CORAL GABLES (LALATE) – The Casey Anthony trial could result in the prosecution losing theirÂ case if the attempt to push the first degree murder charge. The Casey Anthony trial drew criticisms of the defense, left and right, a week ago. News analysts, quick to sensationalize coverage of the trial, called the forensics testimony by the defense as boring, ineffective, and a game losing strategy. But with most of us able to better grasp witness testimony over forensic evidence, the Casey Anthony trial changed on Thursday. Now with hardly any testimony until Monday since the explosive remarks by Cindy Anthony and Lee Anthony, the question remains: is the State losing their case?
The answer as to first degree murder is an emphatic “yes”. The problem with the way the State has charged Casey and presented the evidence is that they have used the first degree murder charge, not the manslaughter, as the focus, direction, and theme of its evidence presentation. The State has introduced its evidence, and conducted last week its cross examinations, in the context of first degree. The Bella Vita tattoo pictures, the skull pictures, the party photos, are all put within the context of premeditation. If that context fails, that the story behind the State’s case gets confused.
The biggest word troubling the jury this weekend is probably “premeditation”. Even if you believe that Casey was responsible for Caylee’s death, do you believe as a juror that she planned Caylee’s death? The State’s assertion is, yes, because the Anthony family computer had searches for chloroform. The defense, however, destroyed that theory last week by proving that the searches weren’t done by Casey. In fact, the State has no evidence that it was Casey on the computer, specifically.
So when Cindy said she was on the computer, and she did the searches, the State had a huge problem. Yes, Cindy searched for “chloroform” but not “how to make chloroform”. But that nuisance is not enough to get at premeditation.
How many jurors before this trial ever looked up the word “chloroform” in their life? If the answer is none, and now they are hearing assertions that two family members are looking up the same peculiar word, with Cindy on “chloroform” and Casey on allegedly “how to make chloroform”, it’s going to be confusing.
For a juror to come to the determination that someone premeditated, not just a murder but the murder of their own daughter, there can’t be this mess of confusion in the evidence. There can’t be question about search activities on the computer.
Additionally, while legal analysts brushed over it on Friday, one of the most powerful pieces of evidence was a video showing Casey and Caylee in love, a video that drew tears from the witness (Cindy) and the defendant (Casey). If a juror wants to find premeditation, they have to come to a determination that somewhere, for some reason, this loving mother turned into a monster and plotted to kill her daughter.
Why did Casey allegedly become a monster and plan to kill her daughter? Because she wanted to go party and have tattoos? Casey’s party photos and Bella Vita tattoos are bizarre. But seeing a defendant act weird, especially from this family, doesn’t help a juror jump to the conclusion of premeditation. It helps for manslaughter, but not for first degree murder.
What makes the Casey Anthony trial unlike anything this nation has ever seen is not just the unanswered questions but the hard-fast resolution of the State that they have a first degree murder case, which they really don’t, and the resolution by Jose Baez that he has a case involving George Anthony, which so far he doesn’t have at all.
We don’t know what went on with Casey and Cindy and Lee. But this week we also realized the bigger mystery is why have the State and the defense not seen the massive voids in their cases so far that you drive a truck through.
The trial is far from over. Testimony could continue until the middle of July. The defense has multiple key witnesses still not called. The state has a critical rebuttal coming up. But for now, the Casey Anthony trial has not shown itself to be a first degree murder conviction case.