The jury just announced that Casey Anthony has been found NOT GUILTY on all murder and manslaughter charges!!!
Is this real? Is this true? Is this just a bad dream???
I'd been watching Casey Anthony on trial for murdering her child for six weeks. I was hooked. A beautiful child turned to bones in a bag.. HOW had this happened? Is this pure evil?
Watching the trial every day, hearing almost every word the jurors heard, as the trial neared its end, I assumed most of the jurors were leaning toward 1st Degree Murder, possibly the death penalty. Although if they went with 1st degree murder not 2nd, I was pretty certain they'd give her Life in prison.
The other charges of note, Aggravated Manslaughter and Aggravated Child Abuse, didn't sound as "serious"...unless you knew, as the jury would, that finding Casey guilty on both those charges would mean a 1st Degree Felony Murder Charge. If the jury did not find multiple counts of child abuse, they could find her guilty of a single count of child abuse along with child manslaughter, which had a recommended sentence of five years, and a max of 20 years. I hoped Judge Perry would lean toward 20 years if that was what they chose.
The other four charges were misdemeanors. Lying to the police in various forms. Interfering with a police investigation. Interestingly, lying to the police in the course of an investigation is merely a misdemeanor, in contrast to lying on the witness stand (perjury), a felony, which carries a ten-year sentence. It seems to me lying to the police in a matter like this, i.e., the investigation of a missing child, should have a more serious penalty. But that hardly seemed to matter. The question here was, would she get life or death? Mostly for George and Cindy Anthony's sake, I hoped she'd get life. It seemed too much to have to watch George and Cindy deal with the impending execution of their daughter.
As I sit here now, I know I expected 1st Degree Murder, but assumed the jury would not sentence her to death. That was really all I could imagine.
On Day Two, just after the 10th hour of deliberation, the jury announced it had a verdict. This was quick, and quick usually means guilty. Usually. That could only mean one thing. The went with 1st Degree Murder. Would they be reasonable and not give her the death penalty? I hoped so.
When the jury began to deliberate, In Session put a "jury clock" on the right hand corner of the screen. It ticked away, one hour, two hours, three hours. Vinnie Politan, In Session commentator and former prosecutor, said that he usually estimated about one day for every week of trial, or one hour for every day of trial. That would mean four to six days. Florida juries, said several legal experts, like those in Texas, tended to come back much faster than those in other states, so two to three days was one estimate.
About noon on the second day of trial, I was watching In Session and that jury clock was gone. Instead, VERDICT REACHED was flashing across the screen. Verdict reached. I kept looking at the two words. Verdict Reached... VERDICT REACHED???? It took several minutes for this to sink in. I don't think I've ever felt the kind of anticipation I felt right then during a criminal trial. After all those days, all those videos of Caylee playing, singing, dancing, laughing... I was invested. I had "friends" on Twitter who were invested. It seems odd to explain how deeply I felt about this case of a young mom charged with killing her nearly three year old child. It was as if she were my neighbor, and the Anthony family too.
Verdict Reached. My heart was pounding. I took to Twitter and Facebook: Verdict reached. Announced in 45 minutes. Mobs surrounded the courthouse, with police keeping the crowd under control. People were making phone calls, texting, tweeting. It was unreal.
The judge looked at the verdict, handed it back to the bailiff. I'm not sure right now who read it, but I don't think it was the jury foreman. Maybe it was.
Deep breath. I could hear someone saying.. (maybe it was the foreperson..) "On the count of first degree murder, we find Casey Anthony... NOT GUILTY." Wait.. what? What? Not guilty...? This was HUGE. The jury had found Casey Anthony Not Guilty of First Degree Murder. It took a few moments to register that this meant she'd been found NOT GUILTY of 2nd Degree Murder too.
I guess they went with the Aggravated Child Abuse- Aggravated Manslaughter charges. Both were needed for a First Degree Felony Murder charge.
Next charge being read. "On the Count of Aggravated Child Abuse, the Jury Finds Casey Anthony Not Guilty." I was stunned. Stunned.
Next Charge: "On the Count of Aggravated Manslaughter, the Jury finds Casey Anthony Not Guilty."
Stunned silence filled the courtroom. I did not hear this right. I know I didn't. What was I missing...?
Charges continued to be read, the misdemeanors. I knew they'd find her guilty on those, as the defense admitted to those. She lied to everyone including the police. Surely they were going to say, The Jury Finds Casey Anthony Guilty of 2nd Degree Murder. But only silence filled the courtroom.
George and Cindy Anthony did not smile. They did not embrace. They got up and exited the courtroom. George's name had been dragged through the mud, but no one would be reading a verdict clearing him. There would be no, George Anthony, NOT GUILTY of CHILD MOLESTATION. There would be NO, George Anthony, NOT GUILTYof covering up the death of his granddaughter. Those accusations would stand on the record, and he and his wife would have to live with that.
This was July 5, 2011. After 31 days of trial, six weeks. Three years of reading about this case. Months of reading about the search for Caylee... Here it was. OVER. Over. And Casey Anthony had gotten away with it. Maddeningly, no one-- except Casey Anthony-- knew exactly WHAT it was she had done. But we all knew she'd done something. And we all saw she was not being punished.
I knew then, in a moment, that not knowing what had happened... not knowing at ALL what had happened... that was what it was. That is why the jury didn't convict here. Before deliberations that never even occurred to me. But I knew now. With all there was, there wasn't a cause of death. It was, as someone from the prosecutor's office said, a "dry bones case." And "dry bones' cases," he said, are extremely tough to win.
It's now four days later... and that verdict still echoes in my head. I feel shaken to my core. Is it real? Is it a bad dream? I can't say. I can say that I now know how badly I wanted justice for Caylee Anthony, a child I didn't know, but feel I did. I've never known anyone who was murdered, and never knew anyone who's child had died that way. For the first time I know what it feels like..just a little...just a little.. to know of a child who was murdered...and to watch her murderer walk away scot free.
I think all of us who watched the trial in depth, we came to know Caylee, the subject of MANY many a home video. A child full of life, full of promise.. as children are... a child whose bones were found, in a bag, in a swamp, with duct tape over her face, or rather, the skeletal nose and mouth. Caylee Anthony, a child whose life touched so many, is a child whose death touched even more. She joins the ranks not just of murdered children, but of murdered children whose killers walk free.
Somehow George and Cindy Anthony must find a way to live with this. I'm not quite sure how they will. I'm not quite sure that they will.
Somehow the rest of us must find a way to make sense of it all. One of my fellow trial watchers Susan kept saying she just wanted to make sense of it all. But how? Without the guilty party punished, how can that happen? How will it? I'm not sure it will. Not sure at all.
But those of us saddened, shocked and outraged.. we must take that pain and must use it to do something good. In honor of Caylee Anthony. In honor of all murdered children. Help a child. Help a mom. Become a big sister or brother. Visit a children's hospital. Do something for a child. Do something good. It's the only way I know to make this matter.
July 5, 2011
Jury is Back as of 1:45pm EST 7/5/11
The jury is back. It seems pretty quick. They may have had a verdict last night as they came in to court dressed up today, one man who'd never worn a tie, wearing a tie today.
Statistically, a fast verdict is not favorable to the defendant.
Statistically, a fast verdict is not favorable to the defendant.
Second Day of Jury Deliberations
The jury is deliberating on multiple charges against Casey Anthony including four counts of lying to police officers, aggravated child abuse, manslaughter of a child, 2nd degree murder, felony murder (1st and 2nd degree), 1st degree murder. Felony murder is very similar to aggravated child abuse leading to manslaughter, but has a very different penalty. Child abuse leading to a death (child manslaughter) has a recommended sentence of five years, although a judge may impose up to 20 years.
One can get to felony murder by determining Casey engaged in aggravated child abuse (i.e., she used chloroform on Caylee to keep her quiet) and in the course of doing so, Caylee died. Felony murder seems relatively easy to get to-- and first degree felony murder can be a life sentence (or 25 to life etc) with parole.
The defense didn't even dispute the four charges of lying to a police officer, which would be a total of four years. If the jury were to go with aggravated child abuse and manslaughter, she could get a sentence for that of five years. So nine years is the absolute minimum amount of time served.
It seems there is a verdict. It's 10:55 am PST - There is a verdict.
One can get to felony murder by determining Casey engaged in aggravated child abuse (i.e., she used chloroform on Caylee to keep her quiet) and in the course of doing so, Caylee died. Felony murder seems relatively easy to get to-- and first degree felony murder can be a life sentence (or 25 to life etc) with parole.
The defense didn't even dispute the four charges of lying to a police officer, which would be a total of four years. If the jury were to go with aggravated child abuse and manslaughter, she could get a sentence for that of five years. So nine years is the absolute minimum amount of time served.
It seems there is a verdict. It's 10:55 am PST - There is a verdict.
July 4, 2011
Wait.. One Search for Chloroform Not 84! (Jury Deliberating for 3 Hours)
I know I mentioned this in my discussion of Jose Baez's closing, but I don't think it really hit me. An enormous part of the State's case for premeditation had to do with those 84 searches for chloroform. In his closing, Jose Baez said it was only ONE search. It didn't hit me until today that the State does not allow him to present this evidence in his closing unless they have acknowledged and conceded the point. Otherwise it would be "assuming facts not in evidence"!
The reason the computer expert had said 84 searches had to do with keystrokes and/or visits to other websites (like My Space) during that same computer session. I have a feeling that if Mom hadn't perjured herself on this point, additional investigation might not have uncovered this. (Thanks Mom, Casey must be thinking.)
I have to say, I think this affects the State's credibility a LOT. I wondered WHY Prosecutor Jeff Ashton wasn't talking about chloroform in his closing. Is this not a BIG deal, hammering something home to the jury over and over, and turns out it's wrong! I've seen these things come out after a verdict in a case for wrongful conviction, but right before closing arguments..?? Think of ALL the time spent in court on chloroform..
I think this can tip the case away from premeditated murder. Of course, a 2nd Degree Murder charge can mean a Life sentence, but WITH parole. Casey could get out in 20 years and be 45, still have a life! I am kind of disappointed in the State here. They should have had independent experts evaluate evidence that directly leads to a First Degree Murder conviction, AND the "ultimate sanction." Shame on you, Florida!
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The reason the computer expert had said 84 searches had to do with keystrokes and/or visits to other websites (like My Space) during that same computer session. I have a feeling that if Mom hadn't perjured herself on this point, additional investigation might not have uncovered this. (Thanks Mom, Casey must be thinking.)
I have to say, I think this affects the State's credibility a LOT. I wondered WHY Prosecutor Jeff Ashton wasn't talking about chloroform in his closing. Is this not a BIG deal, hammering something home to the jury over and over, and turns out it's wrong! I've seen these things come out after a verdict in a case for wrongful conviction, but right before closing arguments..?? Think of ALL the time spent in court on chloroform..
I think this can tip the case away from premeditated murder. Of course, a 2nd Degree Murder charge can mean a Life sentence, but WITH parole. Casey could get out in 20 years and be 45, still have a life! I am kind of disappointed in the State here. They should have had independent experts evaluate evidence that directly leads to a First Degree Murder conviction, AND the "ultimate sanction." Shame on you, Florida!
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July 3, 2011
Jose Baez Calls Jeff Ashton "That Laughing Man"
Jose Baez was really on a roll. He was just in the midst of saying, "We're not talking about fantasy forensics anymore. We're talking about cold hard evidence that points to one person.." And that one person he is talking about is George Anthony. However right at that point, Jeff Ashton is laughing, covering up his mouth. And in fact he has a hard time controlling his facial expressions throughout Baez's closing, and is smirking, smiling and laughing quite a bit. This is beyond a spontaneous outburst or a single stifled laugh.
However Jose Baez interrupts his statement suddenly, and says "despite what that 'laughing man' might say.." Jeff Ashton OBJECTS.
Jose Baez was right that Ashton's behavior was completely unprofessional. According to Sunny Hostin of In Session (a former federal prosecutor), Ashton was engaging in these types of facial expressions from the very beginning of the trial.
However, if he had been able to control himself, stop and tell Judge Perry appropriately about Ashton's violation, he would have really won big. Instead, by losing it, he broke one of the rules of closing, and thus both he and Jeff Ashton were reprimanded.
However Jose Baez interrupts his statement suddenly, and says "despite what that 'laughing man' might say.." Jeff Ashton OBJECTS.
Jose Baez was right that Ashton's behavior was completely unprofessional. According to Sunny Hostin of In Session (a former federal prosecutor), Ashton was engaging in these types of facial expressions from the very beginning of the trial.
However, if he had been able to control himself, stop and tell Judge Perry appropriately about Ashton's violation, he would have really won big. Instead, by losing it, he broke one of the rules of closing, and thus both he and Jeff Ashton were reprimanded.
Yes, Way, Jose (Baez)!
I imagine he will go on too long, but Jose Baez is doing far better than expected. He is persuasive. If I were on the jury, I would by now be rethinking a first degree murder verdict.
Baez points out that Dr. Arpad Vas, the sole witness who stated that chloroform was present at very high level--shockingly high levels--is not a chemist. "No matter how much his friend Marcus Weiss would like him [Dr. Vas] to be a chemist, he is NOT a chemist. Sometimes I'd like to be a race car driver. And sometimes I drive pretty fast. But that does not make me a race car driver."
And he pointed out that a number of actual CHEMISTS disagreed with Dr. Vas. The FBI chemist said the levels of chloroform were low, and were consistent with the amount one would find from cleaning products.
He points out that the medical examiner could not determine a manner of death. And yet she (the M.E.) determined it a homicide. Jose Baez pointed out that the three reasons the ME stated that she called it an accident were as follows: 1) The death wasn't reported; 2) The body was buried in the woods; 3) Duct tape appeared to be be taped to the face. And Baez is correct that you don't have to be a doctor to state any of these things. And none of these things are actually proof that Caylee's death was a homicide. Excellent points.
Baez points out that the prosecution wants you to believe Cindy Anthony. She talks about many things that the prosecution needs you to believe. And yes, he says, the state went out of their way to prove Cindy Anthony a liar. They want you to believe whatever she says the supports the prosecution, he says, but disregard everything she says that supports the defense.
He further confirms that even if decomp does exist in the car, this is not proof of homicide. This fact is equally consistent with an accidental death.
Jose Baez is at his most convincing during his closing. He may in fact save her from a first degree murder conviction. I truly cannot believe this turnaround. It's almost as if he hid his ability before now only to surprise the prosecution with the power of this closing. I think he's doing really well.
Baez points out that Dr. Arpad Vas, the sole witness who stated that chloroform was present at very high level--shockingly high levels--is not a chemist. "No matter how much his friend Marcus Weiss would like him [Dr. Vas] to be a chemist, he is NOT a chemist. Sometimes I'd like to be a race car driver. And sometimes I drive pretty fast. But that does not make me a race car driver."
And he pointed out that a number of actual CHEMISTS disagreed with Dr. Vas. The FBI chemist said the levels of chloroform were low, and were consistent with the amount one would find from cleaning products.
He points out that the medical examiner could not determine a manner of death. And yet she (the M.E.) determined it a homicide. Jose Baez pointed out that the three reasons the ME stated that she called it an accident were as follows: 1) The death wasn't reported; 2) The body was buried in the woods; 3) Duct tape appeared to be be taped to the face. And Baez is correct that you don't have to be a doctor to state any of these things. And none of these things are actually proof that Caylee's death was a homicide. Excellent points.
Baez points out that the prosecution wants you to believe Cindy Anthony. She talks about many things that the prosecution needs you to believe. And yes, he says, the state went out of their way to prove Cindy Anthony a liar. They want you to believe whatever she says the supports the prosecution, he says, but disregard everything she says that supports the defense.
He further confirms that even if decomp does exist in the car, this is not proof of homicide. This fact is equally consistent with an accidental death.
Jose Baez is at his most convincing during his closing. He may in fact save her from a first degree murder conviction. I truly cannot believe this turnaround. It's almost as if he hid his ability before now only to surprise the prosecution with the power of this closing. I think he's doing really well.
Krystal Holloway. Witness for the Prosecution
Calling Krystal Holloway to the stand was one of the defense's many witnesses who ended up testifying for the prosecution. She had told the police that George had said to her, prior to Caylee's body being found, that "this was an accident that went terribly wrong," a statement that could suggest George had prior knowledge of Caylee's death. However, when put into context, and added to another statement George made, it was clear that he was saying, it "had to have been" an accident that went wrong.. and "my daughter is not a 'murderer'."
Both what he said, and what Krystal believed he meant, added up to George speculating about what happened, and confirmed that he had not known what happened. And that cut into the heart of the defense's argument that George was there when an "accident occurred" and that it was he who hid the body.
The other part of Krystal's testimony was about having an affair with George. She was believable when she said that she and George had had an affair. And George was not believable when he got on the stand and denied it. He in fact proved himself to be a pretty poor liar. When asked whether he had a romantic relationship with Krystal Holloway, he said, "No I did not." And that was more than enough. But George added, "I think that is pretty funny." And he repeated that answer when asked if and Krystal had ever been intimate. It seemed clear to all that George protested too much.
Commentators asked one another, could this make George seem like a liar? Could this cause jurors to discount all the testimony offered by George? Although it could, jurors very likely understand why George might lie about this detail, which had nothing to do with the death of Caylee. My guess is that George felt he had already lost too much. He's lost his precious granddaughter. He has lost his daughter. He has lost his former life. He was not going to admit to an affair and alienate his wife. Not even to save his daughter, a daughter he knows is guilty of quite a bit.
I wonder, though, what Cindy really thought. Commentators on every channel--the biggest George supporters--did believe George had had an affair. They did believe George lied on the stand. If they believed it, did Cindy believe it?
Today, the day of closing arguments, their lawyer sits between them in the gallery. I sincerely hope that doesn't mean the two of them aren't doing well together. I can't imagine how they will ever get through this if they do not have each other.
Both what he said, and what Krystal believed he meant, added up to George speculating about what happened, and confirmed that he had not known what happened. And that cut into the heart of the defense's argument that George was there when an "accident occurred" and that it was he who hid the body.
The other part of Krystal's testimony was about having an affair with George. She was believable when she said that she and George had had an affair. And George was not believable when he got on the stand and denied it. He in fact proved himself to be a pretty poor liar. When asked whether he had a romantic relationship with Krystal Holloway, he said, "No I did not." And that was more than enough. But George added, "I think that is pretty funny." And he repeated that answer when asked if and Krystal had ever been intimate. It seemed clear to all that George protested too much.
Commentators asked one another, could this make George seem like a liar? Could this cause jurors to discount all the testimony offered by George? Although it could, jurors very likely understand why George might lie about this detail, which had nothing to do with the death of Caylee. My guess is that George felt he had already lost too much. He's lost his precious granddaughter. He has lost his daughter. He has lost his former life. He was not going to admit to an affair and alienate his wife. Not even to save his daughter, a daughter he knows is guilty of quite a bit.
I wonder, though, what Cindy really thought. Commentators on every channel--the biggest George supporters--did believe George had had an affair. They did believe George lied on the stand. If they believed it, did Cindy believe it?
Today, the day of closing arguments, their lawyer sits between them in the gallery. I sincerely hope that doesn't mean the two of them aren't doing well together. I can't imagine how they will ever get through this if they do not have each other.
Closing Arguments: Masterful Closing by Jeff Ashton
Prosecutor Jeff Ashton made his closing remarks to the jury today, July 3, 2011. He used only an hour and 18 minutes of his allotted four hours, but used it most effectively.
Ashton offered a timeline of Casey's lies and Caylee's life. He challenged the idea that George Anthony would cover up Caylee's accidental death as being diametrically opposed to everything we know about George Anthony thus far and diametrically opposed to common sense.
Does it make sense that a grieving grandfather who is a former cop would dispose of the body of his beloved granddaughter in this way, Ashton asks? Does it make sense that a grieving grandfather would take more time to dispose of the bodies of the family pets whom he buried in the backyard than he would with the body of his own granddaughter who was tossed in a swamp? Ashton submits that, no, such behavior does not make sense. It's a bizarro world. "And this," says Jeff Ashton, "is the world the defense is asking you to occupy."
He asks rhetorically why Casey Anthony would choose this time in Caylee's life to murder her. Why then? And he concludes that "Casey's lies only work if Caylee doesn't talk." And Caylee was beginning to talk. Not just a word or phrase. But full sentences. Casey's lies were not going to work any longer, he suggests, and therefore Caylee had to go.
Why wouldn't Casey just leave her daughter with her parents? Why wouldn't she just walk away? Jeff Ashton submits that Cindy Anthony would not ALLOW Casey Anthony to just walk away. Cindy Anthony wanted her daughter to behave like a mother and to take responsibility as a mother. Cindy Anthony and George Anthony were supporting their daughter. Casey wasn't working, and had no source of income. She had a boyfriend she loved whom she did not want to lose. She could not walk away.
Finally, Jeff Ashton brought up, is the matter of the duct tape on Caylee's head. There is no reason whatsoever to place duct tape on a child's head, whether living or dead. No innocent reason. The explanation for the three pieces of tape was simple, said Ashton. To block her airway, her mouth, her nose. Three pieces of tape were required to cause the death of Caylee Anthony, and thus, three pieces of tape were found on her body.
Ashton offered a timeline of Casey's lies and Caylee's life. He challenged the idea that George Anthony would cover up Caylee's accidental death as being diametrically opposed to everything we know about George Anthony thus far and diametrically opposed to common sense.
Does it make sense that a grieving grandfather who is a former cop would dispose of the body of his beloved granddaughter in this way, Ashton asks? Does it make sense that a grieving grandfather would take more time to dispose of the bodies of the family pets whom he buried in the backyard than he would with the body of his own granddaughter who was tossed in a swamp? Ashton submits that, no, such behavior does not make sense. It's a bizarro world. "And this," says Jeff Ashton, "is the world the defense is asking you to occupy."
He asks rhetorically why Casey Anthony would choose this time in Caylee's life to murder her. Why then? And he concludes that "Casey's lies only work if Caylee doesn't talk." And Caylee was beginning to talk. Not just a word or phrase. But full sentences. Casey's lies were not going to work any longer, he suggests, and therefore Caylee had to go.
Why wouldn't Casey just leave her daughter with her parents? Why wouldn't she just walk away? Jeff Ashton submits that Cindy Anthony would not ALLOW Casey Anthony to just walk away. Cindy Anthony wanted her daughter to behave like a mother and to take responsibility as a mother. Cindy Anthony and George Anthony were supporting their daughter. Casey wasn't working, and had no source of income. She had a boyfriend she loved whom she did not want to lose. She could not walk away.
Finally, Jeff Ashton brought up, is the matter of the duct tape on Caylee's head. There is no reason whatsoever to place duct tape on a child's head, whether living or dead. No innocent reason. The explanation for the three pieces of tape was simple, said Ashton. To block her airway, her mouth, her nose. Three pieces of tape were required to cause the death of Caylee Anthony, and thus, three pieces of tape were found on her body.
Jeff Ashton hadn't talked much about motive during the trial. But in his closing, he did give the jury a glimpse into the workings of Casey Anthony's mind. This was very powerful. He made you see what Casey "saw", feel what Casey felt.
"The evidence in this case," said Ashton, "proves beyond any reasonable doubt that Casey Anthony decided on June 16th that something had to be sacrificed. The the conflict between the life she wanted and the life that was thrust upon her was simply irreconcilable."
July 2, 2011
Jose Baez: The Embodiment of Icarus
The Greek myth of Icarus tells of a young man with such hubris, he believed he could do anything, even fly. So he fashioned a pair of wings with feathers, but glued them together with wax. His hubris led him to imagine himself invincible and fly too close to the sun. As one can imagine, the wax holding the wings together melts, and Icarus takes a brutal fall, ultimately, a deadly one.
This myth might have been tailor-made for the story of Jose Baez, criminal defense attorney who, after a mere three years of trial of experience, took on one of the highest profile First Degree Murder cases in history, with the whole world watching. Like Icarus, who thought too highly of himself, Baez thought he was up to a task that would give the most seasoned defense attorney pause.
I've heard some In Session (TruTV) commentators say, Jose Baez has experience. He has 45 cases under his belt. Maybe so, but not 45 cases of this magnitude. Baez has tried five murder cases, and one capital case, cases which reportedly had nothing like the complexity of the Casey Anthony case. Jose Baez does not have the experience and background one would expect to lead a defense team in a complex high-profile capital murder case being watched by the world.
Jose Baez, as it turns out, has a rather checkered past, according to the Orlando Sentinel*. Baez was born in Puerto Rico in 1969, and grew up in the Bronx and South Florida, raised by his mom, a single parent. He dropped out of Homestead High in 9th grade. Following that, he married at 17 and shortly became a father. He then earned a GED in lieu of a high school diploma and joined the Navy.
According to his resume, Baez spent three years assigned to the North Atlantic Treaty Organization (NATO) in Norolk, Virginia, where he trained as an intelligence analyst with what he describes as "Cosmic Top Secret" security clearance. Upon discharge from the military, he attends Miami-Dade Community College and transfers to Florida State University, from which he graduates. Baez is a black belt in Tae Kwon Do, and competed with the karate, pistol and crime scene team from FS U's chapter of Lambda Alpha Epsilon, a fraternity of criminology majors.
Baez was accepted to St. Thomas University of Law in Miami and graduated in 1997. It is unclear when he takes the Bar, however passing the Bar exam is not the only qualification for becoming a lawyer. One must be accepted by the State Bar. In 1998, after his graduation from law school, Jose Baez was called before the Florida Board of Bar Examiners which screens prospective Florida attorneys. He was told his application to become a member of the Bar had been denied based on what I call, "behavior unbecoming an officer of the court."
Jose Baez appealed this decision all the way to the Florida Supreme Court, and the Supreme Court upheld the Board's decision. The Florida Supreme Court issued an order in 2000 denying Baez entrance to the Bar citing "unpaid bills, extravagant spending and other financial irresponsibility" up to that time. Justices reserved the strongest condemnation for Jose Baez's failure to stay current on his child support payments for his only child. His overall behavior, wrote the Justices, showed a "total lack of respect for the rights of others and a total lack of respect for the legal system, which is absolutely inconsistent with the character and fitness qualities required of those seeking to be afforded the highest position of trust and confidence recognized by our system of law." For eight more years, the Bar continued to deny Jose Baez's entrance.
Undeterred, Baez began working as a paralegal for the Miami-Dade Public Defender's office. He also taught internet research to lawyers and started four businesses including two bikini companies (Bon Bon Bikinis and Brazilian-Bikinis.com), and applied for his real estate license. After working for the Miami-Dade Public Defender's office as a paralegal for a number of years, Baez took and passed the Bar exam in 2005 and at that time he was accepted by the Florida Bar. At present, Jose Baez is a lawyer in good standing with the Florida Bar Association.
It's really quite a story. One can see that Baez had a rough beginning, a rough middle, and had to face consequences for his actions for a number of years before he was given the privilege of practicing law. One would think these experiences humbled him, but alas it does not seem so.
He is a tragic figure, I believe, and his tragic flaw, like Icarus, is that of hubris. As a result, he behaves brazenly and even recklessly, both in his personal and his professional life. All those years in the Public Defender's office, and it is surprising he did not learn the lesson that all defense lawyers must learn: Do not assume your client is being truthful, do not trust your client, do not take your client's word for anything. And for heaven's sake, DO NOT tell the jury you are going to prove something you CANNOT prove! If you do, you will lose all credibility with a jury, if you lose all credibility, your client will as well!
I knew Jose Baez was asking for trouble in presenting a defense saying Casey Anthony had been molested since the age of 8, and further, that George Anthony had witnessed the death of Caylee and had himself covered it up. First and foremost, the latter claim is utterly ridiculous. While it IS believable Casey Anthony might have panicked after an accident and attempted to cover it up, it is NOT believable that a man who was a cop, who worked for the Orlando Sheriff's Department, in fact, would consider for one second covering up an accident. Nor is it believable that George Anthony would then allow his daughter to take the rap for him. Is such a scenario possible with some father and daughter somewhere? Sure. But an ex-cop certainly knows that covering up an accident is the worst possible move. Further, I think he'd have done a better job hiding the body!
As to the molestation charges, it seems clear that Jose Baez was trying to find a way to explain Casey's lying behavior to the jury. And I have no doubt that, even if prompted in some way by him, she did in fact tell him that this was true. However, to make a charge like this one simply must have some kind of evidence, even if in the form of someone to whom Casey told such a story. Had Baez consulted a number of psychologists, I'm sure one or two could have given some theories as to what COULD have happened to her, as to what her diagnosis was or is. An expert witness could have said that Casey's behavior is consistent with this or that diagnosis, and to have this or that diagnosis, one must have suffered X, Y or Z, even if one does not recall this, or understand it well enough to articulate it. That's about as good as it's going to get.
The fact is, if Jose Baez thought it possible George Anthony molested Casey, and he may well have believed it, he would have done well to investigate. Is there a friend she told? Might a teacher or counselor from school recall anything of note? Does George Anthony have any criminal record? Have there ever be any complaints of any kind against him? Any lawsuits? Was there ever a report made to Child Protective Services? Would Lee be able to testify to anything that could give credence to this charge? Is there an expert witness who can say that Casey exhibits signs of molestation?
Clearly none of these things existed. I'm simply not sure why he thought he could go ahead and put on this defense, even if he had originally planned to put Casey on the stand.
The failure of this case-- and I believe Jose Baez has failed miserably--all comes back to the fact that, like the lawyer played by Richard Gere in Primal Fear, he BELIEVED IN his client. the jury. And I can only imagine that in order to believe Casey was telling the truth, he also had to believe he was immune to the rules all other lawyers must follow. He had to believe that he was special, and that his ability to detect the truth was unique, granting him the ability to go with a defense based solely on the word of a proven liar.
He then built a defense based on his belief that his rapport with Casey was such that she would not lead him astray, that she would in fact tell HIM the truth. That is the only possible reason someone would put on such a risky defense. And thus his defense was built upon the shifting sands of untruths, which could not withstand the scrutiny of actual investigation.
Look how surprised he was-- truly surprised-- that Cindy Anthony committed perjury. As he said to the judge, "We took Mrs. Anthony's word she was telling the truth." I am sure that is true. But THAT is exactly what a defense lawyer cannot afford to do.
Closing statements are scheduled for tomorrow, Sunday July 3, 2011. I expect rather a grand show from Baez. And I expect the usually smugness (perhaps deserved at this point) from Jeff Ashton. I cannot say whether the jury will find Casey Anthony guilty of First Degree Murder, but if I had to guess I'd say yes. If they do not, there are plenty of other charges to keep her in prison for life, or most of her life. But as of right now, I suspect she will get a first degree murder conviction. As for death or life, I'd guess she'd get life, so as to spare George and Cindy Anthony further grief. However, I wouldn't be shocked if she did in fact get death.
* http://mo.imperfectparent.com/topics/2011/06/05/casey-anthony-trial-qod-who-is-jose-baez/
This myth might have been tailor-made for the story of Jose Baez, criminal defense attorney who, after a mere three years of trial of experience, took on one of the highest profile First Degree Murder cases in history, with the whole world watching. Like Icarus, who thought too highly of himself, Baez thought he was up to a task that would give the most seasoned defense attorney pause.
I've heard some In Session (TruTV) commentators say, Jose Baez has experience. He has 45 cases under his belt. Maybe so, but not 45 cases of this magnitude. Baez has tried five murder cases, and one capital case, cases which reportedly had nothing like the complexity of the Casey Anthony case. Jose Baez does not have the experience and background one would expect to lead a defense team in a complex high-profile capital murder case being watched by the world.
Jose Baez, as it turns out, has a rather checkered past, according to the Orlando Sentinel*. Baez was born in Puerto Rico in 1969, and grew up in the Bronx and South Florida, raised by his mom, a single parent. He dropped out of Homestead High in 9th grade. Following that, he married at 17 and shortly became a father. He then earned a GED in lieu of a high school diploma and joined the Navy.
According to his resume, Baez spent three years assigned to the North Atlantic Treaty Organization (NATO) in Norolk, Virginia, where he trained as an intelligence analyst with what he describes as "Cosmic Top Secret" security clearance. Upon discharge from the military, he attends Miami-Dade Community College and transfers to Florida State University, from which he graduates. Baez is a black belt in Tae Kwon Do, and competed with the karate, pistol and crime scene team from FS U's chapter of Lambda Alpha Epsilon, a fraternity of criminology majors.
Baez was accepted to St. Thomas University of Law in Miami and graduated in 1997. It is unclear when he takes the Bar, however passing the Bar exam is not the only qualification for becoming a lawyer. One must be accepted by the State Bar. In 1998, after his graduation from law school, Jose Baez was called before the Florida Board of Bar Examiners which screens prospective Florida attorneys. He was told his application to become a member of the Bar had been denied based on what I call, "behavior unbecoming an officer of the court."
Jose Baez appealed this decision all the way to the Florida Supreme Court, and the Supreme Court upheld the Board's decision. The Florida Supreme Court issued an order in 2000 denying Baez entrance to the Bar citing "unpaid bills, extravagant spending and other financial irresponsibility" up to that time. Justices reserved the strongest condemnation for Jose Baez's failure to stay current on his child support payments for his only child. His overall behavior, wrote the Justices, showed a "total lack of respect for the rights of others and a total lack of respect for the legal system, which is absolutely inconsistent with the character and fitness qualities required of those seeking to be afforded the highest position of trust and confidence recognized by our system of law." For eight more years, the Bar continued to deny Jose Baez's entrance.
Undeterred, Baez began working as a paralegal for the Miami-Dade Public Defender's office. He also taught internet research to lawyers and started four businesses including two bikini companies (Bon Bon Bikinis and Brazilian-Bikinis.com), and applied for his real estate license. After working for the Miami-Dade Public Defender's office as a paralegal for a number of years, Baez took and passed the Bar exam in 2005 and at that time he was accepted by the Florida Bar. At present, Jose Baez is a lawyer in good standing with the Florida Bar Association.
It's really quite a story. One can see that Baez had a rough beginning, a rough middle, and had to face consequences for his actions for a number of years before he was given the privilege of practicing law. One would think these experiences humbled him, but alas it does not seem so.
He is a tragic figure, I believe, and his tragic flaw, like Icarus, is that of hubris. As a result, he behaves brazenly and even recklessly, both in his personal and his professional life. All those years in the Public Defender's office, and it is surprising he did not learn the lesson that all defense lawyers must learn: Do not assume your client is being truthful, do not trust your client, do not take your client's word for anything. And for heaven's sake, DO NOT tell the jury you are going to prove something you CANNOT prove! If you do, you will lose all credibility with a jury, if you lose all credibility, your client will as well!
I knew Jose Baez was asking for trouble in presenting a defense saying Casey Anthony had been molested since the age of 8, and further, that George Anthony had witnessed the death of Caylee and had himself covered it up. First and foremost, the latter claim is utterly ridiculous. While it IS believable Casey Anthony might have panicked after an accident and attempted to cover it up, it is NOT believable that a man who was a cop, who worked for the Orlando Sheriff's Department, in fact, would consider for one second covering up an accident. Nor is it believable that George Anthony would then allow his daughter to take the rap for him. Is such a scenario possible with some father and daughter somewhere? Sure. But an ex-cop certainly knows that covering up an accident is the worst possible move. Further, I think he'd have done a better job hiding the body!
As to the molestation charges, it seems clear that Jose Baez was trying to find a way to explain Casey's lying behavior to the jury. And I have no doubt that, even if prompted in some way by him, she did in fact tell him that this was true. However, to make a charge like this one simply must have some kind of evidence, even if in the form of someone to whom Casey told such a story. Had Baez consulted a number of psychologists, I'm sure one or two could have given some theories as to what COULD have happened to her, as to what her diagnosis was or is. An expert witness could have said that Casey's behavior is consistent with this or that diagnosis, and to have this or that diagnosis, one must have suffered X, Y or Z, even if one does not recall this, or understand it well enough to articulate it. That's about as good as it's going to get.
The fact is, if Jose Baez thought it possible George Anthony molested Casey, and he may well have believed it, he would have done well to investigate. Is there a friend she told? Might a teacher or counselor from school recall anything of note? Does George Anthony have any criminal record? Have there ever be any complaints of any kind against him? Any lawsuits? Was there ever a report made to Child Protective Services? Would Lee be able to testify to anything that could give credence to this charge? Is there an expert witness who can say that Casey exhibits signs of molestation?
Clearly none of these things existed. I'm simply not sure why he thought he could go ahead and put on this defense, even if he had originally planned to put Casey on the stand.
The failure of this case-- and I believe Jose Baez has failed miserably--all comes back to the fact that, like the lawyer played by Richard Gere in Primal Fear, he BELIEVED IN his client. the jury. And I can only imagine that in order to believe Casey was telling the truth, he also had to believe he was immune to the rules all other lawyers must follow. He had to believe that he was special, and that his ability to detect the truth was unique, granting him the ability to go with a defense based solely on the word of a proven liar.
He then built a defense based on his belief that his rapport with Casey was such that she would not lead him astray, that she would in fact tell HIM the truth. That is the only possible reason someone would put on such a risky defense. And thus his defense was built upon the shifting sands of untruths, which could not withstand the scrutiny of actual investigation.
Look how surprised he was-- truly surprised-- that Cindy Anthony committed perjury. As he said to the judge, "We took Mrs. Anthony's word she was telling the truth." I am sure that is true. But THAT is exactly what a defense lawyer cannot afford to do.
Closing statements are scheduled for tomorrow, Sunday July 3, 2011. I expect rather a grand show from Baez. And I expect the usually smugness (perhaps deserved at this point) from Jeff Ashton. I cannot say whether the jury will find Casey Anthony guilty of First Degree Murder, but if I had to guess I'd say yes. If they do not, there are plenty of other charges to keep her in prison for life, or most of her life. But as of right now, I suspect she will get a first degree murder conviction. As for death or life, I'd guess she'd get life, so as to spare George and Cindy Anthony further grief. However, I wouldn't be shocked if she did in fact get death.
* http://mo.imperfectparent.com/topics/2011/06/05/casey-anthony-trial-qod-who-is-jose-baez/
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