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Defense Proving or Disproving Their Theory?

It’s been over a week since the defense opened their case in the State v. Casey Anthony trial and their attempt to refute the state of Florida’s allegations that Casey Marie Anthony murdered her daughter in the first degree in 2008, may be a complete failure, but to others, may be a total success.

Defense attorney Jose Baez, right, on his cellphone and co-counsel Cheney Mason, background,center, leave the Orange County Courthouse after a meeting first thing Saturday, June 25, 2011 with Judge Belvin Perry Jr. unexpectedly said court would recess for the day. (Red Huber, Orlando Sentinel)

The defense’s theory in the case suggests that the 2-year-old victim, Caylee Marie Anthony, died by an accidental drowning, and was found by her grandfather, George Anthony, who turned to Meter-Reader Roy Kronk to dispose of the little girl’s body, which was found on Dec. 11, 2008 in a wooded area near the Anthony family’s home.

In opening statements, Lead Defense Attorney Jose Baez proposed that Casey is not guilty of murder, but guilty of not calling the police when her daughter allegedly drowned unexpectedly in the swimming pool. Baez argues that Casey was raised to lie and keep things hidden because when she was a child she was sexually abused by her father and brother, a secret, Baez claims, she was forced to conceal.

Defense Counsel Cheney Mason has stated that they don’t have sufficient evidence to prove the toddler died in the swimming pool at the Anthony home, but that they have enough evidence to rebut the state’s claims that Casey Anthony, 25, poisoned her daughter with chloroform then applied duct tape to her nose and mouth.

We’ve seen defense testimony from countless forensic expert witnesses, as well as emotionally-driven testimonials from Casey’s mother, Cindy Anthony, and brother, Lee Anthony.

Cindy Anthony was called to the stand on Thursday and dropped some new information. “I searched for chloroform,” she admitted. She explained that she researched the term “chlorophyll” to determine why her dogs were getting sick when they went into the backyard, which in-turn led her to look up the questionable solvent in this case.

Cindy Anthony returned to the stand Friday, when she was presented with a series of photographs exhibiting her granddaughter in the family’s pool. Cindy smiled, with tears forming in her eyes, as she remembered how much Caylee loved the pool and how she progressively accomplished climbing into the pool, by the detachable ladder, with very little help and just a gentle hand-support by Cindy. “At that time, she could climb into the pool herself,” Cindy recalled.

Aphrodite Jones, host of “True Crime” aired on the Discovery Channel, says she does not believe Cindy Anthony is being truthful about the matter, but she does believe the defense is doing a great job arguing their case.

Jones said, the photos “are enough to get people thinking it’s a possibility” and that the images “raise the possibility of an alternate scenario.”

Jones also stated that Cindy Anthony’s affirmation that she was the person to conduct the searches may be a way to cover up for her daughter, but may not be viewed as that in the juror’s minds, but rather be sufficient enough to convince the jury. “It could be insulting the intelligence of the jury, on one hand, but if there’s one or two jurors that wish to believe or choose to believe that she’s not perjuring herself or that she’s telling the truth, then you don’t have premeditation. Then you’ve shot the essence of the prosecution’s case,” Jones said.

Baez has never tried a death penalty case before, which is a concern to some, but to few he is doing well with his first case.

Jones said she thinks Baez and his defense are being underestimated by trial watchers and legal analysts because she believes that although he is new to this type of case, he has what it takes to try one with his “passion, and the connectivity to his client” and even the jury.

“He’s been methodical in the way that he has presented a potential of Caylee actually winding up in that pool,” said Jones. “Showing us photographs to rely on the images that we see and then those images get ingrained in your head on a subconscious level.”

The defense estimates they will wrap their case on Thursday, allowing the state to rebutt, a stage they expect will take half a day, and then deliberation to begin in the following days. The state is enforcing the death sentence upon Casey Anthony if convicted.

by Nikki Namdar

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