Wednesday, May 18, 2011

George, Cindy and Lee no show at Casey Anthony trial, defense strategy? (transcript, video)

George, Cindy and Lee no show at Casey Anthony trial, defense strategy? (transcript, video)

I was thinking of how George, Cindy and Lee Anthony have been no shows at Casey Anthony’s trial and as the media speculates that Casey is simply angry at her family (she refused a Mother’s Day visit from her mother, Cindy); I wonder if this could be part of a defense strategy.  If the defense goes with the story that Casey and her parents were so estranged that she failed to notify them during Caylee’s disappearance it wouldn’t look well for their case if Casey and her mom were all touchy, feely on Mother’s Day, now would it?


There is a good chance that the distance between George, Cindy, Lee and Casey is nothing more than a defense tactic to try and convince the jury that their relationship is strained.  I’m not sure if it will work, though.

When Lee testified on the stand and mouthed the words “I love you” to his sister, she refused to answer.  There is no doubt that Casey had a strained relationship with her family that was evident from the beginning of the case and the initial search for Caylee.  What isn’t clear, however, is why.  The defense may state that Casey was abused, but the prosecution may end up portraying Casey as a woman who had no love, care or concern for anyone else but herself- not for her parents and brother and not even her own child.

Could Casey Anthony’s non-caring, and lack of emotion towards her own family come back to convince the jury that she is incapable of showing love?  

Maybe the jury will ultimately decide that a woman who refuses to see her own mother on Mother’s Day, who seemingly has no emotional bond with her parents and brother, could very well be a woman who would murder her own child.

Nancy Graced touched on this along with other subjects on the Monday, May 16, 2011 episode of Nancy Grace.  You may read the transcript of that portion of her show below.

UNIDENTIFIED FEMALE: To lose a child is the worst thing that this earth has to serve on anyone.


UNIDENTIFIED FEMALE: It changes the way you see the world. It`s out of the natural order of things no matter the circumstance of that loss.

UNIDENTIFIED REPORTER: Casey Anthony must also be aware of this at the jail. They might be taking her away from the television.

CASEY ANTHONY: People have been lying to you guys.

CHIEF JUDGE BELVIN PERRY, CIRCUIT JUDGE, ORANGE COUNTY: Do you think you could be a fair and impartial juror?

UNIDENTIFIED FEMALE: I do not think that I could be.


UNIDENTIFIED REPORTER: Casey Anthony was very visually upset when she heard that the corpse had been found.

UNIDENTIFIED FEMALE: She collapsed into the chair, hyperventilating.

GEORGE ANTHONY, CASEY ANTHONY`S FATHER: If you said the remains one more time, I`m walking out this court.

GRACE: A member of tot mom`s defense team.

UNIDENTIFIED REPORTER: She`s married to this guy, Oscar Ray Boland.

UNIDENTIFIED MALE: Oscar, do you take Rosalee to be your lawful wedded wife?


UNIDENTIFIED MALE: I now pronounce you husband and wife.


GRACE: We are taking your calls. We are now switching gears and heading down to Clearwater in Orlando, Florida. Tot mom on trial. Her trial finally under way in the murder of her 2-year-old little girl, Caylee.

Caylee`s body found just 15 houses from the Anthonys` home. Today a complete shift in tot mom`s appearance and demeanor in court, laughing, smiling, joking throughout the day in front of the jury panel.

But that`s not the headlines. Tot mom jurors arrested.

Out to Diane Dimond joining us, special correspondent "Newsweek." She`s there at the courthouse with Jean Casarez.

Diane, what happened?

DIANE DIMOND, SPECIAL CORRESPONDENT, NEWSWEEK, THE DAILY BEAST: Well, we`ve gone through about 40 people so far. We have seated so far about 17, and three of them, Nancy, do have some sort of arrest records. Two of them are DUIs, one of them is a 70-something year old woman, happened years ago.

But one of them sort of made us all chuckle in the courtroom. He looks like he`s about 18 years old but I think he`s in his mid-20s and he said he was in Tennessee once and got caught with something to smoke.

GRACE: OK. Jean Casarez.

DIMOND: Marijuana, I suppose.

GRACE: That`s not good. So, so far we`ve got, I think, three or four jurors that have been arrested.

CASAREZ: All right, that`s not good, but that guy, he is very pro the death penalty. He says he will not consider mercy. That when people know that they`ve done something wrong, it doesn`t matter what age they are. So he`s actually a prosecution juror, Nancy.

GRACE: And I understand today, tot mom had a completely different demeanor although she`s still freezing out her defense attorney -- lead defense attorney Jose Baez. Won`t look at him, talk to him -- in trial. She`s been talking, joking, touching on the arms and hands the other lawyers there.

What happened? Why the sudden shift in personality, Jean?

CASAREZ: You know, Nancy, I`m seeing her as serious, and she`s writing many notes. She`s discussing the jurors with her attorneys. You`re right, I don`t see contact with Mr. Baez, but she`s really ingrained in the process.

GRACE: We are taking your calls. Unleash the lawyers. Both trial veterans, Jason Oshins, joining us out of New York. Alex Sanchez also out of New York. Both defense attorneys.

Jason Oshins, the look you want to project in front of the courtroom, in front of that jury panel, I don`t know if laughing and joking is the right look.

JASON OSHINS, DEFENSE ATTORNEY: No, but you know, you want to seem relaxed, you want to seem serious, you want to seem that you`re in focus with everything that`s going on. And his is going outside the -- you know, the bounds a bit, but yes, joking and laughing is never going to be appropriate when you`re being watched in a murder trial.

We`re talking about right now.

GRACE: Alex Sanchez, jurors arrested? Now I`ve got to share that on my first bank robbery case. I ended up having a bank robber, a convicted bank robber on the jury. It was not on his jury questionnaire, and I found out too late, I didn`t want to throw him off then.

So long story short, you know, at least he understood the inner workings of bank robberies. I don`t know if it`s going to help tot mom in that matter or hurt her to have people with arrests and/or convictions on her jury. Weigh in.

ALEX SANCHEZ, DEFENSE ATTORNEY: You know, having an arrest record does not necessarily preclude you from being on a jury. There may be some time five years, 10 years, but sooner or later, I mean, society assumes you`re rehabilitated and you could sit on a jury and, you know, be fair like everybody else.

But if I knew someone had a criminal arrest record, I probably would want them on the jury. Because they may not --

GRACE: As a defense lawyer.

SANCHEZ: Right. They may have had bad experiences with the police or the prosecutors, and they`re secretly harboring some resentment. And if I`m Jose Baez I want somebody on the jury that has resentment against the police.

GRACE: And we learn -- back to you, Diane Dimond -- that one of the jurors is what we call stealth juror, trying to get onto the jury for alternative reasons, ulterior motives. We had one juror like this last week and now another one. This one says he`s already got the title of his book and the book cover. His tell-all about tot mom`s jury trial once he can get in the jury box.

DIMOND: Yes, there have been several people who say, yes, I think she`s guilty. But I think that I could probably, you know, judge her fairly. This one particular one you`re talking about, African-American, young man said, no, I haven`t talked to anybody about this at all. Well, they looked up his Facebook page. I`m sitting in court right behind the state. I see them do this.

It turns out on his Facebook page he`s laughing and joking with his pals about, yes, look at me, boy, maybe I need an agent. I`ve already got the cover for the book. Well, guess what happened for him? He got tossed.

GRACE: And to you Natisha Lance, how far have we gotten and how far do have to go before we can seat a jury and let the evidence begin?

NATISHA LANCE, NANCY GRACE PRODUCER: Well, Nancy, there`s 17 jurors so far, 10 men and 7 women. Now tomorrow the judge wants to call about three or four more, and then he says it`s going to be up to both sides to start using those strikes. So people are saying quite possibly this trial could start as early as Thursday.

GRACE: Out to the lines. Charlene from Massachusetts. Hi, Charlene. What`s your question?

CHARLENE, CALLER FROM MASSACHUSETTS: Yes, I have a couple of questions.


CHARLENE: Is it the norm for the accused to be in the courtroom for jury selection in Florida? Because I`m from Massachusetts, and I was called on jury duty. And the defendant was not in the room during selection.

GRACE: So your question is, is it normal for the defendant to be in the courtroom? Yes, it is.

CHARLENE: In court.

GRACE: It is normal for the defendant to be in the courtroom. Under our constitution you have a right to be present at every integral part of your trial, and that would include jury selection.

What`s your next question, Charlene?

CHARLENE: Yes. I know there`s been a lot said about her mannerisms.


CHARLENE: Her emotional reactions and also her clothing. And I`m just curious as to how she gets her wardrobe because she`s been in jail for two and a half years.

GRACE: Good question.

Jean Casarez, she does look like an ad for Talbot`s or possibly Ann Taylor, which is a far cry from how she looked just before she was arrested on that stripper pole in the mini skirt. Where does she get the clothes, Jean?

CASAREZ: Well, she`s getting the clothes -- they are being taken to the jail. She doesn`t get them herself, obviously. But the demeanor is very soft pastel, a very motherly demure look.

GRACE: From whom? Is her mom bringing them?

CASAREZ: I think defense attorneys -- I don`t think the mother is bringing them or having them transported. The defense attorneys are responsible for that.

GRACE: Yes. Because we`ve noticed, Diane Dimond, that George, Cindy, and Lee Anthony are no-shows in court. I`m only assuming based on the fact that tot mom rejected Cindy Anthony -- her mother`s visit at the jailhouse on Mother`s Day weekend, the Sunday, the weekend before trial, jury selection started on Monday.

She rejects her. Cindy shows up to try to see her daughter. Tot mom rejects her, Cindy leaves money for her. Of course, she takes the money but she rejects the visit.

Explain, Diane Dimond, do you think it`s all twisted up in the fact that tot mom may blame George and Lee Anthony for sexual molestation?

DIMOND: Yes. You know I have watched her very closely, and I think on Wednesday "The Daily Beast" will release my next piece on the many face of Casey Anthony. This is a girl who is either a very good actress or there`s something wrong with her. When you look at her demeanor, it is -- it goes from robotic to mad, to like a little child sucking on her sleeves. I did finally see her talk to Jose Baez once time but only one time in a week.

GRACE: What does it mean, Aaron Brehove, body language expert, joining us out of Dallas? Aaron, weigh in.

AARON BREHOVE, BODY LANGUAGE EXPERT, INSTRUCTOR, BODY LANGUAGE INSTITUTE: Well, one of the things we`re seeing here, she`s laughing, she`s playing around a little bit, and this is a little dangerous if all the jurors are going to based -- understanding her. If she`s showing emotion now and she doesn`t when we start talking about Caylee, her daughter that was -- in this horrible state.

If she doesn`t show emotions there, that`s when there`s going to be some really hard questions to answer and it`s going to look very bad for her when the jurors come back and they`re watching her.

GRACE: With us, Carolyn --

BREHOVE: And also --

GRACE: -- Robbins Manley, jury consultant out of Miami. Do you agree, Carolyn, with Aaron`s analysis?

CAROLYN ROBBINS MANLEY, JURY CONSULTANT: Well, I think, you know, she went from nervous wreck, high anxiety person to now some sort of jovial personality. I mean I don`t think either one of them are going to work. I think she needs to look serious and respectful of the court. And I think the jurors are going to scrutinize every moment she`s sitting there.

GRACE: Well, Carolyn, what do you make of these jurors that have been arrested?

MANLEY: Yes, well, I don`t think the prosecution can be too happy about it. I mean anybody -- you always take a risk when somebody has been through the system. You don`t want them to distrust the evidence, you don`t want them to distrust the justice system. It`s a real risk. I don`t think the prosecution wants them at all.

GRACE: Even in light of (INAUDIBLE) attempts to slow down the trial, Lady Justice is marching forward. The trial for tot mom has begun, and in the next few days we expect that jury of 12 to be seated. Let the evidence begin.



UNIDENTIFIED REPORTER: The list of potential jurors in the trial of Casey Anthony is now being narrowed down.

CASEY ANTHONY: I thought they were giving us extra time.

UNIDENTIFIED REPORTER: Her life is on the line.

UNIDENTIFIED REPORTER: Why did he she wait a month to report her daughter missing?

CINDY ANTHONY, CASEY ANTHONY`S MOTHER: No, I only have five minutes.

JOSE BAEZ, CASEY ANTHONY`S ATTORNEY: That question will be answered within --


GRACE: Welcome back. We are live in Florida, as the jury selection for tot mom Casey Anthony goes on. The judge even working over the weekend. Tonight we learned jurors arrested. That`s right. Of course, they`re not going to make it on to the jury. As one juror claims he`s already got a book title and cover prepared for a tot mom trial tell-all. He`s been booted, and that`s not the end of it.

Let`s go out to Leonard Padilla who bailed tot mom out of jail the first time, joining us out of Sacramento.

Leonard, what do you make of the goings on in court and of tot mom`s demeanor?

LEONARD PADILLA, BOUNTY HUNTER, BAIL TOT MOM OUT OF JAIL: Well, when she got in that argument with Baez, that`s typical of Casey. If you disagree with her on an issue, no matter how minor or how major it is, she`s going to be just turned off at you.

And that`s exactly what happened. I don`t know what the argument was about, but whatever it was, she`s going to demonstrate her ability to just shut down and stay away from there. As far as her demeanor, it will go through about three or four different phases.

When we were around her for those 10 days in Florida, Tracy and Rob can tell you that many a time on way to the attorney`s office, on the way home from the attorney`s office, it was always a constant which Casey is going to show up today. And I think that`s what`s happening in the courtroom.

As far as the jury selection and all that, I don`t see the trial starting before Monday.

GRACE: To Marc Klaas, president and founder of KlaasKids Foundation. He has been a tireless crusader for victims after the murder of his little girl Polly.

Marc, you were there. You were there from the get-go and the trial of the man that took the life of your daughter. Are you surprised that Georgia and Cindy and Lee Anthony are not there? And what type of jurors do you believe should be on the case? You`ve been there.

MARC KLAAS, PRESIDENT AND FOUNDER, KLAASKIDS FOUNDATION: Well, I firmly and totally believe in the jury system, and I have no doubt that the judge will be able or that the court will be able to see 12 jurors and as many alternates as they need to give this woman a good and fair trial.

As far as George and Cindy and Lee not being there, it looks more and more like they`re going to start pointing the fingers at the family, and I can imagine it would be very, very difficult for them to participate in that.

On the other hand, I believe if they want to attend the trial, they have every right in the world to attend every moment of that trial because as well as being the family of Casey Anthony, they were also the grandparents and uncle of Caylee Anthony.

And the whole idea of keeping victims` families out of the courtroom I think is an idea that should have ended with the 20th century.

GRACE: Well put, Marc Klaas.

To Ellen Gambers, psychotherapist. What do you make of the fact that George, Cindy, and Lee Anthony are no-shows during jury selection?

ELLEN GAMBERS, PSYCHOTHERAPIST: I think that under the circumstance they`re trying to keep the focus on their daughter, stay away, and take the spotlight out of them as well as keep their profile so that they don`t have any involvement or look like they have any involvement.

GRACE: Another issue, Tom Shamshak, former police chief, private investigator, instructor at Boston University, joining us out of Boston.

Is the security surrounding this jury, they`re going to have to be sequestered for many, many weeks. Explain.

TOM SHAMSHAK, FMR. POLICE CHIEF, PRIVATE INVESTIGATOR, INSTRUCTOR AT BOSTON UNIV.: Nancy, good evening. Yes, there will be 24-hour a day coverage. That means three shifts and this is seven days a week. And when they do have meetings with their loved ones, law enforcement will be monitoring those interactions so that there`s no influence or any undue influence from the media to these individuals.

And you can suspect that the courthouse will have also a ramped-up security here to ensure that nothing disrupts this trial, Nancy.

GRACE: Another thing, to Diane Dimond. I understand George and Cindy Anthony are threatening to sue their former lawyer. Why?

DIMOND: Yes. Well, this is the third lawyer that they`ve had. And so they have the third lawyer threatening to sue this second lawyer --

GRACE: Now, hold on, Diane Dimond. Hold on. Hold on. I don`t know.

DIMOND: Yes, ma`am.

GRACE: You know, you`ve been around plenty of lawyers. You know I don`t necessarily blame them for booting a lawyer and getting a new one. You know you`ve got to kick the tires a little bit.

DIMOND: Right.

GRACE: Before you find the right lawyer. But go ahead, why sue their lawyer?

DIMOND: Well, they`ve got a good one now. I`ve talked to them. I think they`re all have been good. But their latest one, Mr. Lippman, is going to sue Brad Conway, the second one, because he says Brad Conway has been talking too much to the media about the Anthonys. And of course Conway says he hasn`t been doing anything that isn`t public knowledge.

GRACE: But wait a minute.

Jean Casarez, doesn`t he actually have to violate attorney/client privilege before he can be sued?

CASAREZ: And that`s what Mark Lippman is insinuating that he`s done. But remember, Nancy, if you file a grievance before the state bar, you know what happens that? They have to investigate. And so based on attorney/client privilege, then you`ve in a sense dissolved the privilege because you`ve got to talk to the bar association about that grievance.

GRACE: But him just talking about George and Cindy Anthony doesn`t necessarily mean he`s breached attorney/client privilege, or has he, Jean?

CASAREZ: No. No. What I`ve heard is just opinion, and the First Amendment right you can state your opinion.

GRACE: Everybody, we are taking your calls live. And very quickly to tonight`s case alert. If this is the law, the law is enacted.

Connecticut high school senior James Tate barred from the high school prom. He posted a big sign on school property asking Sonali Rodrigues to be his date. Tate and two friends who helped him suspended, banned for trespassing and posing a safety risk?

Justice tonight. After the school headmistress reverses her decision, Tate -- the Tate man and the ladder man, and Sonali will be at the prom.


JAMES TATE, HIGH SCHOOL SENIOR: I did it to make her feel special and I feel like I accomplished that.

UNIDENTIFIED FEMALE: I never thought that such a decision would lead to international notoriety, as I make tough, unpopular decisions on a daily basis.




BAEZ: Can you look at her and say, she`s 100 percent innocent right now?


GRACE: We are live at the jury selection of tot mom Casey Anthony in the murder trial for the death of her 2-year-old little girl, Caylee.

Joining us, high-profile criminal profiler, Pat Brown.

Pat, weigh in.

PAT BROWN, CRIMINAL PROFILER, AUTHOR OF "THE PROFILER": I think they -- no, I wish they`d polygraph the entire jury because quite frankly I think some people are trying to lie themselves on to the jury and some are trying to lie themselves off of the jury.

I think it`s kind of funny that we think they`re all telling the truth. And I think they`re going to have an interesting time with Casey because she`s exhibiting psychopathy along with a lot of attention getting. I think her lawyers are going to have trouble corralling her and the jury is going to be sometimes confused because they`re going to see that personality flip back and forth depending on her mood of the day and they`re going to need the prosecution there to really explain that to them exactly what they`re looking at.

GRACE: You know, and just imagine what Caylee went through with her mother and her ups and her downs.

Very quickly. To Jean Casarez, why can`t we do more of a background search on the jurors? Constitutionally?

CASAREZ: Well, constitutionally, I guess it`s their right and they can say yay or nay. But Nancy, I see a lot of stealth jurors. I really do, Nancy.

GRACE: We do. The jury selection goes on. We`ll be there tomorrow morning bright and early in the courtroom.

Let`s stop and remember Army Specialist Matthew Boule, 22, Dracut, Massachusetts, killed Iraq. Awarded Bronze Star, Purple Heart, Army Achievement. Wanted to enlist since age 4 when he dressed in camouflage. Lost his life 72 hours after proposing to his girlfriend.

Loved paint ball, soccer, street hockey, his niece and best friend, Britney. Dreamed of flying Blackhawk helicopters. Leaves behind parents Sue and Leo. Brothers Michael and Christopher. Sister, Wendy. Fiancee, Kat.

Matthew Boule, American hero.

Thanks to our guests but especially to you.

And tonight we need your help for Marc Klaas, president, founder, KlaasKids Foundation and Beyond Missing. Since the murder of his daughter Polly, he`s a tireless crusader for victims. Let`s keep his funding going.

To donate, go to

And happy anniversary to Georgia friends Richard and Helen Kite, 62 years together. You are an inspiration to all of us.

Everyone, I`ll see you tomorrow night, 8:00 sharp Eastern. And until then, good night, friend.


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