Much has been written about the opening statement given by lead defense attorney Jose Baez. The sexual abuse allegations were shocking. In fact so shocking that the prosecution had do do some quick thinking and called father George Anthony as their first witness. Not to address the sexual abuse subject but to perform a quick character rehabilitation. This was a good move and by taking this step likely stopped a smoldering fire from burning in the jurors minds.
I am not a legal expert, but do consider myself to know a few of the basic rules in the legal system. The question I kept repeating to myself was how could Jose Baez possibly bring the sexual abuse allegation into evidence? It seems to have little relevance to the charges that Casey Anthony faces, but if proven could provide for a good mitigating factor.
It would seem unlikely that father George Anthony or Casey’s older brother Lee Anthony would take the stand and voluntarily open up that line of questioning. Many people are speculating that to bring the sexual abuse allegations into the trial Jose Baez will be forced to place Casey Anthony on the stand. While we would all love to see that, it seems unlikely that Baez would take the risk. The prosecution would tear her apart like a pack of rabid wolves.
A few weeks ago the was was a pre-trial hearing, I cannot remember the exact date. The defense put forward a motion that essentially asked that a third party be allowed to ‘tell Casey’s story’. It was all part and parcel of the Mental Health expert debacle. Judge Perry denied the motion. In retrospect this was clearly the vehicle planned to deliver the sexual abuse testimony.
For the better part of two days have played scenario after scenario in my head and come up blank on how this is going to get into evidence. I decided to ask well known Florida Criminal Defense Attorney John Contini his thoughts. You might be surprised, I certainly was.
Firstly the clock starts ticking when you are 21, you have 4 years to file before the statute of limitations expires. The exception to this rule is if the abuse occurred when the person was 11 or younger.
(Jose Baez mentioned that it happened between ages 8 to 13, so this is a go).
At first look you are right in assuming that it may be tricky for the defense to introduce the evidence. It would be surprising for either George Anthony or his Son Lee Anthony to take the stand and take the fall. You are also correct that putting Casey on the stand might be very problematic. However there is a solution.
Under normal circumstances you cannot have a witness say something like ‘Simon told me that Joe told me…..’, in legal terms this is called hearsay. It is not admissible.
However, there is one exception to this rule in the State of Florida. The Hearsay exception was specifically crafted for sexual abuse cases involving children. Under this rule it is permissible for a third party to offer hearsay. This exception is relatively new on the statute books, something like 10 years and not well known even within the legal profession.
Hmm, I do hope that we have not just given the defense an idea!
John Contini also pointed out another nuance of the legal system, specifically what the term Hostile Witness means.
Should the defense declare George Anthony or indeed any witness hostile and the judge agree, the rules of engagement changes significantly. It is now possible to ask ‘leading questions’. These can open doors that otherwise normally remain closed.
I think todays ‘gas can’ adventure between Jose Baez and George Anthony lays the foundation for the attempt to declare George as hostile.
The bottom line is that there is a possible strategy to get the sexual abuse allegations in front of the jury without putting Casey Anthony on the stand.
Simon Barrett
John Contini, is a highly experienced, veteran criminal defense attorney, has successfully represented thousands of criminal defendants in Florida and throughout the United States over the past 23 years. Contini, a former Broward County (South Florida) felony trial prosecutor, has defended the criminally accused since 1983. His practice expanded in the last several years to include the areas of personal injury and wrongful death, but Contini is best known for his success in the area of criminal defense, including murder, drug cases, juvenile cases, white collar crimes, sex crimes, and federal criminal defense. He can be found online at JohnContini.com and Danger Road is available at better bookstores everywhere or from Amazon.
12 users commented in " Casey Anthony Trial – Defense Strategy "
Follow-up comment rss or Leave a TrackbackI think Jose Baez, better go back to law school. I would hate for anyone in my family to have him as a lawyer. Florida will be paying for another trial for Anthony. He doesn’t know how to question people, he is confused. That is why he is confusing the witnesses.
So sad, for this little girl to die, and by her mother’s hand.
George did not molest Casey and did not kill Caylee.
I was molested by a neighbor at 8. Never told anyone until I was 16. Turns out he molested many other children
I got pregnant at 19 and had my son at 20. It wasn’t easy but I loved my child and kept him against the hardships. I came from a very well known family and the oldest of 7 children that completely abandoned me at that time in my life. I had a daughter at 23. My family and I became close again many years later but I was so alone and never once would have harmed my child.
I feel that Jose Baez and Casey Anthony have made it so much more difficult for survivors of sexial abuse. It so so sad for real victims.
Casey is not a victim of sexual abuse. I know how it feels and she cannot even for one moment know that fear or loss of one’s innocence/
I have studied MANY cases while in school and in the Media AND those who believe that Nancy Grace, HLN or any other news outlet is telling them the TRUTH need to think again. They are SELLING A GOOLISH story to the very best of their ability…It pays their mortgages and keeps their bank accounts fat…so if anyone TRULY interested in determining for themselves about a case… read the transcripts, and allow yourself ONLY to consider the evidence and what COULD have happened. DO NOT allow yourself to take sides…hear everything with an open mind. The TRUTH can be stranger than fiction. And TV lawyers are pros at selling sensationalism, pity, and accusations! We have a great justice system and TV lawyers DO NOT allow the system to do it’s job! By tainting the jurors and allowing ANY possibilities that the person on trail could be INNOCENT…everybody gets CONVICTED in the MEDIA.. Very scary! This means if they are innocent, the GUILTY, SICK, DANGEROUS criminal is still out there to do it again…Everybody loses,ACCEPT the TV lawyers who rake in the bucks until the trial is over. ANYBODY who says at this juncture that Casey Anthony is guility is an IDIOT~ Because as it stands no one can KNOW until all of the evidence is IN and its ALL ALLOWED to come IN! This is another problem judges who do not allow juries to hear from friends, neighbors, etc are doing a great injustice…that jury NEEDS everybodys information.
guilty. death. I have read plenty on the facts on this case and there are no explanations of her actions….she’s just a cold hearted b**** and wanted a free life and was too cold hearted to give her mom custody…so she decided it was best to just kill Caylee……not too hard to figure out. George never molested her and Lee allegedly grabbed at her boobs…..I hardly believe a word that she says since so far 99.9% of what comes out of her mouth as been a LIE.
What a ruthless little shit. She is soo guilty that you can see it on her face. And to be so low to involve her father as a molester and her brother grabbing her boobs…that is sick. Shame on our legal system as these trials i have watch on Court TV show that the system is shot, and based on fabricated lies just to win a case. Cut and dry this case. GUILTY.
Casey’s pseudo “shocked” and “righteous” performance is so patently unbelieveable; not because such a thing can’t happen, but because Casey just has none of the deep emotions that would be exploding out of her after all these years. I’m a multi-abused person and I am telling you, her post Caylee actions do not correspond with how most survivors act. Every one has a different reaction, true, but certain reactions DO fall under the guise of what is normally seen. Behaving like a “Stone-cold mannequin” for three years is not one of them. A Couple of Sniffles and a few Hammy Heaving Shoulders do not a mourning mother make.
How is it that even NOW she’s still not grieving visibly that much upon hearing all of the stories of Caylee? How has she been able to divorce herself from being a mother whose child died? Especially if it happened on her watch? (during the maybe-maybe not drowning) Wouldn’t she be filled with recriminations? How can she be gleefully interacting with Jose Baez at this point in the trial? (let alone ANY point.) If she were feeling true remorse, she’d let the snot and tears run down her face, regardless of how she would look, her eye make up would run (like the Florida woman who shouted during the depositions) and she’d wipe them all with her arm sleeves. She certainly wouldn’t be searching for the little magical dancing unicorn in every single fricking faux tear.
GUUUIILLTTTY!
If Baez knew about this abuse and didn’t report it to authorities, yet continued to ask FLA. for $ for her defense, wouldn’t that be fraud?
And, too bad so sad ABC, KC cheated you out of all that $ plus a good abuse story.
The defense is scamming everyone. IMO.
Both her parents said there was a dead body in the trunk. the tow guy smelled it, Lee smelled it, and the detectives — Casey said it was a *squirrell* so even she acknowledged it was *dead* — She investigated the ‘dead squirrell’ but didn’t take the bag of trash out of the trunk – wow….. she hid the fact the baby was missing, duct tape and all that stuff. And now we are expected to believe that Casey has sat in jail for THREE YEARS and never once even called her father and asked him to tell the truth so she could get out? This man that supposed molested her for years — and she was protecting him — right?
@speabo – I totally agree and ((((hugs)))) to a fellow survivor.
If the molestation had taken place, why didn’t KC say so three years ago and have her father arrested. There is no statute of limitations for child abuse in Florida. George, could be in jail now if these charges are true, and that would certainly bolster the defense’s case.
First of all i would have to say i was totally shock what BS Jose had to say in opening statement.I can’t believe George would not even consider to start cpr on caylee and calling 911 if caylee had been in that pool knowing that there might be a chance to save her,i do not believe a word that is coming from casey anthony’s mouth,she is a spoiled brat and it shows by the way she pouts.The time is now for her parents,lee and anybody else to stand up for caylee,and let her go to her faith,they have stood up for her long enough now
Sorry,one more point i have to make,if caylee had died as a accident in the pool,why wait till it got to a death penalty stage to bring it up,why did she not admit to it three years ago and face lesser charges,because she knows she killed caylee
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