Caylee/Casey Anthony Case: Mock Trial On CBS- They Got The Mock Part Right- CBS Footing Bill For Richard Gabriel Defense Jury Consultant
On Saturday evening, Central Broadcasting Service, the second major affiliate to pay Anthony family members for “licensing”, $20,000 for the 48 hours segments, aired what was labeled as a pseudo mock trial with a pseudo mock jury.
CBS 48 Hours also STATES THEY COMMISSIONED the focus group. Are we clear on that? CBS has outright admitted to contributing to the costs of the defense expenditures of Casey Anthony. That is a source of income to this defendant, period.
It was not until one tuned into the program that we learn what was billed as a mock trial of sorts, whereby previews show jurors would acquit Casey Anthony based on the evidence to date, of 1st degree murder, that this is actually a “focus group” where the moderator, Richard Gabriel, President of Decision Analysis, actually works for the Anthony defense team.
Richard Gabriel: President
Richard Gabriel is the President of Decision Analysis. Since 1985, Mr. Gabriel has been a leader in the field of jury research, jury selection, and litigation communication in nearly a thousand trials in both the civil and criminal arenas across the country. Mr. Gabriel has assisted counsel in the O.J. Simpson, Heidi Fleiss, Phillip Spector, Enron Broadband, and Whitewater trials, and is currently working with attorneys in the Casey Anthony matter. Three cases he has participated in have resulted in United States Supreme Court rulings.
Judge Perry denied Jose Baez’s request for payment to Richard Gabriel as a jury consultant to the defense. In some fashion, we must assume he is paid.
I say that facetiously- this man is the Jack Welch of jury consulting and influence. During the broadcast, host Troy Roberts discloses that CBS is footing the bill, as a thinly veiled disclosure of sorts.
Say what you want about Gabriel, he is pioneer in his field, and he is being paid to do what he was hired for.
In a pre-trial engagement, the focus group is the pre-cursor to an actual mock trial, should the defense engage the further services of Decision Analysis.
Forgive my oversimplification for a moment, but in layman’s terms, this is a straight up product development strategy, exactly the same in process as any major consumer brand attempts to develop or re-brand something they want YOU the consumer to purchase in abundance.
The “re-brand” in this offering: THE INNOCENCE OF CASEY ANTHONY FOR THE MURDER OF HER DAUGHTER CAYLEE.
As a former Advertising Professional, this epiphany gave me my first chuckle for the hour.
Allow me to present a hypothetical scenario, I say hypothetical because hypothetically my former client would have requested a confidentiality agreement with my firm of course.
Scope: Recruitment Initiative, Conduct, Moderate and Quantify Result of Focus Group.
Account Supervisor: Deena Whitman Draper
Project Code: Condiment Verdi
Let’s start with the recruitment. It is mission critical for any part of the focus group to even matter, to secure the right market analysis which personifies the optimum “buyer” for which the product analysis is being conducted.
In Law: We replace the “buyer” with the juror, or the trier of facts.
In last nights episode, we were never told how this group was recruited. We do not know if everyone of those folks are paid actors. We do not know if they are members of any one’s family affiliated with this case. We do not know if any of them thinks Casey Anthony dancing on a table with her bewbs popping out of her dress, paid for with stolen funds, which resulted in her felony conviction.
You get the gist.
Focus group participants ARE PAID. Focus groups appearing on CBS 48 hours are PAID WELL. Focus group moderators are PAID. Jury Consultants posing as focus group moderators make a freaking fortune.
WHO IS PAYING ALL OF THESE PEOPLE WHEN THE CLIENT IS INDIGENT???
I digress. Please allow the following example in demonstration.
Project Summary Excerpt:
The focus group for Project Condiment Verdi indicated an overwhelming negative reaction to the proposed product offering. This data is further supported by the market trend analysis presented in Exhibit A. Ms. Draper, Account Supervisor to BEINZ, outlines some additional launch concerns in the forward thinking section of the recommendation outline, including, but not limited to, a child’s association with similar substances of similar hue and viscosity may be mistaken for said product and be harmful.
The recommendation of this project director is that BEINZ abandon exploring additional R&D and launch options for this product. Moreover, in the event that BEINZ elects to move forward with Condiment Verdi, the undersigned does not feel that our firm could best represent Beinz’s interests for a launch design or additional campaign needs for this product.
You see where I am headed with this, right?
The hypothetical client launched anyway, and it was an abysmal failure.
Expensive focus group, expensive launch, expensive loss.
The BAEZ LAW FIRM is no stranger to expensive losses, however. It would seem that although Casey Anthony and members of her family, were the recipients of at least $275K from abc, a large amount of which is still unaccounted for, money is no object.
Also appearing on the 48Hours episode and introduced as a former member of Casey Anthony’s defense team, Linda Kenney Baden discusses what is not in evidence.
Did I miss a release floating around somewhere? Would the fact that she is former council for the defendant in the instant case PRECLUDE her from discussing what is tantamount to work product? Who waived this privilege for her statements?
Additionally, as she claims to have departed from the defense team in October 2010 due to the inability to pay travel expenses, who is paying for her travel expenses and any monies for her appearance on 48 hours?
People- she still works for Casey Anthony as a consultant, she was present and identified at the deposition of Dr. Timothy Huntington in January 2011.
Again, I say, how is she being paid now?
In theory, if an attorney withdraws their appearance, in her case, pro hac vice, can they return as a consultant paid for by another source? YOU BETCHA.
Last Friday Jose Baez argued before the court that he has concerns that his client would be unduly influenced or PREJUDICED by pre-trial publicity in this case.
He was of course denied, because contrary to what has seemingly occurred to date in this case, the Supreme Court of Florida does not give a rats azz about Nielson.
Short Version: CBS and this defense has engaged Richard Gabriel and Decision Analysis for EXACTLY the purpose of influencing potential jurors. Says so, right on his webume.
Is that the role of the media during sweeps now?
Sometimes, successful longevity tested products DO gain some alterations to their iconic reference.
For example, a fave of mine as a kid, and widely sold to this day in hundreds of variations of product distributables, is also used synonymously with suicide and altering rational thought.
Don’t drink the Cool-aid folks. Drink the Kool-aid. Big difference, one is real.
Wow. What a novel concept.
Influencing criminal case outcomes to sell more advertising based on consumer interest.
I certainly hope the net result of that is not maternal homicide for diaper ads cash to get away with it.
What next, “Big things come in little packages” on the side of a funeral urn?
Be appropriately horrified. Do something about it.
Copy Editor: Madeline Tanner
Image By Klaasend.