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    Anthony trial: Lack of evidence or good defense?

    ORLANDO, Fla. (AP) — Prosecutors proved Casey Anthony was a liar, but convinced the jury of little else.

    The government failed to establish how 2-year-old Caylee Anthony died and they couldn't find her mother's DNA on the duct tape they said was used to suffocate her. There was conflicting testimony on whether the putrid smell inside the family's car was a decomposing body or simply trash, and it was never quite clear why chloroform was so important.

    The lack of evidence and the doubt raised by the defense — that Caylee accidentally drowned in the family's pool — was enough to win an acquittal. After a trial of a month and a half, the jury took less than 11 hours to find Anthony not guilty of first-degree murder, aggravated manslaughter and aggravated child abuse.

    She was convicted only of four misdemeanor counts of lying to investigators who were looking into the June 2008 disappearance of Caylee. She lied about being employed at Universal Studios. She lied about leaving Caylee with a baby-sitter, then again when she recounted to investigators that she had told two imaginary people that Caylee was missing. She also lied about receiving a phone call from Caylee the day before she was reported missing.

    Lead defense attorney Jose Baez was criticized by many legal pundits for his strategy and loosely throwing around allegations of molestation and incest. Baez suggested early on that Casey's father, George Anthony, helped cover up the drowning and sexually abused his daughter, accusations the father vehemently denied. Baez also claimed Casey's brother might be Caylee's father and that a meter reader who discovered the girl's remains may have moved them, more allegations that weren't substantiated.

    Ultimately, though, the burden of proof wasn't on Baez.

    "I don't think it was Baez' great lawyering that won the case," said Richard Rosenbaum, a Fort Lauderdale criminal defense attorney who closely followed the trial but wasn't involved in the case. "I think it goes back to the prosecution and the weaknesses in their case."

    Kendall Coffey, a former U.S. attorney for Miami and now a defense attorney, said Baez had to offer an alternative to the prosecution's theory of how Caylee was killed, though he was less impressed with the molestation accusations.

    "The biggest questions were the 'how' and the 'why,'" Coffey said. "Even the state acknowledged they weren't exactly sure of how Caylee was killed. That was a candid acknowledgement, but Baez seized on that."

    Orlando's chief prosecutor said his attorneys were disappointed with the verdict but they presented every piece of evidence that existed.

    "This is a dry-bones case. Very, very difficult to prove," said Orange County State Attorney Lawson Lamar. "The delay in recovering little Caylee's remains worked to our considerable disadvantage."

    Shortly after Lamar's news conference, one of the lead prosecutors on the case, Jeff Ashton, announced he would retire at the end of the week following 30 years as a prosecutor. A spokeswoman for the prosecutor's office said Ashton and Lamar had previously discussed his retirement.

    The six-month gap between when Casey was reported missing and when her remains were found in December 2008 affected the amount of scientific evidence investigators could glean from the pieces of bones, some as small as a pebble. And prosecutors didn't have any evidence that put Casey at the scene where the remains were found.

    There was also confusion on why chloroform was so important. Chloroform is a chemical compound that can be used to knock someone unconscious and also is found in human decomposition, but prosecutors never made clear exactly what its role it played in Caylee's death.

    Prosecutors said Casey searched for the term "chloroform" on the family's computer, though when her mother, Cindy, took the stand late in the trial, she said she searched for it. Later, job records indicated that Cindy might have been at work when the searches were made.

    Then there was the smell test. After prosecutors presented an expert witness who said that a carpet stain taken from the family's car trunk had a smell consistent with a decomposing body, the defense called the expert's former colleague who testified to the opposite.

    Baez addressed his naysayers during a press conference.

    "This case has brought on new challenges for all of us. Challenges in the criminal justice system, challenges in the media, and I think we should all take this as an opportunity to learn and to realize that you cannot convict someone until they have had their day in court," he said.

    Yale Galanter, who has represented O.J. Simpson in a number of cases since 2000, said he was not surprised by the verdict.

    "The issue is there was absolutely no evidence linking her to the death. None," said the Miami lawyer. "So what the defense did was brilliant, they brought up the drowning, they brought up the sexual molestation, and it really got the jury to focus away from the bad behavior of the mom."

    ____

    Lush reported from St. Petersburg. Associated Press writers Laura Wides-Munoz and Kelli Kennedy in Miami contributed to this report.

     
     
    Top Locations Atlanta

    13,342 comments

    • Cougar1971  •  10 mths ago
      If my daughter were to come up missing I sure as hell would not wait a MONTH to report her missing. Everyone in my neighborhood, city, county, state and all states surrounding would know my face as I would be on everyones door searching for her. And that is only minutes after she would come up missing. My daughter is my life! As any child should be for a parent.
      • Beth D 10 mths ago
        well just wait til she has another kid and she does it again wheres the justice for CAYLEE there isnt any for that poor ;ittle girl...... and that iss sad
      • Richard 10 mths ago
        She didnt report her missing because she new she was dead not missing...
      • Aleisha morrison 10 mths ago
        Amen to you Coug!!! I'm waiting for the moment where she actually confesses the truth... I know it'll be down the road after everything is all said and done they all find God and come clean.
    • Carol R  •  10 mths ago
      she got off for now
      • bud 10 mths ago
        She can not be retry for this period.
      • Jolene 10 mths ago
        It's done, it's over with. Even if she confesses she did it and gives details, she can NEVER be charged on this again. In the end Casey is going to make big buck on books and movies, all for being a liar and a killer.
      • Flower 10 mths ago
        for now...but it'll catch up with her. She's the one that's going to have to live with what she did for the rest of her life.
    • Garrett  •  10 mths ago
      I hardly think "accidentally" drowning happens with TAPE covering your mouth! What a bunch of bull.
      • Jackie 10 mths ago
        And she was found in regular clothing...NOT a swimsuit. Yes Garret, that verdict was a bunch of bull!!!
      • None Yobiz 10 mths ago
        It make sense if you are trying to make an accidental drowning look like someone else did it.
      • Toast 10 mths ago
        buutttt that still doesn't prove that she did it. That was the problem. The prosecution failed because it relied on CHARACTER rather than evidence. Its just not a good idea
    • A Yahoo! User  •  10 mths ago
      State Attorney hit the nail on the head when he said that the delay in the finding of the body worked to their disadvantage. If they had went out and searched where Roy Kronk told them where the body was they would have found the body four months earlier and Little Caylees body would have shown more evidence of what happened instead of only having her skelton to work with. Law enforcement blew this case. .
      • little_woman_500 10 mths ago
        YES THEY DID.............................
      • BT 10 mths ago
        It should have made no difference in the conviction - it would have just made it easier.
      • Wrongly Convicted 10 mths ago
        No difference my ass, it may have revealed a cause of death. law enforcement failed on this area somehow
    • John  •  10 mths ago
      People have wondered how Casey Anthony can live with herself after murdering her daughter. They miss the point about who Casey Anthony really is. She is a narcissistic sociopath whose fundamental personality trait is she has no conscience. Caylee's death has no meaning to her except to the degree it puts her in jeopardy.. Now that the threat of imprisonment or execution has been removed Caylee has no meaning to Casey at all.
      • Server Error 10 mths ago
        You have no idea what you are talking about....apparently you learned a few big words and now you think you know how to use them. Too many people like you in this country.....our "founding fathers" would turn over in their graves hearing comments like yours.
      • A Yahoo! User 10 mths ago
        no justice for caylee casey will live with what she had done for the rest of her life
      • Elizabeth 10 mths ago
        Server Error... you have no idea what you are talking about. Anyone with a brain can see that Casey is a textbook example of a narcissistic sociopath whose fundamental personality trait is that she has no conscience. These are not big words. It's not difficult to understand. I agree with John.
    • Mike D  •  10 mths ago
      If finding the remains of the child near the GRANDPARENTS home and her mother goes on with her life like nothing has happened, is not considered child abuse ..then what is....this is a travesty of justice...
    • Heather  •  10 mths ago
      This is a total outrage. I want to know how the jury can sleep at night. An innocent child is dead & her killer walks free. I don't care what anyone says, if you are not guilty, there would be no reason to lie. why on earth would you let a whole month go by before reporting your child missing.there are way too many questions here & none of them look very good for Casey. I am appauled at what has taken place in that court room. Another killer goes free.
    • LA8028  •  10 mths ago
      My only hope is that in the here after she comes face to face with her daughter
    • BigPerm  •  10 mths ago
      So the moral of the story is, if you feel like killing your kids, but you don't want to be punished for it, do it in Florida.
    • Cee  •  10 mths ago
      Wow..........for real?
    • slconfidential  •  10 mths ago
      This woman is toxic and anything she touches will be also. Men need to stay away from her or you might be next.
    • Granville  •  10 mths ago
      I worked the police for twenty seven years do I think she was guilty yes. Did they prove she was guilty no? This is what happens when a case does not go for a probable case hearing; instead the person is indicted by a grand jury where only the prosecutor gives evidence. The prosecutor projected himself as an %## he became the target of dislike no the defendant.
    • Live Laugh Love  •  10 mths ago
      When Casey Anthony stands before the Lord to see her life in full, she will then see the crimes that she had committed.
    • Ashley  •  10 mths ago
      Dear Mommy, I see you smile down there below, why are those tears of joy you show? I'm glad you're happy, although you lied, I'd still love to be smiling right by your side. Tell my grandparents I send my love. It's beautiful here, that's all I can say. I'm happy your life will go on without me in your way. I'm glad you get to walk free. Just remember sooner or later, there will be justice for me. Love Caylee.♥ R.I.P BABY CAYLEE N GIVE IT TIME U WILL EVENTUALLY HAVE UR JUSTICE SOMEWAY SOMEHOW
    • Caroline  •  10 mths ago
      There wasn't a lack of evidence but rather a lack of common sense. 'Reasonable doubt' does not means 'Every possible doubt.' Shame on the jury of fools.
    • CAVS FAN 4 LIFE  •  10 mths ago
      Please explain to ne why your child can go missing for 31 days and you as the parent do not report it, and its not child endangering, child neglect, child abuse....? and though she was found guilty of lying to the police.....WHAT THE HECK DID SHE LIE ABOUT, BESIDES EVERYTHING THAT HAD TO DO WITH HER DAUGHTER'S DISAPPEARANCE!!!And if this was a so called accidental drowning, when was her mouth duct taped before or after the drowning.....? The law.....WHAT ABOUT THE LAW OF COMMON SENSE, IF IT DOESN'T SOUND RIGHT OR MAKES SENSE THEN ITS NOT TRUE!!!!!!!!!!!! That poor baby, Lord may she rest in your Loving Arms for Eternity.....
    • Eric  •  10 mths ago
      I served on a jury once in a criminal matter and we aquitted. We all thought the defendant had possibly done something yet there was not any proof to convict so we did the only thing we could and came back with a not guilty verdict. Looks like this jury did the same
    • blindartist34  •  10 mths ago
      Boy a lot of people here who have the "Witch trial" mentality (we don't care about a justice system we think she did it and she should die and that's all that matters). While the justice system is flawed it is what seperates us from the old days of taking the law into our own hands.
    • Timmie  •  10 mths ago
      HOW DOES THIS HAPPEN???
    • AuroraNox  •  10 mths ago
      In any trial, if the evidence for guilt (innocence is not even entered-in), is insufficient,
      then the verdict is "not guilty" and vice-versa if the evidence proved the guilt. That's the U.S. law - no ifs, ands, or buts.
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