses the two doctors, the various others, landscaper, protesters, etc.

Did they trot AF up there as cover? Have her talk about Weitz as it pertained to her motion, sort of couching the other motion within without saying we plan to use him as well in the case in chief?

Yes, you are right - there was lots of humming and hawing and "er - your honor" going on and the SA's hinky meter was definitely running on high...

 

[LolaMoon08]

I think a lot of the "supporters" of the Anthony's - especially back in the beginning were only there to be a part of a big story (Joy Wray for example). I am sure that they get letters of support from people who really do feel their pain and want to just say some kind words. I don't think these people think that Casey is innocent, but they feel bad for George and Cindy losing Caylee... because we all do know how much they did love Caylee.

There is no way, imo, that George or Cindy are willing to take any blame for what has happened. They may be to blame for the person Casey turned out to be... and it had nothing to do with abuse... more like turning a blind eye to her out of control behavior and not nipping it in the bud at a young age. They allowed her to get away with everything. They lied for her and covered up for her. The enabled her. But to take any blame for the murder of their precious granddaughter? No way!

Remember back early on in this case when George told LE about the gas cans? You know why he told LE about the gas can incident? Because he feared that Casey had done something (murdered Caylee) and his gas cans were part of that crime. Those gas cans were in his home! In his shed! He was scared to death that some kind of evidence was on those gas cans and he needed to tell LE about that incident so that LE knew that Casey had access to those cans and that they weren't soley in his possession.

As for the question Jose asked George about not appearing in court... that is a lot different than taking any blame for the murder of Caylee and George will be there when he is told to be there. He's going to show up.