<p>I read that Casey had wanted to give the baby up for adoption when she was pregnant and Cindy wouldn’t hear of it-- maybe that’s why it was hidden if it really was.</p>
<p>I saw the smiling-and-calling-out incident. I think that, from a tactical point of view, Baez had to say something even if it meant ticking off the judge. You can’t make a serious point to a jury when there’s a guy snickering at your theatrics. Waiting until after closing arguments to complain would have been pointless.</p>
<p>My opinion of Baez has evolved. Given how little he has to work with, I think he may be doing the best a lawyer could do. And I have a hard time holding it against him that he created openings for witnesses to say things that hurt his client’s case. His job is to defend his client *with *the truth, not to defend her from the truth. If the truth is against her, then a defense attorney’s best option is to convince the client to plead guilty. And if either the client or the prosecution won’t go for that, then there’s really no good option left.</p>
<p>It may be true that, tactically, Baez had to say something but he went about it in the wrong way. He lost his cool, it was obvious. He would have been much better off to stop and request that the judge admonish Mr. Ashton to stop the smirking and snickering. This would have shown professional behavior, and would have shown the prosecutor in a bad light. I don’t think he’s doing the best a lawyer could do. An accomplished criminal attorney would have had a much more coherent closing argument, one which wasn’t so terribly confusing and convoluted that it likely would leave the jury baffled, one that was eloquent and without the repeated use of figures of speech, sayings and metaphors. He clearly did not learn the advantage of being concise when in front of a jury. Contrast his rambling argument that seemed neither logical nor methodical to that of Jeff Aston this morning.</p>
<p>Agree completely with Alwaysamom. His argument was not well organized. It lacked logic. He would not pass a trial class in law school with that closing. One minute he argued that only hard evidence should be considered. The next, he suggested that the prosecution manipulated the evidence, and then admitted there was no evidence that they did it, but they could have - wha?? He argued that his autopsy expert relied only on science and then tried to argue that the lack of discoloration ruled out suffocation. In the next sentence, he admitted that the discoloration is not always there in suffocation so… the logical conclusion is that the lack of discoloration proves nothing. Any slightly intelligent juror will be able to knock down every argument he made. It is not nearly as easy to discount the prosecution’s case.</p>
<p>I agree that Baez went about the issue of Ashton smirking the wrong way. He should have approached the bench at the end of his thought. The way he dealt with it seemed very unprofessional and losing his cool, not to mention interrupting himself at a key moment. </p>
<p>I haven’t watched the trial and so the sample I saw of Baez today was all I have to base it on but his manner seemed rambling and not well organized or summed up. I agree he doesn’t have a lot to work with and that Casey Anthony seems to have given him a made up story. He just seems out of his league from what I can tell.</p>
<p>*I read that Casey had wanted to give the baby up for adoption when she was pregnant and Cindy wouldn’t hear of it-- maybe that’s why it was hidden if it really was. *</p>
<p>This is what happened… Casey’s infertile married friend Kiomarie asked Casey if she and her H could adopt her baby. Casey told Kiomarie that her mom wouldn’t allow that to happen.</p>
<p>There’s no proof that Cindy EVER said that. Casey may have just wanted to let her friend down gently. Casey probably didn’t want to upset her friend by saying, “well, I know that you’re infertile, and I know that I have no money and no husband, but I want to keep this baby.” </p>
<p>This all happened after EVERYONE knew about the pregnancy. Probably around the baby shower.</p>
<p>Casey wasn’t one to say “no” to friends…if she had to say “no,” she’d blame others.</p>
<p>and…Casey was loving all the attention she was getting from being pregnant (once it was known) and being a new mom.</p>
<p>This isn’t that unusual. I’ve known spouses to “blame” their other spouses in order to get out of social engagements and such… “Oh, no, we can’t go to X because my wife says that we have something else going on that night.” BS penalty flag.</p>
<p>I finally got to see the clip of Ashton laughing behind his hand. Yes, it was wrong, but sometimes it may be hard to keep a straight face.</p>
<p>I did notice that during opening arguments, when Baez mentioned (in detail) the sex abuse, Ashton was shaking his head “no.”</p>
<p>It is a mistake for Ashton to show any reaction. It is unprofessional and I’m surprised he can’t control himself any better than that. There is no excuse for it.</p>
<p>From my perspective, if Jeff was “baiting” Jose by smirking it appeared to have backfired. I agree with cartera45-- I thought for being the seasoned courtroom veteran (who had the upper hand during the entire trial) he came across somewhat unprofessional in reaction to Baez’s arguments. Whether it was a tactic or not, I’m a little puzzled by his reaction. After all, as the prosecutor, he will be given sufficient time to provide his rebuttal to Baez’s final arguments so I’m not sure why he had to react this way. I’m also fairly certain these types of lawyer reactions to one another are a relatively common occurance in the courtroom and it might just be the blowing off of 6-weeks worth of frustration towards one another. </p>
<p>On another note, the HLN TV coverage hosts mentioned that none of the jurors were taking notes during Ashton’s final arguments but I do not recall them making this same observation when it was Baez’s turn to address the jury during his final arguments. I would view a lack of notetaking, on the part of the jurors, as a positive sign for the prosecution come deliberation-time. Speaking of the jurors, will we finally get to see them on HLN when the verdict is read?</p>
<p>Frankly, I was shocked at Baez’ body language through-out the trial. He’d swagger back to the table when he was annoyed. He’d give a “look” when his objections were over-ruled. He practically would roll his eyes at various times. He made all kinds of facial and body gestures that were very disrespectful to the judge. </p>
<p>I didn’t like when he claimed that George had no paternal instinct in him for not being willing to “fall on the sword” for his D.</p>
<p>Well, Baez, if your client is INNOCENT, why should anyone have to fall on a sword for her??? and, frankly, you alienated George as someone to potentially take the bullet for Casey by painting him as a pedophile child abuser. If you want family to cooperate and LIE, then don’t throw them under the bus first.</p>
<p>I do think it’s funny that Baez essentially said that Cindy perjured herself on the stand.</p>
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<p>I thought that was weird, too. It sounded as though he was saying that George should have lied on the witness stand in order to save his daughter. If that’s not what me meant, then I have no idea.</p>
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<p>I suppose there’s no point in pretending she didn’t. If…IF…he implied that deliberately, then he was probably just making the point once again that they’re a whole family of liars, and so there’s no reason to believe their testimony, incriminating or otherwise. Again, just interjecting doubt.</p>
<p>I’m playing devil’s advocate, of course. I think Casey is indefensibly guilty.</p>
<p>^^^
Right…but by saying that Casey is a big fat liar and her family is a bunch of liars…then wouldn’t the jury think…well, Casey told YOU that Caylee drowned…so why should we think that Liar Casey told you the truth…when she NEVER tells the truth.</p>
<p>*It sounded as though he was saying that George should have lied on the witness stand in order to save his daughter. *</p>
<p>Exactly…Baez was banking on the fact that since the family had been “looking for Zany” until 12 weeks ago (omg!!!), that they would do/say ANYTHING to help Casey’s case.</p>
<p>But, I think Baez’ strategy backfired by telling the parents soooooo late that the zany story was a lie and that Caylee drowned. </p>
<p>I know it sounds crazy that Cindy said that she was still looking for Zany until 6 weeks before the trial, but I still think it’s odd that she wasn’t then asked…so why did you stop looking 6 weeks ago? Who told you what specific information that made you realize that there was no Zany??? Then she would have had to say that Baez told her. Then he could have gotten more info.</p>
<p>The prosecution should have deposed C & G again about 4 weeks before the trial.</p>
<p>glad i didnt have anything planned for today… i guess i’ll be watching</p>
<p>having not watched the trial, only heard snippets as it progressed…i dont mind Baez… i think he is doing all he can to just get rid of the DP… he cant put together anything logical as he knows Casey lies about everything…so just throw a bunch of stuff out there…hope someone on the jury takes at least one thing and holds on to it during deliberations. For example the chloroform searches, on his list it shows myspace was searched first … i know i do that all the time on here…someone mentions something and i go straight to google to search. whether that is a true representation of what happened or not, i dont know…didnt see the actual testimony on any of that…but if a juror does that they may not put as much weight on the searches? </p>
<p>Yes, i think he was confusing but it think that may have been his tactic. think it will hurt him that the jurors have now had a nights sleep to think about it and will be fresh to hear the rebuttal.</p>
<p>It wasn’t fair to the defense the PA being allowed the whole night to prepare his closing rebuttal and getting the sole presentation to the jurors today after the judge allowing the split days. This thing will be declared a mistrial yet.</p>
<p>Lizard, I agree. Also, the jurors just had a night of sleep and are now more refreshed so they can focus better on the rebuttal than they were able to focus on anything that was going on yesterday in the late afternoon. Late afternoon yesterday, jurors were probably tired, restless, and hungry.</p>
<p>^^^Not to mention bored out of their minds.</p>
<p>Mom2college- this maybe a dumb question but why were C&A still looking for Zanny 6 weeks ago when we all have know for a few years that there was no nanny and the real Zenida Fernandez-Gonzalez wasn’t Kaylee’s nanny?</p>
<p>Lizard - that is not grounds for a mistrial.</p>
<p>I’m not an attorney, but I still don’t think it was fair. I still wouldn’t be surprised if this case is retried. Too, the judge isn’t consistent; he jumped all over the TGIF guy the other day for contempt, yet he let the PA, who should know better, jerk around with his smirkng until the defense attorney started up.</p>
<p>Lizard, I agree.</p>
<p>What makes our country different is that we are all innocent until proven guilty, not the other way around. </p>
<p>I’ve found it very bizarre that people are criticizing Baez for mishandling the laughing and smirking incident but not commenting on the fact of the absolutely deplorable behavior of a PA acting like that in a death penalty trial. Not the state’s finest moment.</p>
<p>God forbid anyone should be wrongfully accused and railroaded. I’m not saying that is happening here, but it happens in this country and it should not.</p>
<p>If she is convicted, she will obviously appeal, even if there isn’t a mistrail.</p>
<p>ETA: most of the experts I’ve heard think the conviction isn’t a foregone conclusion, anyway, the evidence is pretty scanty.</p>
<p>lizard, none of those things rise to the level of declaring a mistrial. The regulation of closing arguments is well within the discretion of the trial judge and, unless something truly egregious occurs, there will be no mistrial. </p>
<p>Watching now and it seems Baez’ tactic is to disrupt as often as he can. I thought the defense attorney’s opening with a football analogy was inappropriate. Anything that suggests a murder trial is a game should be avoided.</p>