The State vs. Casey Anthony trial has been in effect for a week and people are still asking: Where is the evidence that Caylee Marie Anthony did not actually die from first-degree murder by her mother?
Following a graphic and detailed opening statement by Prosecutor Linda Drane Burdick on May 24, defense attorney Jose Baez, in the defense's opening statement, said, "Caylee was never missing. Caylee Anthony died on June 16, 2008 when she drowned in her family's swimming pool," and was found by her grandfather, George A. Anthony and minutes later, her mother Casey Anthony walked into the scene.
Baez explained to the people of the jury that Casey Anthony, 25, was sexually abused her father, and claimed that because keeping those traumatic experiences a secret, "Casey was raised to lie," therefore lied for an entire month that the 2-year-old was even alive.
Caylee Anthony's remains were found near the Anthony family home on Dec. 11, 2008, several months after the toddler was reported missing on July 15, 2008. The little girl's air paths were forced shut by three pieces of duct tape over her mouth, and a piece covering her nose.
Casey Anthony's vehicle was provided to Orange County law enforcement officers for investigation and a high concentration of the compound chloroform was found in her trunk.
Legal Analyst Bill Sheaffer says because there is no evidence to make the defense's story plausible, Casey Anthony may just have to withhold her right to remain silent, and take the stand to testify, which Scheaffer says can actually hurt the defense.
"It was a nice dramatic opening," said Scheaffer, "but as far as credibility and having legs to sustain that opening statement, no, the evidence is just not there to support it ... Casey just comes to the witness stand with too much baggage. I don't think that the defense would be wise in calling her and I think that they'll do everything possible not to call her to the witness stand."
Beth Karas, senior reporter for truTV, agrees; Casey Anthony needs to prove these claims to win over the jury, because the defense is now in a "hurdle."
"The defense said it was an accident, not murder, now they have to show that," said Karas. "You can't just make that claim. Now they have to put on some evidence of it. And there were three people present ... George denies it. Caylee's dead. So the only way we can we hear the story is if Casey takes the stand so the defense is basically obligated themselves to put her on the stand, so let's see how believable she is. Problem is the jury knows about so many lies that she's told, why should they believe her on the stand?"
Karas also says that because this is a mother who allegedly murdered her daughter, the mother in question may actually have psychological problems, which could potentially save her from capital punishment.
"If in fact she has some psychological problems, if it gets to a penalty phase, there will be evidence of that," Karas said. "The defense will put on experts and that might save her life ... She has to be convicted of first-degree murder first, but if she is and they start to put on evidence in a penalty phase, it's possible that the jury would find it would mitigate ... Then they would give her a break and give her life."
If the defendant is not acqiutted, but in fact found guilty of murder in the first-degree of her daughter Caylee Anthony, Casey Anthony's life is on the line. The trial is expected to last up to eight weeks.
(Photography by Red Huber, Orlando Sentinel)
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