Wednesday, May 18, 2011

Speculation abounds in case of Casey Anthony early recess (Nancy Grace transcripts, videos)

Speculation abounds in case of Casey Anthony early recess (Nancy Grace transcripts, videos)

On May 18, 2011, Judge Perry called for an early recess causing speculation to arise in the Casey Anthony case.  Jury selection is underway and has faced its fair share of setbacks.  At 1:00 pm, ET, after returning to court from a lunch break, Judge Perry announced everyone would be dismissed until Thursday, May 19, 2011 where they would return to the courthouse at 8:30 am.  No motions or appeals have been filed and the move has been shrouded in a thick cloak of secrecy. 

It is the secrecy behind the move that has sparked speculation that something big is taking place behind the scenes.  Some of the top theories include a plea deal for Casey Anthony, a mistrial and an appeal.  Some have stated that they feel Judge Perry isn’t handling the case in a manner that is fair to Casey Anthony as he has continued to speed up jury selection.  Another theory, one that is not as serious, is that Jose Baez was feeling ill and needed a recess for his health.

At this point, it appears we won’t know the story until tomorrow morning.

Nancy Grace continues to cover the case and she is tackling the newest developments and updates today.  You may read Nancy Grace’s transcript from May 17, 2011 in the video player below.

GRACE: And, breaking news tonight in the case of 2-year-old Florida girl, Caylee, six months of searching culminate when skeletal remains found in a heavily wooded area just 15 houses from the Anthony home confirmed to be Caylee`s. A utility meter reader stumbles on a tiny human skeleton including a skull covered in light-colored hair, the killer duct-taping, placing a heart-shaped sticker directly over the mouth then triple-bagging little Caylee like she`s trash.

With the murder trial of Tot Mom Casey Anthony underway, Tot Mom`s defense revealed, true or not, she claims she sexually was sexually molested as a child. Tot Mom`s likely targets, father George and brother, Lee Anthony. But, she remembers the molestation only after 2-year-old Caylee disappears? After we confirm, one of Tot Mom`s defense team marries a serial killer, George, Cindy, Lee Anthony no-shows in court.

Breaking now, the judge unable to seat a jury. Every time they approach the magic number of 12, Tot Mom`s defense renews the whole strike process. As grandparents George and Cindy Anthony trademark 2-year-old Caylee`s name, thousands of dollars roll into other people`s pockets, using baby Caylee`s name and photo. And, we got a hangman on the jury. Yes, one juror insists she cannot and will not pass judgment. She will not render a verdict. She`s got to go.

In the last hours, Tot Mom puts on a smile and warms back up to lead defense attorney, Jose Baez but court watchers say it`s all just an act. As a parody song of Tot Mom and little Caylee`s murder catch radio airwaves we refuse to play it. Tonight, are we just 24 hours away from opening statements and the trial of Tot Mom.


UNIDENTIFIED FEMALE: George and Cindy Anthony threaten to sue over shocking T-shirts and memorabilia of little Caylee Anthony.

UNIDENTIFIED MALE: Opinions concerning the death penalty.

UNIDENTIFIED MALE: I am actually for it in the right situations.

UNIDENTIFIED FEMALE: I`m not a strong advocate against it or for it either way.

UNIDENTIFIED FEMALE: I value life. I accept the fact that there are times when that is what has to be done.

UNIDENTIFIED MALE: I enjoy spending time with my family. I have a young son, 13 months old.

UNIDENTIFIED FEMALE: I have a nursing background, yes.

UNIDENTIFIED FEMALE: Had you ever had the opportunity to smell a dead body?


UNIDENTIFIED MALE: The fear -- the stain for the -- the child`s remains. I just can`t picture treating another person that way.

UNIDENTIFIED FEMALE: I`m the daughter of a lawyer so I believe in the process.


UNIDENTIFIED FEMALE: So, it`s a big part of me.

UNIDENTIFIED FEMALE: I just don`t like to point my finger at anyone and which I mean by that, judging people from what someone say.

UNIDENTIFIED MALE: That is exactly what a juror is called upon to do.

GRACE: In a Clearwater, Florida, courtroom, twelve jurors will decide the fate of Tot Mom Casey Anthony, whether she will live or die. But, right now, out of all the population in Clearwater, Florida, the judge cannot find just 12 people to go into the jury box.



UNIDENTIFIED FEMALE: Honestly, I`ve been praying for her.

UNIDENTIFIED MALE: Can you share with us what those prayers are for?

UNIDENTIFIED FEMALE: They`re mercy. For her.

UNIDENTIFIED FEMALE: I don`t blog, Twitter or Facebook.

UNIDENTIFIED MALE: Book coming soon. LOL. Post that on your Facebook page, sir?

UNIDENTIFIED MALE: In response to what somebody said about me having to age and something -- that was a joke.

NANCY GRACE, HOST: A defense member that is married to a serial killer.

UNIDENTIFIED MALE: We`re gathered here so that Oscar and Rosalie may be joined in marriage.

GEORGE ANTHONY, CASEY ANTHONY`S FATHER: Is this 15 minutes of fame so important to you?

UNIDENTIFIED REPORTER: George and Cindy threaten to sue over shocking t-shirts and memorabilia of little Caylee Anthony.

CASEY ANTHONY, MOTHER OF CAYLEE ANTHONY: It`s disgusting and people really need to get a life.


GRACE: We are taking your calls. Out to Kate in California. Hi, Kate. What`s your question?

KATE, CALLER FROM CALIFORNIA: Hi, Nancy. I was wondering what happens if all of the alternate jurors are used during the trial?

GRACE: Good question. Out to Ellie Jostad, our chief editorial producer. If all of the jurors are used in the trial that`s typically OK. I remember the Scott Peterson case, Ellie, they went through many alternate jurors being thrown of the 12-jury panel and used a lot of alternates. No problem with that.

ELLIE JOSTAD, NANCY GRACE CHIEF EDITORIAL PRODUCER: Right. That`s true, Nancy, but some people are saying that they believe that that can actually be a mistrial in this case if they got to the point where they used up the alternates and then lost another juror and didn`t have a panel of 12.

GRACE: Unleash the lawyers. Joining us tonight out of Orlando, Tony Lazzaro`s attorney Keith Carsten. As you know Anthony Lazzaro, the last -- let me say -- boyfriend of tot mom allegedly with her after little Caylee was murdered.

Out of Atlanta defense attorney Raymond Giudice and special guest out of the Florida jurisdiction, Mark Nejame, former attorney for George and Cindy Anthony, renowned defense attorney in that jurisdiction.

Ray, they got a problem. If you don`t -- this is a death penalty case. If you don`t have enough alternates and you get down before 12 -- under 12 during the trial it`s over. You`ve got to start from scratch. You can`t go forward with 11 jurors.

RAY GIUDICE, DEFENSE ATTORNEY: Yes. Initially on a 12-person jury you have two to four alternates. This judge set a total of eight. I think eight is a good number. But if he went to 10 he wouldn`t be doing anything wrong because boy, you don`t want to try this all over again because on day 50 of this trial you lose the 12th juror.

GRACE: But Mark Nejame, my question is not so much -- is eight enough because they are not going to get eight. The judge has already said he`s not going to get eight out of what jurors they have left. They can`t even get 12. The 12 principal jurors. Much less the eight alternates.

My fear is they`re going to go forward with maybe two to three alternates and they`re going to use them up and then some during the trial. Then we`ve got to start all over, Mark Nejame.

MARK NEJAME, FORMER ATTORNEY GEORGE AND CINDY ANTHONY, DEFENSE ATTORNEY: Absolutely, they`ll start all over. And I don`t think he`s going to end up with only two or three. I think his goal is to reach eight. I think he`s not going to make it. It won`t surprise me if there`s five or six. But two or three will be woefully inadequate in a case like this. Anything can pop up at any time and if you end up with less than 12, this trial starts all over again.

GRACE: Hold on just a moment, Keith Carsten.

To Ellie Jostad. Ellie, isn`t it true every time they approach the magic number of 12 jurors today the defense Jose Baez re-enacts the striking process. He says wait a minute, you know that one that -- OK, yes, never mind, don`t like him. Strike. And you have to start back again, every time they approach the number 12.

JOSTAD: Right. Well, and Judge Perry has said that once he gets 12 jurors he`s going to bring them into the courtroom, he`s going to swear them in. But each time we`ve gotten to 12, the defense -- you`re exactly right -- has issued or used one of their peremptory strikes.

So we get down to 11 again. We select the 12. Once again we stopped there. We keep going back down to 11.

GRACE: And to Robyn Walensky, WDBO, in court all day today.

Robyn, you said that one of the jurors, you have a problem with him not being on Twitter or Facebook. You know that really doesn`t bother me. But you said his interests are guns and what?

ROBYN WALENSKY, REPORTER, WDBO NEWSRADIO: And cars. I mean to me he was sort of an odd ball out of the mainstream, Nancy. And I want to just go back to one thing about the judge and the alternate jurors. I just have to tell you, you know, he said Monday at the close of court, Judge Perry, we will have what we will have.

And when I heard that, that to my ear seemed that he`s never going get to the magic eight number, and that is a very dangerous road with this crowd of people because of all the antics that have gone on, I really believe as some of your earlier guests have said that they need at least eight alternates.

GRACE: To Keith Carsten, joining us out of Orlando, he`s an expert defense attorney there in the Orlando, Florida, area and beyond.

Keith, thank you for being with us.

Keith, a lot of jurors being tossed right off the bat because they say up front, look, I think she did it. And as this is being said in court tot mom shows absolutely no emotion whatsoever sitting there stone faced. A lot of these jurors know enough about the case to believe she`s guilty.

KEITH CARSTEN, ATTORNEY FOR ANTHONY LAZZARO, FORMER BOYFRIEND OF TOT MOM CASEY ANTHONY: You know, this is the NANCY GRACE factor. This is -- people that are getting information from the Internet and programs like yours.

GRACE: Hey, hey, hey.


GRACE: Whoa, whoa. Don`t blame us, all right? We are giving you the facts and the news. Who`s responsible for all this? Tot mom. It`s not my fault that the body of a 2-year-old little girl was found 15 houses from the Anthony home surround by items out of her own bedroom.

It`s not my fault that tot mom was the last one with the little girl and put police on a wild goose chase for 30 days before the grandmother finally reports the little girl missing.

That`s not the media`s fault. Don`t me -- don`t throw me in that pot, all right? Don`t. All right?

So what are they going to do, Keith? What can this judge do besides plow forward?

CARSTEN: Well, he`s got to plow forward. There is no alternative. You know, my point was, people are getting their information quicker, there`s a lot of it to be had, and finding the untainted jury is getting harder and harder these days.

GRACE: You know, you`re right. That`s not unlike any other death penalty case. Every death penalty case is high-profile. People have heard about it.

I want to go to David Lohr, senior crime reporter with the "Huffington Post," and now to top it all off, George and Cindy Anthony believe they may have to trademark, kind of copyright little Caylee`s name and likeness, because people are raking in money into their own pockets of little Caylee.

What`s happening, David? What type of products?

DAVID LOHR, SENIOR CRIME REPORTER, THE HUFFINGTON POST: You know, that`s correct, Nancy. There`s some individuals out there that are selling t-shirts, cups, even underwear that have pictures of Casey and Caylee. For instance some of them -- there`s a shirt that shows Casey, that says "Casey meet Sparky." There`s a picture of the electric chair.

But, you know, a lot of these have been out for some time. When I was out in Orlando for the second search with Texas EquuSearch, there were actually people that showed up at the search effort wearing some t-shirts like this and they were turned away or they were told they weren`t allowed to participate as long as they wore those items.

GRACE: To Andy Kahan, the director of the Houston Mayor`s Crime Victims Office. He monitors memorabilia sales.

What do you think about it, Andy? And have you reviewed what all is being sold?

ANDY KAHAN, DIR., CRIME VICTIMS` ASSISTANCE UNIT, HOUSTON MAYOR`S OFFICE: You bet you, Nancy. I`ve kept up with it. Not only is this an invasion of privacy but from my recollection this is the first time that a murder victim, albeit a 2-year-old child, is being exploited for profit.

Exploiting a murder trial simply to make a buck off is beyond contempt and is about as insidious as I`ve seen capitalism go.

But I`ll tell you, from a privacy standpoint, I think the Anthonys are on solid ground in filing the suit here because you cannot use the image or a likeness of a person without their consent and since Caylee can`t speak for herself, I think they have good grounds to continue.



JOSE BAEZ, CASEY ANTHONY`S ATTORNEY: We feel our client is innocent and we want to have her day in court.

CHIEF JUDGE BELVIN PERRY, CIRCUIT JUDGE, ORANGE COUNTY: Have you formed an opinion about what you have heard? Have you formed any opinions?

UNIDENTIFIED FEMALE: I have an open mind when it comes to things.

UNIDENTIFIED FEMALE: I have an open mind when it comes to things.


PERRY: Have you formed any opinions?

UNIDENTIFIED MALE: I feel she committed the crime.

PERRY: Have you formed any opinions?

UNIDENTIFIED FEMALE: I try to keep an open mind when it comes to things.

UNIDENTIFIED MALE: I feel that she is guilty.

PERRY: Have you formed an opinion as you sit here today?



CINDY ANTHONY, CASEY ANTHONY`S MOTHER: I`m looking at her and giving her the benefit of the doubt.

Don`t know what your involvement --


GRACE: We are taking your calls at this hour. The judge unable to seat a jury of 12, plowing forward as the trial of tot mom is under way in the murder of her 2-year-old little girl Caylee.

We are taking your calls, to Gladys in Texas. Hi, Gladys, what`s your question?

GLADYS, CALLER FROM TEXAS: Hi, Nancy. I was wondering if out of the jurors that they do have, is there anybody who looks like they could be a leader or who could convince the rest of the jury how they feel? Because when I served on a jury there was a foreman, he controlled the jurors really.

GRACE: OK. Gladys, that`s a good question.

You know, to Natisha Lance, very often lawyers look for -- they call them leaders versus sheep, followers. And both sides defenses say are looking for a leader that`s on their side. Who are we looking at? Who are we down to now? Aren`t we back to 11 potential jurors?

We only need one more. The judge says he`s going to swear them in, start the evidence and then try to get alternates.

NATISHA LANCE, NANCY GRACE PRODUCER: Right, Nancy. As you said we`re up to 11 at this point. But what keeps happening is they get to 12 and then the defense wants to go ahead and back strike. But as far as this one juror that we`ve been speaking about, this African-American woman who said that she`s going to have a hard time judging people.

I think this could end up being a leader for the defense side. The reason being she`s not a strong proponent of the death penalty. She also says that she has a hard time judging people and will have a difficult time doing that so -- in the case. So I think the defense is going to weigh pretty heavily on her when it comes time for trial.

GRACE: We are taking your calls. But first to Leonard Padilla, bounty hunter who first bailed tot mom out of jail, joining us out of Sacramento.

You know, today in court, tot mom has warmed back up to Jose Baez. But, Leonard, court watchers believe it`s all an attack. That they are still feuding which is not a good thing to be divided from your lead defense attorney in a death penalty trial.

Is it all just an act? You`re the one, you and your staff, that spent the most time with her.

LEONARD PADILLA, BOUNTY HUNTER, BAIL TOT MOM OUT OF JAIL: No, no. That`s Casey. She will be upset at you at 9:00 in the morning and at 11:00 she will be just smiling and giggling, and Rob and Tracy were the ones that used to take her and drive her to the attorney`s office and drive her there and drive her back.

And on occasion she would be just very cold towards them and then couple of hours later she`d just warm up. She just runs her life 10, 15 minutes at a time. Never longer than that. And that`s just how Casey is. She`s pretty real in that regard.

GRACE: It sounds like she`s given to great extremes either cold or hot. No in between.

Joining me right now in Miami, Carolyn Robbins Manley, jury consultant.

Carolyn, thanks for being with us. One of these jurors admits that they have heard a parody. It`s a song called "My Trunk" on the radio. And before I actually read the lyrics, I thought that we would share with the viewers but once I read the lyrics it`s not just -- you know, talking about tot mom herself, it`s talking about little Caylee`s dead body, decomposing in the trunk.

It`s so upsetting and I think disrespectful to little Caylee. Now I didn`t even want to put the lyrics on the air.

If a juror has heard that kind of a song, do you believe they are too tainted to be on the jury or could they have a reaction like mine that the song is just wrong, that it`s not really a comment on the truth of the facts?

CAROLYN ROBBINS MANLEY, JURY CONSULTANT: Yes, I would certainly want to know what their reaction was to the song and based on their response go from there. Because yes, just because you heard the song, if your reaction was that it was distasteful, that obviously wouldn`t necessarily disqualify you.

If you thought it was funny or you were amused by it then you might take that into consideration. But it`s -- you know, it`s really just another form of pretrial publicity that you have to explore.

GRACE: Joining me right now is Dr. Dorothy Wiggins, pediatrics -- pediatrician expert out of Atlanta, Georgia.

Dorothy, as -- thank you for being with us, number one, Doctor. But as a doctor, you like many crime scene investigators, prosecutors, defense attorneys have been in the room or around dead bodies. These jurors are actually going to be asked to smell the air out of tot mom`s trunk.

For those viewers that have never smelled that smell, can you describe it, Doctor?

I think I got Dr. Dorothy with me. Dorothy, can you hear me? OK, I`m going to go back to Dorothy and throw that question to Dr. Zhongxue Hua, joining us out of Union County,

What about it, Doctor?

DR. ZHONGXUE HUA, UNION COUNTY, NJ, MEDICAL EXAMINER: It`s a smell, if you smelled it once you would never forgot. It`s very distinctive.

GRACE: And the smell actually made one of the lab doctors jump back, recoil several feet and there are apparently two to three canisters of that air left over.

Unleash the lawyers again. Keith Carsten, Mark Nejame, Raymond Giudice.

Now Georgia and Cindy Anthony, the grandparents, have had to go so far as to trademark Caylee`s name and likeness because money is being made hand over fist off of these t-shirts, mugs, key chains.

It`s reprehensible people are making money off Caylee, the 2-year-old little girl who was found in a skeletal condition 15 houses from her own home.

What about it? What do you have to do to get a trademark, Ray? Put it in a nutshell?

GIUDICE: Very simple set of paper work. But I think they`d be better off going and getting a restraining order and trying to operate under one of the laws that protect victims` rights in this case. I think it would be faster.

GRACE: But to Mark Nejame, how can you name everybody that`s doing it or do you do a blanket restraining order?

NEJAME: Well, I think you need to take a shotgun approach and hit everything possible. I think that you have an issue with the restraining order as it relates to fear of harm and I`m not quite so certain that they`re going to -- that a legal standard could be met.

GRACE: To Keith Carsten, this is Tony Lazzaro`s attorney, the last known boyfriend of tot mom. She was with Lazzaro during the days, the weeks, even the hours after Caylee`s disappearance.

Do you expect your client Tony Lazzaro to be called as a witness and if so for the state or the defense?

CARSTEN: I do expect him to be called as a witness and it could be either side that tries to use his experience. I mean this was a 21-year- old guy. He filters his experiences through 21-year-old eyes at the time. And we don`t know what the defense is going to be so we don`t know what, what his -- if his observation is going to be important to the defense or the state. He`s going to get up there and tell the truth.

GRACE: Out to the lines. Carolyn in Michigan. Hi, Carolyn. What`s your question?

CAROLYN, CALLER FROM MICHIGAN: Hi, Nancy. My question is, this case of this poor baby has been across the country. I have followed it since day one. Is it me or don`t you think it would be hard to seek an impartial jury anywhere in this country?

GRACE: Good question. To Marc Klaas, president and founder of KlaasKids Foundation.

Look, I say if they could seat a jury in the O.J. Simpson case, they can in this case, Marc.

MARC KLAAS, PRESIDENT AND FOUNDER, KLAASKIDS FOUNDATION: Yes. And I agree. I think that you`re going to be able to find people that can set aside their opinions and base their decisions upon the evidence that they hear during the trial.

If all the standard is never having heard anything about the trial, then you`re not going to be able to seat a jury. I think the judge is doing a wonderful job and hope he forges ahead.



UNIDENTIFIED REPORTER: Dysfunctional family.


CINDY ANTHONY: We`re falling apart.

CASEY ANTHONY: Lots of love.

UNIDENTIFIED MALE: Gorge is starting to come apart at the scenes.

G. ANTHONY: If you don`t want to be knocked down get out of my way.


CASEY ANTHONY: I`ll see you next (INAUDIBLE).


CINDY ANTHONY: They got prepared for this.

UNIDENTIFIED MALE: -- is not mentally stable.

UNIDENTIFIED FEMALE: History of sexual abuse.

UNIDENTIFIED REPORTER: "When I told my mom her reaction was, so that`s why you`re a whore."

UNIDENTIFIED MALE: Is that true? Yes or no? Yes or no, the way you like it?

CINDY ANTHONY: I did not know -- quit publicizing that stuff.

G. ANTHONY: You can`t care about my granddaughter.

CINDY ANTHONY: And that`s all that`s important.


GRACE: We are taking your calls. I`m going to try Dr. Dorothy Wiggins, pediatrician out of Atlanta one more time.

Hi, Doctor, thanks for being with us. There`s a lot of complicated medical examiner and physical evidence for this jury. We know that some of the jurors didn`t make it through high school.

But don`t doctors always have to explain cause of death and very technical and confusing medical procedures to people that don`t have a doctorate degree? That should not be a hindrance with placing these people on the jury. Don`t you have to do that every day?

DR. DOROTHY WIGGINS, PEDIATRICIAN: Yes, Nancy, we do do that every day in our offices as we`re speaking to parents. We`re always making complicated medical diagnoses and breaking them down so that it`s understandable. So I think that any physician should be able to take care of that for any jury, ma`am.

GRACE: And you, Dr. Wiggins, like a lot of other doctors, but especially you`re dealing with very upset parents or children are sick in the hospital and you`ve got to break it down and explain it. That`s part of your job and you do it every day, right?

WIGGINS: Yes, we do that every day. And we -- all physicians are capable of doing that and making certain that each and every member of that jury could be able to understand that. That`s definitely a daily duty that we take care of and do it --

GRACE: With us, Dr. Dorothy Wiggins out of Atlanta.

Everybody, we`ve got to stop, but let`s remember Army 1st Lieutenant Robert Seidel III, 23, Gettysburg, Pennsylvania, killed Iraq. Awarded Bronze Star, Purple Heart, Army Achievement Medal, National Defense Service Medal. A West Point grad.

Dreamed of joining elite special forces. Loved country music, sports, visiting Gettysburg Battle Field. Favorite team, Red Sox. Leaves behind parents Bob and Sandy, brother, Stephen.

Robert Seidel, American hero.

Thanks to our guests but our biggest was to you for being with us.

Everyone, I`ll see you tomorrow night 8:00 sharp Eastern. And we will be live in Clearwater. And until then, good night, friend.


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