Tag Archives: Caylee Anthony

Not the Nancy Grace Show — Bad Attorney

Nancy Grace, Objection, Casey Anthony, Bad LawyerI want to be very clear about this:  This blog does not follow the same rules as the Nancy Grace show.  Opinions are welcome.  (Informed opinions slightly more so, but uninformed opinions can give me inspiration to write more, so ok.)  Telling someone you disagree with them in a strong way: entertaining.

Accusations of crimes, okay IF THEY ARE GUILTY.  If they have a strong likelihood of guilt, its okay as long as its easy to understand that you are not saying they have been found guilty.

If you are saying someone has a criminal record, or someone is on a “troll watch list”, put the link to the credible evidence to your accusation.  I have no idea which “troll watch list” you are talking about.  So link to it.  You know about it, it’s been bothering you for years, then you probably have it bookmarked.

IF YOU ACCUSE someone of slander 1. Understand what that means, because I think it’s hard to commit on a blog site, and 2. say what the slander was, because I don’t see it.

This is not Nancy Grace.  I will not have unfounded accusations floating around my site.  Unless I make them.

What Casey Anthony must do next — Why Mark Geragos is an idiot

Mark Geragos is completely wrong in his assessment of what Casey Anthony needs to do next.  But what is more interesting than how he is wrong, is why he is wrong.  Let’s discuss both.

Mark Geragos isn’t famous for representing the worst of the worst, he’s famous for representing the most famous of the most famous.  Wynona Ryder, Michael Jackson, Chris Brown.  These are the people who he is famous for representing.  Probably the most ordinary of his clients is Scott Peterson, who was found guilty in a similar sort of circumstantial evidence case.

Of those cases above, the only one that was a victory was Michael Jackson, but MJ replaced Geragos as his attorney well before trial.  Geragos didn’t follow the same etiquette Johnnie Cochran followed with Michael Jackson:  Notoriously when OJ Simpson called up Johnnie Cochran, Cochran said, “I’d love to take the case, but you have to understand, Michael always comes first.”  He then called Michael Jackson and then cleared the representation with him.

The thing about Mark Geragos’ clients, is they’re getting phone calls from Barbara Walters anyway.  Chris Brown is going to be on Good Morning America for every album anyway.  Wynona Ryder is going to be profiled on E! for a cameo on Star Trek anyway.

Casey Anthony is going to be vilified forever.

A criminal defendant, like any human being, has two choices for any situation: talk about it, or don’t.  Even saying “no comment” is on comment on something.  The media and the “Nancy Grace machine” have created Casey Anthony into, for lack of a better word, a celebrity.  In the same sense as Heidi Montag or Nicole Ritchie or Kim Kardashian, Casey Anthony has now become a household word.  The question is, what her reputation will be.

Kim Kardashian made a sex tape.  Remember that?  That’s why she’s famous. No question.  Now she’s parlayed that into a minimum of three (four?) TV shows for her extended family, a line of perfume, make-up, clothes, clothes stores, basically everything. She’s given careers to about 11 family members.  She’s on Trapper-Keepers.  I blame Ray J.  Why? Not because she commented on her sex tape, but because she took control of her destiny.  Rather than allow that to be the only thing important about her, she decided to give people who wanted to report on her hundreds of other things to report.

Mark Geragos suggests that Casey Anthony allow the news to recycle the same stock footage they have of her.  Suggests that she allow other people to write her story.

I suggest to her this: Get out in front of it.  But choose your spot.  He’s right as far as: it’s not the time to sign a book deal and do a pictorial in a magazine.  But after a week or more of solid preparation, or staying indoors and ordering delivery, she needs to sit down with Barabara Walters.

Barbara, my lawyers told me I couldn’t tell anyone what happened.  I was locked in there for three years. Three years! Everyone said horrible things about me. And all I did was miss Caylee everyday.  All I wanted to do was scream “I didn’t do it!”

I don’t know what happened. I wasn’t there. I don’t want to blame my mom, I don’t want to blame my dad. I love them more than anything.

The problem is Barbara, I know what being falsely accused is like, so I can’t say anything that would sound like I blamed someone else.  I’ll say this: I don’t know anyone who would want to hurt Caylee. She was a joy, my joy.

Of course I drank and partied, my daughter died!!! I would wake up in the morning with this emptiness in my life.  I got a tattoo to remember her. Drinking is the only thing that took that pain away.

Barbara, 28,000 other babies died in 2008 in America alone. I’m the only one on TV for murder.

I don’t know how the body got there, I don’t know anything about my father’s duct tape. I don’t know about this car smell.  I know I miss my daughter, and I know no one wanted her hurt.  And I know I prayed everyday that I would see her walk in the door and scream “mommy”.

One interview, get out in front of the story, and then go underground.  But as of now, that picture of her grinning through the verdict is the last shot anyone has of her.  Forget that, That’s not allowed. Take your own destiny.  Tell your story to whoever will listen to it, without compromising it’s integrity by doing something negative with it.

And figure out what charity you need to team up with in six months.  My suggestion is Mandatory Pool Cover lobbyists.  Less rehabilitative but more interesting is the Innocence Project, Richard Jewell‘s (remember him?) wrongly accused charities, or maybe creating greater ethical rules for purported “journalists” and/or “pundits” who have been accusing her of murder for three years.  Richard Jewell won settlements in some of his cases.  Casey Anthony needs to follow that road.

But before she gets the money, she needs to serve a “punishment”.  This kind of public “mea culpa” followed by community service bringing knowledge to parents about home dangers is exactly what they need to get her started.  It’s not enough to atone for killing your daughter.  But it’s more rehabilitative than hiding, publishing a sequel to the book “If I Did It“, and then suing people who did you wrong.  And then coming out and saying I told you so.

Mark, I’m sure you’re not an idiot.  And I’m sorry for my harsh words, but this one suggestion is idiotic.  Bob Shapiro would never agree.

Casey Anthony — An Argument

Common apocryphal advice for artists is “If you want to be a artist, just do art!”  Painters often see things in nature, in other pieces of art, that they just need to sketch out on a page.  First they draw it from one angle, then they draw it from another.  They draw pieces of it, just to get the weight or the color, and they’ll draw the item as a blank, and then just draw the shadow, or reflection, so they have that right.

When it comes time to make they masterpiece, they know the subject so intimately that the two dimensions become real.

I can’t pretend I know a lot about the Casey Anthony case.  I know it has really struck a chord with some people.  And I think I’ll post another post specifically about the case, but I yesterday afternoon I did a sketch.  I had an idea, about any case in general, and it applied well to the Casey Anthony case, so I just wanted to try it.  So, like an artist, I did a sketch.

From time to time I have an idea running through my head.  Generally the only way to get it out is to write it down.  Longhand is best, but I wrote this one on the computer so we could share.  Based on a single phrase, I did a sketch of a potential argument for Casey Anthony.  Just to see where it would go.  I’m not saying it’s better than what was given, and most of it I would never deliver to a jury.

But if, by writing sketches, I can get one line, or one phrase, or one chorus that rings true, I can echo that in every relevant case ever until the end of time.  And I know this is a day late, but here is yesterday’s sketch of a potential Casey Anthony Closing.

(With all due respect to everyone. If you’re very invested in the Casey Anthony case, I can’t suggest you read the post.  My heart goes out to the family and all involved. But this is purely an academic exercise.)


That’s what you need to yell to the prosecution. You heard the judge tell you the most basic law in the beginning:  The complaint is not evidence.  And the Complaint in this case is that Casey Anthony is accused of purposely killing Caylee Anthony.  But what EVIDENCE have you heard? The only only evidence is reiteration of that same complaint over, and over again, with NO facts added.

How did she die? We don’t know.

Why did she die? We don’t know.

Where did she die? We don’t know!


They have nothing to show you.  Because they have only accusations to tell you.

Let me tell you the single most insulting fact they’ve given you through this whole case: the medical examiner.

She can’t tell you how she died.  She can’t tell you who, what, when, where she died. But she can tell you ONE thing: It’s a murder!!!

Caylee deserves better than that.

Pardon this example, but let’s make it simple.  Just because a car doesn’t run doesn’t mean it broke down.  Maybe there was an accident.  Maybe the battery was stolen.  Maybe she never turned the key?!?

But it’s the Prosecutor’s job to DISprove that. Not our job to prove ANYTHING.  You can disbelieve every. single. word. anyone. said on the stand. And then what? There’s Still no evidence of a crime!

So you have to yell to that table right there: SHOW ME THE MONEY!

But first, let us show you the money. Try this:  Standing behind me surrounding this courtroom are a collection of cameras from around the world.  You heard evidence of the manhunt for young Caylee’s body. You saw video of it! Arranged, not by the prosecutor’s office, but by the so-called news agencies.  And think about the prosecutor’s office, or the police department.  Imagine the massive criticisms in the news they would be subject to if no one was charged in this case.

The police chief wouldn’t have a job.  The Prosecutor wouldn’t be re-elected.  It’s over.  Our heart goes out to them in their positions, but that’s not a reason to break the law and decide this case unfairly. We have a phrase for people with their job on the line due to the outcome of a court case: It’s called “Motive to lie.”

Look at the money dripping from this investigation, and they couldn’t find one shred of evidence?

Look, our hearts go out to young Caylee.  No one is more torn up about the loss of her “beautiful life” than Casey.  If only you could have heard it. They come of here, they call her bad names, they slander her actions. Actions that, no matter how much you despise,  may be evidence of bad judgment. They’re not evidence of murder.

And it’s okay if you dislike her.  She did dislikable things!  But she’s not accused of being a bad mom.  She’s not accused of mourning wrong and she’s not accused of getting a tattoo to remember a daughter whose “beautiful life” was taken much, much too early to return to be with God.  Actually, I take that back, that IS what she’s accused of.  That’s ALL she’s accused of.  Every single one of these points added together and multiplied by a thousand doesn’t equal murder.  None of this evidence does.

They think they “had you at Hello”.   But we all know they need to do more than that.  We know that from the law the judge read.

WE live in an amazing country.  A country that guarantees that we are innocent unless or until we are proven guilty.  It’s not enough to repeat accusations, say them again, and then repeat them a different way.  It’s not okay to think that’s allowed.  Pointed facts, not pointed fingers should create convictions. At least according to the law.

But recently it seems, we’ve decided to move away from our constitution.  To allow ourselves to be ruled, not by the Rule of Law, but by talking heads competing for ratings not facts.  Move towards people who think proof is who yells the loudest over who speaks the truest.

Who think  speaking with conviction replaces proving elements to earn convictions.

Well, on this Independence Day weekend, I’m going back.  I’m going back to the time when facts were important, when convictions had to be earned, not yelled.  I’m going back to the America that is upheld in the laws that the judge read to you earlier today.  Remember when the judge said you can ONLY find her guilty if you can determine the facts meet the elements. Here, you cannot determine the facts meet the elements, because you don’t KNOW the facts.  No one ever told you. And how could you:  the police and the prosecutors don’t even know the facts! (or they would have told you).

A poor innocent, beautiful, amazing girl is no longer with us.  Her mom didn’t know how to react, and did everything exactly wrong.  That doesn’t make a murder.  That doesn’t make her a murderer. That makes a tragedy on multiple, multiple levels.  And we can mourn Caylee, and we can keep her in our memory, and we will, without breaking the law by denying her mother a fair trial.

Well, I’m going to sit down now, and then it’s up to you.  I’m going back to the rules and the law you hold in your hand that the judge read us this morning and the country and the the constitution I swore to stand up for when I decided to go to Law School.

Who’s coming with me?

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Hawaii Criminal Defense: The Legal Blog

Issues in Hawaii Law.

Below is a collection of Articles I've written about Hawaii law.  Most are about criminal defense, Honolulu trial work, or future legal trends. Courtroom experience is probably the most common.  Others are comments on local or national law.  Hopefully there is something for you to find and enjoy.  If nothing else, you'll see the way I feel about certain issues, and the thought processes I put into legal problems we solve.

And some stories are just too funny NOT to tell.......

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