Casey Anthony Case: New Attorney Todd Macaluso Reconstructing the Train Wreck?

Posted by BOC Staff | Casey Anthony,Caylee Anthony Case,Jose Baez,Todd Macaluso | Tuesday 3 March 2009 10:23 am

As was first reported as breaking news on Blink on Crime yesterday, Todd Macaluso, the most recent addition to the Casey Anthony defense team appeared in court next to Jose Baez during the motions hearing yesterday. ToddM_Bio_1

This is no accident. Pun intended. Among other specialties, Mr. Macaluso is the leading industry attorney in high profile accident reconstruction. Blogs were blazing at this announcement through the evening, as was my email. Further research and case study sheds some light on the possible needs of the Baez Law Firm for Mr. Macaluso’s legal prowess.




Macaluso is also very skilled in four other legal areas:

  • Head and Spine Injuries
  • Slip and Fall Accidents
  • Wrongful Death
  • Premises Liability Cases

According to his CV, Macaluso has a 92% win track record in court cases before juries. He has secured over $200 million for his plaintiff cases. In his spare time, he is a guest professor at the University of San Diego School of Law teaching evidence and complex litigation courses.

Start of the Blame Game?

I have said from the beginning of this case that Casey Anthony will attempt to blame Caylee’s death on someone in her family; this could be the genesis of that.

 Sources close to the case have been buzzing that there are major efforts going on in the background to “relieve” Casey of her executor-ship over Caylee’s estate by the Anthony’s. In the event Casey is convicted on the current charges including lesser includeds, she is subject to the Son of Sam laws regarding profiting from Caylee’s death at her hand in all manners encompassed by the intent actions of her behalf in those charges.

The chances of Casey proffering a plea bargain on accidental death at this point given the duct tape wrapped around her daughter’s skull which is rumored to contain her partial fingerprint, according to legal experts, are slim to none. Furthermore, it is possible even though Randy Means, spokesman for the State’s Attorneys office stated today the state will not reinstate seeking the death penalty; they can do so up to the point they begin seating the Voir dire.

How It Could Work  

This family may be about to get what some would argue they should have anticipated from Casey. Don’t shoot the messenger. My beliefs and theories on what happened to this innocent child are well documented. I do not personally believe that George or Cindy Anthony had a hand in Caylee’s disappearance or murder. That said: This strategy could very well work.

Looking at it from a defense strategy angle:

  • George, Lee and Cindy have staunchly maintained their support of Casey’s Zenaida Gonzalez “babysitter” story with sizable variations in their accounts. It could be argued that they did exactly that, defying logic and perhaps interfering in an investigation to protect themselves from scrutiny. In Cindy’s FBI interview, she even so much as referred to Zenaida as Zenaida Fernandez Rodrigez
  • Casey text messaged Amy Huzienga that her car smelled since her Dad borrowed it.
  • George mentions to the FBI that Casey borrowed Cindy’s car one day and he went on a Starsky and Hutch after her but she got away. Cindy denied any knowledge of the incident, but then later after being called on it, admitted Casey had come to her house and borrowed the car, which conflicts with both statements about them believing Casey was in Jacksonville. 
  • The evidence recovered with Caylee’s remains is tied directly to the Anthony home. Tape, garbage bags, clothes, stickers, bedding blanket, laundry bag, et al. The k9 cadaver hits and the neighbor, Brian Burner testimony regarding Casey borrowing the shovel all suggest that Caylee died at the Anthony residence.
  • George and Cindy had access to the car. George specifically states in his statement that he asked Simon Birch to open the trunk PRIOR to him turning the ignition..”I said If there’s going to be any trouble (based on smell) I want to open it up here.” Perhaps he was already positive of what they would find and not find. Additionally, on the way to the car, Birch made note that George told him he had talked to Amscot to find out the car had been there three days. Birch found that odd as the tow letter does not specify where the vehicle was towed from and he had not mentioned it as is their policy. The random text to Will Waters on July 10th, the day before they say they saw the notice on the front door about the tow. Casey texted him she was getting a rental, and he felt it was sent to him by accident. Someone knew Casey was without a car and in need of a rental and apparently able to supply it. Who?
  • The 4th of July revamped landscaping and pavers addition project.
  • The Anthony’s have openly sought immunity for undisclosed reasons through their attorney, Brad Conway.
  • George’s recent suicide attempt– consciousness of guilt?
  • Cindy never mentioned the missing Winnie the Pooh blanket until Investigators serving the warrant on Dec.11 request it.
  • THE BIGGIE– George and Cindy’s statements as to pool ladder being moved to a spot that was never kept there in fear Caylee could then get into the pool on her own, and the open gate. Although they maintained they could not be sure of the date of this occurance, Mark Fuhrman’s statement as they expressed the incident to them was very clear and is directly corroborative of the flurry of phone calls to her parents and the neighbor account she was there with the car backed into the garage.  

This is actually the short list. If I did not know the specifics of the case, and I were to evaluate objectively, there is more subjective evidence to the possibility of a cover up by the parents and Lee than by Casey and it could go a long way for creating reasonable doubt. If it were to work as a defense under the current indictment and Casey won an aquittal, she would be entitled to keep her and Caylee’s rights to sell as she pleased and profit financially from the death of her 34 month old daughter.

Conversely, the alternative would be that the intention of Macaluso’s counsel would be to file a wrongful death suit against the Anthony’s on behalf of Caylee based on whatever may have happened accidentally at the home “for real”, under the guise that it occurred through some known foreseeable negligence issue regarding the property.

This could encompass slip and fall in bath, pavers, or yes, if they had left the ladder and gate open to the residence Caylee had access to.

In theory , Casey admits Caylee died accidentally, but due to the parent’s negligence as the homeowners, THEY are responsible for her death and she merely covered it up to protect them. The State’s Attorney’s Office does not want to gamble on a conviction without a true cause of death. She agrees to plea to improper burial, and once again, imaging and story rights intact. This would also preclude the Anthony’s from being able to secure any profit from Caylee’s death if such a suit was successful, through any award Casey might receive. If Macaluso’s track record has anything to do with it, one could assume it would be substantial and explain his participation in this case. 


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  1. Blink says:

    it was in Cindy’s name only due to a bankruptcy issue with George previously. However, it is still marital property and subject to the homestead provision under Fla law.

    However, whatever sources of income (aka rights, book deals, etc) would be subject as well…


  2. Scarrlett says:

    Hi Blink..I’m Scarrlett from SM. Bravo on your appearance with Dana. You DO have a lovely voice. That must of been so much fun!!

  3. Scarrlett says:

    It worked!!
    Have you read my theory about Defence of Provocation?? I am sure the “gang” is tired of hearing this but I have been worried ever since I saw a case that would set a precedence. And then the reconstruction expert in Todd should make everyone nervous in my book!!
    I asked Capp about it and it only made me worry more!! She’s good at explaining.

    It’s when a person is so inflamed that they have no control and act purely on passion. Criminal code 232

    Cindy and Casey brawl on the night of the 15Th. It does appear that Casey is home as she is on the phone most of the night. Cindy must go to work Monday morning {Someone has to} but before she leaves ,I believe she stands right in front of Casey’s bedroom door and calls her cell. She hears it’s ring tone, letting her know that Casey is home and safe. Now she can clear her mind and go to work.

    Now Casey knows the cat is out of the bag and there is many more cats in there!! It’s about over and she is sunk. Cindy will be getting Caylee when the truth comes out and it freaks her out!! Plus Cindy has leveled this threat many ,many,times.
    At some point,maybe even the night of the 15Th, Casey does away with Caylee so Cindy can’t have her.That is how much contempt Casey has for her mother. Think of it… It comes out in jail phone calls, Birthday Videos, Jail videos. Casey might have even slept with Caylee deceased right next to her. Cindy will never have her!!

    Hence “Maybe I am a spiteful Bitch” is her reply to her brother. She admitted this.
    Defence of Provocation Manslaughter 5 years

  4. Blink says:


    If I believed that Casey has any choice but to cop to it being an accident at this point, I would say your theory is extremely valid.

    I believe the defense is going to muster an expert witness to say that the duct tape was applied post mortem (which I believe)which will just prompt a battle with the states witness. They need a believable scenario where this was an accident, can back it up, and get a jury of their peers to buy in. A pure kidnapping, ZG or other, is doomed on her behavior post offense anyway. Either pleading innocent or accident they are going after her parents big time.

    And thanks, Dana was a blast!


  5. R.L Haley says:

    I would like to know what was wrong with my comment the other day and why it was not added?All I said was I had a dream she will get off the murder charge,I agree with Blinks thoughts that this is the direction of the defence “accident”,duct tape will be explained in that yes it was appllied post mortum to some how hold her flesh together,yes gross I know”because of the injury that killed her in the grandparents backyard”Economic crimes,obstruction of justice charges yes. Murder like Blink said, just one juror. I hope I have not offended anyone.

  6. R.L Haley says:

    opps my bad, found it sorry blink.

  7. Scarrlett says:

    Nice to talk with you here. Keeping up with SM is an impossible task that I strive to do. And now I have found you and this place. Pretty nice.

    I was reading and Capp brings a point out that I thought could of been the original plan. Get rid of parents and the money and the house will be hers. Amy moves in and becomes “Zanny” and they live happily ever after. Still a lot of holes in this one.

    One more interesting fact about murdering in the throws of passion is the person usually does NOT remember the act. This could be how Casey was able to go on about her partying. The stupid stuff she says to LE that she thought Caylee might be in Universal and that is why she brought them there!! Lord!! But it is possible that when Casey says she does not know where her daughter is; on some level she may not be able to recall the murder.

    That dude James Poland axed his wife in the morning with the garage door wide open. He slams the door closed and goes about his day. Packs lunch, takes kids to school, runs errands. He says when he gets home he sees her car still there and thinks,” Great! She is still here! I guess she is still mad and wants to fight some more”
    He then goes in the house and tidies up and does laundry. When he enters the garage he is shocked to find her dead. He stuffs her in her trunk and drive it to the mall and leaves it there.He has No memory of this either.
    Manslaughter 5 years

    Enough of that. See you around

  8. Annals says:

    Hi Blink; I have questions regarding your comment #49. Who got in the car and left on June 15 and who do you say was or wasn’t home the morning of June16? I can’t tell which “she” is the one at home.

    I have been combing the documents for a neighbor’s interview wherein they tell about the Father’s Day argument. Haven’t found it. It wasn’t Brian Burner – he was still gone away on vacation that Sunday. I can’t find any other neighbor interviews. Who was it?

    The only reference I’ve ever seen in the documents to the argument is from Richard Grund (of all people!). He told LE that Jesse told him about an argument between Cindy & Casey that day and that it involved a neck wringing of Casey by Cindy. Richard told LE that Jesse learned of it from Lee. Very believable; but it’s 3rd hand information.

    I don’t mean to say that I don’t believe that it happened. And LE seemed interested enough in the story to include it in the Supplemental Documents (not in interview form). If it happened could neighbors have heard it? Sure. Would LE interview more neighbors than just Brian Burner? I sure expect they would. But who are those neighbors and which document(s) contain those interviews?

  9. Blink says:

    O Annals you called me out- Good for you!
    Was a neighbor and I believe also in Rick PLease’s (Cindy Bro) interview as well. In the neighbor account Cindy did not yell back at Casey and she drove off.

    George maintained he saw Casey’s car there at 11PM when he came home from work.


  10. Annals says:

    Blink; thanks for the response. I am ever curious about the Cindy/Casey fight on June 15 because it may indicate much about motive, of course. I am hoping that LE have some 1st person account of it and have not seen one yet.

    I seem to remember hearing Cindy say something about swimming with Caylee on the evening of June15. On the Dateline Special perhaps. I’ll find it later when I have a bit of time to see if I can verify.

  11. Annals says:

    Nope, I cannot verify that Cindy said she took a dip in the pool with Caylee on Father’s Day evening. That was just a rumor I heard. This is what Cindy said about that evening in her interview with Dennis Murphy on Dateline;

    Cindy: We spent a wonderful day together, and then Casey came home and we had a great evening that evening.

  12. Kimm says:

    I agree with you when you say casey will try to sue and blame the anthony’s. I feel her improper burial will end with, I paniced my mom is always saying what a bad mom i was..BLAH! BLAH! I couldn’t tell her and tried to make it look like a kidnapping and free she goes. Iwant her to rot in jail so bad but i wanted Oj to rot for the double murders to and that never happened

  13. Kimm says:

    I believe the whole george abused her story was made up. I believe she was gonna use this in court so cindy couldn’t take her away. I remember someone stated (i believe jesse) that casey wasn’t happy when her mother took george back after he lost all that money gambling. Casey has also been reading law book her first stay in jail. My opinion is she got lawed up on those books before creating the story she told baez when she was released the first time. Somewhere it was stated casey didn’t trust law enforment enough to take about the case with baez in jail. I believe it was baez’s statement and that she would whisper or write things down on paper.

  14. OnePercenter says:

    After reading Blink’s commentary, I’m feeling a bit validated in what I had posted 2 weeks ago, when I stated it would be easier to build a case against Cindy than Casey.
    Picture this: I’ll make it as short as I can. We all know enough to be able to fill in the blanks.
    June 15th- 16th
    Casey leaves after the big fight….she’s leaving, She comes back on the 16th after G leaves for work. Cindy has packed Caylee’s things, she’s not home. Casey is calling G and Cindy to find out where they are…they aren’t answering. They are punishing her and trying to use Caylee as leverage. KC says eff this, I’ll just go out partying and have a great time. She’s now turned the tables on Cindy. Something happened. Either George left the ladder by the pool or Cindy left her pills out, household accident but it was under GA and CA’s watch. Cindy started weaving her web. Whatever day it was that Cindy called Ryan Pasley and told him about how KC was a liar and he should never talk to her and July 3rd the day she slammed Casey on mySpace was close to the time the accident occurred. Accident or could Cindy have been so angry that Casey actually had the upper hand and like a jealous lover, if I can’t have her, you can’t either. Was Casey telling her she’s got a new boyfriend and they are coming to get Caylee take her forever? At some point, C & George tell KC what really happened. George may have assured her to play along, he’s set everything into place. Tells her to leave the car at Amscot. This is why Cindy is pushing Casey to come home, but Casey is thinking Timer55, its not time yet. She knows what’s about to happen as soon as she arrives. Cindy is trying to get Casey locked up on theft charges. She keeps baiting the police but they aren’t coming. Finally Cindy blurts out “the car smells like a dead body”. There is quote somewhere by Casey where she says,”now they’re going to pin this on me”
    These are some incriminating clues that point to Cindy:
    1.) She’s a controlling person who actually considered herself as Caylee’s mother.
    2.) She’s the one who showed hatred and jealousy for Casey. This is stated in Jesse Grund’s interview. Kiomarie Cruz and Ryan Pasley also.
    3.) She has a violent temper. Examples; she’s said to have choked Casey once that we know of. According to Hoover, he saw her beating a cross with a baseball bat shouting numerous expletives, “eff this person, eff that person”
    4.) Notice Casey cries everytime she sees her father, yet it was Cindy who said George and Cindy were fighting daily. Lee says there was a constant battle between Cindy and Casey regarding Caylee.
    5.) July 3rd she says her Caylee is missing on mySpace. She’s also set on the date as June 9th. This is where timer55 fits in the picture. 55 days before Caylee’s 3rd birthday. Was this the date Casey was counting on to show up and everything will be taken care of?
    6.) Casey leaves her car at Amscot for 3 days. The car is abandoned from June 27 till July 15th. Cindy and George explain they didn’t get the letter till the July 10th. (not able to verify the date the TowYard sent the letter, but it seems it would have been sooner)

  15. Sunshine says:

    This website ROCKS !!!!! You guys make me really stop and think !!! Yeah…someone is definitely in on this with “crazy”….she just isn’t smart enough to do this on her own…Poor Caylee had to live with these crazy people…. (WAS there a partial print on the duct tape?)

  16. Laura Jean says:

    Very interesting. The only thing that doesn’t make sense is Casey’s lack of emotion towards Caylee’s death. How do the explain that and her partying lifestyle knowing her child is dead…even if her parents are negligent?

    The fact that Casey continued on with her life like nothing ever happened is still extremely damning! How does the defense get around that?

  17. westsidehudson says:

    Even if they move toward a defense of accidental death, natural death, or any such direction, doesn’t it still come back to Casey’s responsibility through neglect, which was one of the options for convictions? She never called 911. Unless they can prove that baby was with the grandparents, it was still under Casey’s guard that Caylee died. All of her family members have testified that Caylee was with Casey. Other than the child being ripped from her arms , as in the phantom nanny story, it still comes back to Casey being in charge. I don’t see it effectively going in this direction with the duct tape and disposal.

    Unless they claim some kind of mental defect, resulting in temporary insanity for disposing of the body. However, it still wouldn’t explain why she never reported what she had done in terms of the disposal. Unless they can prove that she had some kind of manic episode that compelled her to be out and partying afterward. It seems to me that they would have to demonstrate, if that were the case, that Casey was currently being treated with medication.

  18. OnePercenter says:

    To me, I see Casey’s actions out partying and having a good time the act of a mother who THINKS her child is in good hands. I’ve seen this before with young single moms, good mom when they have the kid, but take the kid out of the picture and they go to the other extreme. She’s partying like there’s no tomorrow. Maybe KC thinks Cindy is playing a game with her, like Lee said in a jailhouse visit, “Is it like it was before?” Has Cindy taken Caylee without KC’s knowledge just to see how long it takes for her to notice. I know I’m going out on a limb here, but strange things have happened in this case. I’m sure we all agree, starting with the 911 calls. There’s definite tension between the two…Is it, I thought u had her, no I thought u had her? We really don’t know the content of their conversations.
    What we know is there was a flurry of calls on June 17th from KC to George and Cindy and they aren’t answering. What was happening then? I can speculate that was the day something happened to Caylee.
    I can’t explain why KC showed no emotion regarding Caylee. I can’t explain why if KC did just murder her child out of spite, why doesn’t she try to leave town or somehow get away. A murderer just doesn’t hang out and wait for the cops to find her. She knew she couldn’t prove anything…no Zenaida, no job, nothing. Her lies were lame and ridiculous. Why? This will be hard to explain to a jury too. IMHO

  19. Suzee says:

    Yes, of course. Casey said the Zany (the babysitter) took Caylee to “teach her a lesson” and she would return her on Caylees birthday. Because Casey knows who the Zany is she didn’t worry about Caylee.

    She knew Caylee was in good care. She knows Caylee is “Close to home” or “hope” and will be back on her birthday. So why not go out and party because she wasn’t really worried about it.

    She knew her mother (the babysitter) would take care of Caylee.

    Who else had access to her car and all the things that Caylee was found with etc. Georges attempted suicide. Enter… the statement about the pool ladder and all those other things. Cindys message… “my Caylee is Missing” that she wrote on My Space on July 3rd. Casey went to jail to protect her family. But now Caylee is dead, what else can she do but reveal the truth. Oh my God, watch out Cindy and George.

    Question: Would Cindy and George be privey to the defense strategy if they are to be witnesses in this case?????

  20. OnePercenter says:

    Hello Suzee,
    The answer to your question is no, they would not be privey to Casey’s defense stradegy. That’s priviledged.
    You raised some good points that had entered my mind as well. George’s suicide attempt and now we hear Cindy was suicidal too? hmm
    Also, “my Caylee is missing” on July 3rd by Cindy. I’ve heard this explained away as to Cindy meant missing from her life, but I don’ know. It’s very specific. Casey once texted,”guess where I get to spend the rest of my life” George, “Casey is the bravest woman”
    If we take the daily NG show out of the picture with this beautiful baby’s picture, not to mention background music, its emotional.
    Emotions aren’t thinking, just feeling. I feel the same, yet for whatever reason, I see KC differently than the general public.
    Does she think by holding up the ruse for the family, she’s repaying them back for what she feels she owes them?
    IDK. But I see where you’re heading, G & C may be in for a big surprise at trial.
    Thanks for the feedback. Your post is very interesting to say the least.

  21. Marilyn Atchison says:

    Following along the lines of this article, I think the duct tape can be explained by sayig it was part of the whole nanny abduction theory. The duct tape was place on her face to show an abduction had occured.

  22. OnePercenter says:

    Marilyn Atchison,
    Wow, that’s exactly what I think. Why else would they use the word kidnapped and not lost. Kidnapped = duct tape Read it in a novel.

  23. jen says:

    I meant, can possibly “be” part of a kidnap theory….Casey Anthony went to Sawgrass apartments to find a new place because her mother was going to kick her out and take custody of Caylee. She thought this out WAY before any accident could have occured. They fought the night before Caylee died. Casey killed Caylee to get back at her mother. Period.

  24. jen says:

    Ughh. Meant CAN’T be a part of a kidnap theory.

  25. jen says:

    One percenter, your Cindy theory just doesn’t work. Cindy was not the one driving the Sunfire that reeked of decomposition, she wasn’t the one lying to cops. She was at work when Caylee disappeared. All of her reactions were normal. It just doesn’t work. Why is it so hard for people to accept that Casey killed her daughter?

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