Caylee/Casey Anthony Case: Will Expert Witness Order Reveal Jose Baez Defense Strategy?
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“I quite frankly don’t know why we are here..– Jose Baez”
In a rare 5 P.M. Friday afternoon court appearance, after attempting to gain compliance from Jose Baez, State’s Attorney Jeff Ashton successfully convinced The Honorable Belvin Perry that the defense team for Casey Anthony has been holding out. While unavailable at the time of this articles publication, the new order in essence says Jose Baez’s proffer of an entomologist “will be talking about bugs”, is not going to fly. Pun Intended.
Chief Judge Perry, after reminding the parties that discovery has been ongoing for over 2 years and the May 2011 trial date is rapidly approaching, verbally dictated a new order on the record.
As a specific example of the defense’s non-compliance, Ashton references Dr. Michael Freeman, a forensic epidemiologist who intends to charge the state $575/hr to depose him, when the application of his area of expertise to the case against Casey Anthony for murdering her daughter Caylee is questionable at best.
Or Is It?
Epidemiology is “the study of the distribution and determinants of health related states or events in populations, and the application of this study to control health problems”. It is the basic science for public health.
Admittedly, Dr. Freeman’s addition to the defense expert witness list has been on my mind for over a week. His curriculum vitae, as impressive as it is, is heavy with publications about neck injuries following various impact ratio vehicle accidents, vertebrae -spinal cord compression and roller coaster whiplash.
What is he going to testify to? Was THE BAEZ LAW FIRM really going to go with the nanny was in a car accident with Caylee and Casey was following her and they accidentally smothered her with duct tape which was meant to act as some sort of neck brace? Maddening, yes. Plausible, No.
After examining the email’s included in Ashton’s motion for the umpteenth time, I finally realized what was bugging me more than the absence of what was already ordered by the court in it’s content, or the juvenile response from the lead counsel in a murder defense and sworn officer of the court.
It was the fact that in both email’s from Jose Baez to Jeff Ashton there was only one expert witness whose name was not bolded and seemed to be sandwiched in, almost as if to demonstrate it’s lack of importance. Moreover, Jose Baez suggests to Ashton that the state depose him last, as his reports are incomplete.
$575 an hour rate to tell the court at trial what the statistical and probable likelihood is of a public outbreak of unemployed, Caucasian, Target-loving party girls suddenly murdering their toddlers is?
Methinks the nut is under Freeman’s shell, but how is that possible?
Chiari Malformation Type I
Almost conveniently, Chiari 1 complications contributing to the sudden death of a child, was profiled in an episode of Dr. G Medical Examiner. Jan Garavaligia, MD who performed the autopsy on Caylee Anthony is the Medical Examiner in District 9, Orange County, Florida and an expert witness listed by the prosecution in this case. Garion Barber is an 8 year old Orlando boy who passed away in his sleep in March 2008 with only a minor history with seizures. Dr. G’s office investigated his death for over 4 months before she was able to conclude Garion died from an un diagnosed Chiari 1 malformation/sleep apnea. Dr . G also had the benefit of reaching her findings on a recently deceased child, unlike 34 month old Caylee, whose remains were tossed in a swamp off Suburban Drive and were completely skeletonized at the time of their discovery two years ago today.
In an unrelated published study, a three year old child with an un diagnosed CM1 died when exacerbating his unknown condition by a very minor bump on the head.
In the anthropologic portion of Caylee Anthony’s autopsy report conducted by Dr. John Schultz and Dr. Michael Warren, it was discovered through examination that Caylee had a previously un diagnosed premature closing of the cranial sutures, or saggital synostosis.
You guessed it, absent any previous x-rays, soft tissue and a cause of death by “undetermined means”:It is an invitation to the connection between Saggital Synostosis and Chiari I.
We report 2 cases of uncorrected sagittal synostosis associated with the development of Chiari malformations with syringomyelia later in life. To our knowledge, this is the first report of symptomatic Chiari malformations associated with uncorrected sagittal synostosis. We discuss mode of presentation and management in each case. We propose that these patients either have a pathophysiological predisposition to Chiari malformations based on the compensatory bone growth pattern in sagittal synostosis resulting in craniocephalic disproportion or that there may be an underlying genetic alteration accounting for the association of the 2 processes.
“We are not here to hide anything…. Jose Baez”
Dr. Freeman is absolutely a pre-eminent specialist in cerebellar tonsillar ectopia, or Chiari Malformations, as outlined in his published works.
Freeman MD, Rosa S, Harshfield D, Smith F, Bennett R, Centeno CJ, Kornel E, Nystrom A, Heffez D, Kohles SS. A case-control study of cerebellar tonsillar ectopia and cervical spine trauma. European Spine J
Conveniently, penned in her prison alter ego identity “Muffin”, we learn from Casey herself that she is now suffering from non-allergy prompted headaches and seizures. According to former fiance and favorite defense patsy Jesse Grund, the only seizure-like incident Casey has ever had was after an evening of heavy drinking. George Anthony, who together with Cindy Anthony met Casey at the hospital the next day, has stated in interviews with OCSO there was no evidence she had a seizure or that anything was wrong with her physically when they arrived. That girl has a PDR in her “law drawer” for sure.
Can we say retroactive heredity link to bolster her defense?
More than 150 families joined the initial phase of the CM1/S research study and provided detailed family histories and blood samples. We reported familial aggregation in a large study of 364 CM1/S patients. Of these study participants, 21 of the patients’ families had two or more cases of CM1/S within the family. Thanks to all of the families who generously participated in the study, we were able to successfully accomplish the first step of the genetic research, which showed familial aggregation of CM1/S.
The burden of proof beyond a reasonable doubt that Casey Anthony murdered her daughter Caylee rests solely with the State of Florida.
The burden of creating reasonable doubt rests solely with the defense team she has hired to do so.
The problem with this theory, and make no mistake, it is wrought with problems, is that it is illogical, devoid of reason, and who is going to believe that a loving Mother whose child dies of natural causes tapes her face, dumps her in a laundry bag and tosses her to rot in a swamp on the way out of her parents subdivision?
There are hundreds of pictures of Casey Anthony dancing on bars, video of her arm in arm at the video store with Tony Lazzarro within hours of what OCSO believes Casey Anthony murdered her daughter. Let’s not forget she spent the better part of the previous year stealing thousands of dollars from her own family to avoid work of any kind.
Did anyone tell the “young lawyer” Mr. Baez that you do not seat a mock jury with members of your family?
Profound narcissism just came off the Diagnostic Manual for Mental Disorders (DSM) , read up people.
Her entire “defense” has been structured around a fake nanny with the real name of Zenaida Gonzalez she is also still counter-suing in a civil action. Casey, her attorneys, and her family have appeared on hundreds of hours of news coverage proclaiming she could not help locate her daughter or her daughters alleged abductors for fear of their safety. How does that compute to a confession of improper burial? It does not.
If in fact this un diagnosed CM1 is what Casey Anthony believes is her get out of jail free card, there is a zero percent chance she could pull it off without taking the stand. In this editors opinion, there is also a zero percent chance she can “take back” the zanny story, which means she either has to convince a jury that she believed it, or that she pointed that finger to protect someone else. Enter George, again, sadly.
The only way to counter the biggest counsciousness of guilt thought bubble permanently affixed above her head is to explain why she never called to report her child missing for 31 days, and even then, it was her Mother’s sad task after smelling decomposition in her abandoned car.
With the exception of two defense experts who are set to be deposed next week, both the prosecution and defense are ordered to provide specific and thorough information about their respective witnesses and what they intend to testify to, by December 23, 2010.
According to Jeff Ashton’s oral argument in support of the state’s motion heard yesterday, they have already met that burden.
It should prove to be a very busy week for THE BAEZ LAW FIRM.
Well played Mr. Ashton, well played indeed.
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I have been thinking that perhaps the defense was going for an accidental death and Casey was too terrified of her mother to call for help, either 911 or other help. This theory, that Caylee suffered from an undiagnosed genetic disorder even mitigates her guilt further by implying Caylee died of natural causes, and then – ???Casey was too afraid of her parents to call for help??? Even from her boyfriend?? 911??
It still flies in the face of common sense.
I will acknowledge that it could be Possible that Caylee died this way.
But the defense will have to explain why 911 wasn’t called if Casey found Caylee unresponsive after a nap.
They will also have to explain:
1. 31 days of partying
2. explaining away Caylee’s absense by saying either she was with a nanny or Cindy
3. Refusing to tell LE or even her own Lawyer where the child’s body could be found, so that forensic tests could corroborate her claim
4. The way Caylee was disposed of, and the presence of duct tape
5. The rapid cremation of the remains, so they are unavailable for possible further research. (I know that supposedly Cindy did this without Casey’s approval, but I’m certain that if the defense was against this, it wouldn’t have happened)
6. Trying to implicate others in the disappearance of Caylee
7. Implying to her parents that Caylee would be “home” by her birthday
and finally, and I think this may be the biggest hurdle of all;
8. WHY WOULD CASEY SIT IN JAIL FOR THREE YEARS IF ALL SHE WAS GUILTY OF WAS PANIC FOLLOWING AN UNEXPECTED DEATH?
I am sure readers can come up with more to add to this list.
Just so we are clear, I do not believe she died this way, I am presenting what I believe is going ( or was) going to be the defense theory and strategy. It is sinkable rather quickly, especially now that it is known.
B
Great article Blink!
If defense goes with this and Baez fails to be specific in his filing, what happens if he presents it at trial? j
I have a strong feeling that Baez look of “dejection” was all about the fact that he could not pull the bait and switch on this one.
If he plans on still using this as a foundation to the defense of the murder charge, he has got to disclose it or risk it coming in at all.
B
Really interesting and compelling article Blink! I’m so glad I keep your blog on my RSS feed so I know when you put up a new one – If this is the defense angle (or something similar) – I may have to skip the trial for my own sanity!! I suppose this would support Baez’s “Casey is innocent” argument and the smug and arrogant attitude of all of the defense players. Urggggggggg
Baez will end his closing arguments with,
“In closing, Ms. Casey Anthony is a victim of medical malpractice by the hospital and attending pediatrician. We have filed a multi-million dollar suit for malpractice for having not diagnosed Chiari Malformation Type I which tragically took Caylee Anthony’s life and caused a lifetime of psychosis and ugly coping for her poor mother. We ask that the court dismiss all charges against Casey Anthony and demand that she be allowed to collect her sunglasses, hoodie and lip gloss and have a limo pick her up in front of the courthouse and taken to her new condo on the beach. Thank you, your honor, the jury and all of the experts who stretched their imaginations to come up with this brilliant defense strategy. Drinks are on me.”
Yep. $275K can buy a good idea or 2 I guess.
Here is an interesting twist- what if the state KNOWS who Cays Father is, and their is evidence that would refute that any hereditary disorders come from his side, as she would be hardpressed to see they came from hers.
O I keep singing the same song, a GAL would have reduced this circus to a mere sideshow.
B
marvelous post and so right on.yes i remember the autoposy findings which continues to bring me back to the nagging question of whether caylee ever went to a peditrician. certainly the early closing sutures would have been picked up.oh yes let us never forget the photos of caylee with a twiste face and residual bruises and marks. may they all pay for the neglect and cover up.
If defense had seized on this earlier it would appear much more damning but the State will be able to outline the many theories and investigations bent on accusing others.
It will look to jurors (hopefully) as a clever smokescreen with no proof, no documentation and no connection to their relentless pursuit of alternate culprits.
Wonder what the statistics are with this being cause of death for a toddler that hasn’t presented any symptoms?
I presented the studies we researched, Type I, is common for finding at older years when looking for alternative symptoms. It is commonly not treated or diagnosed in toddlers until it causes other issues, or in the cases I profiled, death.
However, it was always caught at autopsy.
B
That could work both ways though Blink. What if Caylee’s father IS known to the defense and prosecutors – and there IS a family history of malformation of the cranium? That would be particularly disturbing IMO.
Yes, it could , it is my personal opinion that is not the case.
B
If I’m getting this right….the CMI is mainly associated with a heredity factor..not solely due to the sagittal bones closing prematurely?
Hi Blink,
My daughter has Chiari I malformation. I never guessed the defense might be going in this direction! It might explain Casey’s sudden fall in the elevator or other possible neuro symptoms like the seizure type episode. I don’t think it will explain the family proclivity for duct tape.
Thank you for sharing that, and I agree about the fall.
B
I forgot to say, very well written and informative piece! For readers a little intimidated by medical jargon, Chiari malformation means the brain has herniated into the spinal canal through the base of the skull.
Again, well done. Can’t imagine the frustration the prosecutors are going through dealing with this bunch of dreamless lawyers. I am still convinced, His Honor is allowing latitude to keep an appeal from having any grounds at all.
Sorry,Blink, I did not mean to imply that you believed this was possible. I was trying to think like a juror would who has not followed this case. If the defense was to present this as a possible cause of death, what I was trying to say, was that I would have to consider that it could be possible, since there is really no way to be certain of the cause of death.
But Possible does not explain Casey’s actions following the death at all. And taking her actions and especially her non- actions into account makes this explanation for the baby’s death highly improbable. Casey’s actions scream conciousness of guilt which to me at the minimum equates to something she did or did not do that directly caused Caylee’s death.
I am just trying to think like a juror here. In the end, though, I would have trouble getting around the fact that she has been willing to sit in jail for 2+ years rather than give a reasonable explanation. If she did not directly cause Caylee’s death, why hide the body? and other arguments.
the Defense may think they have a doozy argument here, but in the end it is only obfuscation of the real issue. How Caylee died is not relavant in light of WHAT CASEY DID after Caylee died.
Got It.
That said, how she died in the crux of the charge against her.
B
Remember that Casey said that she “talked” to the baby on the telephone????? She said that to the police. By that time her daughter was dead. I wonder how that is going to play into all of this.
Well, well, I’ve been wondering what the Baez team has been up to. Just a reminder to whomever may be reading, “we’re” still here and waiting for May 2011. Blink, you should consider writing the State’s closing. Good job once again!
Thanks for the kind words, however, I think Jeff Ashton and Linda Drane Burdick need no help from me.
I continue to be so impressed with them, and I trust them without reservation to successfully prosecute this case.
B
Thank you for revisiting this defense possibility, IIRC, you raised this issue of the cranial sutures in earlier articles/discussions here.
Really revealing to see what Baez writes in his pleadings for the chiropractor/vehicle accident investigator/epidemiologist expensive expert witness. What field will Baez chose to include in the CV and will it reflect the focus of his opinion, as demanded by Judge Perry? Or will he again once again play word games with the state.
Ashton made the comment about the $575/hr deposition charges of Freeman to make it clear to the judge, that this expert, whom Baez advises ‘depose last as he has not finished his work’, has something worthwhile to the defense to pay these high fees.
Also, could Baez think that by putting Freeman last, the role of this expert in the minds of the prosecutors will be minimized, at least buying more delay time, giving the state less time to investigate his contribution and prepare for his opinions/arguments?
And, to the high cost of this expert, could Baez hope that this fee will deter the state from taking his deposition early just to ‘fish’ or plan less time with this highly experienced professional witness? The state would not do well to worry about ‘budget’ on this guy and question him early and not sign off, but return to him again in a few weeks time.
What we know, is that lawyer Ms. Simms will be with Dr. Michael Freeman at a professional conference in Seattle next March, so her travel could presumably be paid by the conference committee. Simms and Freeman are together, giving a day long opportunity for collegues to spend time with them in a full-day seminar.
Spend the bucks, Mr. Ashton!
(I think that Dr. Fairgrieve’s participation in a consulting role is going to be minimal. He does not write fiction nor will he likely do that for Casey!!)
Kleat, I am late moderating today and I could not be more thrilled I was able to write something Kleat-worthy, lol.
When you are revved- it is always a delight to see how quickly you progress research.
Kudos.
B
What do you think about the theories that the premature skull closing was caused by excessively drugging Caylee to sleep and causing her to rest her head too much on a flat surface (eg car trunk)? Could Dr F be needed to refute that if the prosecution suggests it?
Respectfully, I do not think that is even a realistic or possible theory.
B
I am still reading and rereading your article Blink.
But I MUST comment-
Bravo Blink & team-
First let me say, this new article is well worth the wait.
Next, Ashton certainly was correct when he stated that bloggers would certainly correct him & help to figure out how an expert in forensic epidemiology could be utilized in this case.
Interesting thoughts regarding Baez’ courtesy of letting Ashton know he should dispose Mr.Freeman last- Gee, that was out of character for him wasn’t it?
The sneaky way in which Baez seemed to try to suppress this information is under-handed at best. Especially since, as you pointed out, J Perry made clear that discovery has been going on for two years.
I do not believe Caylee died in this way either. I think Baez may have finally thought he got lucky, in getting a well-paid expert to opine on his field of study.
I agree with Carolyn S from ML-( & obviously you Blink)
Nothing Casey has done equates to an accidental death- or ugly-coping.
You don’t sit through an interview with police, and when given the chance to come clean- and tell the truth- helping yourself, your family & your daughter get some peace- you instead choose to keep up the sickening lie- your baby daughter was kidnapped & is alive- she just talked with you that day-
Hi Mommy- Oh remember my book & shoes…..
You don’t don’t lie to your family and toy with their emotions, You don’t refuse to see them- acknowledge them- You don’t sit there not helping LE recover your daughter’s remains- & Then After she is found- you don’t sit mute not coming forward to take responsibility-finally relieved that she has been found & the charade can stop- you don’t sit there for two years letting your defense point fingers at the public that helped search for your daughter- the man that found her-your friends, your ex-fiance- your ex boyfriends- your family and countless other innocent people to cover up an accidental death & improper burial.
Blink you wrote:
The problem with this theory, and make no mistake, it is wrought with problems, is that it is illogical, devoid of reason, and who is going to believe that a loving Mother whose child dies of natural causes tapes her face, dumps her in a laundry bag and tosses her to rot in a swamp on the way out of her parents subdivision?
–
If I may,
You forgot- leaves her in the trunk- -and equates the stench left behind to nothing more than two squirrels that were plastered to the frame of your car that you “got rid of”
Blink, any idea of Dr. Freeman’s theories being successful defenses in accident litigation? Probabilities of the death of a person owing to something other than the ‘accident’ itself.
BTW, does he work for insurance companies?
I don’t know that I can say that there is a direct link to Freeman, CM1 and accident litigation that I could call “his research”, no.
However, yes, CM1, in general has been used in litigation.
I think what is important is that we stay in the weeds on this one. As it relates to the possibility of a defense in this case, the walls of this tunnel are very narrow, imo.
Undiagnosed CM 1 with saggital synosotis ( possibility of another type but doubtful given what we know) with fatal outcome.
The presentation as I see it, would be one of “possibility” that could not be excluded. But again, does anyone think this girl is really capable of a confession to “after the fact” responsibilities?
This strategy does not fit their client’s best interests, imo.
B
Wow, this is very interesting to me because my six year old daughter and myself have Chiari Malformation. We looked into doing the hereditary study but at that time the woman running it had passed away and there was a stall in the research. It has been picked back up again and her work will be finished, but I think this just sounds crazy making.
Thank you for sharing that.
Keep in mind, imo, it is people like you that the defense takes a serious risk of alienating. You and your child have this condition, whereby there is no evidence Caylee or Casey ever did.
I presume that would be offensive to many that actually suffer from it.
B
It is my first time posting but I always read your articles, thank you very much!
Correct me if I am wrong, if JB intends to use this theory then will KC have to admit Caylee died in her care and for that would she have to take the stand to change her story that she left Caylee with Zenaida or not? In my opinion KC will be torn apart by the Prosecution anyway. It will be a gamble to put KC on the stand, but what do I know right?
My hubby says that JB will be using the “Chewbacca defense”, and sometimes I think he is right, defense will just try to throw smoke and mirrors and maybe as KC told Tracy, JB is going for a mistrial. I just hope the jurors won’t fall for this type of defense.
One more question, will Prosecutors be allowed to present to the jurors that KC stole from Amy?
Please and thank you.
Welcome FRG.
Under no set of circumstances, where I to represent Ms. Anthony, would I put her on the stand.
Casey Anthony is not a “new” suspect or accused murderer to these professionals. She and her team think because they pulled off a $275K windfall that the “wind” will come back into their sails. Hell to the No.
With reluctance I will admit from a professional analyst perspective, I would absolutely love to see it happen, but it will not.
Here is why-
Every idiot murderer thinks they can beat the system and be smarter, more innocent looking, more believable, more charming, more of a victim- blah blah.
At the end of the day, Casey Anthony is Inmate #X70160.
She is never going to wear heels “if the occasion calls for it”, and she is never going to do anything but lust after good smelling prison help.
I am not going to lose a moment of sleep with those thoughts in my heart for this girl.
I have lost plenty of sleep over the fate of her baby.
12 reasonable people will see it the same way.
B
Faculty of the College of Integrative Medicine
http://coimed.org/faculty.aspx
Note this college has expertise in radiology, ie: “Integrative Imaging, LLC” “unique, diverse approach to imaging, diagnosis…”
(ie: Caylee’s autopsy radiographs and other imaging techniques)
Of course, Dr. Freeman is listed on this college, as Faculty too, with link to his CV.
There is a Powerpoint file on the Research Projects page (doesn’t open for me)
“Chiara2.ppt”
http://coimed.org/researchprojects.aspx
Go to: http://coimed.org/AAOMNewsletters.aspx for a video “CASE OF THE MONTH: Chiari O and Cerebrospinal Fluid Obstruction”.
Will the defense add Dr. Hershfield to the list of expert witnesses before the end of the month?
Chiari 0 and Chiari 1 are the same, says Dr. Harshfield in the video
Blink wrote “In an unrelated published study, a three year old child with an un diagnosed CM1 died when exacerbating his unknown condition by a very minor bump on the head.”
(Chiari 2 is the ppt file under ‘research’.)
Dr. Harshfield says we have all had trauma from falling off tricycle, to forceps delivery at birth, to car accident. He thinks injury causes infaction in artery, causes MS etc, not some disease. CSF is obstructed because of chiari malfunction. Too much CSF, abnormal pressure hydrocephalis, Italy research shows patients dialated veins, problems in the internal cerebral veins and arterial flow impeded from getting in. (did someone say Baez went to Italy?)
He says the problem of CSF flow imbalance is ‘acquired’ (ie: trauma at birth, fall off trike, car accident)
What could this have to do with Caylee? Or a 32 month old caucasian female child? Many people have MS and grow to adulthood even before symptoms, so is chiari2 the type that causes early
Find this video here: http://coimed.org/AAOMNewsletters.aspx
George documents for the investigation, Casey’s fast and dangerous driving habits (in and out of traffic lanes on the freeway), Casey talks about accidents and George’s strokes, Casey used ‘got a headache’ to get out of meeting friends in her text mgs. Casey also documented her ‘two flats’ while according to Casey, she was driving DUI in her texting Amy, needs for tow truck money she never paid back, etc, another dangerous driving example.
There is Casey’s call to friends while Caylee missing– ‘Get off the table” Casey said as if talking to Caylee in the background. Oops, that could raise an idea of a ‘fall’/injury example, plus there is the questions the state and investigators had about Caylee’s birth, and level of difficulty, forceps trauma?
What are the chances that George had an MRI while he was hospitalized?
Wow Blink, what an interesting find. Do you really think they could have thought of that? Maybe with a little prompting. I imagine Baez thinks you piddled in his cornflakes, lol.
In looking at these conditions, it suggests you can have sleep apnea with sagital synostosis all by itself, but I believe all of these can be shown to be mere possibilities only and the end result is still the same. Dumped as trash. I think Caylee was a beautiful angelic child, and really doesnt look to me like she had any craniofacial malformations. I havent been following in depth as all of you, but I still had held out hope that Geo would speak the truth. Oh well so very sad.
I would like to believe that $275K, a bevy of some of the strongest and well connected legal minds might produce a defensible case in spite of the inexperienced and unqualified yutz leading this defense, yes.
I apologize if my comments come off as unprofessional, but I assure you, they are only that.
He had no business taking a capital case. He had no business telling this girl she could beat these charges.
He had no business doing it to raise cash.
That is what happened.
Your correct, though, this theory could only be presented as a strong possibility and on it’s own, will not work.
B
Correct me if I’m wrong, but I believe that Casey’s ankle chains slipped into the crack of the elevator…thus causing her to fall.
Please don’t tell me they will call THAT a seizure!
Not buying it…and I doubt the jury will, either.
Excellent article, Blink. I have read it twice and still not sure I understand the really detailed medical stuff but I get the gist. It almost sounds like Mr. Ashton might’ve had a clue about this experts possible testimony and so he zeroed in on this witness when speaking to the court. I have to believe both Linda Drane-Burdick & Jeff Ashton are sharp and don’t let anything slip past them.
I would not be at all surprised, no.
B
Wow! I couldn’t have imagined this kind of defense in my wildest dreams, nor could I imagine the loving Grandparents sitting still for this. Blink, this is fabulous and hard work. I don’t know how you find the time. I want to thank you for the heads-up on this one. This really angers me. I understand the job of a Defense lawyer, but this is outrageous.
TY, but this is not the job of a defense lawyer.
His job, if he were interested in his clients zealous representation and best interests, would have been to advise her to accept the state’s plea before Caylee was found, as it was a freakin gift.
B
well the CM1 sure is a forgiving disorder to Casey while she was out parting all the time- IF she has such
Does any one know if she was asked to pick out who Nanny was in a line up? that would be a telling sign in itself that she made her up.
She did not pick her out in a line up, in fact, she said it was not her.
B
One of the things Jose Baez said in court last Friday was prophetic;
“Short of a script of what they’re [experts] going to testify to, I’d be more than happy to tell Mr Ashton whatever he needs to know.”
Judge Perry;
“Since y’all can’t seem to understand what I meant the last time, this is what I’m gunna do;
It’s hereby ordered by this court; where experts have not prepared reports of examinations or tests, both the State and the Defense are required to provide the following;
-The expert’s curriculum vitae; the qualifications of the expert, the expert’s field of expertise or medical specialty.
-A statement of the specific subjects upon which the expert will testify and offer opinions.
-The substance of the facts to which the expert is expected to testify.
And last but not least;
-A summary of the expert’s opinion and grounds for each opinion.”
Yes annals.
I am not sure I was effective, perhaps on purpose, of articulating what a BFD that hearing was.
Cheney Mason looked sullen because he was smart enough to.
B
26.Sally says:
December 12, 2010 at 8:33 pm
Correct me if I’m wrong, but I believe that Casey’s ankle chains slipped into the crack of the elevator…thus causing her to fall.
Please don’t tell me they will call THAT a seizure!
Not buying it…and I doubt the jury will, either.
—————-
Hi Sally,
Chiari malformation can cause drop attacks in some patients (unrelated to seizure activity).
And I agree, a jury is not going to buy into any type of Chiari defense.
Bravo Blink !!
This answered why Mr Ashton brought up this witness and his fees to the court. I was expecting him to continue with the other expert names and was surprised when he did not. Baez looked absolutely defeated…LOL
With his “bloggers” comment, it’s almost as if Mr. Ashton was inviting Blink to get busy, put the pieces of this puzzle together and divulge the whole she-bang to the whole blogosphere. Maybe he was talking to you in code, Blink.
I think this case embodies the “power of the blog”, both good and bad.
B
Casey Anthony probably has below average cognitive ability. Too dumb to plan a death, too dumb to be a mother. That is the only defense that can get Casey Anthony jail time with hope of seeing daylight. Casey Anthony would need a IQ test showing a score around 60-80. Blame it on drugs, and being dumb is her only hope. A deal must be made before trial begins. Otherwise Casey Anthony will face the death penalty for killing Caylee Anthony!
I have no idea how people still think she lacks intelligence. Ambition, yes. Intelligence, no.
B
Thank very much Blink!
At times it seems KC and JB’s sinking ship are very confident so I get a little worried but it doesn’t last long because we all know what they are up against. I have confidence in LDB and Mr. Ashton.
I guess you are right! 12 reasonable people wil see through it.
Justice will be served for little Caylee!
Good work Blink!
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Blink, I could not agree with you more about Cheney Mason…did anyone else see him literally drop his head when Perry asked Aston if he concurred with Baez about the additional state experts? Perhaps he knew what was about to commence, and the outcome wasn’t going to be good for The Baez Law Firm. We’ll never know, but we can hope
I truly felt that Mason was embarrassed by the whole thing. Baez has never had sense enough to be.
Maybe he does not understand the term “reciprocal discovery.”
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You really caught my attention this morning with your new article involving Chiari I Malformation. We’ve been through hell over the past year or so because my teenage son has been having pain and pressure that may be related to CMI. He had an mri for an unrelated issue a couple of years ago, and the radiologist noted that he had CMI. But the neurosurgeons we have seen, who have been studying the latest findings of the disorder, don’t think that he has it. The jury is still out in his case. The most recent neurosurgeon we took him to says that Chiari is becoming the new catch-all disorder, sort of like fibromialgia, and it, in some cases is being too aggressively treated.
I know that it is a real, and often incredibly painful disorder that many people suffer from. I have heard so many horror stories of people who have it and don’t get proper treatment from their doctors. But I can imagine that it could become the latest fad-disorder that is over-diagnosed or misdiagnosed.
I am sorry to hear that. My research did not show it as a fad diagnosis except perhaps in accidents and/or workman’s comp, but there would still have to be evidence of it outside of symptoms through an MRI.
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I definitely don’t want anyone to get the impression that I am saying that it isn’t a legitimate and often very painful and debilitating condition. But from what I have read and learned from doctors and research, the condition is often misdiagnosed. In Long Island, NY, the Chiari Institute has helped many people with this disorder, but we were warned by different doctors and through other research to be cautious about going there. The Chiari Institute has been investigated for over-zealously operating on people who may or may not have this disorder. Our neurosurgeon also said that the diagnosis of the level of herniation is difficult to determine, because typically a child will have a longer tonsil distention than an adult. As the child develops, what may appear as a too long distention, will change as the child grows up. I cannot imagine how they could determine with certainty that Caylee had this disorder. But I guess they don’t have to prove it, just create a doubt.
That’s exactly correct, they could never prove or disprove it clinically, conversely, excluding it as a cause of death will be a battle of the experts.
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What a waste of 275k….There is no chance in hell she’s getting off!
Blink, you may not visit this case as often as you used to but when you do . . . WOW! Great, great article. THANK YOU so much for it. (I’ve read it twice and will have to read parts of it again as I am slightly dim). I hope it felt like a dagger through the defense’s black hearts. As you said, Caylee’s case could not be in better hands than Ashton & Drane-Burdick’s, (and may I mention that on top of being completely able to prosecute baby-killer, JA’s “Hotness Factor” escalated again last Friday ~ heh heh heh). Baez, on the other hand looks increasingly like a Weeble. Remember “Weebles wobble, but they don’t fall down?” I saw cheney’s head drop during the hearing on Friday. He should die of shame. I think it will be a long time before he can lay his clear head down on a pillow and have a sound sleep. Imagine shaming himself in front of his entire country? For that skanky little nobody! I think all of them will be dragging Caylee’s ghost and casey’s chains around with them for the rest of their lives, and that gives me a little satisfaction.
Awesome work Blink! When I first started reading the article, I thought they may be going down the path of Caylee being shaken and causing neck injuries. But that would be admitting some type of wrong doing by Casey, don’t know why I even had that thought!
Awesome Article.
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BeesKnees:I think all of them will be dragging Caylee’s ghost and casey’s chains around with them for the rest of their lives, and that gives me a little satisfaction.
It gives me great satisfaction. Well said!
Is it possible to win an appeal for incompetent legal representation?
Possible, yes.
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[...] This post was mentioned on Twitter by Ilene N., BlinkOnCrime. BlinkOnCrime said: Caylee/Casey Anthony Case: Will Expert Witness Order Reveal Jose Baez Defense Strategy?: Disclaimer– exclusive o… http://bit.ly/esbJwG [...]
When Baez said “quite frankly I don’t know why we are here”…..
I wish Judge Perry would have said, we are here Mr Baez, to ensure your client gets a fair trial, you buffoon!
What I would not give to have been inside his head at that hearing.
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I have another question to go along with Nanabanana’s question about incompetent representation.
Why isn’t Mason stepping up his involvement? However much or little he does behind the scenes, it’s Baez that’s front and center grandstanding and botching things up right and left.
I thought the intent of requiring A DP qualified atty was in part to avoid mistakes such as filing a response as opposed to emailing. Or actually taking care to know and understand JAC policy.
What’s up with the rookie being allowed to direct the course?
I have no idea wth given the length of his career and level of respect within the The Florida Bar, he would throw his hat in this ring to be led around like a sycophant.
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Coincidence maybe, but remember those first depositions of George, Lee and Cindy in July 2009, the ones for which transcipts were produced owing to the need to go to that expense because the state felt that this family had changed their testimony in serious enough ways, to warrant a detailed review?
Cindy stated in the interview of July 9th 2009, that Caylee would bang her head sometimes. I don’t recall this issue with Caylee’s behaviour or well-being, ever stated in Cindy or George’s very detailed interviews with the FBI, nor LE.
This won’t fly, who then would have been with Caylee when she had her fatal seizure? Someone will have to explain what happened, or what they observed surrounding the event. The child’s remains did not swaddle themselves nor propel themselves to the swamp for hiding under the overflow from Faye.
Judge Perry is making sure that Baez can’t try recuse the judge again tactics, ensuring that the state too, be mentioned in the order to the defense, so there can be no possible squabbles over favoritism and no way Baez has any come back from any direction. (well except to rant to media who will listen, about the ‘HUGE waste of resources because Judge Perry wouldn’t let Baez play out the trial prelims over the phone)
Xactly, and also the State had already complied, it is a formatting issue for them potentially at this point.
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