Will George and Cindy Testify?

Discussion in 'Caylee Anthony 2 years old' started by pirate, Dec 28, 2008.

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  1. pirate

    pirate Former Member

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    There has been much speculation throughout this forum that the Anthonys will plead the fifth and refuse to testify, whether that be to protect Casey or whether it be to protect themselves from self incrimination.

    Some people think that will help the defense, others think it will show guilt.

    Here is what I think:

    If the Anthonys do not testify, the jury will hear from the following:

    - 911 Operators who took Cindy's calls concerning the smell of the dead body in the trunk and her statements as to the fact that Caylee had been missing for 31 days but no reports to LE made about this. I'm sure the recordings from those calls are admissible.

    - Officers who arrived on the scene and were taken on a wild goose chase looking for Zanny's apartment (3 false locations) and to Casey's place of employment (Universal). The recordings from Universal as well.

    - Investigators who interviewed the parents. Likely the tapes of those interviews will be played.

    - Amy H and the fact that Casey stole her money while she was on vacation.

    - Tony L and other friends who were in her life at the time Caylee was missing but never were told that anything was wrong. These people can testify that Casey partied and carried on as if everything was normal.

    - Photo evidence of Casey's partying during that time.

    - Proof that Casey got a tattoo while Caylee was missing.

    - Forensic evidence from the trunk of the car evidencing decomp and death bands on Caylee's hair from that trunk.

    - Evidence taken from the Anthony's home throughout this time period.

    - Possible testimony from other family members as to Casey's pathology- stealing from grandparents, lying about her pregnancy.

    - Testimony from Leonard P and Tim Miller re Casey's obvious lack of concern & cooperation regarding the search for Caylee.

    - Information taken from Myspace and Facebook

    - Forensic computer evidence including any manipulations that were done to Casey's laptop.



    Without testimony from the Anthony family- who would be Casey's only personal defenders, how would all of this evidence be countered?

    In my opinion, this would only assist the prosecution in proving guilt.

    There would be no introduction of Zanny actually existing which is imperative to pointing the finger of guilt away from Casey.
     
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  3. Spitfire4ever

    Spitfire4ever New Member

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    They haven't been charged with a crime (yet) why would they be able to plead the fifth?
    I'm no legal eagle but I don't think they can plead the fifth as the case stands today. Of course that is subject to change. Please anyone let me know if I'm wrong. TIA
     
  4. LucyLu

    LucyLu Former Member

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    Would they have to be charged or just questioned?

    Likely if they won't testify by their own choice they would be subpeoned as a hostile witness by the prosecution and then probably plea the 5th to avoid testimony, correct?
     
  5. pirate

    pirate Former Member

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    I didn't know if they could- but isn't there such a thing as a hostile witness and is that not similar to pleading the fifth?
     
  6. Spitfire4ever

    Spitfire4ever New Member

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    Yes, I think they could be hostile witnesses. Actually I don't think of them as anything else at this point. Hmmm.... going to do some checking. Thanks. :)
     
  7. pirate

    pirate Former Member

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    So if they either plead the fifth or are hostile witnesses, they will not have the opportunity to perpetuate Casey's lies.

    So where does that leave the defense?

    I'm 99% certain that Casey will not testify- so would that not make the case open and shut?
     
  8. Spitfire4ever

    Spitfire4ever New Member

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    I don't think Casey will get on the stand either. You've brought up very good points. :) I'm going to do some checking but maybe someone that is better qualified to answer will come on this thread to let us know.
     
  9. CarolinaMoon

    CarolinaMoon Active Member

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    I hope some legal eagle will point out if I am wrong on anything here.

    IMHO, I believe LE is trying to force the A family's hand. They are spreading around the plan to charge them all with obstruction of justice charges, rightfully so if they know a lot more than we know... and we seem to know a great deal based on some of the threads here!

    The A's will go to LE and ask for limited immunity in exchange for clearing up the "conflicting" stories and whatever else they have done. They will also have to agree to testify truthfully at trial.

    Once that happens, they would be unable to "take the 5th" because of the limited immunity. If they were to do so, the immunity would be lost and they could still end up being charged.

    It will be interesting to see if they all will throw Casey rightfully under the bus to save their own posteriors!
     
  10. PhoneBoothBandit

    PhoneBoothBandit New Member

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    I don't think they will plead the fifth.
     
  11. icherish

    icherish New Member

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    My understanding is a witness who is called to the stand on direct examination by either party (prosecution or defense), who is not answering questions directly or is otherwise uncooperative, could then be declared a hostile witness by the court. That witness can then be cross-examined and asked leading questions by that party.

    Pleading the 5th is used to protect oneself from one's own incrimination. That wouldn't come into play unless they are charged with a crime. They definitely can't plead the 5th or otherwise refuse to testify to protect Casey.
     
  12. Kimmer

    Kimmer Active Member

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    See below for the description of a hostile witness which I feel at the very least CA and LA may be considered

    A hostile witness, also called an adverse witness, is a person generally called to testify on behalf of either the prosecution or the defense. During the course of the witness examination, the witness may make testimony that weakens the case of the “side” he or she is supposed to be supporting. Alternately, the hostile witness may be testifying against his or her inclination, and is thus antagonistic to the attorney.
    In either case, an attorney can ask the judge to declare the witness a hostile witness. If the judge agrees, the attorney then has greater freedom in questioning the hostile witness. He or she can use methods more common to cross-examination in order to attempt to get testimony that is more favorable to his side of the case.
    The hostile witness can be more closely examined by the attorney to whom the witness is adverse. The attorney can question the truth of the witness’ statements, the motives of the witness in providing the testimony, and can make direct statements to the witness about what he truly saw or did in regards to the case. The hostile witness can refute such statements with yes or no answers.
    The concept of the hostile witness is one greatly romanticized by most crime or legal television shows. Most Law and Order episodes seem incomplete without at least one hostile witness. In real court cases, the hostile witness is much rarer. Generally, attorneys have a fairly good idea of which witnesses are most likely to prove their case. Surprise testimony by a witness who initially seemed supportive to a particular side does occasionally occur, but certainly not with the frequency as is seen in fiction.
    However, the hostile witness in fiction adds drama. A sudden change in testimony can certainly change the predictability of “who did it” in dramas. It’s actually quite fun to see a fine actor like Sam Waterston be thrown by the testimony of a hostile witness. The resultant scrambling creates memorable climaxes.
    In real applications of the US law, the hostile witness does cause excitement, particularly in high profile cases. Sudden changes in testimony are fodder for news reporters, due to the drama it usually creates.
     
  13. Pattymarie

    Pattymarie New Member

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    George has already testified for the Grand Jury that served to indict his daughter on murder charges. I am assuming he was not considered a hostile witness and offered up what he believed to be the truth.
     
  14. icherish

    icherish New Member

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    I think GA has been consistently cooperative with LE. Anything he has said outside of that or to the media has been for Cindy's sake. moo

    I certainly don't see him being declared a hostile witness at trial- but I do think they have their work cut out for them with CA and LA. I think the prosecution has no choice but to call them as witnesses.- the family's testimony is critical in putting together the pieces. It will be very interesting to see how it plays out.
     
  15. SoCalSleuth

    SoCalSleuth Verified Expert

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    Let me clear some things up here. (I'm an attorney): You don't have to be charged with a crime to plead the 5th. If a witness pleads the 5th the prosecutor can always offer immunity to compel their testimony. Case law exists in some states where if a witness testified before a grand jury they cannot later claim the 5th at trial (not sure if that's the law in Florida). Anyone can suppoena a witness to testify as an adverse witness (a person aligned with the other side). The effect of this is that you can cross-examine them as your witness as opposed to direct examination (the usual way one examines the witnesses one calls to the stand) The adverse witness rule is different than the hostile witness rule. If, after you call a witness to testify--they answer in a manner to indicate they are hostile (aligned with the other side in a big way i.e. are not answering questions properly) you can request the court declare them a hostile witness. If the court agrees, you can then question them via cross-examination as opposed to direct examination.
     
  16. icherish

    icherish New Member

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    Thank you for the information, SoCal. Gives me a better perspective of how the prosecution will deal with CA and LA as witnesses.
     
  17. passionflower

    passionflower Just 1 tip to find a killer

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    IMO, I am looking for partial immunity or a plea deal for CA/GA/LA FOR CO-OPERATING on the witness stand and statements. The a family will save their own butts! I think they are smart enough to know that no matter what they do or say now can save kc. IMO, that is why they never leave the house now. No TV, media, hush hush. Not visiting kc. Listening finally to all their lawyers! And CA/GA stalling on burial arrangements because they know LE will move in quickly after the burial............IMOO
     
  18. evergreen

    evergreen New Member

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    this case is not open and shut. when a jury of her "peers" is involved, there is no such thing.
     
  19. evergreen

    evergreen New Member

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    they have an enormous amount of interrogation material that can be introduced. I would suspect that CA will want to "set the record straight" on much of that. :eek:
     
  20. Spitfire4ever

    Spitfire4ever New Member

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    Thank you! Your expertise is appreciated very much. :)
     
  21. Spitfire4ever

    Spitfire4ever New Member

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    Would love to be a fly on that wall. :rolleyes:
     
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