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19 Jul
Posted by Mollo Law Firm
   
 
Posted on July 5, 2011 by Jason Neufeld

Can you believe that verdict!!!!! Its OJ Simpson all over again!!!!!!

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Casey Anthony Verdict!!

Posted on July 5, 2011 by Jason Neufeld

Can you believe that verdict!!!!! Its OJ Simpson all over again!!!!!!

Lets all calm down for a second. The problem with following a trial through the eyes of the media is that they distort and exaggerate certain items for the sake of provocation – to get as much of a reaction from their readership as possible.

I can give a recent example of this phenomenon. A prominent local newspaper was covering our defective-wave-runner trial, almost daily. One day the headline read something along the lines of: PLAINTIFF ASKS FOR $100 MILLION DOLLARS from the jury. This was a gross distortion of reality – when in fact, David Kleinberg was simply giving a colorful example of the incredibly high hourly rates the defendant’s experts were being paid – and if you were to pay those rates to our client – she would be entitled to something approaching $100 Million. The jury clearly understood that this was not what we were asking them to give our client, rather the jury appreciated that this was just our way of illustrating the lengths the defendants went to in order to defend these cases. But “$100 Million Dollars” makes for a sexy headline – and that’s what the newspaper went with…and of course, along came all the scathing criticisms of “greedy” plaintiff’s lawyers.

The reality is, a newspaper article (even if there is an article every day) cannot possibly convey, with precision, the quantity and quality of the information being provided to the jury. It loses that all-important factor: context. This is why I believe, at its heart, the jury system works. With the right context, a jury is best able to distil and separate the important facts and evidence from those that simply make for good sensational headlines.

I did not follow the trial closely. But I can almost guarantee you that if you were to ask one of the Casey Anthony jurors why they returned the verdict they did, you would receive a cogent, rational, and reasonable explanation.

 
16 Jul
Posted by Mollo Law Firm
   
 

The Associated Press|Daily Business Review – July 13, 2011

Three years ago, Jose Baez’s name was barely a blip in the legal community.

This was a lawyer who made his way to the profession after dropping out of high school, getting a GED and going into the Navy. He tried several failed businesses — including two bikini companies — before he eventually enrolled at Florida State University and St. Thomas University School of Law. It took another eight years for him to be admitted to the bar.

Now he’s arguably one of the most recognizable attorneys in the country after his client Casey Anthony was acquitted in the death of her 2-year-old daughter, Caylee, in a case marked by a captivated national audience and searing scrutiny of every legal twist. For the last three years since, Baez faced questions from other attorneys and TV commentators about his lack of criminal law experience and tactics. Now he’s a legal celebrity almost certain to be offered interviews, book offers and possibly movie deals that could bring hundreds of thousands of dollars.

“I think this is obviously life-altering for Jose Baez,” said Terry Lenamon, a former member of Anthony’s defense team, who left the case in 2008 after a disagreement over strategy. “It’s not as big as (the) OJ (Simpson verdict), but close to OJ and look at all what happened to those lawyers … I’m sure he’s going to capitalize on it. The issue is: Was that always the plan?”

Baez, 42, took Anthony’s case pro bono in 2008, after getting a referral from a former client who shared a cell with Anthony following her initial arrest. He has handled the case since then, operating on state funds available to Anthony because of her indigent status, and from an early $200,000 she received from licensing photos and videos to ABC News.

The Associated Press attempted to contact Baez for this story, but those inquiries were not immediately returned.

In an interview with Fox News’ Geraldo Rivera the night of the verdict, Baez shrugged off a question about whether his success in this case will silence his detractors.

“I think their competence argument has fallen,” he said. “What they want to say about me, well, you know, they can say what they want.”

Baez, who was born in Puerto Rico and raised in New York and Florida, had to take a winding path to becoming a criminal lawyer, even after he graduated law school. He passed the written test for the Florida Bar, but he was denied admission by the Florida Board of Bar Examiners because of a list of complaints about his personal and financial conduct. The Florida Supreme Court upheld the bar’s decision in 2000 for not paying child support for a daughter he had with his first wife and for what it called “very serious doubts as to his respect for the rights of others and for the law,” like writing worthless checks.

He eventually was able to prove to the bar he was rehabilitated and he was admitted to practice law in 2005. He has had no disciplinary action taken against him by the bar since then.

Alfredo Garcia, the former dean at St. Thomas, didn’t know Baez when he was a student at St. Thomas and prior to his graduation in 1997. But he said he got to know him shortly after he took on Anthony’s case. Garcia said the school gave Baez, who also ran a pair of non-profit organizations before he began his law practice, an alumni award in 2008 for providing disabled children in foreign countries with prostheses. He said at the award dinner Baez showed him a yellowed copy of his acceptance letter to the law school. The letter had been signed by Garcia, ironically a law school classmate of Anthony prosecutor Jeff Ashton at the University of Florida.

“(Baez) said, ‘I’ve held on to this since I received this. This is the letter you wrote when you were associate dean and chair of the committee that admitted me into law school.’ He still had that with him,” Garcia said. ” … Obviously, that meant a lot to him because he took time to show it to me and had it with him.”

Garcia said he also had lunch with Baez in Orlando last August as Baez was preparing for the trial. They talked about the “emotional, personal and professional toll that the case had taken on him.”

“I think it was a rough emotional toll, to the extent that you get identified with your client typically by the members of the public,” Garcia said. “I gathered he wasn’t the most popular person in Orlando at the time. I think that was pretty tough.”

During his closing argument, Ashton likened the theories presented by Baez and the defense of how Caylee Anthony died in part as a fantasy “trip down the rabbit hole into a bizarre world.”

Ashton and Baez constantly sparred throughout the three-year case. Each accused the other of questionable legal maneuvering, and once during a pretrial hearing, Ashton even asked Judge Belvin Perry to hold Baez in contempt of court for what Ashton claimed was a blatant disregard of a court-ordered deadline.

Then there was the incident during Baez’s closing arguments, in which he angrily referred to Ashton as “this laughing guy” when he observed him chuckling behind his hand in full view of the jury.

But in his first comments after Anthony’s acquittal, Baez seemed to have put that bad blood behind him. He referred to the prosecution team as a whole as “a fine group,” called Ashton “a fierce opponent” and lead prosecutor Linda Drane Burdick “an incredible adversary” and “one of the best lawyers I’ve ever seen.”

With constant objections that were overruled and motions denied, Baez’s legal skills were often maligned on cable television programs that sometimes depicted him as a sort of Barney Fife, the bumbling deputy on the 1960s TV sitcom “The Andy Griffith Show” who was only allowed to carry one bullet. Lenamon said any of those sentiments that the jury saw in court via the judge or prosecution — however small — could have played a role in the case’s outcome.

“They see things like the prosecutor snickering during the defense’s closing argument,” Lenamon said. “And little things like that can change everything. What they see is a lawyer that may not look to be super-experienced, fighting hard to save his client. That plays into the final formula. It’s not as simple and easy as everyone tries to make it out to be.”

Lenamon said he expects Baez’s star to continue rising.

“The bottom line is he pulled it off in a very favorable way,” he said. “I have to tip my hat to him on that and congratulate him. I really think people underestimated him.”

 
15 Jul
Posted by Mollo Law Firm
   
 

WASHINGTON, July 6, 2011 — Most people learning of the “not guilty” verdict in the highly publicized Casey Anthony murder trial thought the outcome was unjust and unfair, but not all.

Some, like former criminal prosecutor and current trial attorney Debbie Hines, expected that the young Orlando, Florida mother, accused of murdering her two-year-old daughter Caylee in 2008 and then partying afterwards, would be set free. Yesterday, a jury found Casey Anthony guilty of misleading the police but not guilty of first-degree murder, aggravated manslaughter, or aggravated child abuse.

“It was a classic textbook case of reasonable doubt,” Hines said. She was quite surprised to discover after learning of the verdict that she was in the minority who thought the case was fairly decided. Hines, a Washington, D.C.-based attorney who has defended clients in criminal cases, said she found herself in demand over her differing viewpoint on the case.  She was called in to appear on several local shows, appearing on the local CBS affiliate WUSA9 before settling down to pen her thoughts in a post on her blog, Legal Speaks:

“There were enough holes for the jury to see through the prosecution’s case.  There was more than enough reasonable doubt to go around. The jury only needed one reasonable doubt and the defense gave them many more doubts based on reason. …

“When I prosecuted, I always asked that the verdict be fair and just. And if it was fair and just based solely on the evidence and nothing else, I was satisfied, even with a not guilty verdict. … The prosecution had a good victim in Caylee but a poor or weak circumstantial case. Hence, the jury found Casey Anthony not guilty of murder of her daughter, Caylee.

“In the words of the late attorney Johnnie Cochran, if the evidence doesn’t fit, you must acquit. And in the Casey Anthony case, the evidence didn’t match up to a murder conviction. It was a just and fair verdict.”

Indeed, many people found the verdict reminiscent of the outcome of the OJ Simpson murder trial. In that 1995 case, the Heisman Trophy winner was acquitted of the murder of his ex-wife, Nicole Brown Simpson and her friend Ronald Goldman. The Casey Anthony case had an equally sympathetic victim and broke the hearts of many parents.

In the end, no matter how much people wanted a guilty verdict for Casey Anthony, the prosecutors did not meet their burden. It’s a bitter pill to swallow. Court watchers who are parents, and even those who are not, invested a lot of energy in this case. They don’t have to agree that it was decided wrongly or rightly, but the fact remains that a little girl’s life was snuffed out and no verdict will bring her back. Instead, we are left with an empty feeling wondering whether justice was indeed served, or denied.

Read more Politics of Raising Children in The Communities at the Washington Times. Follow Jeneba Ghatt at @JenebaSpeaks. Her work can also be read at JenebaSpeaksBlackWeb 2.0 and Politic365.  She also co-hosts a Blog Talk Radio show called Right of Black which tackles current events and politics from a perspective not often seen in the mainstream media.

 
15 Jul
Posted by Mollo Law Firm
   
 

 

 

Lawyer wants Casey Anthony deposed before release – CTV News.

CTV News.ca Staff

Date: Fri. Jul. 15 2011 9:13 AM ET

 

While Anthony was recently acquitted of murder in the death of her young daughter, she is still facing a civil lawsuit stemming from claims she made about a non-existent kidnapper.

In 2008, Anthony claimed that her daughter was kidnapped by a babysitter named Zenaida Gonzalez. But a police investigation later found no evidence that two-year-old Caylee Anthony had been taken and Casey Anthony’s lawyers have said her daughter actually drowned in a backyard pool.

A woman sharing the same name as the fictional kidnapper, Zenaida Gonzalez, is now suing Casey Anthony for defamation, saying her reputation was harmed by the Florida’s mother’s claims.

On Friday morning, Gonzalez’s lawyer will try to convince a Florida judge that Anthony should be deposed before she is released from custody on the weekend.

At the end of Anthony’s trial last week, she was acquitted of first degree murder charges, but convicted on four counts of lying to investigators. The judge sentenced her to serve four years, but with the three-plus years she had already served in prison, Anthony is set to be released on Sunday.

Anthony has received death threats in the wake of her acquittal and her lawyers have publicly expressed concern about her safety after she is released.

CNN reporter Catherine Callaway said authorities are tight-lipped about the way Anthony will leave federal custody.

“They’re being very quiet about exactly what time on Sunday she will be leaving, or where she’s going,” Callaway told CTV’s Canada AM on Friday morning from outside the Florida prison where Anthony is being held.

With files from The Associated Press

 
14 Jul
Posted by Mollo Law Firm
   
 

A consultant for Casey Anthony’s attorneys analyzed more than 40,000 highly charged opinions — negative and positive — on social-media sites and blogs, and used them to help the defense craft its trial strategy.

By Walter Pacheco

The Orlando Sentinel

ORLANDO, Fla. — A consultant for Casey Anthony’s attorneys analyzed more than 40,000 highly charged opinions — negative and positive — on social-media sites and blogs, and used them to help the defense craft its trial strategy.

Whether it worked is difficult to gauge, but a jury last week found Casey Anthony not guilty of murdering her 2-year-old daughter, Caylee Marie.

“When bloggers and others in social-media sites started to attack George Anthony about his alleged mistress, the defense team beefed up their questions against him,” said Fort Lauderdale-based consultant Amy Singer. “None of the bloggers ever changed their minds about him.”

The innovative pro bono tactic by Singer shows how social-media sites such as Facebook and Twitter could revolutionize the way lawyers defend their clients, especially in highly publicized cases such as the Casey Anthony murder trial.

“This is the first time I have heard of this kind of consulting for a trial, and it’s incredible,” said Florida A&M University professor Shiv Persaud. “It definitely might become a part of my curriculum in trial practice. We could benefit from a new type of tool we didn’t have before.”

Every day of the trial, Singer and her revolving team of at least five people scanned thousands of tweets, Facebook posts and messages from bloggers.

They gauged opinions about defense and state attorneys, witness testimonies, evidence and especially the focus of the trial: Casey Anthony.

Those opinions were presented to Casey Anthony’s defense attorney, Jose Baez, who initially had his doubts about the social-media tactic. Ultimately, Singer said, Baez would decide how and what he was willing to adjust in his trial strategy.

When public opinion on Twitter or Facebook changed dramatically, Singer said she made it clear to the defense that it needed to tweak its strategy.

“A perfect example was Cindy Anthony,” Singer recalled. “People hated her when she admitted to the chloroform searches, but there were many who said she lied out of motherly instinct. They felt a kinship, especially mothers. In closing, the defense softened its approach and said she lied to protect (Casey Anthony).”

Singer, a trial consultant and litigation psychologist with experience in high-profile cases such as the O.J. Simpson trial, William Kennedy Smith rape case and the Jack Kevorkian euthanasia case, said she learned plenty from the countless hours spent reading and analyzing social-media traffic.

“I’ve spent 32 years listening to people’s reactions to trial stimulus, but it’s never been anything like this,” Singer said. “This whole case was driven by social media. We really tapped into people’s minds, and I think it’s a tool that should be used by defense and prosecution.”

Danielle Tavernier of the Orange-Osceola State Attorney’s Office said their prosecutors use social-media sites to locate witnesses but do not hire jury consultants.

“It’s really a question of cost. We do not have the resources to spend time reviewing social media,” Tavernier said. “We have other cases to prosecute, but maybe it’s something that could develop in the future.”

 
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