Defense closing argument.
Good morning ladies and gentlemen. I too would like to thank you in behalf of the defense. For the sacrifices you made. Both saw how much attention you pay, and hasn't been lost on us. I want to thank you both individually and collectively for that. Thank you
here we are, at the end of our journey, and I think I have to tell you that I think you have more questions than answers.
at the end of the day when everything is said and done, the key question in this case will never be answered, it can never be proven. And that is, how did Kaylee die? there is no dispute that Kaylee passed on. So really, with all the charges you are presented with, we don't have the answer to how she died. those questions were never answered. In fact there were great deal of things that the prosecution was looking for but never received.
This is my last opportunity to speak with you. After I am done, the prosecution will cover jury instructions and the law, this is our moment to show you what we think the evidence shows in this case. When we are done, the prosecution will get up and show a rebuttal. I can never get up again. The state has the burden of proof here. They have the burden of proof in a case beyond any reasonable doubt, which is the highest standard that can be met. they have the opportunity to have the last word because it is their burden.
I told you in the very beginning in jury selection it is not a two-sided affair. The state has the only burden here. And while the defense put on the case and put on evidence, we could've set back and offered not one single witness and it still would've been the burden of the state to prove every element.
Andrew: we talked to jury selection, we spoke about elements of the case. I want to give you a little bit more detail about that.
We are here for serious matter. You will love your homes to try to resolve the serious matter of fact. Your guidance will be the law. what is important is that you follow the law. No one has the right while deliberating to base their decision on emotion.
I want to talk to them what I feel about this case. I would then outlines states case. I want to talk about a piece by piece. My presentation will be a little bit longer than Mr. Ashton's. I want to show you what the evidence shows. You need to rely on your recollection, what we say is not evidence, but it's important for you look at the evidence. There were lots of delays in this trial, what you have to look at the evidence by the left witnesses testified to. this is our purpose in coming up to talk to you. We're trying all the pieces together so you can look back and say yes I remember that happening. So that is the purpose of what I am going to do when I talk about the state's case.
even though the law says the defendant has no burden and doesn't have to prove anything. Then after that Mr. Mason will get up and explain what the charges are and explain the judge's instructions to you. How they apply to the defense's case. How they applied to the states case.
finally I will have my last remarks. These are something, points that I think you should hear before we sit down. Then Ms. Drane Burdick goes up.
this case deals with so much emotion. There were times when every single person in here with affected. But what should we do when we are guided by emotion? In deliberation this case should not be decided because you feel sorry for anyone. we want to decide this case on the evidence, not on the motion. Well there were times when the emotion was directly pointed at you, draw into your emotions. The law says your burden is based on evidence, not on emotion.
Caylee Anthony was a beautiful innocent child. that is not disputed by anyone. But to invoke your emotions is improper under the law and under the rules of deliberation. that is the way the state presented this case. Mr. Ashton showed you a video little Caylee, started talking to you about what a mother should and should not do. not only was this not evidence, but it was to invoke emotion. And that is what this case is about. Motion is completely new relevant. The state presented Casey Anthony as a slot, as a party girl, someone who lies. And you would dishonor the law and Caylee's memory if you were to base your decision on anything but the evidence.
The state came out and paraded all these people and throughout this process they all came back with the same evidence that Casey was a good mother.
A child cannot fake love; has the Casey treat Caylee and vice versa?
we would here for six weeks and the state can give you one single incident having to do with child abuse. Not one. , it was deliberate it was methodical and was detailed. Every single thing and place that Casey went and did, you would've seen it, would've become clear, child abuse charges would've shown up. When did anyone get on the stand and demonstrate that Caylee was abused.
if there is an abused child people know it. this child was loved and well taken care of, and from one moment to the next something happens. whatever happened was sudden and immediate, not premeditated, but something from one moment to the next. You have to rely on the evidence. I agree with something Mr. Ashton said, you cannot speculate. You don't know what happened, it wasn't proven. They can't tell you this happened. We can go on and speculate all day long with different theories and possibilities, but it must be something that was proven. There should be no mystery before you right now. But it was not proven. It is as simple as it gets, and that is exactly what was done. The textbook prosecution, using the finest labs in the country, but with all of the resources, and established areas of forensic science, points would that we never testified before a jury, you are the first ones to ever hear any of these types of evidence, and that's what I told you from the very beginning. (Claiming the state has a lack of evidence.)
If you hate her, if you think she is a lying slut, you will start to think maybe I've seen something that wasn't there. This has less to do with evidence and more to do with who she is.
You all sat here and so some bizarre things that have been going on long before Casey was ever born, in her early life. this is not stuff that is a new. There is something wrong here, something not right. This is what makes that behavior relevant. But at the end of the day it is irrelevant. But we still need to learn how did she die. Do not speculate as to that fact.
I want to start with the car. What is unique about the car, it does not shed any light on how Caylee died. all of this discussion that came around that seemed irrelevant evidence had to do with the car. Because what the court does it answers how Caylee may or may not have been transported. It does not say how she died.
We weren't going to allow the state to put a square peg in a round hole. who had possession of the car, all the time. was actually a body in the back of the car? does the court tell us how Kaylee died? No. Casey acted inappropriately, she should've called the police; not attempt to block this out. There is no doubt about that. That issue was never debated. But if there are crimes associated with those acts, the state has the ability to charge her with whatever crime, they don't have the right to overcharge her, and make it something it is not, just because everyone wants to know. This case is some mystery. We got tons and tons of evidence that shows how it influenced people's actions from both sides. But we do not know what actually occurred.
I want to start off with the issue of the call. [To white board ...]
I used these boards in my opening statements. I think going back to them is a good idea. You recall how Kaylee was last seen on June 16, by George Anthony on the testimony of George A. the indictment reads from June 15, and it raises the question whether the state of Florida believes that she was...
Look at the indictment, look at all of the instructions. Tony testified Casey ran out of gas and Tony went to help her get gas. They went to the Anthony home and in the back of the backyard there is a shed where they got the gas. You'll recall his testimony that when they went to pour the gas, Casey did not say don't get near my trunk. They poured the gas in the car, open the trunk. If she had a body in the car she would've told Tony hey take care of it. If the body had been in the car, this young man would've smelled it. Why didn't he smell it? that's because the court didn't smell at that time.
You also remember a young lady, one of Tony Lazzaro's friends girlfriend. She said she had been in Casey's car, remember they all went to McDonald's? Maria Maria and her boyfriend sat in the backseat, but she did not smell decomposition, yet two years later it still smelled.
then you recall the incident with the gas can. George reported it missing on June 24. I labored over these gas cans during the trial, who in the world would put gas cans there? How many times has someone in the United States called the police to say someone stole gas cans from me? it is not a coincidence. You couldn't have odds worse than the lottery, that's how bad it is.
Then on the 30th, recall Mr. Simon Birch testified the tow yard sent out a notice. What happened this entire week? why did Mr. Anthony wait until the 15th to pick up the car? why? remember this fact, Mr. Birch said when Mr. A went to pick up the car, he showed up with a gas can. he knew the car was then that the Amsot for three days. When Mr. Anthony her this testimony he got up on the stand and said he found out it was there for three days when he got to work. how when the world did Mr. Burch know that the car had been at the Amscot lot for three days?and when he got there you'll remember it smelled the smell of death. A smell you never forget. And of course George do whatever responsible parent would do, just go home and go to work. Nothing. No call to find out if my daughter is alive, who hasn't been seen since 24 June. No call to see if my granddaughter is alive. He didn't do any of those things.
The state's evidence doesn't make sense. if they had spent as much time following George Anthony as they dig Casey they would've found out a whole lot more.