Monday, March 28, 2011

Casey Anthony Drama Approaches Final Act

As we get closer and closer to the trial of Casey Anthony for the murder of her toddler daughter Caylee, it is looking more likely that the end will be anticlimatic.  Instead of terminating in one explosive scene after another on a tense courtroom stage, it appears as if it will end with an abrupt drop of the curtain as Casey whispers "guilty."  A last minute plea bargain seems nearly inevitable.

I know a lot of people will disagree with me saying that Casey is too narcissistic to accept any level of responsibility for her actions, and her lead attorney Jose Baez is too arrogant and media-hungry to let this one go.  Those arguments have merit.  But many stubborn clients have succumbed when they truly accept the real possibility that the curtain call will be a lethal injection.

You see the signs of willingness to deal on both sides.  Baez is acting reckless with the judge--burning bridges through neglect and frontal assault.  He's missed the judge's deadlines even after being cited for the same offense.  Then last week, he topped it all with a motion for a rehearing.  He wrote that Judge Perry had inaccurate facts and was biased.  He didn't ask the judge to recuse himself.  He simply threw a gauntlet.

The defense did have a point--albeit a small one.  The judge did incorrectly describe the room where Casey had her initial lengthy discussion with law enforcement but everyone understood his meaning.   Did Baez and costar Cheney Mason really think the judge would give them a do-over by allowing a rehearing?  If they did, they were wrong.  He denied that request, like so many others.

The victim: Caylee Anthony
The defense is also sounding desperate.  Baez's voice even quavered during arguments about evidence last week.  He's acting like a man who knows that if he can't get the evidence thrown out, he doesn't have a chance at trial.  I'm surprised he hasn't filed a motion denying the existence of Caylee Anthony.

Before this week is out, they'll all be back in the courtroom where Baez and Mason will argue about the inclusion at trial of the stain in the car trunk, all references to the smell of the car and dismissal of any mentions of the heart sticker placed on the duct tape fastened over little Caylee's mouth.

Judge Perry may give him one or two wins in his mountains of motions but not enough to weaken the state's case appreciably. Baez is not the country's most brilliant legal mind but even he can understand how dire things look for his client.

On the other side of the aisle, the prosecutors are feeling the pressure of budgetary concerns and the ruling that there has been sufficient pre-trial publicity to warrant not selecting jurors from Orlando or Orange County.  Rather than make a change of venue, Judge Perry decided to import a jury from elsewhere.

When Ninth Judicial Circuit Court spokesman Karen Levey estimated the cost of supporting that sequestered jury for eight weeks would be $360,000, an outcry arose.  Lydia Gardner, the clerk of circuit courts in Orange County said that without more funding from the state senate, the court could not afford a trial for Casey Anthony.  Florida, like just about every other state in the Union, is seeking to cut expenses, not to find places to dole out taxpayer dollars.

To me, it seems the stage is set for a plea bargain.  And it could come at the very last moment.  I sat in the courtroom on the first day of jury selection for the Richard McFarland trial and it happened right before my eyes.  I found it hard to believe that an agreement was not reached before that moment in time.

Will the players in the Casey Anthony drama all gather on the stage before a packed courtroom audience and the eager cameras of In Session for a performance that will never begin?  Or will the show go on?
May 9 is less than six weeks away.

Diane Fanning is the author of MOMMY'S LITTLE GIRL, the only published book about the tragic fate of little Caylee Anthony.  When the Casey Anthony trial begins, you'll find daily updates of the case on Diane Fanning's blog, Writing is a Crime.


FRG said...

Mrs. Fanning,

Morning! Thank you for the article!

Wow you described JB perfectly! I agree he is acting reckless and almost lost it in the last hearing when he started whining about the agreement he had with the State (when he apologized in court to Mr. Ashton) and Ms. Finnel asked for a time out and saved his skin? Boy, that was surreal! He is so narcissistic! He is not learning anything through this years.

Mrs. Fanning, I don't believe KC will agree to a plea deal! I also don't believe JB is interested in that at all! If he were acting in KC's best interest he would have encouraged her a long time ago... but we all know he is in this for the glory so I believe he could not care less about his client.

It was really hard to watch last week's hearings when JB was questioning the dog handler and Dr. Vass, I felt sick to my stomach, I couldn't believe it! JB was so disrespectful.

I hope you are right and if KC is smart she is going to accept a plea. I would not hold my breath on that. LOL

Have a wonderful day!

Diane said...

Thanks,FRG. I'm expecting panic to set in for either Baez or Anthony as the trial gets closer. I think fear,not smarts, will drive the decision. But I sure don't have a crystal ball. Time may prove me wrong.

pattydiva said...

I agree with you, Diane. I think she'll fold at the last minute. Her narcisism will want her to stay alive.

Anonymous said...

Interesting observations, Ms. Fanning. Do you think it possible that Mr. Baez might have explained to Casey that her chances with a jury are slim to none? Do you think she might have dug in her heels and refused a plea deal? Personally, I don't think Mr. Baez wants a plea deal because he wants to be the first "Hispanic to try a case of this magnitude." He seems totally oblivious to the real situation both he and his client are in.
Do you think most attorneys would have pled long ago and she would have gotten maybe ten years, which would equate to five and with the time served, she'd be out soon?
Thank you.

Anonymous said...

Greetings!....This is Jose Baez' first "High Profile" case and will probably will be his last, ever....the arrogance and ignorance that he displays will not set well with a Jury,especially if sequestered for 2 months more or less.....I feel the Jury selection will have a few twist and turns in order for drama or delay...but Judge Perry will keep even keel to get this case through the Court....if a plea comes through it will be after Opening Argument of the State or the 11th hour....Mrs Fanning ...You are so right about Baez would file a motion to say Caylee never existed...I really feel that his career as an Attorney is going to see the Sun set.

Anonymous said...

Ms Fanning I respectfully disagree with you. Casey will never agree to a plea.

Aw for Lydia Gardner she is an elected official and had no place use the Anthony case as a political ploy. I hope the voters of Orange County remember that come election time.

janielane said...

My previous post disappeared humm

Diane said...

Janie, I have no idea why your post disappeared. I did not see it.

Diane said...

Between Baez and Casey, there is enough hubris to capsize Greece. It is the quality in both of them that led me to believe from early on that the only plea bargain would be a last minute one. Either Casey or Jose or both might have a panic attack and fear would drive them to bargain. Before the body was found would have been the wisest time to deal. Then she could have claimed an accidental death and maybe walk away with a manslaughter conviction.
But I'll say again. It's my theory but it's only a theory. I could easily be wrong.

Lawzilla said...

Thanks for the article, Ms. Fanning. I agree completely, and have written as much on "Caylee blogs" for some time. This happens all the time and is more the norm than the exception. Defendants are all bravado and bluster - declaring their innocence loudly until they are actually seated in the courtroom with living, breathing jurors in the box. When the defendant gets a good look at the "normal folks" who are going to decide their fate, it rattles most defendants. When the opening arguments are made, it is usually the first time a defendant has heard, start to finish, just what the prosecution has put together. Watching the faces of the jurors as they listen to the "story" will shake all but the most hardened. I've seen many, many cases get to the second or third day of testimony and have the judge announce that a plea has been negotiated by parties, thereby ending the trial. The jurors are thanked and they are usually (not always) ticked-off that they won't hear the "end of the story."
Of course, my experience is with sincere defenders - not silly, self-aggrandizing men who are in love with the "image" they believe they portray. A good defender would keep his/her mouth shut (regarding media) and really try to counsel his/her client to seek a plea. There is just an overwhelming amount of evidence in this case (and it really is evidence rather than discovery because Judge Perry has ruled.) I believe Mr. Baez wants to be death penalty certified and will push this as far as he can, but unless he truly has rocks for brains, he will also begin to feel the fear of failure. He has some very thick skin, but I think he will find his limit in the weeks ahead. I don't really expect this to make it to a verdict, but I have been very wrong in the past. (P.S. Thank you for the Susan McFarland book - Gone Forever. The McFarlands were neighbors of mine and your book did justice to Susan's story.)

Anonymous said...

Casey has no fear, even in the face of the truth. She proved that by accompanying OCSO to Universal studios.

Read her interviews with William Procknow from DCS, even after OCSO had firmily established she insisted to him that she had a job at Universal & OCSO was "misconstruing" her words. This interview took place in the Anthony home in Sept 2008 while she was out on bond.

Casey herself told the FBI & OCSO the day she was arrested for murder that she would take this to the end.

Casey will not plead, imo.

janielane said...

Ms. Fanning, my earlier comment was really a question for you. What is your tak on Casey constanly fidgiting with the files and binders that her attorneys bring to the hearings? It seems to me that she is under the impression that she is PART of the defense TEAM rather and a suppect in a murder trial. That alone tells me that she will not plea. She is too self important to admit to something that she "did not do." Jose is such a baffon (sp) that he probably wouldn't approach the SA's office to ask for one either. He is after all the LEAD attorny in a "high profile" (in his mind) murder case.

Sandy said...

I wonder why it's going to take more money to prosecute this case than any other murder case. ??? And I've always thought there is a little hancky pancky going on with Casey and Jose. Not that makes a lot of difference about anything, but just my thoughts. Maybe that's why she's always playing with files and hunching under his umbrella.

Diane said...

Janielane, Now, it seems one of my posts disappeared. I answered you a couple of hours ao and it's not here. Anyway, I think that someone told Casey that she shouldn't be sitting there looking bored. She needed to look interested and involved. So she fidgets with things because she s bored. I'm sure you'll recall early on that she requested not to attend a lot f the hearings and the judge ordered her to be present.

Diane said...

Lawzilla, Thank you for your kind words about my book, Gone Forever. I really wish I could have known Susan.

ParalegalSandy, part of the reason is because this is a death penalty case. They are always more costly to prosecute than a murder case when lethal injection is not on the table.

Anonymous said...

Hello, Miss Fanning,

Enjoyed your very well written article. As for a plea deal, in view of circulating inuendo's, out there in this world, as far as the relationship between Baez and Casey is concerned, if in fact that there is such a thing, I cannot help but wonder whether Bez has promised Casey that she will get off on appeal, if she is that stupid to believe this? Baez knows she is guilty, that she will be convicted, but now that the Honorable Judge Perry has put his foot down on frivolous motions, I wouldn't be surprised if Baez pleads her case, now, that he found out he cannot manipulate this judge, and that his scientific witnesses are the ones who will sell the jury.

Anonymous said...

Diane, I am in agreement about defense team coming across as desperate. So much so, it seems to me it'll peak with their demise.

I do think Pros will offer a plea deal of either life with or without parole before jury selection but defense are so determined to throw one thing after another in the mix I'm unsure if they will 'realize' they should accept.


Diane said...

Anonymous, I doubt Baez got around to promising victory on appeal. I'm thinking he is still peddling no conviction possible because he was going to have all that evidence thrown out, One by one, Perry is crushing those dreams and I doubt there will e a serious evaluation about where they stand until after the judge has rendered hus last decision on motions. I believe Perry said all that will be wound up on April 18.

That's the big question, Tigress Pen: will they have seminar enough to be afraid when they should be?

Anonymous said...

Wow great comments & questions. I have always believed that Bozo had "intimate relations" with KC when she spent all that time at his office for what - weeks? I wish a detective could find out & would be a major conflict of interest or even disbarment? Just my thoughts.
Love the comment "Casey thinks she is part of the defense" is classic. Bozo has bitten off more than he can chew.

Anonymous said...

I don't believe any real physical improprieties occurred between Baez and Casey in particular during the weeks before her final arrest because Baez was looking at fame and fortune and would not take any chances with that and Casey was too busy sorting through photos and videos to sell of Caylee for her own gain. Flirting most definitely yes as that is Casey's perceived power over men.

Tonestaple said...

I have only had jury duty one time and it was a case where the defendant should have taken any plea that was offered because he was guilty as sin. But he and his girlfriend (the victim in the case) cooked up some cock and bull story about how the neighbor across the way had done the crime. It was so obviously not true that the entire jury immediately believed the neighbor even though he obviously had prison tattoos.

I mention this because it more than possible that the defense (lawyer or accused) thinks the jury really will be that stupid or gullible. Years later, I am still surprised that trial went to the jury, but for some people, narcissism knows no bounds, and it sure sounds like Casey Anthony might be one of those people.

Popcorn Bowl said...

Your article resembles the situation where Casey, lying to law enforcement, takes them to Universal to her non-existent office, takes it all the way... to the end of the hall. And only until she reaches the very end of the hall, she realizes that she HAS TO come clean about her non-employment there.

It's kind of like what is happening with the case. She's taken it to almost the very end, and as she reaches near the end, she's going to realize she's going to have to admit to something to save herself. And she will plea.

I think a lot of case followers don't want her to plea, because they want to see a trial. As if this is some form of entertainment and not seeing a trial would be like missing the climatic ending of a good suspense movie.

No one really knows whether Casey would admit to killing Caylee to save herself from the death penalty or not. Only time will tell.

Diane said...

Popcorn Bowl, I don't think it's just a voyeuristic piece of entertainment that makes people want a trial. I do think some of it is a yearning to find mre answers as if additional information would make sense of the crime.

Anonymous said...

I do think Casey had a clinging attachment to Baez in the beginning, he was her lifeline. But, I also feel she has adjusted to prison life and removed the needy attachment to her mother. Casey wanted to get away from mom and prison has done that for her, become her safehaven. She has a different look in her eyes.

I also feel she still thinks she will one day be freed without her parents involvement. It's all rather sad really. She killed her baby from both jealousy and to spite parents, take her away from them. And now she thinks she'll survive with freedom without them.


FRG said...

Morning Mrs. Fanning!

Here is what I would like to share:

Could Casey's Defense Turn Focus To George?
Posted: 5:54 pm EDT March 28, 2011
Updated: 6:34 pm EDT March 28, 2011

Don't you agree with there is a chance George will be thrown under the bus? You read the documents and George says he was the last to have seen Caylee, besides KC... (I believe he lied), he ha access to the car, duct tape and laundry bag were similar to the Anthony's household, he didn't have motive but I am sure KC's new mental health expert will find something, remember KC thinks her father sexually abused her. We all have seen how dysfunctional the Anthony's family is. Anyway, I believe KC had detached herself from her parents and they will be thrown under the bus. I am not saying jurors will buy it, but they need just one right? This scares me a lot because all the circumstantial evidence points to KC and nobody else and who else would want Caylee dead?


Diane said...

Yikes! Seems like another of my messages disappeared. I must e doing something wrong. Anyway, I think you are right. It only takes one juror to buy into the George did it story and the jury will e hung. Heaven help us all! We'd have to go thru it all again.

Sandy said...

I don't see where this family is all that dysfunctional until we get to where Casey is a grown spoiled brat. They look like any normal American family to me. Man and woman married, they both worked. They started a family. They produced two kids. They provided these kids with a home in a decent neighborhood. They sent these kids to school. I don't recall there being a drinking or drug problem with George and Cindy. And as much as they have been dissected, it would certainly have come out. There was a slight gambling thing mentioned about George, but it didn’t seem to be out of control and who the heck is without any sin in this day and age??? The reported sexual abuse was an accusation made by the child that started all the crap with her lies and self indulgent selfishness. She also accused her brother of incest. Someone tried to say that Caylee was his child but that was proved to be a lie. What I have seen in both Cindy and George is parents whose daughter has ripped out their heart and they are trying their best to deal with it all. Cindy loved Caylee, just as any of us love our grandchildren. There are thousands of homes where the grandparents are stepping in taking care of their grandchildren because their children are having these babies and dropping the ball in raising them. Thousands of babies are being born now out of wed lock. The family UNIT is becoming an endangered lifestyle. But I can't see kicking George and Cindy all that hard. They're doing a heck of a lot better than many parents out there. I know I sure wouldn't want to walk a mile, or even an inch in their shoes. If that family was dysfunctional then all of us probably are.

FRG said...

Mrs. Fanning,

The Anthony's attorney released the statement, I guess if JB is going to pin the murder on George, they forgot to tell him! Oh well!

Attorney: George Anthony Didn't Kill Caylee
Casey Anthony Charged With Murder In Death Of Daughter
POSTED: Tuesday, March 29, 2011
UPDATED: 1:52 pm EDT March 29, 2011

Anonymous said...

Casey would be wise to go for a plea deal but whether or not she will remains to be seen. One thing I know for sure - no matter what the outcome, Cindy will whine to the media that Casey is innocent and we should look for the real killers.
As for George and his temper. I doubt the one outburst shows his normal personality. The family is pretty dysfunctional. Cindy is in denial and has been the whole time about the whole case. Despite DNA evidence to the contrary, she still somehow thinks Caylee is alive somewhere and living with Zannie the Nannie. Despite the fact many grandparents have their children and/or grandchildren living with them, Casey had been bringing in $0 for income. How did her parents think she was driving around in a car, buying clothing and food for herself and her child, paying her phone bill etc etc etc? How would an unemployed woman(or maybe WHY) have a nanny? If Caylee had a nanny for several years, wouldn't it be normal for Cindy and George to have met this person, have her phone number, talked with her over the phone? These people are very dysfunctional and not a normal family in the least.

Sandy said...

Everybody has an opinion. And that is all these comments are. We will all face a judge someday.

Diane said...

Paralegal Sandy,
At one time, I completely agreed with you. The point where I lost a great deal of sympathy for Cindy was when she knowingly and intentionally gave law enforcement a family hairbrush instead of one used exclusively by Caylee as they requested.
Still, I certainly would not want to walk in their shoes.

Marcie said...

Has this ever been addressed? Cindy states (several times) that Casey provided various ph#'s & addresses for Zanny. As they were updated or changed, Cindy put them in an address book in the kitchen. The most recent contact info was on a yellow sticky note, which she handed over to LE the night of 7/15/08. If that’s true, why then
did Cindy not attempt to contact Caylee by calling the babysitter?
In the weeks leading up to 7/15/08, Cindy is growing more frantic everyday to speak with Caylee or hear her voice, so why didn’t she attempt (even once) to CALL the alleged nanny and ask if she can talk with Caylee for a minute?
Did LE or prosecutors ask Cindy about this during any depo’s or interviews?

Anonymous said...

They'd have to show more than innuendos for me to believe Cindy or George were involved in Caylee's death. That they suspected Caylee was dead, I have no doubts about it. I truly believe they did suspect it and that their precious daughter was the one who did the terrible deed.

But that is neither here nor there with whether the defense is losing it and sounding desperate as Ms. Fanning said in her post. The accusations of George doing the killing is just more proof they are as desperate as Diane said to me.


A Voice of Sanity said...

Maybe Baez will go for a bench trial? After all, I still see no evidence that rises past accidental death and improper disposal of human remains, a misdemeanor. The so called 'chloroform' test in the trunk is totally unreliable, as a car trunk is the worst place for such a test - how do you distinguish between benzene from decomposition and gasoline from the tank? Not to mention all of the paint, sealers and glue there. You'd have needed to test the body and that is impossible.

The prosecution might be hard pressed to get a conviction past a competent judge, assuming such tries the case. A jury will vote on prejudice and is a bigger risk.

Anonymous said...

Yes everyone has an opinion. As far as "facing a judge" - I guess if your religion tells you that, you can believe that. I don't.

Anonymous said...

I hope the trial goes on. It will be a sad day for the country if the economy dictates full justice for the premeditated murder of a toddler. Of course, if it happens they will fail to realize that it will cost more in the longrun to house Anthony for the next 60-75 years.

Diane said...

Justice has been dictated by the size of a defendant's pocketbook in many cases. The odds of escaping conviction, even when guilty, are better for a rich man. The odds of getting a lesser sentence are good. The chances of getting the death penalty if you're rich? Pretty darned small.
So it comes as no surprise to me that budgetary concerns enter the picture. Once a person has been convicted for one murder, often that perpetrator is not tried for the homicide of a second victim because of monetary concerns. Thus depriving that victim's family of finding justice for the death of their loved one.

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Scientists should spend a little less time trying to predict when we'll die, and a little more time trying to delay or prevent it from happening.

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