What Is the Defense Strategy?

[ZsaZsa]

I agree with you and remember it well - Baez truly believed ICA was innocent back in the early days - perhaps even up until they found the body of little Caylee. I also remember reading ICA did not cry when Baez came to the jail, to talk to her but he did.

I wonder if he will ever talk about that day - and if it was a day when he thought - Oh my god - my client is guilty - she actually did this! My feeling is he was caught in the excitement, cameras, ICA's stories and needing a protector for "my girl". He can barely look directly at her in court now, and when he does, it is with a very very different expression on his face than in the early days.

I don't think for one minute he ever believed her innocent, but if he did then he's even more stupid than I thought.

 

[logicalgirl]

I don't think for one minute he ever believed her innocent, but if he did then he's even more stupid than I thought.

I know it's hard to perceive, however, she may have told him about some kind of bunk, an accident, blah blah, but I went over some of the early youtubes, and he actually seems to believe the nanny story - and he didn't have that embarrassed "I can't believe I'm actually saying this" smirk he does now.

We know he is a very very inexperienced defense lawyer, and not that bright at all.

 

[Amil]

Agreed...but I believe she is locked in with Zani the nanny as the culprit. How do you weave in someone else???

From the start, she claims she left her at an apartment where Zani lived but had been vacant for 142 days. This is the only story we heard except for LP telling the Blanchard park one. Where Zani and Samantha who had their own children along, knocked her down, took Caylee and handed her a "script" to follow. She remained quiet by partying at Fusions where she is there to conduct her own investigation. Either tale has the nanny in it. Then you have ICA's prison letter where she exonerates Zani, the real nanny,wouldn't do this and understand why she isn't coming forward... which enforces to me there is a "fake" one???

So, how do you weave in that it could be RK, the one who found Caylee's remains. How does RK get Caylee from Zani??? I can't see how Baez can get around this which is why he is now on someone else placed Caylee there while ICA was imprisoned or under 24 hour scrutiny..but again, who is this someone else and how do they get Caylee since Zani allegedly had her..

No, I think any juror will see this is all to confuse the issue. I've always said the hardest hurdle to overcome will be the lack of alerting authories for 31 days and would show consciousness of guilt, IMO...there is no way ICA can not be held responsible for Caylee's death..the only thing I see is, the jurors may not be able to come to a DP conviction since the COD cannot be determined without a reasonable doubt. There's no evidence other than the duct tape to back up the death portion ( but can't say if it was applied before or after her death), (UNLESS THERE IS EVIDENCE ABOUT CHOLORFORM IN CAYLEE'S HAIR) IMO, but she will be found guilty for she and only she had custody of Caylee and was the last person with Caylee, besides the fact ICA gave no credible information and still hasn't...JMHO


Justice for Caylee

ITA - AND - we clearly have the parents covering something up - this is as huge as the 31 days of not reporting - parents covering, inconsistent statements from grandparents, smirky faces, combative, and refusing to take a lie detector.

 

[whiteangora]

I agree with you and remember it well - Baez truly believed ICA was innocent back in the early days - perhaps even up until they found the body of little Caylee. I also remember reading ICA did not cry when Baez came to the jail, to talk to her but he did.

I wonder if he will ever talk about that day - and if it was a day when he thought - Oh my god - my client is guilty - she actually did this! My feeling is he was caught in the excitement, cameras, ICA's stories and needing a protector for "my girl". He can barely look directly at her in court now, and when he does, it is with a very very different expression on his face than in the early days.

bbm

I don't think JB Ever thought his client was innocent. Who in their right mind would think she was innocent after the barrage of lies she told to the investigators? She refused to cooperate in locating her daughter.......what on earth would give him the slightest indication she was innocent? I'll add IMO.
Also, it was reported that Casey and JB "cried together" when the remains were identified.

2009.03.11 Today's Current News - ***NO DISCUSSIONS HERE PLEASE ***

2009.03.11 Today's Current News - ***NO DISCUSSIONS HERE PLEASE ***

Video Shows Anthony, Baez In Jail Crying Together
22-Year-Old Jailed On Murder Charges In Daughter's Death
POSTED: Tuesday,...

 

[LCoastMom]

bbm

I don't think JB Ever thought his client was innocent. Who in their right mind would think she was innocent after the barrage of lies she told to the investigators? She refused to cooperate in locating her daughter.......what on earth would give him the slightest indication she was innocent? I'll add IMO.
Also, it was reported that Casey and JB "cried together" when the remains were identified.

2009.03.11 Today's Current News - ***NO DISCUSSIONS HERE PLEASE ***

2009.03.11 Today's Current News - ***NO DISCUSSIONS HERE PLEASE ***

Video Shows Anthony, Baez In Jail Crying Together
22-Year-Old Jailed On Murder Charges In Daughter's Death
POSTED: Tuesday,...

His smirk stands out like a big red cherry Kool-Aid mustache, on a little kid in the middle of summer - As a juror I would have a hard time taking him seriously.

My first thought on the video (after getting past that smirk!) was a child is missing, yet he needs to protect the mother from telling LE where she is??? if he truly thought her innocent of anything to do with Caylee is missing he should have told his client to draw a map - we'll give it to LE and clear this mess up...

Scary enough it now looks like she may have done just that - but instead of handing it to LE, it was given to a PI with dubious motives by an attorney with dubious morals.

How is it that these two people, probably 2 out of only 4 on the planet - who didn't want to find Caylee, found each other?

If they did cry together as was leaked, it was because they knew they needed to start all over on finding anything at all that points away from ICA's guilt - I wonder how that's working for them?!?

 

[whiteangora]

His smirk stands out like a big red cherry Kool-Aid mustache, on a little kid in the middle of summer - As a juror I would have a hard time taking him seriously.

My first thought on the video (after getting past that smirk!) was a child is missing, yet he needs to protect the mother from telling LE where she is??? if he truly thought her innocent of anything to do with Caylee is missing he should have told his client to draw a map - we'll give it to LE and clear this mess up...

Scary enough it now looks like she may have done just that - but instead of handing it to LE, it was given to a PI with dubious motives by an attorney with dubious morals.

How is it that these two people, probably 2 out of only 4 on the planet - who didn't want to find Caylee, found each other?

If they did cry together as was leaked, it was because they knew they needed to start all over on finding anything at all that points away from ICA's guilt - I wonder how that's working for them?!?

The smirking is getting unbearable, but me thinks he's got a lot to smirk about. Somehow or another this case is going to make him a very wealthy man. imo
If she did cry as reported, it was because the game was over! No more searching, no more lies, no more excuses.
The more I think about it, I don't think JB even cares how the trial ends, he has latched on like a tick and he is going to suck all he can out of the enormity of public interest in this case for a long time to come. imo

 

[LCoastMom]

I agree with you and remember it well - Baez truly believed ICA was innocent back in the early days - perhaps even up until they found the body of little Caylee. I also remember reading ICA did not cry when Baez came to the jail, to talk to her but he did.

I wonder if he will ever talk about that day - and if it was a day when he thought - Oh my god - my client is guilty - she actually did this! My feeling is he was caught in the excitement, cameras, ICA's stories and needing a protector for "my girl". He can barely look directly at her in court now, and when he does, it is with a very very different expression on his face than in the early days.

There must have been something ICA has said or done, that is so horrific - that the team lost Andrea Lyons - who has defended some pretty horrible people accused of absolutely horrible crimes, based on her feeling she is not to judge...

 

[RockyMtn Grandma]

There must have been something ICA has said or done, that is so horrific - that the team lost Andrea Lyons - who has defended some pretty horrible people accused of absolutely horrible crimes, based on her feeling she is not to judge...

IIRC Andrea left shortly after the doc dump that included Cindy's letter to ICA saying how much she admired Andrea and wanted ICA to go to her law school after she was released. Knowing Cindy was planning her future may have been enough to scare her off....it would me. :dance:

IMO

 

[RR0004]

There must have been something ICA has said or done, that is so horrific - that the team lost Andrea Lyons - who has defended some pretty horrible people accused of absolutely horrible crimes, based on her feeling she is not to judge...

Perhaps she did her job...provided enough "mitigating factors" that will keep Casey from receiving the DP. Really...that's what I believe her goal was all along. I can't see her sticking around for any other reason. It certainly wouldn't be a good career move IYKWIM. Saw this in the news thread. Makes me kinda sad.

http://www.deathpenaltyblog.com/cas...my-opinion-to-the-orlando-sentinel/index.html

 

[ThinkTank]

Perhaps she did her job...provided enough "mitigating factors" that will keep Casey from receiving the DP. Really...that's what I believe her goal was all along. I can't see her sticking around for any other reason. It certainly wouldn't be a good career move IYKWIM. Saw this in the news thread. Makes me kinda sad.

http://www.deathpenaltyblog.com/cas...my-opinion-to-the-orlando-sentinel/index.html

I noticed that is Lenamon's own personal blog ... all his own opinions .... I think his final statement says it best - he said: "That, of course, is my opinion. And, it's just my opinion. The jury may not agree with me -- but as the Orlando Sentinel article points out -- in Florida, the jury doesn't make the ultimate call in a death case. So the real question at trial will be if the Ninth Judicial District's Chief Judge Belvin Perry agrees with me. "

And, we have to remember that he is no longer on the defense team for a reason ... JB would not go along with the mitigating factors that he wanted to use....

It is my opinion that the aggravating factors will outweigh any mitigating factors the defense comes up with.

 

[logicalgirl]

I noticed that is Lenamon's own personal blog ... all his own opinions .... I think his final statement says it best - he said: "That, of course, is my opinion. And, it's just my opinion. The jury may not agree with me -- but as the Orlando Sentinel article points out -- in Florida, the jury doesn't make the ultimate call in a death case. So the real question at trial will be if the Ninth Judicial District's Chief Judge Belvin Perry agrees with me. "

And, we have to remember that he is no longer on the defense team for a reason ... JB would not go along with the mitigating factors that he wanted to use....

It is my opinion that the aggravating factors will outweigh any mitigating factors the defense comes up with.

I also think it is important he sides heavily with the anti-death penalty folks. And it is important to note as he states - "this is just my opinion".

I don't think HHJP will be concerned about whether or not he "agrees with" Lenamon's opinion - this is a man who operates strictly within the law. He doesn't let emotion enter into his decisions. IMO

By the way - has anyone actually ever "seen" this man? If I remember correctly, even when he was on NG in the early days - we only heard his voice and there weren't any pictures to go along with it.

 

[logicalgirl]

bbm

I don't think JB Ever thought his client was innocent. Who in their right mind would think she was innocent after the barrage of lies she told to the investigators? She refused to cooperate in locating her daughter.......what on earth would give him the slightest indication she was innocent? I'll add IMO.
Also, it was reported that Casey and JB "cried together" when the remains were identified.

2009.03.11 Today's Current News - ***NO DISCUSSIONS HERE PLEASE ***

2009.03.11 Today's Current News - ***NO DISCUSSIONS HERE PLEASE ***

Video Shows Anthony, Baez In Jail Crying Together
22-Year-Old Jailed On Murder Charges In Daughter's Death
POSTED: Tuesday,...

I think that must be only one of the reports - cause I remember it as ICA stone faced or angry and only Baez was teary.

 

[LCoastMom]

The smirking is getting unbearable, but me thinks he's got a lot to smirk about. Somehow or another this case is going to make him a very wealthy man. imo
If she did cry as reported, it was because the game was over! No more searching, no more lies, no more excuses.
The more I think about it, I don't think JB even cares how the trial ends, he has latched on like a tick and he is going to suck all he can out of the enormity of public interest in this case for a long time to come. imo

With his very over priced (up side down) home loan - the money can't come soon enough! JB claims on his website to have 2 offices (Kissimme and Orlando), calls himself a law firm that mentions "lawyers" but I can't find any other attorney in his practice even Jose "#2" is no longer affiliated, that I have been able to find!

I know he tries to present himself as someone who has it all together, I see a weak man, with a weak grasp and questionable ethics - who may (to his surprise) end up under the Anthony bus (or curse) too.

As long as ICA is alive, if she doesn't cop a plea - JB can't put what he knows into a book, can he? She has years of appeals ahead of her.

If JB has lied to the courts, as it appears he might have (IMO) - with his faulty memory and all; this case may cause his career as a trial lawyer to end before it really started. I wonder if LexisNexis will take him back?

 

[panthera]

I have to wonder how a jury will react if JB tries to throw too many people
under the bus. It's one thing to have a good solid defense but quite another to be playing out weak possibilities and unbelievable tales.
If Casey's interviews with LE are introduced as evidence then how far from her initial story can JB deviate? He has his work cut out for him, imo.

You are so right ~ he would practically have to admit that his client is a liar if he ventures too far from what she told LE, assuming of course, her statements are admitted. I agee, he has his work cut out for him no matter which strategy he uses. MOO

 

[nums24]

IIRC Andrea left shortly after the doc dump that included Cindy's letter to ICA saying how much she admired Andrea and wanted ICA to go to her law school after she was released. Knowing Cindy was planning her future may have been enough to scare her off....it would me. :dance:

IMO

Andrea joined about the time her book was being released. Andrea left the day before the new law (inspired by Baez) went into effect that would require her to stay on as attorney, she took her $113,000 and ran!

Summary of the new law:

http://www.justiceadmin.org/court_app_counsel/contracts/IFC memo 2010 statutory changes.pdf

Here is the whole bill:

http://www.flsenate.gov/data/session/2010/House/bills/billtext/pdf/h540104er.pdf

 

[whiteangora]

I also think it is important he sides heavily with the anti-death penalty folks. And it is important to note as he states - "this is just my opinion".

I don't think HHJP will be concerned about whether or not he "agrees with" Lenamon's opinion - this is a man who operates strictly within the law. He doesn't let emotion enter into his decisions. IMO

By the way - has anyone actually ever "seen" this man? If I remember correctly, even when he was on NG in the early days - we only heard his voice and there weren't any pictures to go along with it.

Hi LG, here's his website w/ his picture.
http://lenamonlaw.com/attorneys/name/Terence-M.-Lenamon-B.C.S.html

 

[Dear Prudence]

I noticed that is Lenamon's own personal blog ... all his own opinions .... I think his final statement says it best - he said: "That, of course, is my opinion. And, it's just my opinion. The jury may not agree with me -- but as the Orlando Sentinel article points out -- in Florida, the jury doesn't make the ultimate call in a death case. So the real question at trial will be if the Ninth Judicial District's Chief Judge Belvin Perry agrees with me. "

And, we have to remember that he is no longer on the defense team for a reason ... JB would not go along with the mitigating factors that he wanted to use....

It is my opinion that the aggravating factors will outweigh any mitigating factors the defense comes up with.

Regarding your last sentence - bbm
Even if the jury has the same opinion and find the aggravating factors outweigh the mitigating factors, they do not have to sentence Casey to death.

After an American Bar Association report found jurors in death cases were confused about their role in sentencing, the Florida Supreme Court late last year amended jury instructions to include the words "you are neither compelled nor required to recommend a death sentence" even when aggravating circumstances outweigh mitigating factors.

http://www.orlandosentinel.com/news...death-penalty-20100815,0,3151611.story?page=2

I thought the Orlando Sentinel article was more interesting than Lenamon's blog, especially the quote above. I did not realize that was now part of the jury instructions. Lenamon has written some other blogs about death penalty stats in the US that were quite interesting to me. I think the defense does have a good chance of getting Casey LWOP and that's probably the main focus of their strategy right now. They should know the evidence of her guilt is overwhelming and their strategy should focus on saving her life.

 

[RR0004]

I noticed that is Lenamon's own personal blog ... all his own opinions .... I think his final statement says it best - he said: "That, of course, is my opinion. And, it's just my opinion. The jury may not agree with me -- but as the Orlando Sentinel article points out -- in Florida, the jury doesn't make the ultimate call in a death case. So the real question at trial will be if the Ninth Judicial District's Chief Judge Belvin Perry agrees with me. "

And, we have to remember that he is no longer on the defense team for a reason ... JB would not go along with the mitigating factors that he wanted to use....

It is my opinion that the aggravating factors will outweigh any mitigating factors the defense comes up with.

I sure hope so TT...I sure hope so.

 

[LCoastMom]

Perhaps she did her job...provided enough "mitigating factors" that will keep Casey from receiving the DP. Really...that's what I believe her goal was all along. I can't see her sticking around for any other reason. It certainly wouldn't be a good career move IYKWIM. Saw this in the news thread. Makes me kinda sad.

http://www.deathpenaltyblog.com/cas...my-opinion-to-the-orlando-sentinel/index.html

http://www.deathpenaltyblog.com/in-depth-look-death-in-florida/

Great find here! You could be right, but wouldn't she have just said; 'I have finished what I came to do, I worked to remove the DP and that didn't happen so maybe next time.' or 'I'll see her in appeals, if she needs me.' Instead she claims she can't afford to stay on... Odd to me.

Lenamon's opinion (educated as it may be) and $1.50 will get him a cup of coffee at Micky D's - IIRC Judge Perry has a history of using the DP when he feels the case warrants.

Snipped from above site: The court found that "death is unique punishment in its finality and in its total rejection of the possibility of rehabilitation." As such, the court confirmed that it was the intent of the legislature to reserve application of the death penalty "only to the most aggravated and least mitigated of the most serious crime."

How can you rehab a woman who kills her own child? She denies, lies and never cries, about the death of her baby!! Oh, she tries the crying game occasionally, but when you have to poke and prod your own eye in an attempt to produce a single tear - it doesn't count.

31 days, computer searches and remains with duct tape covering a 2 year old baby's ability to breathe - whether it can be proved to be the COD or not would carry a ton of weight for me. Why else would someone put 3 pieces of duct tape across a toddlers mouth and nose other than to "shut her up" forever... If it was some weird attempt to cover up an accident - well, too bad. Her stupidity for not calling 911 instead of grabbing the duct tape.

(1) - 4. § 921.141(5)(d): The capital felony was committed while the defendant was engaged, or was an accomplice, in the commission of, or an attempt to commit, or flight after committing or attempting to commit , any robbery; sexual battery; aggravated child abuse....

(2) - 8. § 921.141(5)(h): The capital felony was especially heinous, atrocious, or cruel ("HAC").

(3) - 9. § 921.141(5)(i): The capital felony was a homicide and was committed in cold, calculated and premeditated manner without any pretense of moral or legal justification ("CCP").

(4) - 12. § 921.141(5)(l): The victim of the capital felony was a person less than 12 years of age ("child under 12").

(5) - 13. § 921.141(5)(m): The victim of the capital felony was particularly vulnerable due to advanced age or disability, or because the defendant stood in a position of familial or custodial authority over the victim ("advanced age or disability").

Compared to many murders, say by a gang banger or one committed in the heat of the moment - even one where the perp had been heard to say 'I'll kill you' maybe in another heated moment - but to some sounds like they had been thinking about it - There are 5 out of 15 Aggravating Circumstances As Defined by Florida Statute they only need one right? Does she have any real mitigating factors? She was brought up in a safe middle class neighborhood - is her mother difficult? Big deal, ICA was an adult, she could have moved out and moved on - like other young women in her situation. ICA made her choices, now she should live or die by the laws made to protect the weak and/or innocent and to punish the worst of the worst.

My only problem with sentencing is, IMO it should be the same across the US.

Stacey Barker allegedly committed a very similar crime to her 18 mo old baby, Emma. She has told LE she smothered her with her hand (there may also be a baggy involved) then she dumped her body right off the I-10 in CA. Following harsh words with her mother regarding mothering. Barker claimed Emma was kidnapped after she was attacked (she even bruised herself) 12 hours later she told the LASD where they would find lil' Emma's body. Her trial starts in Sept. if convicted she faces 25 to life. IMO she should be locked away forever, throw away the key or the DP.

 

[logicalgirl]

http://www.deathpenaltyblog.com/in-depth-look-death-in-florida/

Great find here! You could be right, but wouldn't she have just said; 'I have finished what I came to do, I worked to remove the DP and that didn't happen so maybe next time.' or 'I'll see her in appeals, if she needs me.' Instead she claims she can't afford to stay on... Odd to me.

Lenamon's opinion (educated as it may be) and $1.50 will get him a cup of coffee at Micky D's - IIRC Judge Perry has a history of using the DP when he feels the case warrants.



How can you rehab a woman who kills her own child? She denies, lies and never cries, about the death of her baby!! Oh, she tries the crying game occasionally, but when you have to poke and prod your own eye in an attempt to produce a single tear - it doesn't count.

31 days, computer searches and remains with duct tape covering a 2 year old baby's ability to breathe - whether it can be proved to be the COD or not would carry a ton of weight for me. Why else would someone put 3 pieces of duct tape across a toddlers mouth and nose other than to "shut her up" forever... If it was some weird attempt to cover up an accident - well, too bad. Her stupidity for not calling 911 instead of grabbing the duct tape.

(1) - 4. § 921.141(5)(d): The capital felony was committed while the defendant was engaged, or was an accomplice, in the commission of, or an attempt to commit, or flight after committing or attempting to commit , any robbery; sexual battery; aggravated child abuse....

(2) - 8. § 921.141(5)(h): The capital felony was especially heinous, atrocious, or cruel ("HAC").

(3) - 9. § 921.141(5)(i): The capital felony was a homicide and was committed in cold, calculated and premeditated manner without any pretense of moral or legal justification ("CCP").

(4) - 12. § 921.141(5)(l): The victim of the capital felony was a person less than 12 years of age ("child under 12").

(5) - 13. § 921.141(5)(m): The victim of the capital felony was particularly vulnerable due to advanced age or disability, or because the defendant stood in a position of familial or custodial authority over the victim ("advanced age or disability").

Compared to many murders, say by a gang banger or one committed in the heat of the moment - even one where the perp had been heard to say 'I'll kill you' maybe in another heated moment - but to some sounds like they had been thinking about it - There are 5 out of 15 Aggravating Circumstances As Defined by Florida Statute they only need one right? Does she have any real mitigating factors? She was brought up in a safe middle class neighborhood - is her mother difficult? Big deal, ICA was an adult, she could have moved out and moved on - like other young women in her situation. ICA made her choices, now she should live or die by the laws made to protect the weak and/or innocent and to punish the worst of the worst.

My only problem with sentencing is, IMO it should be the same across the US.

Stacey Barker allegedly committed a very similar crime to her 18 mo old baby, Emma. She has told LE she smothered her with her hand (there may also be a baggy involved) then she dumped her body right off the I-10 in CA. Following harsh words with her mother regarding mothering. Barker claimed Emma was kidnapped after she was attacked (she even bruised herself) 12 hours later she told the LASD where they would find lil' Emma's body. Her trial starts in Sept. if convicted she faces 25 to life. IMO she should be locked away forever, throw away the key or the DP.

WONDERFUL, wonderful post - thank you so much! I love the posts which are so factual and point by point clearly show the process and her guilt at the same time. These are the very best kind - and keep us calm when we get the "what if" willies. Well done!

Ps whiteangora - thanks for the link. I had heard he is a HUGE guy and for that reason doesn't ever appear on camera. You have confirmed it.