Showing posts with label Not Guilty. Show all posts
Showing posts with label Not Guilty. Show all posts

Tuesday, August 16, 2011

'Not Guilty'

by Katherine Scardino

I have read about all I care to read about Casey Anthony. But, it appears that the news media and every other American citizen have opinions about this woman.

The bottom line is this: Twelve members of a jury listened to every single word of the testimony and examined every single piece of evidence presented by the state of Florida in an attempt to convince each of them to render a verdict of guilty to capital murder. Each of those 12 people, plus the alternates, sat in the courtroom and listened to every single word each lawyer said to them during voir dire (jury selection).


Jury selection is the only time during a trial when the jurors and the lawyers, both for the defense and for the state, get an opportunity to have a conversation. That means that if there is any part of the conversation they do not understand, the juror can stop the lawyer and ask any question he or she wants answered. Their questions sometimes include the meaning of a legal term, or it might be a question about a hypothetical situation that a lawyer presents to the group of potential jurors in an effort to educate each juror about the facts they will be deciding, without giving the specific facts about their case.

In other words, a defense lawyer or a prosecutor is not allowed–at least in Texas–to stand in front of the jury panel and tell them the facts of their particular case. The lawyer may only present facts to them in a hypothetical situation to try and determine how that specific juror feels about a certain topic or whether that juror has had any experience with that specific topic. The easiest example would be a driving-while-intoxicated trial. The defense lawyer wants to find out the drinking habits of the juror, or whether he or she is a member of MADD (Mothers Against Drunk Driving). So, the hypothetical would contain facts close to, but not exactly the same, as the case on trial.

The Casey Anthony jury was sequestered. That means they went to a hotel each night with no televisions of any kind and no newspapers. They did not listen to all the Nancy Grace hype and the other screaming “talking heads,” nor did they read any of the newspapers relaying every opinion from every goofball who appeared in Florida to stand on the street in front of the courthouse each day.

Because of the sequestration, they were forced to make a legal decision based solely on the law given to them by the lawyers and, more importantly, by the judge without the extraneous information the rest of the world got. That is the way our rules and our Constitution are set up to prevent jurors from being influenced by outside opinions and the popular news media. The Constitution enforces our laws that state an accused person should be judged based solely on the law and the facts.

So, can we please accept the fact that Ms. Anthony’s jury acted fairly and nonprejudicially, and rendered a verdict in accordance with their instructions from the judge. You do not have to agree with it, nor do you have to like it. But, it is what it is. If you will stop for a moment and remember all the exonerations we have read about within just the last year. For a while there in Texas it seemed like we were releasing people on a weekly basis from prison after many years for a crime that person did not commit. Our system is not 100-percent perfect–ask my client, Anthony Graves, who was released after 18 years on death row once it was concluded by prosecutors after a first-time only competent investigation that he was in fact innocent. Many people have been released who have spent more years locked up than Mr. Graves.

So, if we all believe Casey Anthony is guilty but the jury believed otherwise, accept the jury’s verdict and get on with your lives. The system worked perfectly here. The 12 jurors did not believe the prosecutor proved beyond a reasonable doubt that she murdered (intentionally taking another person’s life) her baby girl. They rendered a verdict they believed was the right one.

Now the news media is all in an uproar about the fact that Ms. Anthony is having to return to Florida to complete her probationary period. That is not much for murder. But remember, this probation is not for murder; it is for theft–stealing her friend’s checkbook, or some such thing. You want her to be inconvenienced in some manner for taking the life of her baby. But I don’t believe this will do it for you.

Take a deep breath. Remember our Constitution and our rules that we all have to obey. And, leave Casey Anthony alone. It is over. The jury has rendered a true verdict. And, these jurors do not have to answer to anyone, and especially not to Nancy Grace or any of the other media. Their deliberation and their verdict is their secret. It is really none of our business now.

Photo Credits: turtlemom4bacon; Caveman Chuck Coker; Lee Bennet


Monday, July 11, 2011

Casey's Freedom May Be The Worst Punishment


I, along with the rest of the world, am livid that Casey was found not guilty and will be released into the free world. After hearing that juror number three stated that the jurors were sick to their stomach and cried, I felt sick to my stomach hearing what she said. When she said that not guilty does not mean innocent, I realized that the wrong jury was chosen for justice to be served. Not guilty should mean innocent, and if she and the rest of the jury believed Casey was not innocent they needed to come back with a guilty verdict.

Eleven hours is not enough time to weigh all the information in a six-week trial. Juror number three and an alternate said that the Prosecution didn’t prove their case. They did not tell how her toddler Caylee died. I think the juror didn’t look at all the data. I think the prosecution did tell how she died, in my view. If they would have spent more than 11 hours they would have known this.

Based on what the alternate said and now juror number three, they liked defense attorney Jose Baez better. And please stop accusing me of loving Jose Baez and being partial to him. I only report what I see. He has presented himself well since day one, and even prosecutor Jeff Ashton said that on his media tour. Whether you like it or not, Baez came across very likable to the jury as opposed to Ashton. The bottom line is they listened to him and what he had to say and they bought it. In fact, the alternate said that the jury didn’t like it when George Anthony argued with Baez.

People do not realize the power of body language and communication. Well, here it is in action. They liked Jose Baez more and that is why they went with what he said. That is why Casey Anthony is going free on Sunday, July 17. Look at Scott Peterson. He was convicted on circumstantial evidence. Why couldn’t this happen to Casey? The reason boils down to body language and communication skills of the attorneys.

I, along with everyone else, am also livid that Casey will become a millionaire after she is released. But even if she sells photos of herself and Caylee, and even if she appears on shows, there are a lot of people who will rebel and boycott. Apparently Paradigm Entertainment in Beverly Hills signed her and had to drop her immediately because of the public complaints.

Sadly, there will be people who will offer her book and movie deals. She may be offered money for interviews through a third party so it looks like they had nothing to do with paying her for the interview. She may even make money selling Caylee dolls for which her lying mother Cindy got the trademark. Foreign entities may pay her handsomely for her interviews and photo shoots. 

Since Casey loves attention, loves to showcase her body and has no sexual inhibitions, she may very well take a porn company up on their offer. This would no doubt be in the millions of dollars. However, Steve Hirsch at Vivid Entertainment felt the pressure of even possible death threats and loss of his fan and customer base after he offered Casey a million dollars for an XXX Rated movie and quickly reneged on it. I am sure that the public’s pressure will continue with anyone who offers her money.

If mainstream TV shows put her on and interview her, the public will transfer their hatred toward Casey onto them.They will boycott any program or station that has her on television. Even if film projects arise people will boycott them. The public will not stand for her capital gain. There will be protests and threats and they will escalate. Casey will not live in peace for one moment. She may have been better off in prison where there would be more protection for her than there would be on the outside. On death row, there would be even more protection.

Now there are more people to hate her, and anything she does will be met with hatred and protest, and even possible violence. No one will ever hire her. No one will ever buy a book by her because they will boycott a book that is no doubt filled with lies. Even if she goes to the grocery store or shopping for clothes she will be met with protesters and taunts. Anyone with whom she associates or whom she dates will be taunted and regarded as a villain. If her parents are now receiving death threats for their lies and possible perceived involvement, can you imagine what will happen to Casey?

As Baez, Mason and Ms. Simms move on with their own lives and on to other cases, Casey will quickly discover that they are not her friends after all. They will want to distance themselves from her as they too experience harassment.

She can’t travel because she will be followed and harassed. Restaurants will kick her out like they did OJ Simpson. Neighbors will rebel. The clubs she once loved and frequented won’t allow her in them. She will discover that she will be prisoner in her own home. She will never have a moment of peace. People will protest outside her home forever. They may damage her vehicles. No security can stop this. By the time the protesters get through with Casey, she may wish she was sitting in a jail cell.