What Is the Defense Strategy? - Page 51

pip · #**1251** 03-26-2011, 01:18 AM

Quote:

Originally Posted by Whisperer

How in the world are they going to bring in "accident"? I suppose they can state it in summary...but any witness would be clobbered with that. I just don't see it working. Why bring it up at a first degree murder trial? In fact, they shouldn't even present a defense; they should just "Rest". Of course we have Baez's ego at stake, so I suppose Logic won't play into this.

Good question, how the hail WILL they bring in the 'it was an accident' part? Will she take the stand? Can the doctors just say she admitted that to them? Can Baez say she admitted that to him? No idea how that will play out.

Whisperer · #**1252** 03-26-2011, 01:18 AM

Is the trial going to take place in Orlando?

Whisperer · #**1253** 03-26-2011, 01:21 AM

Anyone recall Cindy Anthony talking about swimming with Caylee while Casey watched on the night of the 15th? Cindy said she handed Caylee to Casey when they were getting out. Are they still discussing that or did that statement go under the radar?

LolaMoon08 · #**1254** 03-26-2011, 01:23 AM

Quote:

Originally Posted by Whisperer

Is the trial going to take place in Orlando?

Yes, the trial will be held in Orlando. The jury will be brought in from a different county in Florida. We don't know from which county! I am sure the potential jurors will be getting their jury duty notices starting next week or the week after.

Whisperer · #**1255** 03-26-2011, 01:25 AM

Yep, Pip, can't see yet how they will bring in "accident". SA will yell "Objection" and it will be upheld. I just don't think they have ANY defense..nilch. They are planning to spend all the money on the sentencing part.

Whisperer · #**1256** 03-26-2011, 01:27 AM

Thanks Lola for the jury thing..now I remember. I am out of "thanks" buttons.

ExpectingUnicorns · #**1257** 03-26-2011, 01:31 AM

Quote:

Originally Posted by Paintr

PTSD would explain the not reporting. She wanted to protect her family. She was suffering such trauma, her state of mind was altered. PTSD has many symptoms.

ETA

What are PTSD symptoms and signs?

The following three groups of symptom criteria are required to assign the diagnosis of PTSD:

•Recurrent re-experiencing of the trauma (for example, troublesome memories, flashbacks that are usually caused by reminders of the traumatic events, recurring nightmares about the trauma and/or dissociative reliving of the trauma)

•Avoidance to the point of having a phobia of places, people, and experiences that remind the sufferer of the trauma or a general numbing of emotional responsiveness

•Chronic physical signs of hyperarousal, including sleep problems, trouble concentrating, irritability, anger, poor concentration, blackouts or difficulty remembering things, increased tendency and reaction to being startled, and hypervigilance (excessive watchfulness) to threat
The emotional numbing of PTSD may present as a lack of interest in activities that used to be enjoyed (anhedonia), emotional deadness, distancing oneself from people, and/or a sense of a foreshortened future (for example, not being able to think about the future or make future plans, not believing one will live much longer). At least one re-experiencing symptom, three avoidance/numbing symptoms, and two hyperarousal symptoms must be present for at least one month and must cause significant distress or functional impairment in order for the diagnosis of PTSD to be assigned. PTSD is considered of chronic duration if it persists for three months or more.

BBM in red...sounds like descriptions of KC. changing men, no sleep, anger in calls to her parents, always texting, talking, not caring if Amy discovered her stealing, planning/living for 10 minutes at a time.

http://www.medicinenet.com/posttraum...rder/page4.htm

Thank you, Paintr, for finding such a useful, concise description for us. This sounds like it would be a perfect "fit" for the defense team to use. And I agree with katydid that they will have to use something in her childhood (her alleged sexual abuse) as the point of onset. Otherwise, there wasn't enough difference between her behavior from before and after Caylee's death.

If the defense uses this dx as their excuse for Casey's behavior, can you imagine how proud Casey will be to share the same dx as thousands of our young war heros? And the impact it could have on their morale? Can they possibly get any lower?

Oh poop, just grab one of JB and Casey's colored pencils and color me inflamed!

Whisperer · #**1258** 03-26-2011, 01:37 AM

PTSD will not fly, imo. She has absolutely NO defense. I think they are saving this for the guilty phase and sentencing. There is no excuse for what she did except pure evil and selfishness. I expect ms A to be mighty peeved during the trial when the SA starts talking about it too.

Mr. Baez will try to get as many hispanic jurors as possible because he believes he has a closeness to them. I am calling on the Gods for Divine Intervention on that point to surpise him.

ExpectingUnicorns · #**1259** 03-26-2011, 01:38 AM

Wouldn't PTSD be considered diminished capacity more than just "state of mind" though?

Whisperer · #**1260** 03-26-2011, 01:40 AM

PTSD can cover almost anything they want it to. It is a very broad diagnosis. It is not diminished capacity necessarily, unless they want it to be...my guess is Casey will execpt nothing that indicated diminished. IMO, PTSD has more of an anxiety componeent than anything else. Many criminals try to use it to explain crimes, even child molestation.

Casey could also fit the Bipolar and the Borderline DX. I expect she didn't like either of those. LOL, so Baez took this one to please her.

SoCalSleuth · #**1261** 03-26-2011, 01:43 AM

They will have to explain the dogs hitting in the backyard so they will have to claim it was the pool. George and Lee have already denied the sexual abuse --I can see GA admitting to it to save his daughter but I'm not so sure about Lee. CA will take the fall for the chloroform in the car--she already gave statements that she was the one looking it up on the computer. The only problem I see the DT facing with this scenario is she just coincidentally remembered this a month before trial?

LolaMoon08 · #**1262** 03-26-2011, 01:44 AM

Please don't tell me that Casey and her defense will go as far as claiming that Casey caught George doing something to Caylee and Casey went into a state that took her back into her own childhood and the abuse that she had endured... that when she killed Caylee... she actually thought she was killing herself and therefore didn't remember that she killed Caylee, but herself... and then was reborn into the new "Beautiful Life" Casey who never looked back?

SoCalSleuth · #**1263** 03-26-2011, 01:45 AM

Quote:

Originally Posted by ExpectingUnicorns

Wouldn't PTSD be considered diminished capacity more than just "state of mind" though?

It's not diminished capacity if she is claiming she is innocent. As AZLawyer opined, they could argue that it explains her behavior AFTER the fact.

pip · #**1264** 03-26-2011, 01:47 AM

Quote:

Originally Posted by ExpectingUnicorns

Wouldn't PTSD be considered diminished capacity more than just "state of mind" though?

Like JA said, the state's expert will most certainly need to examine her if any of the 'state of mind' issues were obtained as a result of the defendant being interviewed by the defenses expert. (in so many words) And imo, PTSD is a mental health issue, not to be undermined as a mere 'state of mind'.

chakti · #**1265** 03-26-2011, 01:49 AM

I can not see just how that would work. A couple DR,s get up and say, she said ?
Cindy gets up and says she said, but I didn't believe her ?
George gets up and says I did what she said ?
Lee gets up and says well like she said it was okay w/mom&dad, so yeah like she said I did it toooo ???
It just will never happen.

katydid23 · #**1266** 03-26-2011, 01:53 AM

Quote:

Originally Posted by LolaMoon08

Please don't tell me that Casey and her defense will go as far as claiming that Casey caught George doing something to Caylee and Casey went into a state that took her back into her own childhood and the abuse that she had endured... that when she killed Caylee... she actually thought she was killing herself and therefore didn't remember that she killed Caylee, but herself... and then was reborn into the new "Beautiful Life" Casey who never looked back?

Close. I think it will be something like that. I think they will say after the fight where CA tried to choke Casey and threatened to keep Caylee for herself, Casey went into the depths of PTSD. And she worried about George abusing her daughter. And she was so freaked out that she neglected to notice that Caylee had gotten into the pool. ....bla bla bla...

ExpectingUnicorns · #**1267** 03-26-2011, 02:00 AM

Quote:

Originally Posted by SoCalSleuth

It's not diminished capacity if she is claiming she is innocent. As AZLawyer opined, they could argue that it explains her behavior AFTER the fact.

Thanks. I understand now. I guess the legal term "diminished capacity" only refers to a defense against the crime itself. And since the defense team is using the term "state of mind" it means they would use this (PTSD?) to explain her bizarre actions after the crime (accident).

Now, if this is their plan, wouldn't they have to have some solid proof of the trauma that caused the PTSD? Or could they just say their client was sexually abused as a child so this is the result? How solid could the dx be if there is no solid proof of the onset/causation?

Horace Finklestein · #**1268** 03-26-2011, 02:11 AM

Quote:

Originally Posted by chakti

I can not see just how that would work. A couple DR,s get up and say, she said ?
Cindy gets up and says she said, but I didn't believe her ?
George gets up and says I did what she said ?
Lee gets up and says well like she said it was okay w/mom&dad, so yeah like she said I did it toooo ???
It just will never happen.

I really cannot fathom Lee, after seeing what this monster did to his family, his mom and dad/grandparents, (and god only knows what she pulled in her teen years) his niece, seeing her not lift a finger to ever tell the truth or do the right thing - I cannot see him choosing to put himself in a position of permanently tarring himself as a molestor or anything like that. Why would he? I'd be surprised if he ever spoke to her again really...he seemed to know what she's all about during that talk with Tony.

Horace Finklestein · #**1269** 03-26-2011, 02:12 AM

Quote:

Originally Posted by LolaMoon08

Please don't tell me that Casey and her defense will go as far as claiming that Casey caught George doing something to Caylee and Casey went into a state that took her back into her own childhood and the abuse that she had endured... that when she killed Caylee... she actually thought she was killing herself and therefore didn't remember that she killed Caylee, but herself... and then was reborn into the new "Beautiful Life" Casey who never looked back?

I don't know where they would find anything to back that up. That sounds like outdated notions of psychology from the 60s and 70s peppered with some Hollywood drama to me.

chakti · #**1270** 03-26-2011, 02:28 AM

That is what I'm sayin.
Those three may lie till they are blue in the faces about all the great things KC is, but they will not get up and say it was all their fault.
The one constant in this whole mess or truth if you will is that they loved KC and Caylee more then anything and they will never swallow this sick little pill.

TallyHo · #**1271** 03-26-2011, 07:22 AM

Quote:

Originally Posted by katydid23

Close. I think it will be something like that. I think they will say after the fight where CA tried to choke Casey and threatened to keep Caylee for herself, Casey went into the depths of PTSD. And she worried about George abusing her daughter. And she was so freaked out that she neglected to notice that Caylee had gotten into the pool. ....bla bla bla...

Her, ahem, PTSD surely didn't keep her off of the phone with TonE a large part of the day on the 16th!!

She was so worried about sexual abuse that she spent hours making "small talk" with her boyfriend that day.

Those pesky phone records will come back to bite her!!!

LiveLaughLuv · #**1272** 03-26-2011, 07:41 AM

Judge denies Casey Anthony's defense for rehearing on key evidence
Casey Anthony's defense wanted another hearing to have her statements tossed from trial.
March 25, 2011|By Amy Pavuk, Orlando SentinelThe judge presiding over Casey Anthony's first-degree murder case on Friday denied an attempt by the defense to get a rehearing on a series of motions aimed at tossing key evidence from the trial.

In denying the motion, Orange-Osceola Chief Judge Belvin Perry did not address the defense's claims that he was biased and made errors in his earlier rulings.

He simply denied the order for a rehearing, adding that, "No other motions for rehearing shall be considered."

http://articles.orlandosentinel.com/...ee-murder-case

Well, it's back to the drawing board for ICA and her team...His Honor is wise and only one case was partially overturned on appeal...as per KBelich....

Quote:

At 6 o’clock, WFTV’s Belich turned to Perry’s record: She found that just one of his rulings in 10 years was partially overturned. She reported that he has sentenced eight murderers to death, and the Florida Supreme Court affirmed all those sentences.
http://blogs.orlandosentinel.com/ent...g-no-mean.html

I also read on the comments section at above link, that CMason's client Nelson Serrano is sitting on death row...

scroll down to his name and see the nine issues he brought up for appeal...
http://www.capitaldefenseweekly.com/?p=6277

LiveLaughLuv · #**1273** 03-26-2011, 09:51 AM

Order Denying motion for rehearing on orders denying motion to suppress
http://www.wesh.com/pdf/27325211/det...=casey+updates

Motion to vacate and in the alternative motion for clarification DENIED!
http://www.wesh.com/pdf/27325211/det...=casey+updates

spiderlady · #**1274** 03-26-2011, 10:15 AM

Quote:

Originally Posted by LolaMoon08

Please don't tell me that Casey and her defense will go as far as claiming that Casey caught George doing something to Caylee and Casey went into a state that took her back into her own childhood and the abuse that she had endured... that when she killed Caylee... she actually thought she was killing herself and therefore didn't remember that she killed Caylee, but herself... and then was reborn into the new "Beautiful Life" Casey who never looked back?

But....uh.......What happened to the Defense Team saying she was INNOCENT?

BD1 · #**1275** 03-26-2011, 10:19 AM

If BAez et al try to throw the Anthony's under the bus, can the state or someone somehow bring it out that the Anthony family denies the accusations? I mean, they can't go the whole trial without actually saying that Casey was traumatized and abused her whole childhood and then only make those accusations when she has been found guilty of something, can they? Or alternatively, can they go the whole trial saying that w/out the state questioning Lee, George, Cindy as to the accusations?

I am just SO. CONFUSED. as to how the defense is going to make this all fit for a somewhat cogent defense.