Casey Anthony Case: New Attorney Todd Macaluso Reconstructing the Train Wreck?
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. 
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:
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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
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Casey text messaged Amy Huzienga that her car smelled since her Dad borrowed it.
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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.
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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.
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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?
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The 4th of July revamped landscaping and pavers addition project.
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The Anthony’s have openly sought immunity for undisclosed reasons through their attorney, Brad Conway.
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George’s recent suicide attempt– consciousness of guilt?
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Cindy never mentioned the missing Winnie the Pooh blanket until Investigators serving the warrant on Dec.11 request it.
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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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Thank you Blink for all of your insight and information! It is always welcomed and greatly apreciated.
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This is good Blink but I still don’t see anyway around Cindy’s 911 call..I simply don’t see this happening..jmo
Ugh, this makes me sick to my stomach.
Tater!!
Around it how? There does not have to be “intent” on her part to be responsible in a wrongful death scenario tied to residential or property liability, she would not even had to have known it happened at the time, that’s what I am saying, it’s like a familial win-win
Sick
I don’t think that there is any way this Attorney will be able to fix a train wreck with the magnitude of this case. I truly don’t. There is the 911 call, Casey not telling anyone the baby is missing for 31 days and the lie after lie after lie to LE.
No way this monster will walk!
Blink, how would a possible ‘live’ biological father for Caylee play into this? A father, revealed to the courts, could interfere with the Anthony family’s attempt to gain executorship of the estate of Caylee and gain some control. Could the Anthony’s be forced to tell what they know about the identity of the father and could the lack of cooperation be used against them in their attempt to control the estate of Caylee?
This makes me sick!
Hopefully, there will be a jury of sane rational people and they will see through all these “big time lawyers”.
If this case would not have been high profile she would have certainly been found guilty. She would never had been able to afford all of these lawyers and experts that are at the top in thier field.
You’re right Blink,sick!!
Blink, terrific article but chilling.
Here’s hoping that this case falls into the 8% of his jury failures.
Miz, lol
Kleat, excellent question. Unfortunately, I do believe Caylee’s father is deceased. But yes, had he not been, if paternity had not been established he could petition for that and he would be of course a next of kin situation.
Sorry for the broken record, but yet another reason for a GAL in this case!
Blink this makes some sense, you never know what angle attorneys may be forced to take. This case has gone from the Nanny did it, the Science is Junk, to now possibly this theory. I have to hope and pray that justice will be served but there a few things that come to mind if they take the accidental death approach and they are, duct tape, chloroform, chloroform computer searches, and a few other things.
And then my next question would be if, God forbid, there was an acquittal, what about the fraud charges – if she is found guilty how would that come into play as far as profiting off of Caylee’s death? That may add a whole new twist to an already twisted matter. Keep up the good work.
blik: i agree with the synopsis you laid out in your commentary. this case is a perfect scenario for “accidental death”. casey has laid a trail of small crumbs and it seems that lee further helped with the set up in his deposition. now, george and cindy will be deposed in the civil suit. i wonder if the videotapes from the civil case will be allowed as evidence in the criminal suit?
While you make several interesting points – I don’t believe that any of them will be relevent to this case. Casey has claimed since day one that “zanny the nanny” TOOK HER! How on earth can the defense try to claim that she died in an accident in the home when the entire investigation centered around this imaginary woman? There is no way the defense can get around the fact that Casey NEVER called the cops – Cindy did. And while I think Cindy is a loon, there is no denying the panic, fear and desperation in her 911 call.
Tragically, children die everyday in accidents in the home… Caylee was not one of those children.
I wrote this article to start a dialog about what is a very real possibility from a defense perspective. I also believe that Casey intends to point the finger at her family. Taking the emotion out of the equation, it is the only logical, approachable defense.
No, it it not going to work, but in terms of success in these circles, remember that it only takes one juror to cause a mistrial
AND
There are loads of people pimpin this girl’s commissary account. Point is, there a re sympathizers in every walk of life, apparently even for a Casey.
This lawyers involvement is exactly one day old, can you imagine what a kick in the teeth this scenario may be. Could it be the wake up call for these people??
Blink
Blink, I believe you are very close with this one. The only difference might find would be KC might accuse George of the murder. It won’t be accidental by her account. (think about the remarks she made about George abusing her)
She will say she left the night of the 15th after Cindy choked her and never saw Caylee again. George by his own admission was the last one to see Caylee. KC will use the partying pictures as evidence that she “thought” Caylee was safe with her parents and until she found the body in her car trunk, she had no idea she was dead. When she found the body, she had a psychotic break. All the calls to and from George were him telling her he would kill her, her mother, and Lee if she told. He convinced her if she kept her mouth shut, he would get her out of the charges, but if she didn’t she along with the rest of the family would die. She can use the fact that when she was out of jail he bought a gun and had threatened her with it. (police found & took it from a tip) He told her what to say, and that is WHY him and Cindy kept giving out such a ridiculous story even though they knew she was dead. Cindy did not know until after she called 911 and if George had been home at the time, he would not have let her call. He was going to send KC to California and not even tell Cindy.
turbothink
I am in support of this version of events-if we include allegations of sexual abuse committed against her by George, and possible suspecting him of abusing Caylee too-then I think she is more than half way home & dry. I know I dont like it either. But there has always been a part of me which feels she did not concoct this Zen story all by herself-it sounded rehearsed & the more she told it over & over again to the police-the more she sounded like she was actuallu convincing herself that it could be true. Timer55-This is a curious aspect in this case-as I am with Annie Downing on this-She really isnt all that smart. She may be articulate-but her logic & reasoning is eskewed (sorry cant spell?)
I think this would prove plausible as a defence-but I dont think Baez will go there with this.
Casey made numerous calls to her parents, but NONE were answered, or returned! As for the Anthony’s and all their high profile attorneys, I don’t believe it will help, Casey will go down…and they’ll be no living in denial for the Anthony’s after they witness that first hand. My mother used to say “It all comes out in the wash”….and it does. All of these Anthony’s are KNOWN and PROVEN liars at this point, no one would believe anything out of anyone of their mouths. Just my opinion.
I don’t see how anyone will be able to argue any accidental theory, wrongful death against the Anthony’s or otherwise, when duct tape was placed over Caylee’s mouth.
Since it was not accidental, as for blaming George, what would his motive be?
Casey will still be serving time behind bars for 1) lying to investigators and 2) the check fraud …… they can easily prove she lied, she admits she lied, and she’s on video passing bad checks. No way she’ll get out of those. Maybe she’ll get some prison justice when she’s serving those sentences, should she get off on the big one.
Junk Science, Smunk Science!!! Blah Blah Blah!!!! Anyway, I saw some pics from photobucket last night. OK, there were a few repeated, especially one in particular of a man and Caylee. They did a side by side photo of the possible dad and Caylee. They said it was JP Chatt.I really checked it out and the nose, the eyes, the mouth area really need to be looked at! I went one step farther but didn’t go real far as to find the # or st. add. but, there is a JP Chatt in the Orlando White Pages!! Someone showed this over and over again in photobucket.com under Caylee , not Crasey . Check it out. Love this place to blog my thoughts Thanks!
What Ya Think?
No offense intended, but I have read extensively about this case, he state on the other hand has to prove beyond a reasonable doubt that she did it, and in this readers opinion, based on the EVIDENCE ALONE (as opposed to the hype) the evidence, both physical and circumstantial in this case is strong. Any jury of average intelligence is going to convict this woman. And her attorneys know it. What I want to know is WHO is funding the defense team.
Funny that you delete comments that are not in agreement with your theory.
Good insight Blink, thanks for the read.
Angie, for future reference, comments are moderated, but I have never and will never delete a dissenting opinion as long as it is respectful to the other posters, which yours was as you can see it posted above. Deleting comments that do not agree or promote your work is for loser-hacks.
Remember all, watch how this plays out- I have not seen anyone bring forth an alternative theory as to how this attorney’s skillsets will be used by the defense. So he is a strong cross-examiner- woohoo, it does not change physical evidence and Strickland will never tolerate a “berate the witness” strategy. So then what can we expect from this guy?
Noonie-
I dont want to discourage your sleuthing, but the JP Chatt angle has been researched pretty heavily. Imo, if he were Caylee’s father, the entire free world would have known it, his family is worth millions in 2 countries that I know of, she would have been on that gravy train in a heartbeat. Also, she had not met him yet.
I apologize Blink, I see it now.
You know the Anthonys at the very beginning stated when asked by police if they noticed anything missing they stated a blanket was all they thought was missing. I only recall hearing this once on NG show, no other specifics were mentioned
I think George is Caylee’s father! I always have thought that. In initial reports, Casey was stated to be George’s step-daughter. I have brought this up in many chat forums…does anyone else remember this reference? blink, do you recall that??
Blink I think your on to something here (once again).
Can TES, LE, citizens of OC sue for wasted time and resources???
Angie- it is beyond cool to apolly for an innocent mistake, kudos and your opinions, shared or dissenting are welcome anytime.
Barbara- I am not aware that the A’s EVER offered they were missing that blanket until asked by LE, after they found the remains. IN my mind, that is a very big difference. Additionally, I wonder if new said blanket was replaced on the JC Penney card after the fact. I can tell you that I saw one on her bed in the footage..
Gigi/noonie- no, I dont think Caylee is George’s daughter, I have not seen any evidence of some of the abuse you guys think, not saying it did not happen, jes saying I am uber cautious about what I say if I cannot back it up somewhat even if my opinion.
Haniel- I tend to agree with you, but that does not mean they won’t try it. I strongly believe this strategy or a derivative thereof is in the making.
These lawyers are scumbags. There is no way they actually think Casey Anthony is innocent. When they’re at home talking to their plastic wives, or on the golf course with their buddies, sarcastic chortles no doubt bleed out from their cubist mouths. Florida is a freaky, seedy place, with way too many drifters and abductors. There must be some sort of nefarious vortex seeping out of from the everglades. Or, perhaps it is in the water……great and the trial is set there…..would not be surprised if the redneck jury acquits her. Yup, I said it.
Very interesting theory. I’ve always found a couple of things curious..George stated he saw Caylee and Casey leave the house together on June 16 before he left for work. He was very detailed in his statements. I never believed that. I believe there was a horrible argument between Cindy and Casey in which Cindy told her that she would be looking to get custody of Caylee. This stemmed, I believe, from Cindy’s visit to her parents and her mother telling her about Casey’s theft of her (Cindy’s father’s) account. This never sounded right that Casey would spend the night there after this argument and then go off “to work” in the morning. This was a cover up by all of them to begin with. Also, the flurry of calls Casey made to her parents on the 16th….no one answered any of them and no one returned her calls? Doesn’t make sense. They’ve had this argument, the baby is with Casey, she’s making numerous calls and no one calls her back…very strange. I truly believe Casey hates her parents (all evidence suggests this) and wouldn’t hesitate to implicate them if it would help her.
Thoughts?
There is a reason Casey turned out so badly. I know everyone wants to blame Cindy but what about the molestation? Susan Smith was molested by her stepfather. A child that is molested and must keep it a secret gets a skewed view of reality. Why did George attempt suicide? What was in the letter? Can someone give me a link to the molestation accusations?
This is a great article and I do believe Casey’s lawyers are steering Casey in this direction of blaming Cindy & George however, the duct tape over the mouth is going to be very, very hard for the defense to explain, this alone could put Casey away forever. I also believe the entire Anthony’s knew Caylee was dead by the end of the day, July 16th and the cover up to save Casey started then. Cindy’s pain and heartache is more than obvious by the time she made the 3rd 911 call. It’s the voice you’d hear from ANY mother if they just found out their child was murdered. I don’t think anything can be done to save Casey Anthony from what she deserves.
Lori, I have the same reactions in my gut as per Casey staying at home the night of June 15/16. It doesn’t make sense given the argument. But she was having those long text messages and phone conversations with Anthony Lazarro all night and the cell phone pings were hitting the same towers that serve the Anthony house.
And I also always thought that George’s description of his last sight of Caylee was made up. In all of his other statements, George consistantly fails to complete sentances & thoughts and is never clear on dates. But in his description of Casey leaving for work on June 16, he is chrystal clear, detailed and on topic. (As a sideline, Cindy NEVER describes her last sight of Caylee; she always just refers to George’s last sight of her.)
As the story goes, on the afternoon of June 16, George saw them “leave for work” at @ 12:50. He leaves for work at @ 2:30. But between 1:00 and 2:30 Casey is using her cell phone, pinging from the same towers that serve the Anthony house.
Did Casey have someplace near the Anthony house where she hung out waiting for George to leave? Or maybe someplace where she could park her car and sit overnight while on the phone with Tony Lazarro? The school parking lot perhaps? Would that spot ping the same towers as the Anthony house? And how miserable would she have been, camping out in her car overnight?
I believe that Casey really REALLY wanted to spend the night of June 15/16 at Anthony Lazarro’s. After the fight, she must have wanted to march right out of her parents house SO badly. But Lazarro, unlike Ricardo Morales, did not think that sleeping with a girlfriend and her toddler together in the bed with him is OK. And remember he already had a friend sleeping on his couch during that time. Casey was not about to leave Caylee in her mother’s charge on the night of June 15, but she couldn’t take the kid with her for an overnight at her boyfriend’s apartment. Did she spend the night at home or did she march out with Caylee in tow?
Burns; Casey alledged the molestation to Anthony Lazarro who mentioned it in his interview with the police. You can find it in the police interview documents.
I reserve judgement on that myself. George is a man with extrordinarily poor interpersonal bounderies, so the molestation is possible. But Casey is a bone chilling liar and does not hesitate to throw anyone under the bus and does it for any little reason.
Holy &*%$. Bet you are right, Blink. They probably have no where else to go. Casey has had a lot of free time to think about this. Whereas I don’t think it will fly with a jury in a million years, I wouldn’t put it past the defense to try it. Your perspective about the money is insightful.However, I think the father’s identity is going to emerge. If he is alive, he could possibly recover and have rights. Florida’s Wrongful Death Statute: 768.18 Definitions.–As used in ss. 768.16-768.26:
(1) “Survivors” means the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.
Whether the father who did not know he was a father in order to offer support may recover is a question for the courts. However, what is clear from the statute is that the Anthonys, other than casey, have no right of recovery for wrongful death.
Casey, if acquitted, could attempt to recover from her parents under Blink’s theory per the statute. The Anthonys are definitely keeping quiet about the kids paternity for a reason. There is just no good reason to do that except the obvious. Does anybody have any credible evidence that the father is actually deceased or that the deceased guy is actually the father? Casey has to be acquitted to recover or else the culpability for the child’s death will be already determined and not subject to collateral attack in a civil suit, most likely. Thanks for making us think, Blink.
You are kidding…right??? Pure speculation. We deal with the facts. This case is a slam dunk. You don’t have a clue as to what most the damaging evidence is to be released yet. This woman and her family will be in jail.
Jury will bring in a guilty verdict in under 3 hours. You heard it here first
I wish I were kidding, “prosecutor” but if Baez sticks on this case, a variation of what I am suggesting is certain. Do I think it will work, no.
I’ll go you one better, I do not think this will ever go to trial, as I have said from day one.
That being said, Macaluso is a highly skilled, veteran attorney- his participation has my legal pals nervous for the first time since this case started.
Blink,
I can’t see Casey taking a plea bargain, for that she’d have to admit guilt and as long as she has bodies to try to throw under the bus I think she believes she’ll walk away from this .
I have always believed the family knew it all from the beginning , there was no real sign of grief from any of them .
The defense cant argue away the duct tape , I think thats what will seal the deal for the prosecution .
I have always thought the parents covered up and I can’t see how they are getting away with not answering questions on a civil case…I hope they can prove the whole family is involved at least in cover up.
well, perhaps she and caylee did leave that sun. nite when the ugly confrontation took place about the money being stolen from the grandfather. if that is the case, casey may have used the chloroform to sedate casey and put her in the trunk to sleep so she would be free to call and text her boyfriend. she may have gone back to the house on that mon, the 16th, and george was still there. maybe george is confused about seeing caylee, or is lying to help casey. however, LE thinks caylee was killed on the 16th thru the 18th as potential dates for her murder. it makes sense casey would bring her dead body back into the house to attend to the ministrations to prepare for the burial as she had no other safe place to go where she knew she would be alone and free to take care of this problem without interruptions.
And who is “PAYING” to “hire” yet another team member? I await with bated breath for Baez to drag his UBER expensive forensic “experts” up on the stand to refute FBI and other’s forensic reports who Baez claimed were all “junk science” . . . so is Baez a junkie for “pay to play” junk scientists as long as they refute other junk scientists who only are salaried by tax payers?
Maybe this new lawyer’s specialty will confirm the birth and parenting an unleashed sociopath, Casey Anthony, was just an “accident”.
Re: today’s release of new information. When did Tony Lazzaro have the opportunity to be alone with Casey and see her watching the computer screen, crying over the news video of her grandfather with Caylee? How is this possible given the timeline? When did Casey have time after she was forced to return home with her mother? Did they spend time together where? In Tony’s apartment? In Casey’s room at the Anthony’s house? I am missing something here.
Kleat; Casey was crying in Tony’s bed in late June or more likely in July while she was staying with him BEFORE Cindy called 911. The video of Caylee visiting the Great Grandfather was on Casey’s computer. In his October interview with police,Tony identified the video as being the one which was widely broadcast.
Blink, very scary stuff indeed. However, i don’t think she’ll get off. It’s strange how the Anthony family focused so much (not trying to sound sarcastic) with kid-finders and PI’s to find “a living Caylee”. Now that the remains have been found why aren’t they focusing that same energy into finding Caylee’s “real killer”? And that is why Casey will do much time in prison.
Reminding all of one important detail…
A neighbor who recounted the very loud verbal altercation between Cindy and Casey the afternoon of the 15th upon her return from Mt.Dora stated that she heard Cindy get in her car and leave.
Cindy called her cell at 7:49am, why would she call her cell if she had been home?
Blink
Thanks Annals, I see that now, but I thought I heard this video was being watched on a newscast and that had to be wrong, thanks.
Blink, do you know whose name was on the Anthony home during June and July? I remember hearing something about Cindy’s name only, being on the home at some time because of some problems with George. Interesting to know if Cindy would be the only registered homeowner for your defense theory.
Continue the great work, Blink!