Wednesday, September 21, 2011

The Baez Effect: Should Attorneys Be Permitted to Lie?

Poll Question:

Should defense attorneys be allowed to lie in court if it helps their client?  
Should Defense Attorneys Be Permitted to Lie in Court?
yes, cops do it
no, it perverts American justice free polls 

American justice does not consist of attorneys for defendant and state working together to uncover the truth of a crime, and coming to an agreement upon a punishment, ensuring the guilty against malicious prosecution. 

It has become a game between two combatants:  the State and the Defense, with the panel of jurors as the target of truth or propaganda.  

After almost 3 years of being unable to come up with a defense strategy that may hold up, the Casey Anthony defense team settled upon the lie of "accidental death", even though this would look foolish knowing that no client nor attorney would sit in jail for 3 years over an accident.  However, the defense theory would not be one of clarity, rather, it would be that to make the scenario as confusing as possible, including vilifying the grandfather, George Anthony, and making him a co-conspiritor in the case. They placed all of their bets on the least common denominator:  a jury unable or unwilling to patiently sift through lie after lie.  

Should a defense attorney be bound to truth?  Can a defense attorney simply walk before a microphone and say "4 sex partners in 3 days?" as a question in  a rape case; only to later say "I never claimed the woman (victim) had multiple sex partners; I merely asked a question" destroying the reputation of the victim.  Should an attorney be subject to escalating penalty, up to, and including loss of license, due to lying? Or, should the game continue:  win at all costs?

Casey Anthony's father said that he doesn't believe it's possible to reconnect with his acquitted daughter and that she should be held responsible for his 2-year-old granddaughter's death.
George Anthony told "Dr. Phil" host Phil McGraw in an interview that aired on Monday that after being accused by his daughter's lawyers during her murder trial of molesting her, he doesn't think a relationship is in the offing. He also said that he feels he was "played" by his daughter's lawyers over the past three years of the case.
"I do love my daughter, I don't like what she's done to this family," George Anthony said.

He doesn't "like" what she has done to "this" family softens the murder of one of the family members.  Note that it is not likely Caylee that George is speaking of (note "this" indicates closeness; Caylee is not close) but is likely speaking of himself. 
Cindy Anthony, however, said she hopes the relationship between mother and daughter can be mended and that she feels her daughter should have been acquitted.
She also told McGraw that her daughter's lead defense attorney, Jose Baez, invited her to his office for a private meeting shortly before the trial began because "he said that Casey wanted me to know how Caylee died."

Yet she withheld this for 3 years?  It's lack of sense alone reveals the lie. 
The girl was the focus of a wide-ranging search after her disappearance in June 2008. Casey Anthony told police that a fictitious babysitter had kidnapped the child. The 25-year-old told the same story to her family until the child's skeletal remains were found in the woods in December 2008 not far from the Anthony family home.
During the trial over the summer, her attorneys told jurors the child accidentally drowned in the family pool.
"When he (Baez) told me she had drowned in the pool and that Casey panicked ... I was hysterically crying and couldn't believe our daughter had put us through this and ruined her life," Cindy Anthony said.

Note that in order for this theory to work, George Anthony would have to be compliant, since he was home and saw Casey leave with Caylee on the fateful last day of Caylee's life.  Note that Cindy only addresses this aspect, the drowning, and not that George wasn't present.  In order for Cindy to believe the drowning, she must believe that either George is complicit just as the defense said; or that George lied when he said he saw Casey leave with Caylee.  The lies continue.   Recall that in order to be in "denial" one's language will not show willful deception. 

George Anthony, who wasn't invited to that meeting, said he thinks it was all an effort to manipulate Cindy emotionally and set him up the scapegoat for Casey's erratic behavior during her disappearance.
"I didn't believe anything," he said. "I didn't believe anything that the defense told me. I felt I had been played."

When did the defense tell him this, since he wasn't at the meeting? 
The Anthonys spoke with McGraw for a lengthy, taped interview that aired in three parts over the past two weeks.
Cindy Anthony said she never believed the molestation allegations against her husband, but wanted her daughter to be acquitted.
"I think (the jury) based (the verdict) on the lack of evidence the state presented," Cindy Anthony said. "... If I had been on that jury, I would have done the same thing."

Note that Cindy Anthony willfully perjured at the trial.  She did "the same thing" as the defense attorneys. 
A message left by The Associated Press with Baez was not immediately returned.
Casey Anthony was found not guilty of murder in July, but convicted of four charges of lying to police. She is somewhere in Florida serving a year of probation on a separate check fraud conviction. Authorities are keeping her whereabouts confidential for her safety.
Anthony's acquittal caused a national uproar, with people protesting their displeasure with the verdict both publicly and through social media. One of the defense's arguments was that some of Casey's erratic behavior could be explained because she was molested by her father, which George Anthony again denied.
"They had to put on a defense and they did that," he said.

How would you have answered the charge that the defense said you molested your daughter causing her to behave the way she did?  Would you say "they had to put up a defense?"
Cindy Anthony said the last contact she had with Casey was via Baez. He said she wanted to pass along "That she loves us and that when the time is right she'll talk to all of us."

It is likely that the defense planned to blame Lee and George, and that Cindy intervened and got them to only implicate George.  This family was not shocked but was part of the planning. 
She said she thinks her daughter likely has remorse about the allegations she made against her father.
"I think she regrets it, but I don't think Jose regrets it," Cindy Anthony said. "...But it's something Casey will have to live with for the rest of her life."

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