What Is the Defense Strategy #2

A far as "what's the defense's strategy", I think they're still trying to come up with one they think might have a chance of flying.

They can't go with an accidental death because of the duct tape and Casey's behavior during those 31 days. There's no getting around those party pictures that show anything and everything except grief.

Casey could change her plea to guilty and throw herself on the mercy of the court and beg for life in prison instead of the death penalty. If that were the case, the defense would paint a picture of a horrible home life, Casey living in fear of both parents, etc. in order to cast blame elsewhere. She would blame her parents for everything in hope of the court showing pity on her.

But, I seriously doubt that Casey would even entertain the thought of pleading guilty. I've always doubted that JB was honest with Casey about her chances, and instead led her to believe she would walk free. From the beginning I think JB considered this case his ticket to fame and he's the one who didn't want to make a plea deal. In one of her letters to Robin Adams, Casey wrote about the plans they could make once Robin got out of prison and Casey was free. I think a guilty verdict in this case will be a complete surprise to Casey.

In another letter to Robin, Casey told Robin that JB told her the case would end in a mistrial. That makes me concerned that JB is planning on doing something that would make this to go to a mistrial.

At this point, I don't think the defense has a real strategy in mind other than to try to attack the evidence and plant doubt about both the evidence and the witness testimony.

One thing I'm certain of.........the defense plans on painting Casey as a victim of abuse from her parents. This will definitely be a part of the penalty phase of the trial, but I think it will come up at some point during the guilt phase too.

Since her arrest on October 14, 2008, Casey hasn't had a jailhouse visit with her parents. I think that's been part of the defense strategy. The defense wants to portray Casey as not wanting to have anything to do with her parents.

I also think that JB didn't want any jailhouse visits because he knows that the family situation is volatile and he wanted to avoid any more videos released to the media showing Casey's anger.

We'll soon see what the defense strategy is, but I don't think there will be any surprises.

Leila said:

It's frustrating to hear JB keep referring to discovery as "that was leaked to the media." He knows darn well about the Sunshine Law, and knows the state did NOT "leak" anything to the media.

I count that as a very underhanded and unprofessional attempt to try to paint the state in a bad light through his choice of words.

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Jose would also be wise to remember that we have seen the proof of him sending information to the media himself. Heck, that's one of the reasons why I either mute or change the channel when Beth K dares come on my tv! If I am remembering correctly the emails that were sent to Beth were part of a motion that was sent to Beth before they had even been filed with the court. Jose better watch his step because I feel sure that there are several watching his steps for him.

IMO the defense has no strategy nailed down yet. I think they were waiting on all motions they filed to be ruled on and now that most of them have....they are crapping down both legs and grasping at straws. I don't think there will be any "aha" moment during opening statements like JB stated in so many words. They are up a creek without a paddle, in the end ICA will get a guilty verdict with DP or LWOP and the DT will all have their names muddied in the process and not be talked about for their stellar representation and defense of ICA but of the stupid crap they tried to pull while doing so. JB will not ever be taken seriously as a lawyer and his "career" as a lawyer will be finished. So much for becoming DP qualified!

Leila said:

There is a police report. I agree that the whole incident with the gas cans being stolen wasn't about the gas cans.

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Who reports gas cans stolen to the police anyway? And not your daughter missing for 31 days? Strange family!

Softail said:

My DH keeps saying.. Jose will become a talking head on some news show...

I keep telling him... or rather asking him.... REALLY? Nobody respects him at all... how can that be?

I think this has truly backfired on Jose. Really.. he has become a laughing stock of the legal community.

And the public community!

I still say... as soon as the verdict is announced... CM and JB will run as fast as they can, and Casey will be left with Public defenders until she get her death.

My only wish is that they change the rule in Florida, and put her to death with 3 or 4 pieces of duct tape.

Yep! I said it! And mean it!

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BBM: I have been saying the same thing for almost 3 years now. However, I think he is angling for (and may already be in talks or negotiations) a spot as a legal analyst on one of the many Spanish language media outlets, TV or radio.

Probably down in the Miami Dade area where they may not know quite how incompetent he is! If I remember, isn't that where he wanted the trial to be held?

Softail said:

Good Grief! At this point the only possible defense can be illowfight2: with the prosecution! I mean really... they have nada, zip, zilch....


:seeya: Casey!

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...which makes me wonder why they're always smiling in Court. What the heck do they have to be happy about?

RR0004 said:

...which makes me wonder why they're always smiling in Court. What the heck do they have to be happy about?

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It has been a good while since I have earned a traffic ticket (knock on wood!), but I remember hating the fact that the attorneys, police officers, clerks, etc. were all smiles in court, meanwhile I was sitting there miserable waiting to be embarrassed and fined-now as a more mature adult, I understand and I am not so bitter...I guess my point is that, as much as they work my nerves, her defense team gets to walk free and home to regular lives every day, maybe they have personal things to be smiling about, maybe they are in (otherwise) good moods.
I DO wonder why the defendant is smiling-under threat of the death penalty and having walked in from the pits of jail, I would find it very hard to smile at all, let alone giggle or laugh.

RR0004 said:

...which makes me wonder why they're always smiling in Court. What the heck do they have to be happy about?

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They seem to have something up their sleeve.

RR0004 said:

...which makes me wonder why they're always smiling in Court. What the heck do they have to be happy about?

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You have forgotten Jose now famous statement from the last hearing - :floorlaugh: ...

Just because you are smiling, it doesn't mean you are happy! (talking about the blue hoodie shot of ICA when she was being arrested)

The closer we get to trial, the more I wonder about any kind of strategy. It just seems to me that the DT has no way to explain anything in this case. With everything that is coming into trial, it takes more and more away from any possible defense.

At this point, the only thing that I expect to hear from the defense during opening statements are

"We rest our case":rocker:

Just Jayla said:

It has been a good while since I have earned a traffic ticket (knock on wood!), but I remember hating the fact that the attorneys, police officers, clerks, etc. were all smiles in court, meanwhile I was sitting there miserable waiting to be embarrassed and fined-now as a more mature adult, I understand and I am not so bitter...I guess my point is that, as much as they work my nerves, her defense team gets to walk free and home to regular lives every day, maybe they have personal things to be smiling about, maybe they are in (otherwise) good moods.
I DO wonder why the defendant is smiling-under threat of the death penalty and having walked in from the pits of jail, I would find it very hard to smile at all, let alone giggle or laugh.

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She is a sociopath and everything she does is for effect. Everything.

She smiled "broadly" when her picture (for her Visitor's pass) was taken at the Sheriff's office - coming back from Universal. To her this is "all eyes on me" and she is writing everything down because it keeps her occupied.

She makes huge mistakes by thanking her mother for lying about the dryer sheets. She smiled when her father was giving LDB a hard time, she rolled her eyes when her father "lied" about the time she spent handcuffed in the patrol car - he said close to an hour and she shook her head "in disbelief', after her brother said "maybe" referring to the fact that he might have lied to her, KC motioned with her hand to the para sitting next to her as if to say "this is what I have to work with".

Everything she does is either for effect or the truth comes out - as with the smile to her mother, the rolling of her eyes about her father's testimony and the hand gesture after her brother's testimony.

She also gave the "finger" to the cameraman surreptitiously, but she did it. She is her own worst enemy. IMO

A_News_Junkie kindly posted (in Today's News - No Discussion Thread) the final interview with Jose Baez, plus breaking news of the chloroform evidence in.

I make a huge effort to read or listen to all the new news releases as they appear day to day.

But at this point, I can tell you I got three minutes into Jose's interview and thought to myself, and may have even been caught muttering at my screen, there is no way I am listening to this complete carp!!!:maddening:

It was bad enough to listen to the talking head saying the chloroform evidence is insignificant, but to then listen to Baez saying this is about a terrible tragedy - my client - whose life is at stake...a couple more sentences and I hit the stop button.

I am way too far down this road of evidence to listen to complete nonsense - and bog down, clutter up my brain with mistruths and downright lies.

Yes, Jose - this is a terrible tragedy - this is a tragedy about a little girl who was 2.5 years old - who trusted her mother to care for her - who was killed by her own mother and thrown away in a garbage bag by the side of the road like so much trash.

Mr. Baez - you are earning the bus that is heading towards you and your client - oh wait - that isn't a bus - it's a train!

logicalgirl said:

It was bad enough to listen to the talking head saying the chloroform evidence is insignificant

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If it is so insignificant, why did Jose try to hard to keep it out.

She researched it and there was 10,000 times the "amount" one would expect from decomposition (the usual is 8 times the norm). It sounds to me like Caylee was fighting her when she used it and the chloroform got all over the place.

For there to be this amount of chloroform in the trunk of the car, KC had to have spilled it and there is only one reason she would have done that and that is if Caylee were pushing her hands away and I would go with that if I were the prosecutors.

KC really does deserve to go to jail for the rest of her life.

Solace said:

If it is so insignificant, why did Jose try to hard to keep it out.

She researched it and there was 10,000 times the "amount" one would expect from decomposition (the usual is 8 times the norm). It sounds to me like Caylee was fighting her when she used it and the chloroform got all over the place.

For there to be this amount of chloroform in the trunk of the car, KC had to have spilled it and there is only one reason she would have done that and that is if Caylee were pushing her hands away and I would go with that if I were the prosecutors.

KC really does deserve to go to jail for the rest of her life.

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BBM
Hi Solace...... In the beginning Michael Baden and Kobilinskythought it was important enough to do air tests on
WFTV Dr. Michael Baden (09/04/08)
http://www.wftv.com/video/17394332/index.html
@ 0:55 MB: Chloroform would have to be investigated because that’s a potential cause of death. @ 1:20 MB: A parent, usually a mom, will put a kid to sleep by putting over a nose or mouth and cause it to lose consciousness. @ 1:44 MB: If a baby is sleeping, apparently sleeping at times convenient times for the mom, one has to seriously consider where or not something’s being done to put the baby to sleep. @ 2:16 MB: It may work ten times but the eleventh time too much is given the baby dies.

Dr. Kobilinsky on CNN Nancy Grace (12/02/2008)
http://www.wftv.com/video/18185480/index.html
@ 0:32 LK: Yes I’ve said this before Nancy the idea that pizza would create that kind of smell is just doesn’t make any sense and I’ve said this sounds to me like decomposion of either an animal or a human being but not a pizza. @ 1:57 LK: Actually no those ingredients by and of themselves an alcohol an organic solvent those ingredients are not going to contribute the chloroform that is needed to make I’m sorry the chlorine that is needed to make chloroform. You make. NG: I thought alcohol was necessary to make chloroform. LK: Well yes but something like bleach, sodium or potassium hyper chloride bleach would contribute the chlorine and then together with the alcohol or the acetone. NG: So acetone is used. LK: It can. NG: Ok. LK: It can be a component. NG: At first you said no. @ 2:32 LK: No you need a source of chlorine to convert that acetone or ethanol into chloroform.

and these interview were done all before Caylee was found.
and this one was the day Caylee was found
Forensic Expert Michael Baden (12/11/08)
http://www.wftv.com/video/18254916/index.html
@ 0:26 Nature of duct tape, the nature of the black trash bag, cause they can tell if it came from the same roll and they can tell an awful lot from that duct tape. @ 1:04 Meanwhile they still have to determine cause of death.
@ 3:47 MB: If it’s chloroform poisoning, as was indicated in some of the findings remember in the toxicology and the air sample there might still be evidence of chloroform in that bag and I would hope that the laboratory is able to get an air sample there might be some evidence of chloroform from in the bag before the body is taken out you know because to see if there’s any chloroform there. If there’s chloroform there that’s a potentially a good cause of death and that may also indicate that the death was not intentional but accidental you know putting the baby to sleep so that somebody can go out and be and inadvertently the baby dies it’s a lesser charge than first degree murder.
So it seems everyone on the defense side was already throwing the accident theory around but imo that has long flown and this defendant will have to face her decisions now by being judged by her peers in a court of Florida Law. This defense has no way imo to rebut the State of Florida whatsoever. ajmo

Solace said:

If it is so insignificant, why did Jose try to hard to keep it out.

She researched it and there was 10,000 times the "amount" one would expect from decomposition (the usual is 8 times the norm). It sounds to me like Caylee was fighting her when she used it and the chloroform got all over the place.

For there to be this amount of chloroform in the trunk of the car, KC had to have spilled it and there is only one reason she would have done that and that is if Caylee were pushing her hands away and I would go with that if I were the prosecutors.

KC really does deserve to go to jail for the rest of her life.

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SOLACE, Caylee was a bright little girl. I got this visual of her realizing that something terrible was happening and starting her "fight or flight" reaction. Your post has just made me come back to thinking about the order in which she used the duct tape and the chloroform. I wonder if Caylee was kicking and hitting at Casey, thus making the chloroform spill all over the place. Perhaps her mouth had already been covered, and to put the final evil touch to it she taped her hands and feet. Heart sticker on the mouth just because she IS SO EVIL.

celticthyme said:

SOLACE, Caylee was a bright little girl. I got this visual of her realizing that something terrible was happening and starting her "fight or flight" reaction. Your post has just made me come back to thinking about the order in which she used the duct tape and the chloroform. I wonder if Caylee was kicking and hitting at Casey, thus making the chloroform spill all over the place. Perhaps her mouth had already been covered, and to put the final evil touch to it she taped her hands and feet. Heart sticker on the mouth just because she IS SO EVIL.

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But this means that Caylee had to have been in the trunk area when she was given the chloroform or KC was making it in the trunk area and it spilled. I don't know.

Anyone know when she backed the car into the house. I think it was after the 16th. I guess that is OT. Sorry

She backs up the car into garage on June 17th - neighbor saw her and said first time he ever saw her do this.

But she, imo, killed Caylee around 4 on June 16th - IMO.

I don't know when she dropped the chloroform or how she did it, but Caylee was in the trunk on the 16th - and KC was at blockbuster around 7 or so. So the deed was done by then.

Found this: Proably redundant, but can't help myself.

4:10 pm KC attempts to call Gentiva
4:11 pm KC attempts to call CA’s cell.
4:11 pm KC attempts to call CA’s cell. (24 seconds after last call)
4:13 pm KC attempts to call CA’s cell.
4:13 pm KC attempts to call CA’s cell. (25 seconds after last call)
4:14 pm KC calls Gentiva, 1.6 minute phone call.
KC’s cell phone pings showed her at or near the Anthony home until 4:18. At 4:18 she tracked northward.
4:19 pm KC calls TL, 1 minute duration.
4:21 pm KC attempts to call JG.
4:21 pm KC calls JG, 1.25 minute duration. (24 seconds after last call)
4:25 pm KC attempts to call CA’s cell.
4:25 pm KC cell phone pings show her tracking westward.
No activity on phone for 2 hours and 7 minutes. [NOTE: Up until this point KC has gone no more than about 30 minutes at a time not texting or calling some one.]
BB returns home at approximately 6 p.m. from a family vacation.
5:00 pm to midnight no activity on laptop.
5:57 pm KC’s cell phone pings show her tracking northwestward.
6:31 pm KC attempts to call CA’s cell.
6:32 pm KC attempts to call CA’s cell.
6:32 pm KC attempts to call Anthony home. (44 seconds after last call)
6:33 pm KC checks voicemail.
6:53 pm KC checks voicemail.
7:06 pm KC calls Anthony home, 1.38 minute duration.
7:20 pm KC attempts to call AH
7:21 pm KC attempts to call AH.
7:58 pm TL and KC go to Blockbuster and rent a movie. TL states they stayed up late watching the movie.


I am going to say she was at the house around 3:30 (George worked from 3 to 12). There is no phone activity from 3:30 to 4:10 - then a flurry - I think she is at the house at that time and is concerned Cindy might be coming home - there is a panic of calls and she finally reaches her at 4:14. I think Caylee was dead at that time.

So she could have killed Caylee at the house in the garage around 3:30 and then left and drove around - started calling Cindy around 4:10 to make sure all was cool and talked to her around 4:15 for a minute and a half and then Jesse, then Tony.

What she is doing for the two hours 4:30 to 6:30 is anyone's guess - driving around and then goes to Tony's. She is at blockbuster at 7:58.

Sorry if it is OT.

In my opinion, George and Cindy are hoping for being able to stay in the court room. I feel that it is possible for George to stand up and drop to his knees saying I am so sorry...blah blah I didn't mean to let you (meaning poor innocent Casey) take the blame for this!!

While Cindy grasps her chest, holds up her bible and yells the truth will set you free...While Lee rushes up to his father and holds his shoulder and says I still love you dad.

Or NOT...

Leila said:

A far as "what's the defense's strategy", I think they're still trying to come up with one they think might have a chance of flying.

They can't go with an accidental death because of the duct tape and Casey's behavior during those 31 days. There's no getting around those party pictures that show anything and everything except grief.

Casey could change her plea to guilty and throw herself on the mercy of the court and beg for life in prison instead of the death penalty. If that were the case, the defense would paint a picture of a horrible home life, Casey living in fear of both parents, etc. in order to cast blame elsewhere. She would blame her parents for everything in hope of the court showing pity on her.

But, I seriously doubt that Casey would even entertain the thought of pleading guilty. I've always doubted that JB was honest with Casey about her chances, and instead led her to believe she would walk free. From the beginning I think JB considered this case his ticket to fame and he's the one who didn't want to make a plea deal. In one of her letters to Robin Adams, Casey wrote about the plans they could make once Robin got out of prison and Casey was free. I think a guilty verdict in this case will be a complete surprise to Casey.

In another letter to Robin, Casey told Robin that JB told her the case would end in a mistrial. That makes me concerned that JB is planning on doing something that would make this to go to a mistrial.

At this point, I don't think the defense has a real strategy in mind other than to try to attack the evidence and plant doubt about both the evidence and the witness testimony.

One thing I'm certain of.........the defense plans on painting Casey as a victim of abuse from her parents. This will definitely be a part of the penalty phase of the trial, but I think it will come up at some point during the guilt phase too.

Since her arrest on October 14, 2008, Casey hasn't had a jailhouse visit with her parents. I think that's been part of the defense strategy. The defense wants to portray Casey as not wanting to have anything to do with her parents.

I also think that JB didn't want any jailhouse visits because he knows that the family situation is volatile and he wanted to avoid any more videos released to the media showing Casey's anger.

We'll soon see what the defense strategy is, but I don't think there will be any surprises.

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BBM - I'm worried about the same thing....like...possible jury tampering. :saythat: (Kinda like the defense tried to do with the TES searchers :banghead:

mydailyopinions said:

the closer we get to trial, the more i wonder about any kind of strategy. It just seems to me that the dt has no way to explain anything in this case. With everything that is coming into trial, it takes more and more away from any possible defense.

At this point, the only thing that i expect to hear from the defense during opening statements are

"we rest our case":rocker:

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ROFL TOO FUNNY!!! :floorlaugh:

They are going to give George to the Jury. IMO.