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tv   Defending Casey Anthony  MSNBC  November 10, 2013 3:00am-4:01am PST

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everything that you think you know about the casey anthony case is probably wrong. >> it was a trial of epic proportions. >> the state of florida versus casey marie anthony. >> every flinch under the microscope of the press. but behind the scenes, there was another story. how the casey anthony defense team pulled off one of the most unexpected victories in history. >> we the jury find the defendant not guilty. >> a secret autopsy in the middle of the night. >> i went to walmart at 3:00 in the morning to buy a saw to saw open caylee anthony's skull.
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a covert offer of a plea deal. >> casey, i have to tell you what the offer is and you must consider it. >> death threats, questionable evidence, and what seemed to be a rush to judgment by the police. >> this is information that law enforcement had and completely ignored because they had murder on their minds. >> it was all blended with the confused mind of casey anthony, who according to her lawyers, lived in a fantasy world of her own making, a world which shattered when they say her young daughter accidently drowned in the family swimming pool. >> this was a very common accident that happened to a very uncommon group of people. >> now, the inside view from the people who made her case. go behind the scenes for the untold stories of defending casey anthony.
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it's the middle of the night, christmas eve 2008, orlando, florida. at a small funeral home along michigan street, both the local and national media are following the remains of caylee anthony. six months earlier, caylee had disappeared from her orlando home. now her mother, casey anthony, is in jail awaiting trial on murder charges. jose baez, casey anthony's lawyer, has gathered a group of defense experts to examine the dead girl's remains even though it's christmas eve. the details of what is about to happen here under the cloak of darkness have never before been made public. what the defense team discovers
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in the next few hours will become one of the key pieces in its case. >> it was late at night and the reason for that was the media had somehow received, i guess from the medical examiner's office, where caylee's remains were going to be taken, what funeral home. so they had their media trucks parked outside and that's not something we wanted to deal with. we wanted to handle caylee's remains with dignity and with care and not turn it into a media circus. i think the media trucks being out there was in poor taste. i told them to go away. of course, they didn't listen. they didn't care. a story was more important to them than dignity. >> he called me and said, we have the body. when can you come down? can you come down tonight? and i said, well, yeah, i can come down tonight. >> so we decided to wait until
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after the 11:00 news knowing that they would pack up and go home and that's exactly what they did. >> i come in, there's a whole bunch of boxes perfectly, neatly, beautifully arranged. it looked like christmas presents. one on top of the other. this contained the spine, that contained something else and something else, all nicely arranged. and one square box and inside was the skull. i opened the box and the head is not opened. >> the very first thing he saw and noticed was that the skull had not been opened. >> that didn't make sense. how could you not open the head? >> the reason that opening the skull is standard protocol in any autopsy, whether it's a full fleshed body or a skeletal autopsy is so that you can get the best possible view of what
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is going on inside that skull. in the endocranium, as we call it. in this case, one of the things you would look for is microfracturing, tiny fractures that might be in there that are not visible. why would you look through a little tiny hole at the base of the skull with a flashlight or mirror or whatever when you can open the top of the calvarium and have a perfectly unobstructed view. also, you can then look at that under imagine magnification. you just want to see what is in there and you haven't done a complete job if you haven't looked at what's in there. >> he just kept going on and on and on about the skull not being opened. >> i said to the funeral director, do you have a saw? i need a saw? he said, what kind of saw? >> i said, it doesn't matter. i just need a saw. so he said, i have one saw. >> they gave him this very rusty old saw and dr. spitz began to try and saw caylee anthony's skull opened.
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>> i tried to open it. i worked on it for two hours. i cannot open it. i said, you see, i cannot open it. this thing doesn't cut. i get you a saw. >> this had to get done and it had to get done by daylight. i said, i'll go get you a saw. i went to walmart at 3:00 in the morning to buy a saw to saw open caylee anthony's skull because the medical examiner didn't do it. as i'm walking around, people are recognizing me, i'm sure somebody had to be scratching their heads on that one. and then i remember getting up to the cash register and every tabloid newspaper had caylee and casey right there and here i am with a saw paying $4.99 at the walmart at 3:00 in the morning.
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>> he came back about half hour later and he brought a saw. it took maybe five minutes. to not have opened it, it was a failure. it indicates the shoddiness of the autopsy, the lack of curiosity. you don't leave any stone unturned. >> the orange county medical examiner, be dr. jan garavaglia testified she did not open the child's skull during her autopsy, because she could already see inside of it. >> the police had early indications that this may be a drowning case and did nothing with it. and you have to open the skull to see evidence of drowning. >> dr. spitz was able to saw open her skull and, wow, it was unbelievable. >> at trial, the defense said dr. spitz's discovery proved that caylee's body had been moved after casey anthony was arrested and that the orange county medical examiner was
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wrong in saying that caylee anthony was murdered. the defense said, sediment found inside the child's skull showed the body had been moved long after the child's death, meaning someone other than casey had access to caylee's remains. >> dr. spitz found what is exculpatory evidence, that is the distribution of the sediment inside the skull showed that the body had been moved. it was important because our client was in jail. our client would not be able to move that body. and i think that's extremely important. also, dr. spitz came to the conclusion that you can't make a determination as a medical examiner that this is homicide. >> this could have been the single piece of evidence that we ended up discovering that busted the case wide open. no one knows that story. coming up, a secret offer of
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a plea deal halts the casey anthony proceedings and forces doctors to decide whether casey is competent to stand trial. >> and then the judge stopped the trial and had three doctors evaluate her that evening. what if the plane gets delayed? what if i can't hide my symptoms? what if? but what if the most important question is the one you're not asking? what if the underlying cause of your symptoms is damaging inflammation? for help getting the answers you need, talk to your doctor and visit crohnsandcolitisinfo.com to get your complimentary q&a book, with information from experts on your condition.
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it's early may 2011. the casey anthony defense team is about to enter a critical phase. jury selection. but jose baez is told the team's jury consultant cannot afford the trip to florida. >> we were forced to look for another jury consultant to help us pick this jury. we ended up finding a jury consultant and she couldn't come initially but she said that she could send one of her associates that worked with her and that the associate would monitor and
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make reports and send it back to her. i said, okay, if this is someone who is trained and knows what they're doing, fantastic. >> the man's name is jim lucas. >> we decided, okay, we're going to have our first jury selection meeting. so we're sitting in this cheap hotel and dorothy, i like to call her the hippy of the bunch, she's making peanut butter and jelly sandwiches for us and we're all sitting around talking about the type of jury we're going to select, how we're going to do things once we get the jurors' names. we had absolutely no background on these jurors. we turn to the jury consultant and just out of curiosity i said, i'm curious, how many death penalty juries have you picked? he looked at me and paused for a minute and i could see his nose crinkling up and his eyebrows coming together, and i
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thought he would say, what, are you stupid? we've done hundreds of these. >> jose asked him how many capital murder cases he's been involved in and he said -- >> i've never picked a jury before. >> none. >> and my jaw dropped. and he said -- and he says, i'm a trial graphics guy. what are you talking about? >> yeah. and jose and i -- oh. >> and i said, oh, no. and everybody in the room just looked at each other like, we're up the creek without a paddle here. since this case began i've been trying to master the art of taking something negative and turning it into a positive and with him it was very easy because i knew i was going to have to give an opening statement after jury selection. >> baez knows his opening statement will be more than two hours long. he puts jim lucas to work creating a highly complex trial graphics package. >> every night after jury selection, i would go into his
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room and we would work on the opening statement exhibits, which ended up being the most elaborate display of exhibits ever used in a criminal courtroom that's been nationally televised. >> what is a full house in the courtroom today, more than 50 seats handed out for the public but the system for handing out seats to the public has changed as a result of people getting into fights and people camping out. >> the big key difference between watching the trial unfold on television and actually being in the courtroom is you could look at the jurors and see their reaction to things. i remember one moment where the prosecution and a witness were going back and forth and the jury themselves were going back and forth, like spectators in a tennis match. they would look at the prosecution, they would look at the jury. they would look at the prosecutor, and the jury, and
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back and fort. what is also interesting, that you couldn't tell on tv, that the jury and the defence table, including casey anthony, were face-to-face. normally the defense and prosecution face the judge and the jury is off to one side. because of defense concerns about reporters looking at notes and being able to hear conversations, they asked the judge if they could move up against a wall. so when they did that, they were now face-to-face squared off with the jury. so anything that happened, the jury could look directly at casey anthony to see if he was eliciting any kind of a reaction. i have never seen that play out that way before. >> throughout the more than three years of defending casey anthony, jose baez and his team of lawyers and experts faced dozens of hurdles. though they believe in their client's innocence, baez says a true test for everyone involved came partway through the trial when prosecutors offered casey anthony a plea deal.
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>> the lead prosecutor came over and she said to me, you know, all i really want is the truth as to what happened. linda and i discussed the possibility of allowing casey to plead out to count three, which was aggravated manslaughter of a child and when i asked her what she had in mind in terms of years, she said that she couldn't go below 30. however, that she would allow us to plead to judge perry and allow him to decide. we then went and saw casey. whenever you're in a death penalty case, you must, under your professional obligations, one, convey the plea to your client and, two, pursue a resolution. so it's not a situation where we felt in any way that she was guilty or she was going to lose the case. it was really more of us exercising our professional responsibility. behind the defense table there's a door where she comes in and out of and right behind that door is a small little holding
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cell and we're all tightly squeezed in this room and we start talking to her and we say, listen, we have been offered a plea to count three and casey was, no, stop right there. i'm not interested. i said, casey, you have to hear me out. i have to tell you what the offer is and you must consider it. we then told her what the offer was. she said, okay, i've considered it. the answer is no. and she said, listen, i'm innocent. i'm not going to plead guilty to something i didn't do and that is the end of it. to this day, when i think back about that i certainly know that i don't think i would have had the courage that she displayed. after casey refused to even consider it, that is when we went sidebar with the judge and
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cheney mason had suggested that perhaps she was incompetent to proceed, not necessarily because he actually felt she was incompetent at that time, but when you have a situation like that where logic tells you, you know, you should listen to all options and you're hearing something else, that is where i think cheney made that decision and then the judge stopped the trial and called it a legal issue. >> all right. both sides concur that a legal issue has arisen -- >> and had three doctors evaluate her that evening which all came back and said that she was competent to proceed. coming up, with the case cleared to move forward. attorney jose baez puts casey anthony to work preparing her own defense. >> she passed me her written report where she was able to intelligently articulate where law enforcement had made gaping mistakes. asthma doesn't affect my job... you were out sick last week.
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hated women in america. though much of the public believes that casey anthony is a cold, man ipipulative woman wilg to kill her daughter just so she could go and party, members of the defense team describe a different young woman. >> casey is a remarkably young woman and one of the toughest people i've ever known. >> what a great mother she was, or the prosecution witnesses, did you hear that part? >> i like casey anthony very much, i still do, and i find it appalling that people will not let her get on with her life. >> according to lead counsel jose baez, anthony helped develop part of the defense strategy that he used in court. >> casey was very involved in her case. there was a time where cadaver dogs were an issue and prior to this case i hadn't had any dealings with cadaver dogs before. drug dogs, but never cadaver dogs.
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one day i bought a book on cadaver dogs. i brought it to the jail, casey and i discussed it, and i told her what i wanted her to do was to read it and give me an outline, based on our facts. two days later, i was at the jail and she passed me her written report. i don't know if a seasoned lawyer could have prepared a better report where she was able to intelligently articulate where law enforcement had made gaping mistakes and some of those i used in pretrial and trial hearings. i don't think people want to hear about that casey anthony. people want to hear about the casey anthony who's cold, callous, a party girl. that's what draws people to watch the news at night. you know, there's no room for the facts in the headlines. >> in order to prepare for trial each day, baez has several rituals, including finding
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solace at a florida lake and doing his own version of trial watching. >> you know, if you want to be the best, you study the best. i have a huge collection of some of the best trials that i've seen some great lawyers do and in the william kennedy smith trial, roy black was questioning the alleged victim's friend who had stolen a vase from the kennedy compound. and what he did while he was cross-examining her was a brilliant thing. he took that vase and he placed it on the witness stand. and while he was cross-examining her, he left it there because this was an item that she had stolen, she kept looking at it, and you could see how uncomfortable she was. >> baez uses the same technique when question iing george, abou duct tape found on gas cans
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stolen from the family garage. >> this gas can and another gas can that i had, two were taken. >> duct tape that prosecutors believe was used to wrap caylee's body and duct tape that the defense says belonged to george anthony, not casey. >> august 1st of 2008, sir, did that gas can have duct tape on it when you gave it to the police? >> it possibly did. i don't remember. >> when i cross-examined george anthony, i took those gas cans and i put them right in front of his face on the witness stand and i left them there on purpose and i continued to cross-examine him and could see how uncomfortable he was with the gas cans staring at him in the face. it's a psychological battle that is going on and i could tell right there and then it was really bothering him. >> in court, baez says the prosecution's version of the duct tape story is all wrong. it did not cover caylee's mouth. instead, he offers a very
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different take of what was found at the crime scene. >> about 25 years ago the anthonys had a dog in ohio that had to be put down. casey was about 2 years old at the time. the vet showed george and cindy anthony how to wrap up and bury their pets which involved wrapping them in their favorite blanket, putting them in plastic bags, and then wrapping duct tape around the bags to keep the bags tightly wrapped. >> over the years, several of the anthony's pets had died. they have four buried pets in their backyard now and each and every one of them were buried this way. this is exactly how caylee's remains were found. we knew the argument would be made, well, it could be anyone in the anthony family who knew this but what we found telling was that george was constantly
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communicating with law enforcement and cooperating with them and this was silent. no one from the anthony home had ever told law enforcement, wait a minute, that's how we buried our pets. you couple that with the fact that the only piece of duct tape that was at the home was attached to the gas can that he reported stolen to the police nine days after caylee died and about three weeks before caylee was reported missing, the rest of the roll disappeared. three weeks after casey is locked up in jail, the news films him with a nearly full roll of duct tape at a command center where he was passing out flyers of missing caylee. >> today while reviewing unaired footage from the archives, we noticed this roll of duct tape, an item that detectives had never seen until now.
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>> after last being seen with george anthony, that duct tape was never seen again. coming up, jose baez gives an insiders view into the confused mind of casey anthony. >> after you look at this, does her behavior during those 30 days seem so odd? i don't think so. i don't have to climb up. did you notice how clean it looks? morty are you listening? morty? [ morty ] i'm listening! i want you to know. morty are you listening? morty? my dna...s me. it helps make me who i am every piece is important... it's like a self-portrait this part.. makes my eyes blue... so that's why the sun makes me sneeze... i might have an increased risk of heart disease... arthritis gallstones hemochromatosis i'll look into that stuff we might pass onto to our kids... foods i might want to avoid... hundreds of things about my health... getting my 23andme results it really opened my eyes...
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hey, i'm veronica dela cruz. locals from the philippines said the death toll could reach at high as 10,000. the typhoon is expected to make landfall sunday. and a judge tossed out rapper dmz's bankruptcy filing. his biggest debt is over $1 million in child support to some of his ten children. i'm veronica dela cruz. now back to the program.
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>> that's all? okay. you can koeeep this one. >> a conference room in the orlando office of jose baez is filled with files and exhibits from the casey anthony trial. >> a year before caylee passed. >> for the first time since anthony was acquitted, baez examines the exhibits. baez says it's because of these trial graphics that the jury was able to see through the holes in the prosecution's case. >> this first one is a testimony of dr. garavaglia and the three reasons as to what she gave as to why she called it a homicide. when you look at each one, they don't necessarily involve any type of medical training. >> most people haven't seen a human decomposition stain. so we had one of our experts, tim huntington, show a photograph of what a human decomposition stain is.
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and that's what it looks like. so as you can see, it's a sticky, greasy, disgusting kind of material and once it soaks in, not even professional cleaners can get it out of a carpet. this is the trunk of casey's car. you can clearly see that that is not anywhere near a human decomposition stain. that's why we called it a phantom stain. we put up all of these people and challenged the jury to remember who these people were and what they testified to. i said, this is what the state brought you. and if you can remember who they are and what they testified to, wonderful. but the one person they didn't call was this person, who was the man who found the body. how do you not call such an important person as it relates to the facts? this here is a photograph taken of casey when she was 7 1/2 months pregnant at a wedding of her uncle and everyone at the
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wedding wanted to know who the pregnant girl was and you could clearly see that casey was pregnant here. what everyone claimed, including cindy and george, was that they didn't know she was pregnant and i think this was a great photo to be able to show the dysfunction in the family and how they hid her pregnancy. why, no one will ever know. you can't deny that you're looking at a young, pregnant girl. when you have parents who are a nurse and a cop, you would think that they would have known. but both cindy and george testified that they had no idea she was pregnant when this photo was pregnant. >> they hid this child, this beautiful child, in life. you can best believe that they would hide her death. >> these are the photos of the pool where caylee was walking up the ladder. this was taken almost a year before caylee passed and you could see how barely cindy is
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holding on to her and she could climb up on her own. this picture i think is most telling. cindy's not even down on the ladder and caylee's not afraid of the water. she's jumping in on her own. this is information that law enforcement had and completely ignored. because they had murder on their minds. this photo, i think, says a thousand words. we found this actually in the middle of the trial. and one day on a sunday we were here working and i told one of my associates i want all of the photos of the pool so we could show that they always took the ladder down and he called me into his office and he said, you've got to see this. you're not going to believe what i found. we walked in and looked at this photo and there's -- our jaws just all hit the ground. no one takes a photo of a child opening a door. and this is six months before caylee passed.
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you can clearly see that she had the ability to open the doors on her own, and that there were no child safety locks. this was the big aha moment in the trial when it came to the chloroform searches. >> prosecutors believe casey researched how to make chloroform on her computer more than 80 times. to figure out how she could use it to incapacitate her daughter caylee and the traces of it were found in the trunk of casey's car. >> this guy, steven stenger, prepared two reports. he ran this early on in the case and then four or five months later he went to a seminar being held by this gentleman, john bradley, and tried this new software out and the software came up that she had been to that website 84 times. when in all actuality, this was
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a software that was unproven, whereas this one was and this one showed that the website was only visited once and 84 times was myspace. a lot of people think computer evidence is solid and nothing could be further from the truth. this right here talked about the levels of chloroform. now, it's important to know that when it comes to chloroform, chloroform is in everything. your drinking water has chloroform. chloroform is in cleaning products of all different types. it's a chem. what's important were the levels of chloroform. the one witness that they had that said that the chloroform levels were high was dr. arpad vass and he's not a chemist. he's an anthropologist. as i was doing my closing arguments, i wrote that this is a state's expert. this is another state expert. this is another state expert. and this is the only defense expert and all of them contradicted dr. arpad vass.
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>> throughout the trial, prosecutors keep hammering at casey's behavior after her daughter disappears, the infamous 31 days when casey did not report caylee missing and instead went out partying. for baez, other than a lack of physical evidence, one set of circumstances is the most telling about what went on with casey anthony. >> this is really my favorite exhibit and i call this one casey's imaginary friends. these are all of the people who she made up in her life, long before caylee died. this nanny that she talked about for two years, this imaginary boyfriend that she had who had a son named zachary and then his mother's name was jewels. her boss at universal, tom manly.
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another boss, thomas frank. caylee's father. raquel ferrel and zani's mother, zani's sister. and this is the world that casey lived in. and this was long before caylee died. cindy anthony testified to each and every one of these individuals and with great detail and what i found fascinating was that cindy said the day that she was supposed to meet juliette lewis, they all went to universal studios and they waited in the parking lot for juliette to show up for an hour and a half. now, think about that for a second. you're sitting there with your mother for an hour and a half. that's the length of a movie. waiting for someone to appear that doesn't even exist. i found that to be shocking to the point where i don't think
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the jury could ignore it. >> the defense says casey created this imaginary world as a coping mechanism because her father subjected her to sexual abuse since she was 8 years old, something george anthony denies. >> and it all began when casey was 8 years old and her father came into her room and began to touch her inappropriately and it escalated and it escalated. >> after you look at this, does her behavior during those 30 days seem so odd? i don't think so. this is an incredible amount of detail describing the life that a young 22-year-old girl was living in when, by a tragic accident, the most precious thing that she had in her world died. a lot of people that live completely normal lives and
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don't have this going on in their life would find that in and of itself very difficult to deal with. can you imagine what someone who lived in a life like this would react? that was the sum of our case, is this was a very common accident that happened to a very uncommon group of people. coming up, members of the defense team are threatened with death. >> i began to receive threats that i was going to be killed. i was going to be tortured to death, i was going to be shot in the head and be dead by nightfall. across america people are taking charge
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prior to the summer 2008, not many people outside of florida knew jose baez. now because of media coverage,
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he's a household name. >> jose baez. >> jose baez. >> jose baez. >> casey anthony chose her defense attorney jose baez on the recommendation of another inmate in her jail cell. from july 2008 until july 5th, 2011, jose baez and the defense team were immersed in one of the most contentious trials of the 21st century. steve helling wrote about the case for "people" magazine. >> when jose baez first took over this case, he wasn't used to dealing with the media. >> if the media would microanalyze anyone's family, they can certainly come up with more than that. please stay away from mine, by the way. >> he thought all of the stories that would be out there would be a little more pro casey than they were. he had to learn how to deal with
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the media that he felt had burned him and i think at some point he realized, you know what, i can't talk to the media anymore because they all think that my client is guilty. >> i've been involved in a number of high-profile media cases, phil spector, jason williams. the pretrial hearings of michael skakel. i have never, ever seen the kind of venom that was being spewed at jose baez. in my opinion, it was just appalling. i had never seen anything like it. and a lot of it was coming from the public and driven by the local media. and i also was concerned that in this was occurring, because he was not a member of the good old boys network. he was a young, hispanic lawyer. >> i know for a fact that a lot of my co-workers and come of the co-counsel that i had on board strongly felt that i was being discriminated against because i was hispanic, specifically by members of the media and local bar. there was an individual that came to me one day and told me
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that they heard a reporter in the media room saying, well, that's what you get for hiring a puerto rican lawyer. >> so with that being said, i'll go ahead and make a brief sound bite for the spanish media. [ speaking in spanish ] >> i got a lot of who i am as a lawyer from the miami-dade public defender's office. you're taught to have a certain type of mentality, a warrior's mentality. you're going to war and you're fighting for someone who can't fight for themselves. i don't claim to be the smartest person in the room but i don't think you're going to find someone who knows the record better and who's going to work harder than me. i know for a fact that in the anthony case i knew more about that case than anyone in the courtroom and when the opportunities showed up, i was able to capitalize from my knowledge of the facts and take advantage of the fact that they did not.
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>> other members of the defense had issues as well. attorney dorothy sims knows what it's like to feel fear. wondering if the next person she meets is going to kill her. during her time serving as co-counsel for the casey anthony defense team, sims' office was inundated with hate mail, phone calls, and death threats. >> this isn't all of the mail i received. this just is tasting, a flavor. i received birthday cards on caylee's birth with personalized messages for the defense team. we were online told that we are going to rot in hell. karma's a bitch, you'll get yours, that kind of thing. actually, until this day, i had never read these.
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i told my secretary to just put them aside. these are some profoundly disturbed people. we received letters purportedly written by caylee. we received phone calls purportedly by caylee. >> there were people that would call or sent letters and things threatening to kill my wife and kill my children and kill my grandchildren. threatening my mother-in-law who lives with me part-time. she's a real threat to the world. she's 88 years old and a hundred pounds. >> it was bad. i had to be more careful about my own personal safety, because i began to receive threats i was going to be killed. i was going to be tortured to death. i was going to be shot in the head, be dead by nightfall. you're disgusting. i'm trying to find one that can go on tv. you're a sorry excuse for a human being. how could anyone respect you? i shamed my state that i grew up in, kentucky. i don't know how one can shame an entire state, but i managed
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to pull that off. >> just the nastiness. one e-mail i got talking about, you should watch your children. i think that's outrageous. outrageous. coming up, the defense reveals it has one last secret weapon. the prosecutor. jeff ashton. >> depending who's asking the questions whether it's this laughing guy right here, or whether it's myself -- >> sustained. approach the bench. [ man ] i wanna be a pilot. [ woman ] i'd be an architect. what if i told you someone could pay you and what if that person were you? ♪ when you think about it, isn't that what retirement should be, paying ourselves to do what we love? ♪
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♪ hey, that's the last crescent! paying ourselves to do whoh, did you want it? yeah. we'll split it. [ female announcer ] made fresh, so light, buttery and flakey. that's half. that's not half! guys, i have more. thanks, mom. [ female announcer ] do you have enough pillsbury crescents?
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casey anthony's lawyer jose baez says that during the trial the defense had an unexpected but welcomed ally. the prosecutor, jeff ashton. >> for a very long time, we knew that jeff ashton was going to have a difficult time controlling himself. he had a reputation of being a highly emotional guy. there was a moment where i
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wanted to make sure that the judge informed the prosecution that what we said in chambers stays in chambers. i looked over at jeff ashton. i could see him getting all visibly upset. it was somewhat comical. i leaned over and said are you all right? he just screamed no, i'm not all right. he just lost it. and the judge scolded us both. it was right there and then that i knew i was going to be able to get under this guy's skin at will. our goal was to give him enough rope to hang himself. and a lot of people made a big deal of him laughing during closing arguments. before i got up and completed my closing arguments, i said, your honor, he's laughing again. and the judge said, well, i can't see him. and i knew, okay, i'm on my own
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with this one. >> and they take this photograph -- >> i was in the zone. i was going point after point after point after point. >> but the only one that it ultimately connects to is george. if this is their murder weapon -- >> and there was a moment where i looked over to my left and i wanted to point to george anthony who was in the gally and i could see jeff ashton laughing. >> he could get up here and lie all he wants and dance around the truth but the truth is the truth. and he -- and depending who's asking the questions whether it's this laughing guy right here or whether it's myself. >> objection. >> sustained. approach the bench. >> and he was busted. the jury looked at him. but it wasn't anything that surprised anyone that was in the courtroom. he had made tasteless jokes in the middle of a murder trial that included the death of a baby. we always knew, in fact we joked around on the defense team. we called him our fourth chair
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meaning he was really working for the defense. >> let the record reflect that the defendant is present along with counsel. both sides ready to proceed? it has been brought to my attention that the jury has reached a verdict. the state? >> the state is ready. defense? >> defense is ready, your honor. good afternoon. have you reached a verdict? would you hand the verdict form to the court deputy please. >> when the jury verdicts were handed to the judge, i saw the change in his expression but i didn't know what it meant. i'm saying, huh. my instincts are starting to say, there's something going on here. >> when the verdict sheet was handed to judge perry, if you look at the tape and you can check me because maybe my witness testimony is the worst type of testimony. maybe i'm wrong. but i remember that he looked at it and then looked at it again as if he couldn't believe what he was seeing. so i said to myself, i think
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there's a not guilty here. >> would the defendant rise along with counsel? madam clerk, you may publish the verdicts. >> in the circuit court -- >> then when the clerk stuttered, i know that she expected guilty verdicts. >> as to count one, we the jury find the defendant not guilty so say we all dated at orlando, orange county, florida, on this fifth day of july 2011 signed foreperson. as to the charge of aggravated child abuse verdict as to count two, we the jury find the defendant not guilty. so say we all dated at orlando, orange county, florida, this 5th day of july 2011, signed the foreperson. as to murder of a child, verdict as to count three -- >> i remember casey turned to me and she said thank you. i remember i touched the side of her head like, you know, we did
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it kiddo. >> this case has brought on new challenges for all of us. challenges in the criminal justice system. challenges in the media. and i think we should all take this as an opportunity to learn and to realize that you cannot convict someone until they've had their day in court. while we're happy for casey, there are no winners in this case. caylee has passed on far, far too soon. and what my driving force has been for the past three years is always to make sure that there has been justice for caylee and casey.
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sorry seems to be the hardest word for republicans. let's play "hard ball." good evening, i'm in for chris matt use. leading off tonight who deserves the real apology here? agreement in washington the a rare thing. but there's recognition that the rollout of the affordable care act is a mess. president obama acknowledged that his baby, is sick. he's owned up to the failures of the team which b

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