Sunday, July 3, 2011

Defense , Closing Arguments

This is an attempted word for word transcription.
Baez and Ashton are refuting what evidence can be displayed. State says they have 2 objections to defense's posters. Ashton is holding A poster the defense made called "Casey's imaginary friends" Burdick pointed out  that one picture has not even been entered into evidence.  State is objecting to the picture of younger looking Casey. LDB suggests her Sheriff's picture of her smiling. Judge Perry asks how old she is in this photograph. LDB suggested 8th grade. 
Fryer just asked Casey's parents if she will look at picture. Baez walks it back to Cindy.Cindy states Casey is 17. in the picture in question.  The pic was from 2001.  No jury. They haven't been brought back in yet. Judge says the picture "distorts reality" the defense is replacing the picture of Casey Anthony.
State's closing arguments was one hour 17 min minutes -Judge gave each side 4 hours. the defense is running around trying to change the picture that is unacceptable. 
Judge Perry is instructing the gallery that once he starts jury instruction no one will be permitted to leave the courtroom.  No one will be permitted to enter.  The judge does not play.
The jury is brought back into court.  Casey is biting her lip.  She has been crying off and on. it is important to note the defense does not have to offer any  defense. They do not have to prove anything.

Baez will be  giving the closing arguments, Baez thinks that jury and notes their we are at the end of our journey.  And I have to tell you that you have one of the hardest jobs.  If you recall, that opening statements, the final thing that I told you at the end of the day when everything is said and done.  The one question is the key question in this case will never be answered.  You can never be proven.  And that is, how did Caylee die and that is why were all here.  There is no dispute that Caylee has passed on.  The key question, as it relates to all manslaughter, child abuse and murder charges is how did she died.    That has never been shown. 
This is my last opportunity to speak with you.  After I am done,  Mr. Mason will stand up and cover the jury instruction.and the law.then will have one last opportunity to speak with you are generally this is our moment.  This is our opportunity to show you were to explain to you, what we think the evidence showed in this case.  The state after we are done we will then be able to get up and have what is called a rebuttal.  This is the hardest .4 defense lawyer because I can never come back up every spot and the reason it has done that way is because the state has the burden of proof here.  So they get the bat last opportunity.  They have the burden of beyond and to the exclusion of every reasonable doubt.  Which is the highest standard in American jurisprudence.  It is the highest standard that must be met.  That is why they are afforded that opportunity to have the last word.  It was not because we toss a coin, and they want.  It is because it is they are burden.  And you will recall when I told you in the very beginning when we did the jury selection and had the unique opportunity to speak to each and every one of you individually.  I told you it is not a two-sided affair of the state that only erred in that while the defense to put on a case and get put on evidence and testimony it was never required to do so.  We could have sat back and not question one single witness and do absolutely nothing to the course of this trial, and it still would have been the burden of the state of Florida to prove every element in every charge and you will recall when we talked at jury selection.  We talked about elements and what they mean.  Mr. Mason is going to come up and give you a little more detail as to that.  But that is the same burden.  Beyond and to the exclusion of every reasonable doubt.  And it has done that for obvious reasons.  We are here for serious matter and.  You all left their homes to calm and resolve a serious question of fact.  And if you were not given the facts you need your guidance will be the law.  The law will guide you as to what your decision and what is legal.  And just decision Judge Perry will tell you that what is important is that you follow the law.  We all have laws.  We all have lived by these laws for many years.  No one has the right were deliberating to base their decision on a motion.  Now what I would like to talk to you about and how I have broken down my final remarks you.  I am going to start with, my biggest fear.  I am going to tell you right up front what I fear may happen.  In this case, I want to talk to you about it and explain why I feel bad way.  I want to than outline state's case.  I want to talk about a piece eyepiece.  My presentation will be a little bit longer than Mr. Ashton's because I want to actually show you what I think the evidence showed.  Now you are going to have to rely on your recollection of the evidence was presented.  It is true.  What we say is not evidence.  But if the guy to look at the evidence from a certain angle, and certain perspective.  There were lots of delays in the trial.  There were times when he went outside.  There were times objections were raised.  What you have to look at the evidence by was what actually was testify to.  Sometimes they came out a little odd.  The kind that can come out with as much cohesiveness.  The present presentation was not as fine as we would have liked it to be.  I certainly know that was the case with us.  But the problem is, this is the purpose of us coming up and talking to you.  To show you we think this was a connection to this.  We want you to pay attention to the fact because of this and want came on later on.  Try and tie it and piece it together for you and say yes.  I remember when that happened.  When that happened I was not sure what that meant.  Now that you have explained it I understand your point.  That is the purpose of what I am going to do when I talk about the state's case.  The number to talk about the defense's case.  A presentation that we put on, even though we were not required to do anything even though the law says that the defense has no burden and does not have to prove anything.  Then after that, as I mentioned Mr. Mason will get up and explain what charges are and explain what must be proven.  And also explained the judges instructions to you and how to apply it to the defense's case.  How they apply to the state's case to try and give you an understanding.  We realize while you are all very educated people, you are not skilled in the area of the law.  So this is something that will want to use to assist you in that regard.  And finally I will have my last remarks that I think are something that are points that you should all still consider before we sit down.  As a mentioned, this is going to be the toughest time when Ms. Drain-Burduck goes up.  But I had to understand why.  Now let me start with, my biggest fear.  And that is that this case deals with so much emotion.  I know there were times in every single person in the year felt something deep down inside.  The lot is a guidance as to what we should do when it comes to emotion.  That is jury rules of deliberation.  What the law, is it that this case must not be decided for or against anyone because you feel side for anyone.  Or are angry at anyone and that is because obviously we want you to base your gaze verdict on evidence, not on emotion.  And while there were times where motion was directly pointed at you.  Where things were done to draw into your emotion.  To get you angry at something.  To get you to discriminate against someone because they did not act the way they should have acted they did not conform with what you think is right or normal.  They are different here and that is not what the law is.  The law says you must base your verdict on the evidence.  Not emotion.  It is my biggest fear, because it is such a difficult thing for you to push aside Caylee Anthony was a beautiful sweet innocent child.  There is no doubt about it, that is not spewed high anyone but to parade her up here.  To invoke your emotion would be improper.  It is improper under the law, and it is improper as to the rules of your liberation.  Next to you that that the strategy and the way that they presented this case.  They started with the new start with Mr. Ashton's are marked to you today, because they are more raised most recently in the mine.  Mr. Ashton started out showing a video of little Caylee started talking to you about parenting.  Started talking to you about what a mother should and should not do.  He went on for great link of time talking about this beautiful child.  Not on his evidence not on evidence that was presented before you.  It was a set of the emotion for what is to come.  And that is exactly how this case was presented.  They did not come right out the gate and show you the evidence.  They gave me two weeks of testimony that was completely irrelevant and served only on that purpose.  That was the thing Casey Anthony as a slut as a party girl as a girl who lies and has absolutely nothing to do with how Caylee died.  And you should does honor the backlog even Caylees memory if you were to base your decision on anything but the evidence.  And to use emotion to get you angry, is improper.  Here is the proof.  Perry will reject you.  It is rule number three.  But I ask that you make this rule number one.  The state came out and paraded all of these people.  But that was unique to that process, everyone kept coming back with the same thing.  Casey was a good mother.  Caylee love Casey.  What is funny is I wanted to you all to see something.  You may have wondered why and certain questions.  I asked many of the questions to how became the react to Casey, because I thought it was important that you understand that.  Of course a child cannot fake this.  A child cannot fake love.  A child knows what it love someone.  It behaves a certain way.  I brought these both questions out and I answer both angles.  How to Casey treat Caylee, and vice versa.  What this did was.  It was not to appeal to your emotion.  It was specifically directed at the child abuse charges.  We were here for a couple of months, six weeks as Mr. Ashton pointed out, but you did not hear one single instance having anything to do with child abuse.  Not one.  And this prosecution was geared in such a way that it was deliberate.  It was a methodical.  It was thorough.  It was detail.  You saw during those 30 days, every moment of where Casey went and every single thing she did.  If there was one instance of child abuse.  You should have heard it.  You would have seen it.  You would have been able to.  It would become clear.  If you look at these child abuse charges.*Self.  When does someone get on the stand and tell me or demonstrate in any way that Caylee was abused.  Child abuse cases are sad, and they are one of the most horrible crimes imaginable.  One thing is for certain.  If there is an abused child we would know it.  You will see bruises.  He will see different things about that child.  They will see there will be broken bones at times.  It will be different instances.  There was nothing other than the fact that this child was loved and well taken care of.  And from one moment to the next something happened.  Something changed.  Something changed that will change the lives of Casey Anthony.  And something forever changed that ended the life of Caylee Anthony.  It was sudden.  Not deliberate.  Not premeditated.  But something from one moment to the next.  You have to rely on the evidence.  What came forward.  What was put before you.  I agreed with one statement, Mr. Ashton said.  You cannot speculate.  I am speculate.  Do not guess.  It has to be proven to you.  Beyond exclusion of any reasonable doubt.  If you do not know what happened it was a proven.  They do not want you to tell us what you think happened.  We want you to tell us what was proven happened.  That is the difference here.  You know, what we can go on and speculate all day long.  As to the different areas that were polls before you answer the different possibilities.  But it truth of the matter is, it must be what was proven.  It was no mysteries to solve here.  There should be no mystery before you right now.  If you have questions.  And it was not proven.  And that is as simple as it goals.  It is as simple as it gets.  Because that is exactly what is done.  Now you have seen this checkbook or execution.  They spared no expense.  Utilize the finest crime labs in the country.  The FBI laboratory.  But yet with all the resources they they used that only est. areas are for and six science or created new ones.  Ones that never testify before in front of a jury.  You are the first jury ever to hear some of the evidence in this case.  This type of evidence error evidence.  The very first.  You are the first ones in the state of Florida.  Florida to ever hear about hair banding evidence.  You are the first ones in the state of Florida.  Ever to hear a trainer testify about his dog.  You are the first one to ever hear any of the types of evidence.  That is what I told you from the very beginning that this was that this prosecution would raise the level of desperation to make you clean to make up for the lack of evidence.  Now back to what I was saying with their initial setup.  The way the case was presented.  The first couple weeks.  You see the strategy behind that is if you hate her, if you think you have a lying flood that will start to look at his evidence in a different light.  You will start to wait a minute.  Maybe I am seeing something that is not there and start to actually discriminate against or, rather than give her the standard that is afforded to each and every citizen in our country.  That is that the state government, coming here and prove their case beyond exclusion of any reasonable doubt.  But you can get away with that if we can get a jury to hate her.  We can get away with that, if we painter in a certain light that has nothing to do with the evidence and more to do with who she is.  I told you at the very beginning of this case that this was an accident that snowballed out of control.  While it was a very common accident.  What made it unique was what made it different is not what happened.  But who it happened to.  It and all you sat here and saw some bizarre things throughout the course of this trial.  These are things going on long before Caylee was ever born.  And throughout her early life.  You solve all of these things.  This is not stuff that is new.  There is something wrong here.  Something not right.  That is what makes this post death behavior relevant.  It explains it.  But at the end of the day is irrelevant to the number one question that you walking here to answer.  How would did she die.  I would jump and piggyback off of what Mr. Ashton said and as you are not to speculate as to the fact.
Now I want to start with the car.  Okay?  What unique about the card is again, what I told you at the very beginning.  The car does not shed any light on how Caylee died.  And I told you all it will double the length of this trial.  If not triple, and I think I showed you that ended up to be true.  All of this discussion that came around with Enid, irrelevant evidence ended a bean poles with the car.  I say that because of this.  What the car does is tell you how Caylee may or may not have bid transported. It does not explain how she died in any way shape or form.  You may be asking why did you spend so much time fighting.  What we were able to allow the state to put a square peg through a round hole.  That is that.  Because that they are just the questions as they are our answers relating to the car.  Who would have possession of it all the time.  Did Casey?  It was testimony that came out.  Was that he was in the trunk of the car.  At the end of the day we come back to does it tell us how she died?  Null.  We all know Casey acted inappropriately and made some mistakes and bad decisions.  She should have called the police.  She should have not attempted to block this out.  She should have reported her daughter daughter's death.  There is no doubt about that.  And that question was never contested.  The issue was never debated.  But if there are crimes associated with those acts.  The state of Florida has the ability to charge her with whatever crimes they feel those acts were not.  You do not have the right to overcharge or inflate a case.  To make it something it is not.  Just because it is entertainment.  Just because everyone should know.  Just because there is a mystery.
You were tons and tons of evidence of how this case the evidence of how this case, the media and the way it all came about.  I would influence people's actions, decisions and bold sides.  But we cannot lose focus of what it actually.  What actually occurred.
I want to start off with the issue of the car.  Baez is showing a calendar.  It is June and July 2008.  Now I use these boards during my opening statement explain certain things I think going back to them.  What kind of help you with a timeline of Ames.  You are were called that on the 27th.  Actually, you will recall Caylee was last seen on June 16.  According to George Anthony.  Her testimony of George Anthony.  Now I will remind you that the indictment reads from June 15, not June 16.  This is very important for you to consider.  That raises the question does even.state of Florida believe she was last seen?  Indictment itself is not evidence.  It is charged in a way that says between objection sustained.  Let us move along look at the indictment look at all the instructions.  You will recall Tony Lazarro testified that he was a young man that was dating Casey.  You will recall that on 20 June.  Casey ran out of gas, and Tony went to the apartment to Tony went to help her get gas.  They went to the Anthony home in the back of the in the back yard.  There is the shed where they got the gas cans.  From your recall his testimony and his testimony was clear.  When they went to pour the gas Casey did not walk away Casey did not say hey do not get near my trunk.  In fact, they poured the gas in the car.  They opened the trunk.  And she put the gas cans in the trunk of the car.  She could have easily put them in the front seat.  She could have done whatever she wanted.  She could have told them go away.  I have got this.  She could have never got assistance from Tony Lazarro at all.  If she had a body.  As suggested by the state in the trunk of the car or if the smell had been there.  This young man would have smelled it.  Member he put up with his aunt and went like that and said, it is right here.  You seen pictures of the, the kit car, the gas gauge the place where you put gas in the gas tank is right next to the back of the car.  Why did not you smell it?  What happened there?  There is a reason for that.  That is because the card and smell at the time.  That is the only logical conclusion.  You also remember a young lady by the name of her radio kits.  She was a very attractive girl with glasses, one of Tony's Lazare rules roommates girlfriends.  You may not have noticed the bombshell that hit.  When Mr. Jordan asked her about every getting in that car.  He got an answer.  He did not expect.  That was gas, I was in Casey's car.  And was it during the time she was living with Tony?  And she answered yes.  But remember, they all went to McDonald's.  All four of them in that car.  Paris and her boyfriend sat in the back seat, and they did not smell anything.  But it truly years later it still smells and all of these people are smelling this smell.  Why would not smelled that bad when it was most recent?  Why is it not smelling to these people?  Are going to get into who smelled what.  Take that into consideration when we look at this.  And you recall the incident with the gas cans.  That was reported missing to the police on June 24.  I labored over these gas cans throughout this trial because think the issue is obvious.  Who in the world reports, gas cans missing?  Not even the state of Florida.  How may times the United States has someone called the police and said someone stole my gas cans and why is that tape on air?  And why are there so many lies?  Surrounding the gas cans and the duct tape?  It is not a coincidence.  Its sole, you would be an incredible coincidence.  You could have its worst than the lottery.  That is how bad it is.  Then the car is told on the 30th.  You recall Mr. Simon Birch testifying after four days.  It sent out their notice.  So what happened is entire week in wine.  Did Mr. Anthony Waite until the 15th to pick up the car?  Why?  Remember this fact.  Mr. Birch said, when George Anthony went to pick up the car he showed up with a gas can.  He knew the car was out of gas.  In an important and even more important fact you should remember not only did he know he was out of gas.  He knew that the car had been there for four days.  Remember that he has said Mr. Anthony told me it was there for three days.  And I asked him, would you have known it was there for three days in November as told people we just copied that the total yards.  We should have know idea how long they have been at a certain place.  But he told us they have been there three days.  Even though Mr. Anthony heard the testimony he got up here on this planet that I call when I got to work.  I found out that it was there for three days.  When I got to work.  And I asked them, did you call Mr. Birch to let him know it had been there three days?  He said no.  How in the world did Mr. Birch know that the car was there for three days?  He knew because George Anthony told him.  George Anthony knew it was there.  He knew it was out of gas.  He showed up to pick up Dakar, with his key.  We got there.  You all remember he smelled the smell of death.  He smelled a smell, you never forget.  Of course he did whatever he responsible parent would do.  That is nothing.  Just go home and do to them go to work.  Nothing here, you do not call to find out if my daughters alike.  Who I have not seen since 24 June.  I do not call to find out if my granddaughter is alive.  Since I have not seen her since 16 June.  And joining of those things.  That is because I wanted to distance himself from this situation and he knew.  There is evidence of that.  I was all presented to you.  He knew something.  He knew she was dead.  This evidence does not make sense.  If the state of Florida had done as much work trying to track comings and goings of George Anthony as they did case the.  You probably would have seen more.  You probably would have more answers, but you do not.  Now, July 15, comes around     
Baez goes over who will speak for closing arguments. Baez instructs the jury that the state has the burden of proof.glycogen comes around as Mr. Ashton points out.  All hell breaks out.  Now we take a look at who actually smelled what in the car.  You have CSI testify, depending who was asking the questions, human decomposition.  When I was questioning him.  Decomposition went back and forth.  The deputy and his dog is advised this was the suspected vehicle.  You might recall we did this mall thing where I had each and every person who witnessed the dog inspection.  They all said there was only one car.  The deputy lie to you and told you there were two cars.  If you believe and you have to believe Jerry Yuri Mallette.  Benson was lying to you.  Michael Vincent, the other CSI person who will said he smelled a dead body.  Will get into another later.  Cindy Anthony or 911 calls.  So because this was her third call and she wanted to get the police there quickly.  Simon Birch, who runs the police told Lott, toll yard.  You may recall Mr. Birch did not make his statement until nine days later, when it was broadcasted all over the news and in fact reference to news reports during his statements to police.  You have George Anthony, who did a great job pointing out to Mallette on the first night he arrived.  Of course you have Dr. Neil Haskell, who got paid $40,000 intimate entomologist who explains several theories.  How would did not smell.  Sanchez, the manager of the toll yard and Scott check cashing place where she was.  During the call, she said she smelled garbage.  Tony Lazzaro who went and got gas cans for Casey Anthony and was right near the trunk on the 20th.  Jerry Beasley, a police officer who packed up the car and took it to the yard.  Maria, the girl I spoke about earlier, who sat in the back seat with her boyfriend.  The sergeant said something.  There is a missing child.  He got the home.  He is hearing lies.  Did he did not think it was sufficient to call crime scene investigators.  Why?  Because the trashing like a plausible alternative.  It was understandable.  It crashes in the car for three weeks.  That is probably the source of the odor/ the W. Bank C. he did not smell a thing.  Yuri Melich, advised by Anthony but did nothing.  Random Fletcher, a corporal said he did not smell anything came in out of the garage and Dutch romp was open.  Adriana Acevedo, another police officer over there, who said she did not smell anything.  I know you heard a lot of evidence about the smell of the car.  When you look at once.  Casey is arrested, how many people, you have to eliminate.
You did not do anything.  Cindy's explanation of the reason why she said that.  At the least one person.  Even if you look at all these people and give them the credibility they deserve you still have an abundance of people who will did not smell something.  If there is reasonable doubt when you have this many people.  This many people telling you a certain thing.  You have to have some doubt.  This is not one individual like her boyfriend.  Was trying to protect her.  These are a significant amount of people from various backgrounds who have no interest in helping Casey Anthony.  That is what you may consider this.  That is why you may have a reasonable doubt as to who smelled what.
Now, the state of Florida talks to you and presented to you, a neighbor by the name of Ryan Berner.  You may recall this as the individual.  He was a heavy set guy who came up here and he testified about Casey Var or winning a shovel.  Now if you think about Mr. Berger's testimony.  You may recall that the police told him to close his eyes and try and remember the day.  That is all occurred.  You recall that Mr. Berner did not see what was done with the shovel.  You recall the shovel was Baral 45 minutes.  You will also recall he came Casey came back and was not sweaty.  What the state wants you to believe is that Casey Anthony in broad daylight Barlett is shovel.  Even though they have four or five of them in their shed and buried her child in the back yard.  Is that reasonable?  How does that even pass muster at all?  Now I think what may be my colleagues response was, well look at all her actions.  They are not rational.  I would agree with that.  As to Ashton said very interesting bury her like she buried their pets.  Okay.  We will get back to that in a minute.  I would like you to remember that.  Okay.  I speculate now.  That is what they are doing.  They are saying, let us go speculate as to what happened with the shovel.  You can easily speculate that Casey took at shovel, and try to open up the shed lock to get the gas cans.  You can easily speculate.  She was doing what whatever with that shovel.  But the shovel was tested.  That shovel was inspected by the FBI, and we brought you the evidence forward.  Not the state of Florida.  We had the people from the FBI was spec is shovel, and there is absolutely no evidence no DNA know here is no soils that match the actual scene.  There is no evidence of that.  So let us just speculate, shall we wish to mark.  That is not probable.  That is not the law.  That is not your job.  But yet that is what they want you to do.  That is what they are asking you to do.  Now, you saw tons of testimony about the trash and garbage.  I cannot count how many times I brought this up to you and show it to you and said today.  I took a look at this.  I brought it to you because I think what is important here is remember the evidence is change.  The eminent evidence was altered, whatever evidence could be used to exculpate Casey was destroyed.  Put in a dry room.  You do not want to go, they are.  All you know is that is they want to drag it out.  Your past Velveeta cheese with the fingerprint dust on it.  They wanted to know who cut the cheese.  They do not want any other evidence to come out as to what trash was in the car.  Mr. Ashton can do the same on one's N. shows you the garbage and  say there is this spit in there.  You can say where is this.  Could this create any smell?   we can see this bit and they are.  Where is this?.  Could this create any smell?  Of course anything can it was altered.  Was too strong.  That is not what are police officers job is to do.  That is not what crime scene investigators should be doing.  They should be preserving evidence.  Documenting photographing, you can make intelligent and just decisions.  So you can have evidence you need to carry out an answer questions as to what was in this bar bridge.  What chemical compounds could come out of it.  They went out and did the air test.  Six weeks later from this.  How absurd.  How outrageous.  How unjust. can that be?  Now one of the things I will point out to you in much more detail is a issue of the computers.  I will get into the detail of the state.  The very heart of Bayer premeditation as they call it having to do with what you heard in how you word displayed in a certain direction.  I am going to get back to this when we covered that evidence.  But this evidence will sell ineffective quality of the case.  Like a cancer, you will have no alternative but to render a verdict of not guilty.  Judge I think this would be a good stopping point.  Judge Perry>OK ladies and gentlemen of the jury reported to recess for lunch at this time.  Remember do not discuss his case among the cells or with anyone else, any additional instructions of a behalf of the state or the defense okay be in recess.  

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