3 years ago this month, Cindy called 911 to report Caylee missing. Caylee was short of her third birthday. Today is July 3rd. Many people believe 3 to be a lucky number! Let's all send our good luck to the prosecution today as closing arguments are heard!
Prosecution both wore dark clothing today for the closing arguments. Dorothy Sims wears the same brown suit as always...ho hum...AND Casey wore her same yellow shirt that she wore Friday!
They'll began with standard jury instructions and then take requests. The state and the defense had no objections to the first page of jury instructions. Attorneys didn't understand judge's orders about a particular change in jury instructions. Perry says "I guess you all were mistaken!" Lizabeth Frye, for the defense argued charges against Casey. She is recently out of law school and is volunteering for the defense. As of 8:45 Baez still did not walked into the courtroom.
Judge: Y'all better make sure somebody brings you a sandwich at noon if you wanna get this jury instructed today. Judge suggested everyone bring a sandwich. They will work through the lunch hour.
Judge: Evidence defense can make accidental drowning inferences via pictures, as Mason wanted. No objections. Judge says there is no evidence Casey was sexually abused by her father or brother. Baez said jury can decide that themselves. Sites paternity tests, irregular menstrual cycles, and no GYN visits till 19 and pregnant. JP: "Is there any record evidence of that since I've never had one of those type of examinations?"JB: Common sense. JP: Did Lee testify? JB: Yes. JP: Did anyone ask him if he crept into her room & tried to molest her? JB: No. Baez also said family's concealing pregnancy can be drawn upon for inference; common knowledge abuse victims promiscuous. He also said neither side asked Lee about molestation for "strategic reasons."
Baez said there is no more evidence about child given chloroform or suffocation by duct tape than there is of sexual abuse. JA: No record evidence to present contention that alleged, unproven, denied molestation relates to this case. "Innuendo is not evidence." JP: No facts in evidence of sex abuse and defense can not argue in final. ***Key ruling. If state opens door, might change. *Casey looks worried*
5 min break
What you won't hear in Casey defense closings: Allegations of George & Lee sexually molesting Casey. Judge says no evidence of that.
Baez wants to make sure it's ok to talk about parental dysfunction. Judge says ok, so long as no molestation mention.
Judge reads instruction that through no fault of either side, Dr. Rodriguez didn't complete testimony & should be disregarded.
Starts by thanking the jury and then plays video of Casey playing with Caylee. *Casey cries* JA: Being a parent is so much more than playtime. It's about sacrifice. When you have a child that child becomes your life. Casey shakes head no and frowns when he said she wanted to live her own life. It's sacrifice - time, love, dreams, life. Your child becomes your life. This is clash between responsibility & life Casey wanted. First expectation of Casey's parents after Caylee born was that Casey would work. Her solution was to lie. Told parents she went back to old job; parents thought she had. Significance isn't that she lies but pattern, reasons for it. When Casey faced with problem, solution is to change lie. Very bright. Lies detailed. Persistent pattern. Casey finds a way to do what Casey wants to do. Casey makes up Zanny. For almost 2 yrs pretends to have job and nanny. But problem is she's with Caylee 24/7, every day/night.
Caylee is getting older and is talking. Someone will ask her Zanny and Caylee will say "No Tony" With Tony Lazzaro she can do whatever she wants. There's nothing wrong with young people being young people. Lazzaro has club, young people drinking and doing what young people do. But that's not like Casey has because she's a mom. Once Casey started dating Tony she go the taste of the free and fun club life and it was "fantastic". Casey gets a taste of freedom the week Cindy was on vacation. She has choice of life tethered to a child or be 22. There is no way Cindy Anthony would have every permitted Casey to walk away (from Caylee)
She had to choose between sacrificing two things: life she wanted or child. The choice she made was her child. On that night, Casey knew...she would be in the arms of her boyfriend and Caylee would be dead. *Casey shakes her head no* Casey is smart. Tells her mother intricate lies and stories. She spends nights with boyfriend and Caylee in all likelihood decomposing in trunk of car. Casey borrows shovel. Thought briefly of burying Caylee in yard. Too much work for her. Decides to throw Caylee in swamp. Counsel (Baez) suggests imaginary people are not a deliberate fabrication. They are deliberate fabrications because they fit the audience and necessities of that audience. As Ashton walks through how Casey spent 31 days, he keeps saying "all while Caylee was decomposing." Casey makes lie about car accident in Tampa. extends her stay a little longer. Casey is smart. Casey is quick. It is absolutely amazing how nimble Casey Anthony's mind is. Ashton says Casey has the ability to come up with a believable lie in an instant - he calls it impressive. Imagine being able to remember the lies you told a year ago.
Casey created for myspace/FB accts. She said it was related to Caylee. Lee said she told him it represented .time between June 16 and Caylee's birthday. What did timer55 actually mean? Meant she knew she could stall her mom only until Caylee's birthday, and then her mom would insist on seeing her. All Hell breaks loose on July 15 because they got car which smelled of decomp. Cindy is on a mission to find Caylee. She will not be denied. Casey sticks to story. "Zanny, Zanny, Zanny, Zanny." Lee Anthony tries to convince Casey that her lie will NOT succeed. Casey comes up with a new lie: Zanny kidnapped Caylee 31 days ago. Police initially treat her as victim of kidnapping. But the more they investigate, her story falls apart. Zanny kidnapped Caylee. Casey got the date wrong, but the number of days right -- 31 of the 55 days were gone. If it weren't true you couldn't write it this good. Casey lies at Universal. Then "okay I don't work here".
Casey released on bond...she comes up with forceful kidnapping story, from park; held down, Caylee taken because she was bad mother. Faced with overwhelming evidence story was a lie, came up with new one. Call it Casey 3.0, a new version. Picture of Caylee's remains on the screen. The jurors look...they've seen this picture before. No one looks away. Ashton calls for picture of duct tape. Picks up the as can and a bag of evidence (a piece of the duct tape) Tape on Caylee, also on gas can taken from Anthony home. *Casey has her head down and is holding her head with her hand. * Duct tape used to kill Caylee Anthony used on photo of the missing child. Ashton shows pix of plastic bag. "I guess this was her coffin." Ashton shows more pix of clothes found with Caylee's remains, also pix of her in same clothes when alive with Casey. *Personal note: Isn't it weird that the New Winnie The Pooh movie is coming out in theaters soon and has been advertised daily here?* Next picture on screen is blanket found with remains. Ashton pulls out bedding taking from Anthony home. * Judge Perry glances at Casey from time to time* Blanket bedding not taken from home of some stranger. By the time Caylee's body was found, any suggestion that Caylee was kidnapped and murdered by a stranger is gone. *Casey starts crying as Ashton explains defense's opening statement minus molestation.* Ashton says defense told a detailed "story" of how Caylee died- with a lot of flair.*Casey's chest is heaving* Defense opening statement has not been established by any evidence in this case. Baez obj. Perry overruled it.
Defense said George disposed of Caylee. his connection to tape, connection to placing tape on Caylee. Defense wasn't satisfied with just 1 villain, they wanted a 2nd - someone "morally bankrupt," Roy Kronk. Nonsensical proposition that someone took skull and put tape on it. Ashton compares defense story to a "trip down a rabbit hole." "This is the world the defense invites you to occupy." You can't have both - who put the tape on, George or Roy Kronk? Defense arguments require you to suspend common sense.
Defense claims Kronk took skull, put tape on it, brought it back and then calls police. Nobody wanted to listen to Kronk. He gave up. Said if Kronk really wanted money- he would have walked up to reporters and told them to come with him. He wasn't looking for money. That tape didn't just get put on that skull. Tape is decomposed like everything else.
George Anthony was a doting grandfather he loved his granddaughter more than life itself. You saw the pain and anguish. Casey's car reeked of death.
Ashton talks about the smell of decomposition in car. Hinting on Dr Vass' testimony (jumped back when opened can. *Casey just scowls at Ashton* "There was a dead body in the back of Casey's car." "we have exploded the myth" garbage didn't give off odor. Ashton now summarizes hair testimony. The point is that hair is from a dead body. Ashton says hair in trunk was from. Dead body. Talking about mitochondrial DNA eliminating Casey and Cindy and Lee. Hair could only come from Caylee Marie Anthony. Hairs taken from her remains also had the hair band. As hard as it is to accept, when Casey was walking thru Blockbuster with Tony..Caylee was in trunk decomposing. Ashton says evidence in this case proves beyond a reasonable doubt Casey killed Caylee. Ashton says she chose to sacrifice her child to live the life she wanted. She took a child. Took her life. Then put her in the trunk and forgot about her. Defense will say we can't prove how she died. Dr G said no good reason to put duct tape over face of child. Why would you? 3 pieces of duct tape are needed to make sure the child cannot breathe. *Cindy has hands over mouth* There just is no reason to put duct tape over the face of a child, no justification, to put tape over live or dead child. We can only hope chloroform was used so she went peacefully. She died because her mother decided the life that she wanted was more important. This murder was premeditated and the defendant is guilty.
She died because her mother wanted the life she couldn't have. She is guilty of premeditated murder.
State says they have 2 objections to defense's posters. Defense wants to shown poster to the jury entitled "Casey's Imaginary Friends." State is objecting to the picture of younger looking Casey. Burdick suggests her Sheriff's picture of her smiling. Judge Perry asks how old she is in this photograph. Burdick suggested 8th grade. Fryer just asked Casey's parents if she will look at picture. Baez walks it back to Cindy. Cindy walks up past George to take her seat. They don't look at one another.
* Surprisingly Cindy didn't say it was taken yesterday! *
It's from 2001. Baez says he doesn't know how old she would have been. Let's do some math. That was 10 years ago. She is 25 now. 25-10 = 15!!!! Baez says she 18 in picture. JP: I don't care about imaginary friends..the problem is you don't have a recent photo of Casey. That there distorts reality. If defense shows jury a picture of Casey from high school where she looks much younger it might engender sympathy. Defense used 77 min and 7 seconds out of 4 hours given to argue.
Baez covers picture and replaces it with a more recent picture of Casey. Casey watched as her face was covered with tape. Rather Ironic.
*Baez has his fears that he is expressing to jury written out on billboards!* Baez says his biggest fear is that they will use emotion not law to decide verdict. He says there was so emotion in this case. Baez says Caylee was an innocent beautiful child who died too soon. That's not being argued. He says state is trying to invoke emotion. State showed video of Caylee playing and talked about parenting to bring out emotion. They gave you 2 weeks of irrelevant testimony to paint Casey as slut, party girl, liar, nothing to do with Caylee's death. You would dishonor Caylee to decide this case on anything other then evidence. Linda Drane Burdick smirks as she sees Baez makes his arguments. There are no mysteries to solve here. If you have questions, then it was not proven. State had open checkbook for labs, witnesses, etc. People see child abuse signs, but nothing other than Caylee was loved, well taken care of. Baez says all the car shows is if she may or may not have been transported. It doesn't show how she died. Casey acted inappropriately and should have reported her death. But state has no right to "overcharge."
Brings up large calendar to speak of car. Baez has magnets with people's pictures on it to use on calender. Tony on 20th helped her get gas from shed in backyard. Said Casey didn't try to block him. Put cans in trunk. If she had body in trunk of car or smell was there, he would've smelled it. Reason is because car didn't smell at that time. Baez says jury may have missed "bombshell" when Maria Kish testified 4 friends got into Casey's car and didn't smell anything.
Yet 2 yrs later, it still smells....all these people say it smells...but recall the incident with gas cans. Who in the world reports gas cans missing? And why is duct tape on there? Why so many lies surrounding can/duct tape? It's not coincidence. You couldn't have odds worse than lottery. That's how bad it is. Why did George wait til 15th to pick up car when notice went out on 4th? He showed up with can; knew car out of gas, at Amscot 3days. Says George didn't do anything after smelling decomp in car, even after not seeing his daughter and granddaughter in a while. George knew Caylee was dead, wanted to distance himself from thought. He said he smelled the smell of death. Of course, he did what every parent would do -- nothing. Go home, go to work. Baez puts up magnet reading "Who Smelled What?" he puts picture of people who said that.Then puts up magnets of people who didn't smell anything. Trash seemed plausible to these people. You have to have some reasonable doubt. A significant amount of people who did not smell decomp. Is it reasonable to think Casey would bury her daughter's body in back yard in broad daylight? Even brings up "heavyset neighbor" Baez says state is asking jury to speculate. Says again there is no proof. Baez holding up photo of trash from Casey's car and says it was altered and destroyed when it was dried out.
Baez says "they want you to know who cut the cheese?" when mentioning velveeta box. Really?!
Ashton can do his "little show" all he wants. JB: Issue with computers. Very heart of state's premeditation. How you were misled by them. This evidence will infect their case like a cancer, such that you will have no choice but to vote not guilty.
So during recess, it was found out that Cindy is sitting in her attorneys seat because a tall guy was blocking her view. Not because George despises her.
Lunch recess was delayed for more than half hour. All attorneys were in courtroom. Casey was not.
For some comic relief here is a video of Casey falling inside elevator in 2010:
Court is in session. Judge says, "We missed you Mr. Baez." Baez laughed and said, "Wish I could say the same." Baez asks Judge to tell Ashton to stop making faces during closings. Perry reminds everyone to NOT MAKE FACES!
Next phase is "State's Fantasy of Forensics." They hope to grab your emotions so you'll see something that's not there. They tried to get DNA, did swabs, but nothing. Want it both ways - stain when there isn't; maggots in trunk when only in bag. Stains in trunk for years. They want you to believe it's there- phantom stain, even though you can't see it. Desperation. Flies were only in garbage, not trunk. Fruit-fly type flies like type that are on doggie bag if you leave in car couple days. State gave us guess upon guess. No evidence of DNA or blood on paper towels. State wants you to fill in gaps with emotions and anger. Hardest thing to do is talk about maggots in this case. State talks about this because of a lack of evidence. *Ashton is trying to hide his smiles.* FBI lab most advanced crime lab in country. They're scientists, not advocates. That's why more testified for defense. To State, this is about winning a high profile case, not showing the truth. Baez puts a picture up of Karen Lowe and Stephen Shaw who testified about hair. Baez points out they found multiple hairs -only 1 with banding. Baez about state: "Let's throw it all against the wall and see what sticks."One week, chloroform; today, duct tape. *personal note about defense: one week George, the other week Kronk!* Baez says when he heard chloroform he thought it was a joke. Objection/ sustained Chloroform began with Vass. He said levels were shockingly, unusually high. "He's not a chemist." They only did qualitative analysis, not quantitative. Let's rely on this guy selling sniffer machine. Rickenbach testified very small levels *of course, they were testing different things.*
Baez says Dr. Vass isn't a chemist-but wants to be.Baez says sometimes he wants to be a racecar driver-sometimes he drives fast,But he's not. *Vroom Vroom* Baez says if you believe Vass, Rickenbach was lying to you then. Says the FBI chemists testimony contradicted Vass'. You have to consider lack of evidence and wonder why some questions not answered and why people hidden from you.
State spent whole rebuttal to prove Cindy Anthony liar. I told you that from beginning. *So if Baez knew Cindy is a liar why did he present her as a defense witness under oath???*
When Linda Drane Burdick questioned Cindy, she said "84 times you searched?" Fantasy forensics, stains, stickers, no real hard evidence. She's a slut , she's a liar. Let's make her pay with her life for stupid decisions - an accident that snowballed out of control. He slipped on his words- meant to say "truth starts here. Nonsense stops" but said "truth stops here." Decisions are life-changing, unchangeable decisions. This is reasonable doubt. If you don't know what happened, that's it. "The law will guide you." Phantom heart sticker not proven...outrageous. Young eager FBI analyst. Sticker nothing like ones at home. Isn't it odd a heart sticker on cardboard found close to a school. Baez rebuked for calling state "sneaky." *Judge Perry gave an order that attorneys should refrain from editorial comments and attacks of opposing counsel.* He moves on to Dr G: She told you she did autopsy on remains. This child had no broken bones, evidence of trauma. She sent out toxicological samples "trying to make this case fit," but everything was negative. Cause of death unknown. They wanna tell you it's a homicide without telling you how, "because I said so." Because not reported, body hidden, tape on face. He said Dr. G performed autopsy because it's a high profile case. UM NO! SHE"S CHIEF MEDICAL EXAMINER!!!!-IDIOT!!! *Prosecution should tell the judge to make Baez raise Casey's chair to normal level.* Person on street could give you same answers. They can't establish the cause of death. What they hoped for wasn't there. If that wasn't enough, had Dr. Schultz whose purpose was to make you more angry about how Caylee's remains treated. "Mr Fantasy Man" who showed you video with smiling Caylee and Casey with duct tape. Not evidence of how she died. Spitz, one of most respected MEs in country, found physical proof Caylee's remains did not decompose way state/Kronk said. That man (Spitz) I would tend to believe over others. (Objection/sustained.) More qualified than Dr G. Ashton didn't question him on science, on the facts. Wanted to know what police reports he'd read. Spitz told you when person dies of suffocation, discoloration in skull. Not in all cases, but it can happen. Why not open skull, why look through little hole when you can look inside to get whole story. Linda Drane Burdick taking notes as Baez says water moves duct tape around.
Defense's case is his next poster board. Now jurors see large pic of Cindy and Casey pregnant. Casey lies because of her dysfunctional family. You can't believe they didn't know. Only member of Anthony family who wasn't impeached was Lee. Lies testified to by George and Cindy clear. They took oath. *How stupid does he think the jury is that they don't realize Cindy was doing ALL of it to help position Baez was pushing.* State wants you to believe testimony for them was truthful, though. But you can't rely on it, he says. Creepy board of Casey's faceless imaginary friends now shown to jurors. Casey has issues and they've been there long before June 16, 2008. *This is dangerous, what he's doing about the lies. Making them sound even more incredible than state did.*
If you don't live in healthy environment, can go to all kinds of extremes - including going out, dancing. Baez says he's not proud of how Casey acted. Says he doesn't think anyone can justify her actions. But says it's not murder. At first glance, Casey's lies are nonsense. But when you look at whole pic, it's not. It's not right, but it makes sense. Baez says Casey loved that child * Casey mouthed "I still do" and had no motive. Says state theory of her wanting a new life is "outrageous" "nonsense" "She wants her freedom? Is that what you do to get your freedom, kill somebody?" * Yeah...ask spouses on death row.* Remember how Lazzaro said Casey had to stop Caylee running toward pool? Everywhere you look, signs. *Casey cries though most likely with all these visual aids, the jury can't see her* How much guilt would Cindy have knowing it was she who left ladder up, denial when she testified 6 mos earlier Caylee alive. He says he can understand why she'd still say Caylee alive 2 yrs later. Baez blamed Cindy for leaving ladder up and said if "they" were neglectful about door, prob were about ladder too. Baez says Melich never pursued drowning! WAIT A MINUTE DID HE NOT LISTEN TO THE INTERVIEW WHEN MELICH TOLD CASEY HE HEARS FROM MOMS WHOSE KIDS DROWN BY ACCIDENT!!!!!???? All LE interested in was evidence of murder - "nothing sexy about a drowning." They didn't care, he says. We uncovered something highly unusual - photo of Caylee opening door. How rare to have that? Proof she could get outside. * Cindy said the door was too heavy for Caylee to open!* You can't get anything better than that, short of a video. If that wasn't enough, we found pics climbing pool ladder. Photos of a year earlier showing Caylee getting up the ladder on her own are shown. You can discount Cindy Anthony testimony, but these photos don't lie. It is reasonable that Caylee could have drowned in the pool. This is what Caylee wanted to do all the time. These photos tell the truth. Reasonable hypothesis of innocence. State cannot rebut this, he says. Impossible. Can say all they want about chloroform, duct tape, but how did she die. It's the uniqueness of who tragedy happened to, he says. "These people are different. This girl is different."
Duct tape is talked about. No evidence of murder, child abuse, manslaughter. Improper disposal of a body is not before you, only most serious charges. Did you get clear answer from George about gas can/duct tape? Recall, George used duct tape at command center. Baez shows video of George and duct tape at command center. Tape is rare, he says. George said he didn't know where came from. He wouldn't even admit it was his roll of tape. Even denied location where video taken. Another slip up. said George Anthony "he can't lie at all" meant to say "He can't tell the truth at all." Baez talks about how he was shut down from asking George something. Another objection/sustained again. I impeached GA on testimony about gas can and tape (says at one point didn't put it on, another he did). Lying!" Here's photo (shows can with tape). Cops must've planted it? Why is he lying? becasue he knows he's only one with tape. Baez yelled at Ashton and pointed to him screaming "Whether it's this laughing man right here!" Ashton yells "Your Honor!" JP: SUSTAINED -Approach Bench.!
Ashton is now sitting on one end of the counsel table. He will no longer be in Baez's line of sight when he's doing his closing.
Court is at ease until attorneys see playback of that encounter of screams and the judge will handle it accordingly! Oh Crap!
JP:There will be no more sidebars. Whatever you have to say will be said in open court. Orders may not mean hill of beans to any of you. JA: I trust your judgment, don't need to see it. Mason still wants to see it. JP: They'll let you know soon as it's available.
JA: I appear to be smiling behind my hand. I was doing what I could to make sure my expression was not seen by the jury. I apologize. JB: I have no other comment. Emotions run high. I would not express that Mr. Ashton be held in contempt. All I request is that it stops.
Judge says he will accept apologies "for now" Judge says he will exclude any attorney who violates his orders from here on out. "Along with some other things that will be quite unpleasant" There will be no deliberations and no verdict today. Judge will instruct the jury in the morning.
Baez says duct tape only points to one person here.* He's talking much calmer now* Baez brings up how Anthony family buried pets. He calls it unusual or odd. "Except George had a little amnesia." Yet Cindy and Lee clearly remember.
Baez says he isn't suggesting George killed Caylee. He says no evidence of murder. Calls it "accident that snowballed out of control." One thing you can see in George Anthony. This man does not have an ounce of paternal instinct. * Wonder if JB has missed the times his client giggled at counsel table.* Don't know father who wouldn't fall on sword for child to protect her from jaws of death. Even Cindy tried. Lee resistant. He got on stand and didn't try to protect daughter. George cares about George and no one else. He thought it was funny to spar with me. George Anthony's displays of affection are not very genuine. Baez puts up picture of Krystal Holloway. He says she doesn't have a tumor. Now saying Cindy needing consoling instead of River Cruz; George lied about relationship with her. *Didn't his grief expert say sex is a sign of grief!*"George cares about George." Baez says he doesn't care about anyone else. Grabs suicide note calls it "self serving." It would have taken more than beer, blood pressure meds. George Anthony doesn't write Cindy Anthony"I need you in my life," as he wrote to alleged mistress. Casey was raised to lie. Is it a surprise she turned out this way? Surprise she has fantasy world, friends, lies this way? You got to see it on the stand, hear them change their stories. LE should've done more, looked elsewhere, not putting square pegs in round holes. They would've seen more to lies.
Baez: Map shown on board. Pictures of Dominic Casey, Jim Hoover added to board. Dominic Casey said psychic sent them per tip to Cindy. Cindy denied it. George said never asked him about it. Lee angered because started looking for dead Caylee instead of live one. Argued with Cindy about it. Where's the truth in all of this? Where? It's not in the forensics. It's not in their testimonies. Caylee found with no socks or shoes. She was at home when she died. Baez says the shorts she was wearing were too small. Reasonable doubt lives here. No drugs found in Caylee's hair. No soil matches from scene on any of Casey's shoes. * I wonder if they ever looked at the items Casey bought at Target and looked to make sure Casey still had these items.* No prints on tape, on gas can, laundry bag; no DNA on tape - degradation not enough to explain that. She's dumb enough to leave her child 19 feet from road but smart enough to outwit nation's best crime lab? He says this all adds to one thing- an accidental death. Baez puts pictures on board, puts pic of Roy Kronk and says the state didn't even call him. We never said Kronk packed up remains and took home. But he knew where she was & had control of it for at least 4 mos. These remains were hidden. He's saying Kronk lifted the felled tree and placed remains under it. Something is wrong here. Something very shady. Baez says reward was big motivator for Kronk. $255k is motivation. He told his son he found Caylee. Brandon Sparks had no reason to lie; completely impeached father. When Kronk was with officer, didn't point out remains b/c officer rude. Why not tell media, then? Something very shady. You can't trust the evidence, scene with all this going. Something is not right. Reasonable doubt living & breathing. You wouldn't have had this info except for defense - you can see it's clearly critical info to have in deciding case. No way you can say this case proven beyond a reasonable doubt, just no way. Various reasons why. Began with coverup and investigation and how it was carried out. Have to have abiding feeling of guilt and know how...you don't have that. Mr. Mason will show you charges and how to apply them. Thank you all for your attention, for keeping open mind. You're here to fulfill an oath. We ask you to render a verdict of not guilty on charges b/c simply not proven, not true. "All the fantasy forensics in world don't make it so."
CM:We're about to put on your shoulders the most solemn responsibility ever had to face. Mason relates parable from a friend about looming storm when people thought end of world near. If it wasn't gonna be end of world, speaker hoped to have a candle by which to work. On eve of 4th of July, very important things - constitutional rights and protections for each of us. After attys all done, Judge will read instructions to you. There will be questions asked. Even we haven't finalized. Again Mason says Casey doesn't have to prove a thing. Mason says you can get caught up in emotional rhetoric... And other things but must remember Casey doesn't have to prove anything. You must remember that for every issue you talk about in jury room, no matter what it is. Burden on state to prove elements. Your duty to make sure those rules are respected and honored through every stage of instruction. Every element of offense required to be proven beyond & to exclusion of every reasonable doubt - EVERY doubt. If state fails, like it or not, you are required to find not guilty. Applies to each and every element.
Mason says think about this when weighing testimony- Did they remember things? Did it agree with other testimony? Did witness lie? Court will tell you that you are the ones to weigh evidence, decide what's reliable, what's your skeptical about. You look for rules to guide you. Did witness have accurate memory, honest? We've seen issues about that last 6 wks. Did witness have interest in how case decided? Like being able to make money. Testimony agree w/other testimony/evidence? Witness make inconsistent statements? You have right to believe all or any part of any testimony of any witness. Mason wants to talk about the elephant in the room. He tells jury Casey decided not to testify in case. Casey Anthony took advice of counsel not to testify. I didn't try cases this long to know that's on your mind. But you took oath. Not necessary for defendant to disprove anything nor prove her innocence. Cannot view not testifying as admission of guilt. Mason makes argument that her statements weren't given freely, detectives yelling at her, in confined quarters. He then read off all the charges against her and explained what each of those charges meant.
*Extremely dragging this day along* Element to be proved - that Casey actually killed Caylee. All emotion and speculation in world doesn't prove it beyond reasonable doubt. Mason tells jury he never hear nor read any evidence of child abuse. He explained he reads off a screen because he is hard of hearing. Mason asks why would she kill her? Cause she wanted to party? Says she did that anyway. *Ughhh he 's repeating everything Baez said!* Mason is showing jurors a scale about guilt. Each level is a different degree. I close with this - you have duty. I've been doing this many yrs. I'm idealist, believe firmly in courts/jury system. A court is no better than each of you sitting before me. Only as sound as the men/women who make up the jury. Constitutional duty to find Casey Anthony not guilty because state has not proven her guilty.
Reporters in court saying Casey is crying a lot; attys trying to block her from view. Imagine very emotional time right now. Three long years, and her defense is done. Nothing left for them or anyone else to say/do on her behalf anymore.
JP: Some of you are doing fine and some of you are tired. I want all of you bright eyed and bushy tailed. I am making executive decision to recess for the evening.
Judge wants to complete charge conference. Says he needs 15 mins to read final copy first. Seeing as my legal correspondent, my attorney sister, told me that the Charge Conference is a long process and basically recaps what Cheney spoke about and merging charges together, I am making the executive decision to stop the blog for today. My sister will be watching and will call me if anything interesting happens. If it does, I will start a new blog. I expect, however, to be done for the day. Have a good evening and look forward to deliberations tomorrow!