The Darwin Exception

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Buckle Your Seat Belts…

Posted by thedarwinexception on May 23, 2011

Opening arguments in the Casey Anthony case are tomorrow!! Are you excited? Anxious? Indifferent? I am anxious – and more than a little nervous – mostly for the prosecutors. This is going to be a tough case to prove – especially since there is absolutely no direct evidence in this case, and there is going to be no way to prove when little Caylee Anthony died, or how.

There are several things that I am going to be anxiously awaiting tomorrow in opening arguments – things that are going to be very telling clues as signs as to how this case is going to proceed. I’ll list some of them for you – and ask What, exactly, are you looking forward to most tomorrow? What are some of the things you will be watching for?

  • 1. The First Minute of the Defense’s Opening Argument – this is going to be the promised “explanation” for what, exactly, Casey did for those 31 days when Caylee first went missing – and why she never reported her daughter as missing to any authorities. More importantly, even, than the explanation itself – is what this explanation is going to show us about the defense’s theory of the case, and whether or not Casey will have to testify to prove up and lay the foundation for what the defense’s theory is. Any statements of “this is what Casey did…” or “this is what happened….” is going to require Casey herself to testify to these before they can be considered as “facts” for the jury to consider when deliberating.
  • 2. Who’s Going Under the Bus? – Who will the defense point the finger at? Will it be George Anthony? Cindy Anthony? A combination of both? Roy Kronk? And remember, “Casey was abused” is not a defense -it’s only a mitigating factor in the penalty phase, if we get to that. And who, exactly will have to testify in order to shore up this argument, if it’s put forth? Will that be George and Cindy throwing themselves under the bus and conceding to a “bad homelife” in order to save Casey – or will it be Lee? Are the Anthony’s prepared for the defense to claim that George was the perpetrator of the crime, in order to plant reasonable doubts in the jury’s minds?
  • 3. Will it Pass the Smell Test? – The air sample test have been vigorously deliberated numerous times – so far with the judge denying each and every motion the defense has put forward objecting to their inclusion as evidence. But he seems to have drawn the line at the suggestion that the jury themselves actually smell the sealed tins containing the spare tire cover and it’s apparent “smell of death”. Will the prosecution allude to these samples in its opening arguments? Objections are generally frowned upon during opening and closing arguments – will the defense object? Will we have long sidebars and protracted rulings during opening arguments?
  • 4. “PTSD, Sexual Abuse and Unformed Brains” – Since the defense seemed to ask every juror what sort of mitigating factors the jurors would be willing to consider, it seems like the defense may actually concede guilt in order to save her life, hoping that the mitigating factors weigh more heavily than the aggravators. Asserting that the child was killed accidentally, though, would not answer the greater questions of “Why the duct tape” – unless they also argue that Casey staged the scene to look like a homicide rather than tell her abusive parents that she accidentally killed their granddaughter.

3 Responses to “Buckle Your Seat Belts…”

  1. Melinda said

    Not a doubt in my mind that Caylee died at the hands of her mother, but was it manslaughter or murder? Accidental death or premeditated homicide? The only conclusion I have been able to reach that points to homicide is Casey’s boyfriend at the time did not want daughters. He only wanted sons. Could that have been strong enough motivation for Casey to have murdered her daughter?

    Would love to hear your thoughts on this, Kim.

  2. Elizabeth said

    I think everyone is waiting for that all important first minute in the defense’s opening statment, as Baez has promised, that will explain away the 31 day period. Actually. there is NOTHING that will locially explain that….imho. And, when Baez is heard on open mike during a break during jury selection, telling his client she is acting like a two year old…..well…..

    I think George was going to be thrown under the bus and that was the reason for the defense’s motion to try to keep the Anthonys out of the courtroom as spectators and in the courtroom only when they were testifying. That way, would not know what was being testified to….unless they sat in the hallway…steaming it live on their computers! Maybe, with that defense motion denied, they may have to rethink their theory.

    Under oath in their sworn statements during their initial police interviews, I believe both George and Cindy were being their most honest. This was very early on when they didn’t have time to put their spin on the situation. In the civil depo, again under oath, they had very diffent stories. So…perjury??

    I think the trial may last longer than the eight weeks predicted by Judge Perry. And, I predict lots of sidebars!!

  3. tess said

    Jose Baez’ opening statement will be a highlight, no doubt. I try to imagine myself as a juror and the natural questions that arise. If he can’t explain why his client didn’t notify ANYONE in 31 days of her daughter’s “missing” status, it will be a very steep hill to climb. I can’t imagine my child missing for 10 minutes without panicking never mind 31 days. After reading some of the bios of the jurors, I have to wonder how some of them made it on the panel.
    You have to wonder if the parents will have it under control for the duration of the trial. Seems to me Cindy has a little self-control problem. Interesting dynamics for sure. Get some sleep, we need you sharp tomorrow Kim. I will have a Dr. appt. at 9am so I will miss a bit of it all.

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