The Casey Anthony Defense

Is Jose Baez setting himself up for an ineffective assistance of counsel claim so that his client can get a new trial to come up with a more credible defense?  When did Baez know this death was accidental?  Why did he not go to the State Attorney to negotiate a settlement based upon the accidental death?  The jailhouse tapes that were made three years ago clearly show that George, Cindy, and Lee were not involved in any kind of cover up, nor did George or Lee sexually molest the defendant.

Baez has been aware of these tapes for three years.  Yet, he still proposed the unreasonable defense that the child died accidentally and George Anthony disposed of the body of his grandchild.

In my opinion, because of the evidence against Anthony, this is an unreasonable and improbable defense.  An attorney who allows this to happen can and will be held responsible under such circumstances.  And it is not just Baez who could face the repercussions.  Co-counsel Cheney Mason, who is supposed to be an experienced attorney, should also be held responsible.

Baez and Mason are hanging their entire defense on the idea that this child's death was accidental.  Why would an attorney allow their client to face a murder indictment-- and the death penalty-- if the victim died accidentally?  

In my opinion it is legal malpractice and ineffective assistance of counsel.

Tune in on Tuesday June 7th, 2011 12-3 to watch me discuss the Casey Anthony Murder Trial on

CNN Headline News.

Opening Statements In the Casey Anthony Trial

Opening statements in the Casey Anthony trial will start tomorrow.  The prosecution will go first and present an outline of their case.  The defense will have a crucial decision to make right from the start.  Do they want to make an opening statement now or defer till the end of the prosecutions case?

This strategy of waiting can be helpful to the defense since they will not have to give away any of their defenses.  It also allows them to develop more defenses as the case goes on.  Additionally, by not doing an opening statement in the beginning of the case, they keep their options open and can change their defense to fit the prosecution since they have not committed themselves to any issues.

The downside is that the state will have presented a lengthy opening statement with overwhelming evidence that is not answered right away by the defense.  Therefore the jury will have only been exposed to one side of the case for many weeks before the defense responds.

Deferring opening statement is a crucial strategy decision that has to be made sometime tomorrow morning.

Casey Anthony Jury Selection

     The weeklong process of selecting a jury began this morning in the first-degree murder trial of Casey Anthony in Clearwater, FL.  Even though the trial itself will take place in Orlando, the Judge moved the jury selection process over 100 miles away from the Orlando area in the hopes of giving Anthony a better chance of finding fair and impartial jury panel.  The Defense and Prosecution must find 12 jurors and 8 alternates before the trial can begin.

     The first problem they will encounter will be jurors who can spend 2 months sequestered in a hotel in Orlando to hear this case.  Numerous potential jurors were unable to serve for various hardships.  The judge hopes to find at least 60 potential jurors that are able to serve 2 months of jury duty before both sides start asking specific questions about whether they are qualified for this case.

     They hope to have a jury by Friday.  Those 20 selected will be bused to Orlando to a hotel and will only be allowed to see their families once on Sunday of each week.  Jurors will have to avoid any type of media where they may get information about the case including the Internet, news, newspapers, and television.

Casey Anthony Murder Trial

From 12-3pm I will be on TruTv today discussing the Casey Anthony Murder Trial case and pre-trial motions.

The 3 motions being discussed today are:

1.  A Defense Motion in Limine to prohibit any reference to photographs and social behavior of Casey Anthony that occurred within the month long window from her daughter’s disappearance to when Anthony reported it to the police.  The Defense argues that Anthony’s social behavior during that time is irrelevant as to her consciousness of guilt.  The Prosecution believes that the photos depicting Anthony’s behavior are relevant and their probative value is not outweighed by their prejudicial effect.

2.  A Motion to allow Casey Anthony’s mother and father, George and Cindy, to be excused from the rule of sequestration.  George and Cindy are Caylee’s grandparents and have both been subpoenaed to testify for the State.  The State argues that because they are relatives of the victim, they are entitled to attend all proceedings.  The Court has previously ruled that Caylee’s grandparents could attend the proceedings, but only after they have testified.

3.  An Emergency Motion on behalf of News Organizations to have the Court reconsider the implementation and enforcement of the confidentiality agreement previously imposed by the Court.  The News Organizations argue that the agreement is in violation of their First Amendment and Florida law.

Let me begin by stating that you should never drink and drive.  Let me repeat that.  DO NOT DRINK AND DRIVE.  It's just dumb.  Most bars will call you a cab for free if you have had too much to drink.  If you are an AAA member, they will send you a cab for free if you cannot drive. Even if you are not "wasted" but have had more than one drink, do not drive.  The most common situation occurs when you have only had a few drinks, you feel "buzzed", and then decide to get behind the wheel.  Do not do this either.

If you do get pulled over by the police and you have been drinking there are several things you should do. First, know that there is an odor of alcohol on your breath and you are going to be arrested. Roadside sobriety tests are designed intentionally to set you up to fail.  Additionally, the combination of being pulled over by a law enforcement officer and the flashing lights inevitably produce a nervousness that will guarantee you will perform poorly.  Secondly, after you get pulled over and are asked to step out of your car, DO NOTHING.  Be polite!  Tell the police office that you would like to speak to your attorney before submitting to the roadside test.  He will not let you talk to an attorney.  On every driver's license, there is a single line of print that states you will voluntarily submit to a sobriety test if you are pulled over for suspicion of DUI.  And lastly, say nothing!  Don't argue with the officer. Don't become insolent and aggressive.  Tell the officer that you do not want to submit to the roadside test, then shut your mouth, and let the officer cuff you. You will be taken to the station, fingerprinted and booked.  But never argue, engage, or attempt to convince the officer he is making a mistake.  Just stay calm.

To put it bluntly, suck it up and go quietly.  Allow the officer to take you into custody WITHOUT incident. From the moment you get pulled over, to being cuffed and placed in the back in the back of the police car, know that you are on camera and being filmed.  EVERYTHING you do and say will be used against you.  Once you are arrested, remember that you have the right to remain silent.  Do that!

The ride in the back of the cop car will feel like one of the longest of your life.  You will try to convince yourself that because you only "had a few" that you can pass the sobriety test.  You will feel distressed and upset.  Again, stay calm.

By temporarily facing the music, you have done the one critical thing that will allow me to win your case.  You are not giving the police anything to use against you.  There is no evidence to convict you with.

Call me and I will help you!

Fundamentals of the Criminal Justice Process

                The State of Florida is divided into 67 counties.  The 67 counties are further divided into 20 judicial circuits with each one headed by an elected State Attorney.  The State Attorney and his assistants are authorized to file criminal charges.  Police do not file charges, they make arrests. Those arrests are reviewed by each State Attorney’s office and the individuals who they charge are set for arraignment.  Arraignment is the first court appearance after arrest. 

                People who are arrested in the State of Florida are not entitled to a bond if they are accused of first -degree murder, sexual battery on a child under the age of 12, are on probation with a new violation, or already on bond for a criminal charge and a new crime is committed.  All others are entitled to a reasonable bond upon arrest.  A bond can be paid by the individual defendant or through a bondsman.  If a bondsman posts the bond the defendant must pay a fee of 10% to the bondsman.  A bondsman will require collateral for the balance of the bond.  The competition between bondsman occurs over the collateral they are will to accept.  Some bondsmen will take your signature on a promissory note, but most will require collateral ion the form of automobiles, personal property, and real estate. 

                Approximately 3 weeks after arrest, the defendant will be notified of arraignment.  There are two purposes of arraignment.  The first is to determine who will represent the defendant.  This is done either by a personally hired counsel or a court appointed counselor if the defendant is indigent.  The second is to enter a not guilty plea.  The case will then proceed through a series of pre-trial conferences over the next 4-6 months to allow the attorney an opportunity to review the evidence, negotiate a plea deal with the State Attorney, or set the case for trial.

                The State has 180 days from arrest on a felony to bring you to trial and 90 days from arrest on a misdemeanor.  Most cases are plea bargained because if someone goes to trial and loses they will more than likely be confined as part of the punishment of losing at trial. 

                If a person loses at trial they will have one automatic right to appeal to a 3-judge appellate court.  A court appointed attorney is available if the defendant cannot afford appellate counsel.  The appeal is based strictly on the recorded transcripts from the trial and nothing else.  The defendant will be required to file the initial legal brief, the Attorney General’s office will represent the state and file the answer brief, and then the defendant will have one last opportunity to file a reply brief to respond to the Attorney General.  A criminal appeal takes about 2 years before a decision is made.  In some cases an appellate bond can be granted allowing the defendant to remain free during that 2-year period.  Appellate bonds are rare in the state system.