DID THE MOTHER REALLY KILL HER
DAUGHTER?
This
is a very long article but think of it as an actual murder mystery.
Caylee Marie Anthony was an almost
three-year 9ld American girl who lived in Orlando, Florida, with her mother, thirty-year-old
Casey Marie Anthony and her maternal grandparents, George and Cindy
Anthony.
On July 15th, 2008, the little girl was reported missing
in a 9-1-1 call made by Cindy, who said she
had not seen Caylee for 31 days Why did
she wait so long before calling the police? She also said that that Casey's
car smelled like a dead body had been inside it. Cindy said Casey had given
varied explanations as to Caylee's whereabouts before finally telling her that
she had not seen Caylee for weeks.
Casey lied to detectives by telling them that Caylee had been kidnapped
by a nanny on June 9th, and that she had been trying to find
her and that she was too frightened to alert the authorities. That is nonsense. The police ddidn’t
believe her so she was charged with first-degree murder in
October 2008 and she pleaded not guilty.
On December 11th, 2008, Caylee's skeletal remains were
found with a blanket inside a trash bag in a wooded area near the Anthony
family's house. Investigative reports and trial testimony varied
between duct tape being found near the front of
the skull[ and on the mouth of the
skull. The medical examiner mentioned duct tape as one reason she ruled
the death a homicide, but was officially
listed it as "death by undetermined means".
The trial lasted six weeks, from May to July 2011th. The
prosecution sought the death penalty and
alleged Casey wished to free herself from parental responsibilities(That is
pure supposition) and had murdered her daughter by administering chloroform ( again pure supposition ) and applying duct tape over her mouth.
The defense team, led by Jose Baez,
countered that the child had drowned accidentally in the family's swimming pool
on June 16th, 2008, and that George Anthony disposed of the
body. The defense contended that Casey lied about this and other issues because
of a dysfunctional upbringing, which they said included sexual abuse by her father.
If the little
girl had drowned in the pool, why didn’t her mother call the ambulance and the
police?
The defense did not present evidence as to how Caylee died, nor evidence
that Casey was sexually abused as a child, but challenged every piece of the
prosecution's evidence, calling much of it "fantasy
forensics". Casey did not testify. If she had testified, she wold be subjected to a cross examination.
On July 5th, 2011, the jury found Casey not guilty of
first-degree murder, aggravated child abuse, and aggravated manslaughter of a
child, but guilty of four misdemeanor counts of providing false information to
a law enforcement officer. With credit for time served, she was released on July 17th,
2011.
A Florida appeals court had overturned two of the misdemeanor
convictions on January 25th , 2013. The not-guilty murder verdict
was greeted with public outrage and was both attacked and defended by media and
legal commentators. Some complained that the jury misunderstood the meaning
of reasonable doubt,
while others said the prosecution relied too heavily on the defendant's
allegedly poor moral character because they had been unable to show
conclusively how the victim had died. Time magazine described the case as "the social media trial of the century".
According to Casey, Anthony's father, George Anthony, Casey left the
family's home on June 16t , 2008, taking her daughter
Caylee (who was almost three years old) with her, and did not return for 31
days.
Casey’s previous defence was that her daughter drowned in the pool that day.
Casey's mother Cindy asked repeatedly during the month to see Caylee,
but Casey claimed that she was too busy with a work assignment in Tampa, Florida. That would imply that her daughter was still alive when in fact she was
already dead.
At other times, she said Caylee
was with a nanny, who Casey identified by the name of Zenaida "Zanny"
Fernandez-Gonzalez, or at theme parks or the beach. It was eventually
determined that a woman named Zenaida Fernandez-Gonzalez did in fact exist, but
that she had never met Casey, Caylee, any other member of the Anthony family,
nor any of Casey's friends.
Learning that Casey's car was in a tow yard, George Anthony went to
recover it; he and the yard attendant noted a strong smell coming from the
trunk. Both later stated that they believed the odor to be that of a decomposing
body.[25] When the trunk was opened, it
contained only a bag of trash. Casey lied again.
Cindy reported Caylee missing that day, July 15th ,to
the Orange
County Sheriff's Office. During the same telephone call, Casey
confirmed to the 9-1-1 operator that Caylee had been missing for 31 days. Sounding
distraught, Cindy said, "There is something wrong. I found my
daughter's car today and it smells like there's been a dead body in the damn
car. The wooded area was where Caylee
Anthony's body was found.
When Detective Yuri Melich of the Orange County Sheriff's Department
began investigating Caylee's disappearance, he found discrepancies in Casey's
signed statement.[28] When questioned, Casey said
Caylee had been kidnapped by Zenaida Fernandez-Gonzalez, who she also
identified as "Zanny", Caylee's nanny. Although Casey had talked
about her, Zanny had never been seen by Casey's family or friends, and in fact
there was no nanny. Casey also told police that she was working at Universal Studios,which
was a lie she had been telling her
parents for years. Investigators brought Casey to Universal Studios on
July 16th , 2008, the day after Caylee was reported missing,
and asked her to show them her office. Casey led police around for a while
before admitting that she had been fired years before. She lied again.
Casey was first arrested on July 16th , 2008 and was charged
the following day with giving false statements to law
enforcement, child neglect,
and obstruction of a
criminal investigation. The judge denied bail, saying Casey had
shown "woeful disregard for the welfare of her child".\
On July 22, 2008, after a bond hearing, the judge set bail at
$500,000. On August 21, 2008, after one month of incarceration, she was
released from the Orange County jail
after her $500,000 bond was posted by the nephew of California bail bondsman Leonard Padilla] in hopes that she would cooperate
and Caylee would be found
On August 11, 12, and 13th , 2008, meter reader Roy Kronk
called police about a suspicious object found in a forested area near the
Anthony residence.[35] In the first instance, he was
directed by the sheriff's office to call the tip line, which he did, receiving
no return call. On the second instance, he again called the sheriff's office,
eventually was met by two police officers and reported to them that he had seen
what appeared to be a skull near a gray bag. On that occasion, the officer
conducted a short search and stated he did not see anything. On December 11yh ,
2008, Kronk again called the police. They searched and found the remains of a
child in a trash bag Investigative teams recovered duct tape which was
hanging from hair attached to the skull and some tissue left on the
skull. Over the next four days, more bones were found in the wooded area
near the spot where the remains initially had been discovered.
On December 19th, 2008, the medical examiner Jan Garavaglia confirmed that the remains
found were those of Caylee Anthony. The death was ruled a homicide and the
cause of death listed as undetermined. In
other words, he didn’t know she was killed.
Casey Anthony at the time of her arrest on July 16th ,
2008 was offered a limited immunity deal on July 29th , 2008,
by prosecutors related to "the false statements given to law enforcement
about locating her child", which was renewed on August 25th
, to expire August 28th . She did not take the offer.
On September 5th , 2008, she was released again on bail on
all pending charges after being fitted with an electronic tracking
device. Her $500,000 bond was posted by her parents, Cindy and
George Anthony, who signed a promissory note for the bond.
On October 14th, 2008, Casey Anthony was indicted by a grand jury on charges of first degree
murder, aggravated child abuse,
aggravated manslaughter of a child, and four counts of providing false
information to police. She was later arrested. Judge John Jordan ordered
that she be held without bond.] On October 2008, the charges
of child neglect were dropped against Casey, according to the State Attorney's
Office because the evidence proved that the child was deceased, instead the
State sought an indictment on the legally appropriate charges." On
October 28th, Casey Anthony was arraigned and pleaded not
guilty to all the charges.
On April 13th , 2009, prosecutors announced that they planned
to seek the death penalty in
the case.
Four hundred pieces of evidence were presented. A strand of hair was
recovered from the trunk of Casey's car which was microscopically similar to
hair taken from Caylee's hairbrush. The strand showed "root-banding,"
in which hair roots form a dark band after death, which was consistent with
hair from a dead body.
Kronk, who discovered the remains, repeated the same basic story that he
had told police. On October 24th , 2008, a forensic report
by Arpad Vass of the Oak Ridge
National Laboratory judged that results from an air sampling
procedure (called LIBS)
performed in the trunk of Casey Anthony's car showed chemical compounds
"consistent with a decompositional event" based on the presence of
five key chemical compounds out of over 400 possible chemical compounds that
Vass' research group considers typical of decomposition. Investigators stated
that the trunk smelled strongly of human decomposition, but human
decomposition was not specified on the laboratory scale. The process has not
been affirmed by a Daubert Test in
the courts. Vass' group also stated there was chloroform in the car trunk.
ehich could mean that the little girl was murdered in the car’s trunk.
In October 2009, officials released 700 pages of documents related to
the Casey Anthony investigation, including records of Google searches of the
terms "neck breaking" and "how to make chloroform" on a
computer accessible to Casey, presented by the prosecutors as evidence of a
crime. Casey Anthony wold erased the
results of his search but the police would have found the searches on her
computer drive.
According to detectives, crime-scene evidence included residue of a
heart-shaped sticker found on duct tape over the mouth of Caylee's
skull. However, the laboratory was not able to capture a heart-shape
photographically after some duct tape was subjected to dye testing. A
blanket found at the crime scene matched Caylee's bedding from her
grandparents' home.
Among photos entered into evidence was one from the computer of Ricardo
Morales, an ex-boyfriend of Casey Anthony, depicting a poster with the caption
"Win her over with Chloroform".
Witness John Dennis Bradley's software, developed for computer
investigations, was used by the prosecution to indicate that Casey had
conducted extensive computer searches on the word "chloroform" 84
times, and to suggest that Anthony had planned to commit murder.[62] He later discovered that a
flaw in the software misread the forensic data and that the word
"chloroform" had been searched for only one time and the website in
question offered information on the use of chloroform in the 19th century
The lead prosecutor in the case was Assistant State Attorney Linda Drane Burdick. Assistant State Attorneys
Frank George and Jeff Ashton completed the prosecution team. Lead counsel
for the defense was Jose Baez, a
Florida criminal defense attorney. Attorneys J. Cheney Mason, Dorothy Clay Sims, and Ann Finnell served as
co-counsel. During the trial, attorney Mark Lippman represented George and
Cindy Anthony.
Jury selection began
on May 9th , 2011, at the Pinellas County Criminal Justice Center
in Clearwater, Florida,
because the case had been so widely reported in the Orlando area. Jurors were
brought from Pinellas County to Orlando. Jury selection took longer than
expected and ended on May 20yh , 2011, with twelve jurors and five alternates
being sworn in. The panel consisted of nine women and eight men. The trial took
six weeks, during which time the jury was sequestered to avoid influence from
information available outside the courtroom.[69]
The trial began on May 24th , 2011, at the Orange
County Courthouse, with Judge Belvin Perry presiding. In the opening
statements, lead prosecutor Linda Drane Burdick described the story of the
disappearance of Caylee Anthony day-by-day. The prosecution alleged an
intentional murder and sought the death penalty against
Casey Anthony.
Prosecutors stated that Anthony used chloroform to render her unconscious before putting duct tape over her
nose and mouth to suffocate her, and left Caylee's body in the trunk of her car
for a few days before disposing of it in the forest. The prosecutor characterized
Anthony as a party girl who killed her daughter to free herself from parental
responsibility and enjoy her personal life.
The defense, led by Jose Baez, claimed in his opening statements that
Caylee drowned accidentally in the family's pool on June 16th ,
2008, and was found by George Anthony, who told Casey she would spend the rest
of her life in jail for child neglect and then proceeded to cover up Caylee's
death. Baez argued this is why Casey Anthony went on with her life and failed
to report the incident for 31 days. He alleged that it was the habit of a
lifetime for Casey to hide her pain and pretend nothing was wrong because she
had been sexually abused by George Anthony since she was eight years old and
her brother Lee also had made advances toward her.[ Baez also questioned whether Roy
Kronk, the meter reader who found the bones, had actually removed them from
another location, Why would he do that? and
further alleged that the police department's investigation was compromised by
their desire to feed a media frenzy about a child's murder, rather than a more
mundane drowning. He admitted that Casey had lied about there being a nanny
named Zenaida Fernandez-Gonzales.
Prosecutors called George Anthony as their first witness and, in a
response to their question, he denied having sexually abused his daughter
Casey. He testified that he did not
smell anything resembling human decomposition in Casey's car when she visited
him on June 24th but he did smell something similar to human
decomposition when he picked the car up on July 15th . Cindy
Anthony testified that her comment to 9-1-1 that
Casey's car smelled "like someone died" was just a "figure of
speech".
Baez asked an FBI analyst about the paternity test the FBI conducted to
see if Lee was Caylee's father. She told the jury the test had come back
negative. Regarding a photo on the computer of Ricardo Morales, an ex-boyfriend
of Casey Anthony, depicting a poster with the caption "Win her over with
Chloroform," Morales said that the photo was on his Myspace page and that he had never
discussed chloroform with Casey Anthony or searched for chloroform on her
computer. Why was he searching for
information on the subject of chloroform?
The prosecution called John Dennis Bradley, a former Canadian law
enforcement officer who develops software for computer investigations, to
analyze a data file from a desktop taken from caseu Anthony’s home. Bradley
said he was able to use a program to recover deleted searches from
March 17 and March 21, 2008, and that someone searched the website
Sci-spot.com for "chloroform" 84 times. Bradley expressed his belief
that "some of these items might have been bookmarked". Under cross-examination by the defense, Bradley
agreed there were two individual accounts on the desktop however there was no
way to know who actually performed the searches.
K9 handler Jason Forgey testified that
Gerus, a German Shepherd cadaver dog certified in 2005, indicated
a high alert of human decomposition in the trunk of Casey's car, saying the
police dog has had real-world searches numbering "over three thousand by then".
During cross-examination, Baez argued that the dog's search records were
"hearsay". Sgt. Kristin Brewer also testified that her K9 partner,
Bones, signaled decomposition in the backyard during a search in July 2008.
However, neither K9 partner was able to detect decomposition during a second
visit to the Anthony home. Brewer explained that this was because whatever had
been in the yard was either moved or the odor dissipated.
The prosecution called chief medical examiner Jan Garavaglia, who
testified that she determined Caylee's manner of death to be homicide, but
listed it as "death by undetermined means".
Garavaglia took into account the physical evidence present on the
remains she examined, as well as all the available information on the way they
were found and what she had been told by the authorities, before arriving at
her determination. He said, "We know by our observations that it's a red
flag when a child has not been reported to authorities with injury, there's
foul play," Garavaglia said. " There is no child that should have
duct tape on [the lower part of its face when it dies." Additionally,
Garavaglia addressed the chloroform evidence found by investigators inside the
trunk of Casey's car, testifying that even a small amount of chloroform would
be sufficient to cause the death of a child.
University of Florida professor
and the human identification laboratory director Michael Warren was brought on
by the prosecution to present a computer animation of the way duct tape could
have been used in the death of the child, which the defense objected to it
being submitted as evidence. . Judge Perry, after a short recess to review other
similar decisions , ruled that the video could be shown to the jury.
The animation featured a picture of Caylee taken alongside Casey,
superimposed with an image of Caylee's decomposed skull, and another with a
strip of duct tape that was recovered with her remains. The images were slowly
brought together showing that the duct tape could have covered her nose and
mouth. Baez stated, "This disgusting superimposition is nothing more than
a fantasy.They're throwing things against the wall and seeing if it
sticks."
Jurors were seen taking notes of the imagery, and Warren testified that
it was his opinion that the duct tape found with Caylee's skull was placed
there before her body began decomposing. Why
would anyone place the tape over the girl’s mouth and nose after she was murdered?
FBI *latent-print examiner Elizabeth Fontaine testified that adhesive
in the shape of a heart was found on a corner of a piece of duct tape that was
covering the mouth portion of Caylee's remains during ultraviolet testing. Fontaine examined
three pieces of duct tape found on Caylee's remains for fingerprints, and said
she did not find fingerprints but did not expect to, given the months the tape
and the remains had been outdoors and exposed to the elements, stressing that
any oil or sweat from a person's fingertips would have long since deteriorated.
Although Fontaine showed the findings to her supervisor, she did not initially
try to photograph the heart-shaped adhesive, explaining, "When I observe
something is unexpected, I note it and continue with my examination."
During the defense's cross-examination, Fontaine explained that when she
examined the sticker evidence a second time, after subjecting the tape to dye
testing, "It was no longer visible." She said that
other FBI agents had tested the duct tape in the interim.
*A latent print is an impression of the friction skin of the fingers or palms of the hands that has been transferred to another surface.
The defense called two government witnesses who countered prosecution
witness testimony about the duct tape. The chief investigator for the medical examiner
stated that the original placement of the duct tape was unclear and it could
have shifted positions as he collected the remains.
Cindy Anthony testified that their family buried their pets in blankets
and plastic bags, using duct tape to seal the opening.[ Additionally, an FBI forensic
document examiner found no evidence of a sticker or sticker residue on the duct
tape found near the child's remains.
The defense called forensic pathologist Dr. Werner Spitz, who performed a second
autopsy on Caylee after Garavaglia and challenged Garavaglia's autopsy report.
He called her autopsy "shoddy," saying it was a failure that Caylee's
skull was not opened during her examination. "You need to examine the
whole body in an autopsy.”
Spitz stated that he was not
allowed to attend Garavaglia's initial autopsy on Caylee's remains, and that,
from his own follow-up autopsy, he was not comfortable ruling the child's death
a homicide. He said he could not determine what Caylee's manner of death was,
but said that there was no indication to him that she was murdered.
Additionally, Spitz testified that he believed the duct tape found on Caylee's
skull was placed there after the body decomposed, opining that if tape was
placed on the skin, there should have been DNA left on it, and suggested that
someone may have staged some of the crime scene photos. "The person who
took this picture, the person who prepared this, put the hair there,"
stated Spitz. When asked by Ashton during cross-examination, "So your
testimony is the medical examiner's personnel took the hair that wasn't on the
skull, placed it there?", Spitz answered, "It wouldn't be the first
time, sir. I can tell you some horror stories about that."
On June 21st , Bradley discovered that a flaw in his
software misread the forensic data and that the word "chloroform" had
been searched for only one time and the website in question offered information
on the use of chloroform in the 19th century. On June 23rd , Baez called
Cindy Anthony to the stand, who told jurors she had been the one who performed
the "chloroform" search on the family computer in March 2008.
The prosecution alleged that only Casey could have conducted this search
and the others because she was the only one home at the time. When asked by
prosecutors how she could have made the Internet searches when employment
records show she was at work, Cindy Anthony said despite what her work time
sheet indicates, she was at home during these time periods because she left from
work early during the days in question. Bradley alerted prosecutor Linda
Burdick and Sgt. Kevin Stenger of the Sheriff's Office the weekend of June 25th
about the discrepancy in his software,
and volunteered to fly to Orlando at his own expense to show them.
On the same day, the judge temporarily halted proceedings when the
defense filed a motion to determine if Casey Anthony was competent to proceed
with trial. The motion states the defense received a privileged communication
from their client which caused them to believe that Ms. Anthony is not
competent to aid and assist in her own defense".
The trial resumed on June 27th when the judge announced
that the results of the psychological evaluations showed Casey Anthony was
competent to proceed.
Later, in testimony about air samples, Dr. Ken Furton, a professor of
chemistry at Florida
International University, stated that there is no consensus in the
field on what chemicals are typical of human decomposition. Judge Perry
ruled that the jury would not get to smell air samples taken from the trunk.
The prosecution stated they discussed Bradley's software discrepancy
with Baez on June 27th , and he raised the issue in court
testimony. Baez also asked Judge Perry to instruct the jury about this
search information, but prosecutors disputed this and it was not done. Also
on June 27th , the defense called two private investigators who, in
November 2008, had searched the area where the body was later found. The search
was videotaped, but nothing was found. On June 28th , the
defense called a Texas EquuSearch team leader who did two searches of the area
and found no body. The defense then called Roy Kronk, who recounted the
same basic story he told police about his discovery of Caylee Anthony's remains
in December 2008. He acknowledged receiving $5,000 after the remains were
identified, but denied that he told his son that finding the body would make
him rich and famous. The next day, his son testified he had made such
statements.
On June 30th , the defense called Krystal Holloway, a
volunteer in the search for Caylee, who stated that she had had an affair with
George Anthony, that he had been to her home, and that he had texted her,
"Just thinking about you. I need you in my life."
She told the defense that George Anthony had told her that Caylee's
death was "an accident that snowballed out of control." Under
cross-examination by prosecutors, they pointed to her sworn police statement in
which she had said that George Anthony believed it was an accident, rather than
knowing that it was. In her initial report, Holloway reported George Anthony
saying, "I really believe that it was an accident that just went wrong and
that Casey Anthony tried to cover it up." She said he had not told her he
was present when the alleged accident occurred.[94][95] During the redirect
examination, Baez asked Holloway if George Anthony had told her that Caylee was
dead while stating publicly that she was missing, to which she replied yes.
In his earlier testimony, George Anthony denied the affair with Holloway
and said he visited her only because she was ill. He said he sent the text
message because he needed everyone who had helped in his life. After
Holloway's testimony, Judge Perry told jurors that it could be used to impeach
George Anthony's credibility, but that it was not proof of how Caylee died
and/or evidence of Casey Anthony's guilt or innocence.
The prosecution rested its case on June 15th , after
calling 59 witnesses for 70 different testimonies. The defense rested its case
on June 30th , after calling 47 witnesses for 63 different
testimonies. Casey Anthony did not testify.
On June 30yh and July 1st
, the prosecutor presented rebuttal arguments, beginning by showing the jury
photographs of Caylee's clothes and George's suicide note. It recalled two
representatives of Cindy Anthony's former employer who explained why their computer
login system showed that Cindy was at work the afternoon she said she went home
early and searched her computer for information about chloroform. A police
computer analyst testified someone had purposely searched online for "neck
+ breaking." Another analyst testified she did not find evidence that
Cindy Anthony had searched certain terms she claimed to have searched.
Anthropology professor Dr. Michael Warren from the University of Florida was
recalled to rebut a defense witness on the need to open a skull during an
autopsy. The lead detective stated that there were no phone calls between Cindy
and George Anthony during the week of June 16th , 2008.
However, he told the defense he did not know that George had a second cell
phone.
Closing arguments were heard July 3rd and July 4th Jeff
Ashton, spoke for the prosecution and
told the jury, "When you have a child, that child becomes your life. This
case is about the clash between that responsibility, and the expectations that
go with it, and the life that Casey Anthony wanted to have.” He outlined
the state's case against Casey, touching on her many lies to her parents and
others, the smell in her car's trunk—identified by several witnesses, including
her own father, as the odor from human decomposition—and the items found with
Caylee's skeletal remains in December 2008. He emphasized how Casey
"maintained her lies until they absolutely cannot be maintained any
more" and then replaced them with another lie, using "Zanny the
Nanny" as an example. Anthony repeatedly told police that Caylee was with
the nanny that she specifically identified as Zenaida Fernandez-Gonzalez.
Police, however, were never able to find the nanny. Authorities did find a
woman named Zenaida Fernandez-Gonzalez, but she denied ever meeting the
Anthonys.
Ashton reintroduced the items found with Caylee's remains, including
a Winnie the Pooh blanket
that matched the bedding at her grandparents' home, one of a set of laundry
bags with the twin bag found at the Anthony home, and duct tape he said was a
relatively rare brand. "That bag is Caylee's coffin," Ashton said,
holding up a photograph of the laundry bag, as Casey reacted with emotion. He
further criticized the defense's theory that Caylee drowned in the Anthony pool
and that Casey and George panicked upon finding the child's body and covered up
her death. He advised jurors to use their common sense when deciding on a
verdict. "No one makes an accident look like murder," he said.
Before closing arguments, Judge Perry ruled that the defense could argue
that a drowning occurred due to reasonable conclusions aided by witness
testimony but that arguing sexual abuse was not allowed since there was
nothing to support the claim that George sexually abused Casey.
Defence lawyer Baez began by contending that there were holes in the
prosecution's forensic evidence, saying it was based on a "fantasy".
He told the jury that the prosecution wanted them to see stains and insects
that did not really exist, that they had not proven that the stains in Anthony's
car trunk were caused by Caylee's decomposing body, rather than from a trash
bag found there. He added that the prosecutors tried to make his client look
like a promiscuous liar because their evidence was weak. He said the drowning
is "the only explanation that makes sense" and showed jurors a
photograph of Caylee opening the home's sliding glass door by herself. He
stressed that there were no child safety locks in the home and that both of
Casey's parents, George and Cindy, testified that Caylee could get out of the
house easily.
Although Cindy testified that Caylee could not put the ladder on the
side of the pool and climb up, Baez alleged that Cindy may have left the ladder
up the night before. "She didn't admit to doing so in testimony," he
said, "but how much guilt would she have knowing it was her that left the
ladder up that day?"
Defense attorney Jose Baez told jurors his biggest fear was that they
would base their verdict on emotions, not evidence. "The strategy behind
that is, if you hate her, if you think she's a lying, no-good slut, then you'll
start to look at this evidence in a different light," he said.
"I told you at the very beginning of this case that this was an
accident that snowballed out of control What made it unique is not what
happened, but who it happened to."
He explained that Casey Anthony's behavior as being the result of her
dysfunctional family situation. At one point as Baez spoke, Ashton could be
seen smiling or chuckling behind his hand. This prompted Baez to refer to him
as "this laughing guy right here".
The judge called them a sidebar
conference, in which the lawyers meet at
the side of judge’s bench Then the judge called for a a recess. When court
resumed, he chastised both sides, saying both Ashton and Baez had violated his
order that neither side should make disparaging remarks about opposing counsel.
After both attorneys apologized, the judge accepted the apologies but warned
that a recurrence would have the offending attorney excluded from the courtroom.
D0ing that would be grounds for a
mistrial. A fine is the appropriate penalty.
Defense attorney Cheney Mason then followed with an
additional closing argument. Addressing the jury to discuss the charges against
Casey Anthony, he said, "The burden rests on the shoulders of my
colleagues at the state attorney's office," Mason said, referring to
proving that Casey Anthony committed a crime. Mason said that the jurors are
required, whether they like it or not, to find the defendant not guilty if the
state did not adequately prove its case against Casey Anthony. Mason
emphasized that the burden of proof is
on the state, and that Casey Anthony's decision not to testify is not an
implication of guilt. That iis true. If a defendant chooses not to
testify, it is because the defendant doesn’t want to risk being asked questions
in which the answers may be damaging
to his or her defence.
The lead prosecutor, Linda Diane Burdick in the prosecution rebuttal
told the jurors that she and her colleagues backed up every claim they made in
their opening statement six weeks earlier and implied that the defense never
directly backed up their own opening-statement claims. She said, "My
biggest fear is that common sense will be lost in all the rhetoric of the
case," she said, insisting that she would never ask the jury to make their
decision based on emotion but rather the evidence. "Responses to
guilt are “oh, so predictable," she stated. "What do guilty people
do? They lie, they avoid, they run, they mislead, they divert attention away
from themselves and they act like nothing is wrong." She suggested that
the garbage bag in the trunk of the car was a "decoy" put there to
keep people from getting suspicious about the smell of the car when she left it
abandoned in a parking stall directly beside a dumpster in an Amscot parking
lot.
"Whose life was better without Caylee?" she asked, stressing
how George and Cindy Anthony were wondering where their daughter and
granddaughter were in June and July 2008, the same time Casey was staying at
her boyfriend's apartment while Caylee's body was decomposing in the woods.
"That's the only question you need to answer in considering why Caylee
Marie Anthony was left on the side of the road dead." Burdick then showed
the jury a split-screen with a photo of Casey partying at a night club on one
side and a close-up of the "Bella Vita" (meaning "Beautiful Life")
tattoo that she got weeks after Caylee died .
Putting that particular tattoo on her
arm was a dumb thing to do. It implied that the death of her daughter meant
nothing to her and that her death made her free from having to spend time taking
care of her daughter.
The jury began deliberations on July 4th but on July 5th,
prosecutors stated that, during deliberations, they were about to give the jury
the corrected information with regard to Bradley's software discrepancy
however, the jury reached a verdict before they could do so.
One legal analyst stated that if the jury had found Casey guilty before
receiving the exculpatory evidence,
the prosecution's failure to fully disclose it could have been grounds for a
mistrial.
On July 5th , 2011, the jury found Casey not guilty of counts
one through three regarding first-degree murder, aggravated manslaughter of a
child, and aggravated child abuse, while finding her guilty on counts four
through seven for providing false information to law enforcement:
·
Count Four: Anthony said she was employed at Universal Studios during
2008, pursuant to the investigation of a missing persons report.
·
Count Five: Anthony said she had left Caylee at an apartment complex
with a babysitter causing law enforcement to pursue the missing babysitter.
·
Count Six: Anthony said she informed two "employees" of
Universal Studios, Jeff Hopkins and Juliet Lewis, at Universal, of the
disappearance of Caylee.
·
Count Seven: Anthony said she had received a phone call and spoke to
Caylee on July 15, 2008, causing law enforcement to expend further resources.
On July 7th, 2011, sentencing arguments were heard. The
defense asked for the sentencing to be based on one count of lying on the
grounds that the offenses occurred as part of a single interview with police
dealing with the same matter, the disappearance of her daughter, as one
continuous lie. The defense also argued for concurrent sentences, that is for
all four counts to become one count and the sentence to run together as one.
The judge disagreed with defense arguments, finding that Anthony's
statements consisted of "four distinct, separate lies" ordered the
sentences be served consecutively,
noting that "Law enforcement expended a great deal of time, energy and
manpower looking for Caylee Marie Anthony. This search went on from July
through December, over several months, trying to find Caylee Marie
Anthony."
Judge Perry sentenced Casey to one year in the county jail and
$1,000 in fines for each of the four counts of providing false information to a
law enforcement officer, the maximum penalty prescribed by law. She received
1,043 days credit for time served plus
additional credit for good behavior, resulting in her release on
July 17, 2011.
Anthony filed a notice of appeal on July 15, 2011.
In September 2011, Perry, complying with a Florida statute requiring
judges to assess investigative and prosecution costs if requested by a state
agency, ruled that Casey Anthony must pay $217,000 to the state of Florida. He
ruled she had to pay those costs directly related to lying to law enforcement
about the death of Caylee, including search costs only up to September 30th,
2008, when the Sheriff's Office stopped investigating a missing-child case.[113][114] In earlier arguments, Mason
had called the prosecutors' attempts to exact the larger sum "sour
grapes" because the prosecution lost its case. He told reporters that
Anthony is indigent.
In January 2013, a Florida appeals court reduced her convictions from
four to two counts. Her attorney had argued that her false statements
constituted a single offense; however, the appeals court noted she gave false
information during two separate police interviews several hours apart.
When the not-guilty
verdict was rendered, there was significant outcry among the general public and
media that the jury made the wrong decision. Outside the courthouse, many
in the crowd of 500 reacted with anger, chanting their disapproval and waving
protest signs. People took to Facebook and Twitter, as well as other social media
outlets, to express their outrage. Traffic to news sites surged from about
two million page views a minute to 3.3 million, with most of the
visits coming from the United States. Mashable reported that between 2 pm
and 3 pm, one million viewers were watching CNN.com/live, 30 times
higher than the previous month's average. Twitter's trending topics in the
United States were mostly about the subjects related to the case, and Newser reported that posts on Facebook
were coming in "too fast for all Facebook to even count them, meaning at
least 10 per second".[137] Some people referred to the
verdict as "O.J. Number 2", and various media personalities and
celebrities expressed outrage via Twitter.[131][138][139] News anchor Julie Chen became visibly upset while
reading the not-guilty verdict on The Talk and
had to be assisted by her fellow co-hosts, who also expressed their dismay.
Others, such
as Sean Hannity of
the Fox News Channel,
felt the verdict was fair because the prosecution did not have enough evidence
to establish guilt or meet its burden of proof beyond
a reasonable doubt. Hannity said that the verdict was legally correct, and that
all of the evidence that was presented by the prosecution was either impeached
or contradicted by the defense. John Cloud of Time magazine echoed these
sentiments, saying the jury made the right call: "Anthony got off because
the prosecution couldn't answer [the questions]," Cloud stated.
"Because the prosecutors had so little physical evidence, they built their
case on Anthony's (nearly imperceptible)
moral character. The prosecutors seemed to think that if jurors saw what a
fantastic liar Anthony was, they would understand that she could also be a
murderer.
Disagreement
with the verdict was heavily debated by the media, lawyers and psychologists,
who put forth several theories for public dissatisfaction with the decision,
ranging from wanting justice for Caylee, to the circumstantial evidence having
been strong enough, to some blaming the media.[143] UCLA forensic
psychiatrist Dr. Carole Lieberman, said, "The main reason that people are
reacting so strongly is that the media convicted Casey before the jury decided
on the verdict. The public has been whipped up into this frenzy wanting revenge
for this poor little adorable child. And because of the desire for revenge,
they've been whipped up into a lynch mob." She added, "Nobody likes a
liar, and Anthony was a habitual liar. And nobody liked the fact that she was
partying after Caylee's death. Casey obviously has a lot of psychological
problems. Whether she murdered her daughter or not is another thing.”
n
my opinion. Casey Anthony was the person who killed her daughter. It was her
lying testimony and statements to the
police in which she lied that convinced me of her guilt.
There was a gender gap in perceptions to the case. According
to a USA Today/Gallup Poll of 1,010
respondents, about two-thirds of Americans (64 percent) believed Casey Anthony
"definitely" or "probably" murdered her daughter; however,
women were much more likely than men to believe the murder charges against her
husband Anthony and to be upset by the not-guilty verdict. The poll reported
that women were more than twice as likely as men, 28 percent versus 11 percent,
to think Anthony "definitely" committed murder. Twenty-seven percent
of women said they were angry about the verdict, compared with nine percent of
men. On the day Casey Anthony was sentenced for lying to investigators in
the death of her daughter.
supporters and protesters gathered outside the Orange County
Courthouse, with one man who displayed a sign asking Anthony to marry him. Two
men who drove overnight from West Virginia held signs that said, "We love
and support you Casey Anthony," and "Nancy Grace, ( television commentator ) has spoken.
The gender gap has partly been explained by "the
maternal instinct". The idea of a mother murdering her own child is a
threat to the ideal of motherhood. For example, the trial was compared to
the 1960s trial of Alice
Crimmins, who was accused of murdering her two small children.
Explanations other than, or emphasizing, the prosecution's
lack of forensic evidence were given for the jury's decision. A number of media
commentators reasoned that the prosecution overcharged the case by tagging on
the death penalty, concluding that
people in good conscience could not sentence Anthony to death based on the
circumstantial evidence presented.[144][150] The CSI effect was also
extensively argued—that society now lives "in a 'CSI age' where everyone
expects fingerprints and DNA, and we are sending a message that old-fashioned
circumstantial evidence is not sufficient".[144] Likewise, commentators such
as the O. J. Simpson case
prosecutor Marcia Clark believe that
the jury interpreted "reasonable doubt" too narrowly. Clark said
instruction on reasonable doubt is "the hardest, most elusive"
instruction of all. "And I think it's where even the most fair-minded
jurors can get derailed," she said, opining the confusion between reasonable
doubt and a reason to doubt. "In Scotland, they have
three verdicts: guilty, not guilty, and not proven. It's one way of
showing that even if the jury didn't believe the evidence amounted to proof
beyond a reasonable doubt, it didn't find the defendant innocent either.
Based
on the fact that she lied in her testimony and to the police, I am convinced that she murdered her own
daughter.
My own commentary in this article is based on a
number of factors. First, I began practicing criminal law in 1964 and retired
in the practice of law in 2006. I had hundreds of clients and I had represented
them in twelve cities in Ontario. I won 80 percent of those cases.I also aught
law to paralegals for five years Second,
I spent a year studying forensic sciences at the Ontario Center for Forensic Sciences.
I was also a n experienced investigator
and in one case in which I was asked to investigate, I was able to prove
that the man who was sentenced to life in prison for murdering his mother was
in fact innocent after I found specs of blood on the wall hat was proof that
a left hand man committed the murder and not the right-handed man serving life in prison The murder was actually
committed by the left handed man who
testified against the right handed man. He was charged with the murder but died
before his trial was to begin. In the second investigation, a man was charged
with capital murder. He claimed that the woman was not killed in his living
room but outside his kitchen window because he thought she was a burglar. The
police didn’t believe him.. I found a
witness and also discovered that the dead women’s fingers and palm prints were
on the metal staircase leading to the kitchen window. Subsequently, the charge
was reduced to manslaughter because he was drunk and he was sentence to five
years and released after serving four years. My book, HOW TO BE A GOOD PRIVATE
INVESTIGATOR was published years ago.
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