Wednesday, May 18, 2011

Will George and Cindy Anthony sue former attorney Brad Conway for recent Casey statements? (transcripts, videos)

Will George and Cindy Anthony sue former attorney Brad Conway for recent Casey statements? (transcripts, videos)

On Monday, May 16, 2011, Jane Velez-Mitchell addressed one of the newest dramas surfacing in the Casey Anthony trial: the potential lawsuit against Brad Conway by George and Cindy Anthony.  Brad Conway, the former attorney for George and Cindy Anthony has granted media interviews where he has discussed the Casey Anthony case.  Now, George and Cindy state he has violated their attorney/client privilege.

Brad Conway didn’t mince words as he indicated that his theory was that the defense would try to point the finger at the Anthony family by alleging abuse to explain why she failed to notify anyone that Caylee was missing.  Brad Conway’s exact statement is as follows,” My theory is that he will blame the Anthony family. 
She`s alleged sexual abuse. She`s alleged emotional abuse, and he will say that she could not explain or tell anybody what happened to Caylee during those 31 days because of, let`s just call, it family dysfunction.”
It seems interesting that George and Cindy would state that this has somehow violated their attorney/client confidentiality.  Is it possible that George and Cindy actually stated there was abuse in the home and that’s why they think this is a violation of confidentiality?

Here is the transcript from Jane Velez-Mitchell addressing the issue.

VELEZ-MITCHELL: New Anthony family legal bombshell; with Casey`s jury selection in its final days, a new Anthony family legal drama. George and Cindy Anthony say they might be suing their former attorney, Brad Conway, claiming he violated attorney-client privilege. And apparently it all started because of comments that Brad made to me right here on ISSUES about Casey`s case. Check this out.


CONWAY: My theory is that he will blame the Anthony family. She`s alleged sexual abuse. She`s alleged emotional abuse, and he will say that she could not explain or tell anybody what happened to Caylee during those 31 days because of, let`s just call, it family dysfunction.


VELEZ-MITCHELL: So did Brad violate attorney-client privilege? Couldn`t somebody else come to those very same conclusions just by watching this case on TV? And didn`t the defense bring this type of speculation on themselves by promising mystery shockers in the first couple of minutes of opening statements?


JOSE BAEZ, ATTORNEY FOR CASEY ANTHONY: That question will be answered within the first minute of me standing up for opening statements and it will be put to rest for good.


VELEZ-MITCHELL: I`m taking your calls, 1-877-JVM-SAYS, 1-877-586- 7297.

Straight out to Florida prosecutor, Stacey Honowitz; Stacey, honestly I like everybody involved in this, I think that the Anthonys have been through hell. I have tremendous compassion. But I also like Brad Conway and I don`t think the Anthonys have a case. Brad gave his opinion. Anybody could have given the same opinion. I don`t think it`s a violation of attorney-client privilege, do you?

STACEY HONOWITZ, FLORIDA PROSECUTOR: No. Well, listen, I think some people could look at it and say, he`s a little too close to the case to be making comments on television. Quite frankly, if you`re involved in the case, you really shouldn`t be making any kind of extrajudicial comments about the case.

But I don`t think he violated attorney-client privilege because I don`t think that the Anthonys ever said to him in confidence, by the way, George sexually abused her and this might be an issue.

The bottom line is, yes, everybody could reach the conclusion based on all of the media that`s been going on. Everyone has talked about potential sexual abuse. Everyone`s talked about potentially blaming it on George. So, yes, he did come to an opinion that everybody else might but people might be looking at this closely because he was very involved and acting as their attorney at one time.


VELEZ-MITCHELL: Well, listen. Brad Conway isn`t the first attorney to talk about the Anthonys after their employment ended. Linda Kenney Baden is Casey`s former lawyer. She was on the dream team and she caused major controversy recently during an interview with CBS.

Listen to this.




UNIDENTIFIED MALE: When she said that the nanny could not --

KENNEY-BADEN: Sure. I think everyone knows that that was a lie. Her actions have been her own worst enemy.


VELEZ-MITCHELL: Hello. Jean Casarez, you are there. Wouldn`t that be -- everybody knows that Zanny the nanny is a lie? I would think that would be more of a turning -- and I love Linda Kenney Baden too. I love them all -- seriously.

JEAN CASAREZ, CORRESPONDENT, "IN SESSION": No, I agree with you. I adore them all, too. And Linda Kenney-Baden is one of my favorite people but that is much more, in a sense, on point with what Littman is saying about a violation of attorney-client privilege but that may be Linda`s opinion, too. And opinions -- we have First Amendment rights.

VELEZ-MITCHELL: Yes. And before we get to how they are doing on jury selection, let`s just wrap this controversy up. Even before the trial Cindy and George Anthony -- well, they were obviously prone to outbursts and some might say they have control issues. Check this out.


CINDY ANTHONY, MOTHER OF CASEY ANTHONY: Well, answer the question. Did she -- you`re asking me, did she sign that ok? All right. You`re asking me a question and I want to verify --


VELEZ-MITCHELL: -- a lot of compassion for Cindy and George. They have been through hell. But Brad Conway isn`t the first person that Cindy`s had a falling out with. EquuSearch, the guy with the hat -- it seems like she might have some control issues and a general problem of accepting life on life`s terms. And you wonder if that`s somehow connected to what happened with Casey Anthony and her daughter little Caylee.

Carol, New Jersey, your question or thought?

CAROL, NEW JERSEY: My thought is it`s just unfathomable to believe that the defense would stoop so low as to turn this around and blame Cindy and George Anthony for the murder of this little baby. And for Casey Anthony to say that she was sexually molested and abused and mistreated as a child, that`s no excuse for that child being dead. And I really think that the defense has a lot of explaining to do for the 31 days that she didn`t report that child missing.

VELEZ-MITCHELL: And that opinion is why they are having a hard time with jury selection.

I want to bring in a very, very prominent jury consultant, Susan Constantine. Now, let me ask you this. Since jury selection started, a lot of people say Casey has been putting on perhaps a show? We`ve seen water works a couple of times and even an incident where she left court and she suddenly looked like she was having some kind of physical breakdown and left court with a damaged hand. Maybe she mysteriously damaged her hand and had to be escorted out as you see there.

But cynics would say she could be performing for the jury. Susan Constantine, as a jury consultant what is your take on it?

SUSAN CONSTANTINE, JURY CONSULTANT: Well, you know, when we saw her kind of breaking down, you know, Jane, that really did look authentic to me. She is a good actor. We know that already. She`s been able to tell stories as if they`re very plausible. They seemed really real to her.

But now here is, you know, maybe something`s wrong with her hand. She takes her shirt, she rolls it up over her hand and -- but you know, to rubbing it, it doesn`t seem authentic to me and, yes, part of that is kind of playing up to the sympathy with the jury.

VELEZ-MITCHELL: Jean Casarez, update us on how far they have gotten. I have heard that one guy prospective juror actually put some information on his Facebook page and it could have been like a subtle way to try to get off the panel. What the heck is going on down there?

CASAREZ: Well, that was this weekend, yes. He wrote on his Facebook page, hey, I`m coming out with out with a book. Well, he didn`t make it too far and he walked out with a big smile on his face.

But we have 17 going into final jury selection. Now the judge is going to question three or four more along with the attorneys tomorrow. But you know what, there are periphery strikes and if they strike, what are they going to do then. The judge says we might have less than eight alternates. That`s sort of scary possibly, Jane, in a trial this magnitude.

VELEZ-MITCHELL: Well, explain, Susan Constantine, how it goes down. Because I keep hearing this person has moved on to the next, made the cut. But they are not a juror yet until they sworn in. So when do these challenges that either side can use to strike anybody they want except for reasons of bias, when do those come into play?

CONSTANTINE: Well, basically now, what`s going to happen is, you know, you have the voir dire process and then each of them have an opportunity to do their individual voir dire. And based on that, then both of them -- both sides, defense and the prosecution will decide who they want. But they don`t always get who they want. That`s the really interesting thing here is that they don`t always get who you want. And as many times as I`ve done jury selection, I`ve had my dream team --


VELEZ-MITCHELL: Go ahead. Continue --


VELEZ-MITCHELL: I said that`s a Rolling Stones song, you can`t always get what you want. Go ahead. Continue on.

CONSTANTINE: That`s correct. So we have our game plan going on. We know what we`re looking for as far as a profile. They have already gone through phase one and phase two; now it`s crunch time.

And the thing is that we may not be able to get all the jurors that we want. We only have eight alternates. People can get sick and we could have a death in the family with one of the jurors. There is all kinds of conditions that can happen during that two-month period.

VELEZ-MITCHELL: Stacey Honowitz, when do you predict they will start the trial? Because I feel maybe by Friday and then they`ll give them the weekend to get their act together and relocate -- essentially prepare to move their lives. What do you think?


HONOWITZ: I don`t think so. That`s because -- I mean my feeling is that the challenge haven`t been made yet. There`s peremptory challenges and there`s challenge for cause and they haven`t done that yet. I think it`s going to go a lot longer.

Quite frankly, I`m even surprised they got this many past the first because of the magnitude of the case. Sometimes in a first-degree murder case locally, it can take three weeks to get a jury. You`re talking about a first degree murder, death penalty, high profile where they have to be sequestered. So, they have made some progress but I don`t think it`s going to be that quick. I think it`s going to go at least another week.

VELEZ-MITCHELL: So you`re thinking it is going to be another week?


VELEZ-MITCHELL: Jean Casarez, very quickly, when do you think?

CASAREZ: I was going to say Saturday or Monday, but with the judge saying if we have less than eight alternates, we`re going forward, it could be sooner than that.

VELEZ-MITCHELL: All right. And what do you think, Susan? Very briefly. When?

CONSTANTINE: We`re going ahead by the end of the week.

VELEZ-MITCHELL: Wow. Ok. Well, you heard the experts. I basically think it`s going to happen on Monday. That`s just my feeling. But what do I know?

Nancy Grace will have all of the latest developments in the Casey Anthony trial on HLN tonight at the top of the hour.

Also, shock and outrage after a mom goes on TV and admits proudly she gives botox injections to her 8-year-old daughter. Now ABC is reporting the little girl has been taken away from her mommy pending an investigation. Should this mother lose custody? Call me, 1-877-JVM-SAYS.

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