Access to Casey's Car - Defense Strategy? - Page 3

Pink Panther · #51 10-23-2008, 02:14 PM

Maybe KC did actually hit an animal at some point and she told Baez. So the defence wants to find evidence of that to confuse the prosecution's evidence...

Just thinking...

MarleneM · #52 10-23-2008, 02:15 PM

Quote:

Originally Posted by shelbar53

can the witnesses answer baez one way and then at trial give a different answer? I have seen that happen on law and order but usually they give the district attorney a diffent answer then what they told them before.

...and is it perfectly ok for the witnesses to provide their answers "in a backwards sort of way"? Or are they held to a different standard than the defendant?

Chezhire · #53 10-23-2008, 02:16 PM

Quote:

Originally Posted by Gaia713

I believe the atty can challenge their honesty if they said soemthing else on teh deposition. Witensses are under oath in both situations. This is where attorneys use the witnesses own words against them, thereby undermining their testimony.

Exactly - and this is yet another reason depositions are so important as evidence during a trial. ONE misstep/word incorrect and, after being given an opportunity to correct the misstatement, the witness refuses to do so, the transcript of what was previously said gets introduce as evidence "Exhibit such-and-such," read to the witness in front of the jury, and then the witness is typically asked how they can explain the differences in their statements. Usually prokoves (quite) a bit of squirming.

Gaia713 · #54 10-23-2008, 02:19 PM

Quote:

Originally Posted by WillenFan21

I would like to start off my post by simply saying that I totally believe that Casey kill her daughter. HOWEVER, I totally agree with the lawyers on Nancy Grace and somewhat the defence on proving that it was Casey that did the deed. It's a FACT that Caylee is dead but once they get the body and even now they need to prove that it was Casey that killed her. I can see why the defence is going tihs way and saying that several other people had access to the car. The only thing that is going to get them in a road block is the searches of chloroform that was on the computer. The only people that had access to that computer was Casey's family and Casey so they are once again going to kinda have to prove that it was Casey that searched. I still don't think their strageties will do any good because everything right now proves that Casey did it.

IF and it's a big IF, someone else had access to the trunk of that car, they would leave fingerprints. I bet the only fingerprints on that trunk belong to Casey Marie Anthony.

Given the extent of her lies to the police, the defense is gonna have a very difficult time - of course when they shoot down the 15,000 Zenaida's that Cindy has, it will be pretty strong evidence. I am waiting for the defense to claim that Casey did not say what she said on tape.

Chezhire · #55 10-23-2008, 02:21 PM

Quote:

Originally Posted by Pink Panther

Maybe KC did actually hit an animal at some point and she told Baez. So the defence wants to find evidence of that to confuse the prosecution's evidence...

Just thinking...

Could be. I'm not that impressed thus far with the defense counsel appearances, so...
Have to say though that if that is the plan, they've got yet another problem with the timing aspect of Casey's text messages to her pal Amy H - I think a reasonable person would find it pretty damning that these texts about the smell of dead animals came within mere weeks of the last sighting (June 15, Father's Day) of Caylee.

Gaia713 · #56 10-23-2008, 02:23 PM

Quote:

Originally Posted by mom4321

if it was another body in the trunk put there after being towed why did it STINK before it was ever towed ?? She said it stunk and blamed it on squirels.

Not just the squirrels, but that George was responsible for the squirrel odor. iirc.

Gaia713 · #57 10-23-2008, 02:26 PM

Quote:

Originally Posted by Chezhire

Exactly - and this is yet another reason depositions are so important as evidence during a trial. ONE misstep/word incorrect and, after being given an opportunity to correct the misstatement, the witness refuses to do so, the transcript of what was previously said gets introduce as evidence "Exhibit such-and-such," read to the witness in front of the jury, and then the witness is typically asked how they can explain the differences in their statements. Usually prokoves (quite) a bit of squirming.

A lawyer I knew told me there should be NO SURPRISES at a trial. Both laweyrs should know everything that the witensses said and all the forensic evidence that both sides have.

Chezhire · #58 10-23-2008, 02:46 PM

Quote:

Originally Posted by Gaia713

A lawyer I knew told me there should be NO SURPRISES at a trial. Both laweyrs should know everything that the witensses said and all the forensic evidence that both sides have.

Well said, and that's the way it's supposed to be IF you have witnesses telling the absolute truth and nothing but the truth - shouldn't be any reason for a misstep/misstatement. On the other hand, with a lying pack of witnesses, you've got some real preparation in front of you to make sure they stick to their "truths" and that they don't, while you're prepping them, decide to tell you the real truth, thereby making them a real problem as far as testifying goes... (it's a big no-no to put a witness on the stand if you know they're going to commit perjury, or to fail to take action if they do commit perjury on the stand...)

LCoastMom · #59 10-23-2008, 03:31 PM

Quote:

Originally Posted by Chezhire

ITA, and I have not come up with anything that closely resembles an explanation for this one.

(Not that it bothers me, of course.)

Maybe whoever broke into the trunk to place an unknown body in it did it to cover up the stench of the squirrels and the rotting pizza. Once that was done they broke in again and moved the body to another smelly car. The reason no one else in Fl is complaining about decomp in their trunk is because along with the magical ability to access locked trunks and scale 10 foot barbed wire fences they can cover vast distances in a very short time and only travel in the dark.

Sounds like Santa Claus picked up a summer job.

MiraclesHappen · #60 10-23-2008, 03:51 PM

Quote:

Originally Posted by missmybaby

Maybe whoever broke into the trunk to place an unknown body in it did it to cover up the stench of the squirrels and the rotting pizza. Once that was done they broke in again and moved the body to another smelly car. The reason no one else in Fl is complaining about decomp in their trunk is because along with the magical ability to access locked trunks and scale 10 foot barbed wire fences they can cover vast distances in a very short time and only travel in the dark.

Sounds like Santa Claus picked up a summer job.

Thank you. I understand now.

debs · #61 10-23-2008, 04:10 PM

Quote:

Originally Posted by impatientredhead

They will be called for a deposition. Their attorney can and should be present. It is Baez chance to ask questions of the witnesses that have already been questioned by the other side. You are required to answer the questions, if you don't they can go in front of a judge, if that judge feels that you don't have a reasonable justification for not answering he can order you to, if you still refuse they can charge you with contempt.

This of course does not apply to 5th amendment issues or privileged information.

The advantage in this is that the defense is also privy to the depostitions already taken by the State. Therefore, the questions they ask will be designed to "lock them into testimony" or provide places of differing testimony.

For instance, what Simon B. testified, with regard to the car, will be compared to everyone else's testimony. Then Baez (or someone smarter than he, like say, anyone) should ask him whether it is his habit to avoid contacting police when there appears to be such a strong odor. Now Simon, if HE's smart, would simply say he had no reason to get that close to the car in the yard. Baez, if he's done HIS work, will have already the information of the "yard placement" of vehicles to see how close Simon would have had to get in the 15 days between the time of deposit into the yard and the time of retrieval of the Anthonys.

Further, he will then pin Simon down into just exactly what did Cindy and George do when they picked up the car. What did they say? How did they act? Does he make it a habit of tampering with potential evidence, since his testimony states that he knew that smell from a car with a recent suicide, so was he unwilling to do the right thing and contact authorities regarding the smell and further tampering with potential evidence by throwing out the garbage bag, or was there really no smell at all?

Oh, it could get interesting, indeed.

Short_Stuff · #62 10-23-2008, 04:21 PM

Just think of all the people who had to get attorneys because of Casey. If I were them, I'd sue Casey for my fees, for my involvement.

dreamerlin · #63 10-23-2008, 04:25 PM

Quote:

Originally Posted by debs

The advantage in this is that the defense is also privy to the depostitions already taken by the State. Therefore, the questions they ask will be designed to "lock them into testimony" or provide places of differing testimony.

For instance, what Simon B. testified, with regard to the car, will be compared to everyone else's testimony. Then Baez (or someone smarter than he, like say, anyone) should ask him whether it is his habit to avoid contacting police when there appears to be such a strong odor. ~respectfully snipped~ ~My Bold~

Spew!!! On the bolded part. Okay now that's the first time I actually did spew coffee on my keyboard, and I'm at work!!!!

mahoneys07 · #64 10-23-2008, 06:58 PM

http://www.wftv.com/video/17790182/index.html

CaliKid · #65 10-23-2008, 07:22 PM

I doubt the defense will be successful. From what I've read, LE followed the letter of the law in searching and impounding the car, and they had the motive because of the statements the parents made about the smell.

But without the car, the prosecution doesn't have a case. It is everything- the hair, the decomp, the chloroform- everything. It's the only thing that proves Caylee is dead.

dreamerlin · #66 10-23-2008, 07:25 PM

Quote:

Originally Posted by CaliKid

I doubt the defense will be successful. From what I've read, LE followed the letter of the law in searching and impounding the car, and they had the motive because of the statements the parents made about the smell.

But without the car, the prosecution doesn't have a case. It is everything- the hair, the decomp, the chloroform- everything. It's the only thing that proves Caylee is dead.

That we know of.

peanut · #67 10-23-2008, 07:26 PM

I doubt they will be able to get it thrown out either, but they will try their hardest. The car has the most damning evidence of all.

liltigress · #68 10-23-2008, 07:27 PM

This is the most sickening move Jose has made yet.

Is this a cowardly move?

Dolce171 · #69 10-23-2008, 07:37 PM

And CA has even suggested that SOMEONE else planted SOMEONE else's body in the trunk .........OMG!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Gaia713 · #70 10-23-2008, 07:38 PM

Quote:

Originally Posted by CaliKid

I doubt the defense will be successful. From what I've read, LE followed the letter of the law in searching and impounding the car, and they had the motive because of the statements the parents made about the smell.

But without the car, the prosecution doesn't have a case. It is everything- the hair, the decomp, the chloroform- everything. It's the only thing that proves Caylee is dead.

So far.

I agree. I don't think the defense will get the car evidence tossed simply because it was an integral part of the original 911 call. It would be a stretch to say that searching the car was improper.

Gaia713 · #71 10-23-2008, 07:40 PM

Quote:

Originally Posted by mahoneys07

http://www.wftv.com/video/17790182/index.html

When you watch the video, be sure to catch the shot of the tow yard with its HIGH FENCE and barbed wire at the top. Makes Cindy's statement about someone getting into the tow yard and planting a body ludicrous - but then I think most of her statements ARE laughable. moo

Someone would have to know that the car was towed to this and only this towyard or to have followed the tow truck to the yard. GMAB, Cindy. You can do better than this.

100%Agave · #72 10-23-2008, 07:46 PM

I agree that I think it will be difficult to get the car evidence thrown out. The defense would need a really good reason for that, like it was searched improperly or something. And as far as the evidence we have seen so far goes, the only other people that even got close to that car besides KC was the tow guy who did not have a key and GA and CA. Of course, there is a strong possibility that they tampered with evidence but JB would have to tread very lightly on that one or he could hurt his case more than he could help it. IMO of course because the only thing I know about the law is what I see on tv.

Baznme · #73 10-23-2008, 07:47 PM

It's all about creating reasonable doubt. They wouldn't be doing their job if they didn't try. They're whining that the defense team isn't being given enough time to find the body!!!! Hello!!! Isn't that an admission she is dead???

Baznme · #74 10-23-2008, 07:48 PM

Isn't there also the issue where JB filed a motion to get possession of the car so they could do their own testing? What happened to that?

silvercoins · #75 10-23-2008, 09:33 PM

Quote:

Originally Posted by liltigress

This is the most sickening move Jose has made yet.

Is this a cowardly move?

Jose is a Whiner .

. makes me think of a boy we had in school that always went to the teacher and tell her "The Girls are Picking on Me " when he was pushed off the top of the Snow pile ..
3 yrs out of law school and he thinks it is going to make a name for himself!! Not the way that he is doing it .

I don't think in the state that I live that the defense can talk to the witnesses like he is going to do .. I could be wrong, but I have never heard of this before .. is this something new ??

The FBI is going to release their Tests results tomorrow .. 10/24 - according to the Nancy G. Show ..

My

JMO