What Is the Defense Strategy #2

[Softail]

I'm guessing it's the report about the stolen gas cans.

:doh: You are probably right!

 

[katydid23]

I also think the defense is going to have no other option but to go with an accidental death and hope that the jury won't convict Casey of the First Degree Murder charges. While the State has the burden of proof that Caylee's death was intentional and planned... the defense is going to have the burden of proof that this was an accident, imo.

A jury is not going to just accept the defense saying "This was a terrible accident." They will want proof. The same way they will want proof from the State that Casey killed Caylee intentionally.

What is going to be interesting to me is if Cindy and George's testimony is going to reflect that they now know this was an accident? I would think that the defense would want the Anthony's to be on board with this stradegy... even if they don't believe it? Which I don't believe they will ever admit that Casey was in any way responsible for Caylee's death... intentional or accidentally?

I really have no idea what the defense is going to do? I literally have no idea what to expect from them? I am eagerly waiting for opening statements because JB said that we will know in the first 5 minutes of his opening statement why Casey waited 31 days to... well she didn't even report Caylee missing... but why she never called to report Caylee missing. JB said it will be "compelling."

bbm

My 23 yr old son was here while I was watching HLN about the new motions. He does not know much at all about this case, but i told him a little bit from the pov of TL, about his having a new gf move in and then find out her child is missing, etc.
Someone on the show brought up the accident scenario. And my son said, if he were a juror, he would NOT believe the accident theory for one main reason. Why would a young mom who accidentally killed her child sit in jail for years and allow herself to go on trial for CAPITAL MURDER if the child had accidentally drowned.??????? Good question, imo.

 

[ZsaZsa]

JB should read this article by Valhall. It would produce one of those
"Aha,now I see" moments he is so fond of.

http://www.thehinkymeter.com/2011/04/26/relevant-photos/

 

[LCoastMom]

:goodpost: great points.

 

[jon_burrows]

bbm

My 23 yr old son was here while I was watching HLN about the new motions. He does not know much at all about this case, but i told him a little bit from the pov of TL, about his having a new gf move in and then find out her child is missing, etc.
Someone on the show brought up the accident scenario. And my son said, if he were a juror, he would NOT believe the accident theory for one main reason. Why would a young mom who accidentally killed her child sit in jail for years and allow herself to go on trial for CAPITAL MURDER if the child had accidentally drowned.??????? Good question, imo.

I just thought of something after reading your post. If the defense can offer an accidental theory without putting Casey on the stand then the state should be able to respond by saying she waited years to say it was an accident because she was waiting so see how much evidence they had against her. When she realized they had much more evidence than she thought, she decided to say it was an accident with the hope of not getting LWOP or the DP. Hope this makes sense.

IMO

 

[Feebot]

I have beenlurking for a long time,but wanted to give my thoughts, such as they are. What if Casey was trying to make Caylee's death look like a kidnapping gone wrong, hence the duct tape. She intended to give the nanny story to make it look like the nanny kidnapped and then killed Caylee. Casey was not able to get rid of the body as soon as she had hoped and waited too long so there was evidence of a dead body in the truck, when she finally got around to dumping poor Caylee. She had the nanny story all ready, but I think that she got to having so much fun that she kinda let things slide. She was probably going to say that the money she stole from Amy she was giving to the kidnappers to keep Caylee alive.

JMO

 

[ZsaZsa]

In Bill Sheaffer's analysis of today's motions he states that the presence of the death band hair in ICA's trunk is THE most damning evidence the SA has, almost insurmountable is what he calls it.. there is no way she or the defense can explain it.

 

[aspiring drifter]

They can't introduce a new version of events such as an accident without notifying the state and without KC taking the stand. They can raise suspicion about someone else that was not investigated, but they can't say KC told me it was an accident etc. They can use witness testimony to raise doubts.

IMO

i don't think that will stop them though. obviously. they've done everything they're not suppose to do thus far.

 

[katydid23]

I just thought of something after reading your post. If the defense can offer an accidental theory without putting Casey on the stand then the state should be able to respond by saying she waited years to say it was an accident because she was waiting so see how much evidence they had against her. When she realized they had much more evidence than she thought, she decided to say it was an accident with the hope of not getting LWOP or the DP. Hope this makes sense.

IMO

It does make sense, at least according to my 19 yr old daughter. Her answer to my sons question--why would someone sit in jail for 3 years and allow themselves to go on trial for capital murder if their kid died accidentally---was much as you described.

My daughter's theory was that maybe, just maybe, Casey figured that she would never be found guilty of Capital Murder if it was just an accident. So she is gambling it all on going to trial and getting off scotfree. Casey would rather NOT admit to anything and just cross her fingers that the state cannot prove anything and so she will prevail. I could see that.

 

[LCoastMom]

I have beenlurking for a long time,but wanted to give my thoughts, such as they are. What if Casey was trying to make Caylee's death look like a kidnapping gone wrong, hence the duct tape. She intended to give the nanny story to make it look like the nanny kidnapped and then killed Caylee. Casey was not able to get rid of the body as soon as she had hoped and waited too long so there was evidence of a dead body in the truck, when she finally got around to dumping poor Caylee. She had the nanny story all ready, but I think that she got to having so much fun that she kinda let things slide. She was probably going to say that the money she stole from Amy she was giving to the kidnappers to keep Caylee alive.

JMO

This was a theory that was tossed around a bit, way back when, and could almost make some sense in a weird, sick way - my problem with it is this: ICA had the chance, over and over to admit Caylee's death was an accident - but she chose not to. She made the choice to sit in jail, for the last 2 1/2 years. Who would do that? Why not call 911 if Caylee's death was accidental? And the biggie for me, what sort of mother goes on a 31 day party spree (complete with tattoo) after her precious toddler dies accidentally?

ICA could take the stand, swear under oath and provide pictures - I'll never believe Caylee wasn't murdered in cold blood.

BTW - thanks for joining us here today! Hope you will stick around for the trial!

 

[Ricki]

I have beenlurking for a long time,but wanted to give my thoughts, such as they are. What if Casey was trying to make Caylee's death look like a kidnapping gone wrong, hence the duct tape. She intended to give the nanny story to make it look like the nanny kidnapped and then killed Caylee. Casey was not able to get rid of the body as soon as she had hoped and waited too long so there was evidence of a dead body in the truck, when she finally got around to dumping poor Caylee. She had the nanny story all ready, but I think that she got to having so much fun that she kinda let things slide. She was probably going to say that the money she stole from Amy she was giving to the kidnappers to keep Caylee alive.

JMO

WELCOME and thanks for joining in.:greetings:

 

[countzero]

My theory now after today's denials will be:

the DT team better stock up a great brand of antiperspirant deodorant and bulk size packages of sweat towels. :floorlaugh::floorlaugh::floorlaugh: Hear Costco is a good place to purchase said items. Heck ... I'll even pay for them. (Note to JB, sent me a PM to collect oh and I want the original receipt too.)

CA and GA get nadda, zippo, zilch. :loser::loser:

 

[Silkprint]

I think they are going to stay with the nanny story , as stupid as it is ,until the very end . She is never going to admit to anything . I m betting everyday she sits in jail waiting for the money she will get from the books she will write when she is aquitted . being as brilliant as she is . LOL .This nasty little pc of work will never admit to anything and will never take the stand .

 

[WolfmarsGirl]

They can't introduce a new version of events such as an accident without notifying the state and without KC taking the stand. They can raise suspicion about someone else that was not investigated, but they can't say KC told me it was an accident etc. They can use witness testimony to raise doubts.

IMO

But, what if they put her on the stand and she blurts out an accident scenario??? Can't the DT just act like they had never heard this story before this very moment and, therefore, the state would not have been given prior notification?

I am still worried they will try to get out their alternate version of what happened without putting KC up there. From what everyone here has asserted, this is not possible. But, can Jose talk about it in the opening?

 

[zoey]

But, what if they put her on the stand and she blurts out an accident scenario??? Can't the DT just act like they had never heard this story before this very moment and, therefore, the state would not have been given prior notification?

I am still worried they will try to get out their alternate version of what happened without putting KC up there. From what everyone here has asserted, this is not possible. But, can Jose talk about it in the opening?

I wouldn't put anything past DT---I'm sure they will try to put something in with "hypotheticals" so on and so fourth....

 

[nachomama]

I think they are going on the old saying... " IF YOU CAN'T DAZZLE WITH BRILLIANCE .... BAFFLE WITH BULL SH** " and they sure are full of it . :crazy:

 

[strach304]

But, what if they put her on the stand and she blurts out an accident scenario??? Can't the DT just act like they had never heard this story before this very moment and, therefore, the state would not have been given prior notification?

I am still worried they will try to get out their alternate version of what happened without putting KC up there. From what everyone here has asserted, this is not possible. But, can Jose talk about it in the opening?

I'm not too worried. I think this SA team is prepared for just that very thing and will eat her alive.

 

[strach304]

I just thought of something after reading your post. If the defense can offer an accidental theory without putting Casey on the stand then the state should be able to respond by saying she waited years to say it was an accident because she was waiting so see how much evidence they had against her. When she realized they had much more evidence than she thought, she decided to say it was an accident with the hope of not getting LWOP or the DP. Hope this makes sense.

IMO

It sure does and IMO you hit the nail on the head because I think this is exactly what she is doing. Her and JB. I think it's a safe bet all other defense lawyers that are now gone tried to get her to plea. They knew what her and JB had planned and are smart and experienced enough to know it won't work. I'm sure they are confident that a DP verdict will be overturned as well. Actually I doubt JB cares as long as he gets his DP qualification out of this madness. They are the million dollar lawyers after all. CM, AF, HHJP, and the SA's will make sure she gets a fair trial. Casey is just that ignorant about life and arrogant enough imo to count on that one rogue juror.

 

[strach304]

That's the one.

And the fact that she called her mother a f$%#ing idiot when she was out on bail and had no problem doing that in front of the neighbors according to one neighbor.

I just don't know what they are going to say. I cannot think of anything else. The accident does not work - there is the tape. I mean they can go out on a limb or reaaaaaaaaaallly go out on a limb and say she did it but was afraid and put the tape on her. Then they have to get past the partying. She does not look afraid at all.

I really think they are going to use sexual abuse and say she is not guilty of anything except being abused.

Which I don't think is going to work either.

I think there is more evidence showing Casey as the abuser rather than the other way around. The choking story came from Casey so maybe CA is only telling a half-truth when she denies the argument. The MH info is new also. He got the taking Caylee away as punishment from ICA, not GA, CA.

 

[Kentjbkent]

I think the Defense Strategy all along has been...

It is WAY too early to consider a plea before we have even attempted to try to get any evidence thrown out by filing motions and having HHJP rule on what "in in"...

But let's see if we can try to convince the SA that we have a good case to present to a jury of an accident theory and see if we can get them to plea negotiate based on that....