In Session: Sidebar
December 19, 2008
Posted: 03:11 PM ET

NEW YORK–We covered a lot of cases on our network in 2008, from exonerations to gay marriage. And while Osama Bin Laden's driver was tried by the first Military Commission at Gitmo and the U.S. Supreme Court handed down decisions on lethal injection, the right bear arms and even presidential powers, the biggest legal story of the year, at least for most Americans, was probably O.J. That's right O.J. Simpson, back in court, back on trial and now going to jail.

O.J. Simpson

He was convicted 13 years to the day of his acquittal on double murder charges. The families of Nicole Brown Simpson and especially that of Ronald Goldman have been pursuing Simpson ever since. And so have we, in the public. Difficult for us to let it go. To accept that the state of California didn't make its case, but the state of Nevada did. And now, America finally has what it has wanted from all these years.

But while we pursued O.J. with a passion, our own civil rights have been undermined by our government. We've invested billions in two wars overseas and we've allowed Wall Street executives to get away with, well not murder, but at least a whole lot of looting of Wall Street.

That's why I think we've finally come full circle in the O.J. Simpson saga. With a new president in a time of crisis, I predict in 2009, Americans will care more about the bigger issues that will affect our children and their children for decades to come.

And that's the last word of 2008.

–Jami Floyd, In Session anchor

Filed under: Jami Floyd • Last Word


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December 18, 2008
Posted: 01:59 PM ET

ORLANDO, FLorida–There are a multitude of questions in the Casey Anthony case. Some questions may never be answered, such as who is the father of Caylee.

Casey Anthony in court

Florida’s public records law gives us a look at police files normally not available in other states at this early stage. Hundreds of pages of police reports and records have been released in Casey Anthony’s case. As I read and analyze these documents, I found references to Caylee’s mystery father. This is what I pulled out of the investigative and supplemental reports which were recently released, starting with Casey and her parents denying her pregnancy.

On August 21, 2008, investigators interviewed Rick Plesea, Cindy Anthony’s brother.  He told investigators that he got  married in June 2005, and when Casey Anthony arrived with her parents, Cindy and George, Plesea was surprised to see that 19-year-old Casey was well along in a pregnancy. He told investigators that he took George and Cindy aside to ask them about it.

According to Plesea, the Anthonys completely denied that their daughter was pregnant; rather, they reportedly told Plesea she was just putting on weight. Plesea was incredulous, especially since his sister is trained as a nurse. Caylee Marie was born two months later on August 9, 2005. Caylee’s birth certificate does not name a father.

During the course of the investigation, detectives learned from Casey’s friends that she has named three different men as the father of Caylee.

On July 15, 2008, the day the investigation began, detectives asked Casey about Caylee’s father. Casey told them his name was Eric (she gave no surname) and that he died in a motorcycle accident in Georgia in mid-to-late 2007. Casey said she had an obituary but couldn’t recall where it was. Cindy Anthony told investigators this was the same story Casey told her about Caylee’s father. Cindy said she never met Eric.

Jesse Grund was first interviewed by investigators on July 23, 2008. Grund dated Casey from the end of January 2005 to May 2006; they were engaged during part of that time. During the early part of their relationship, Casey told Grund she was pregnant and that the child was his. After Caylee was born, Grund paid for a DNA test to prove paternity. As it turned out, he is not the biological father of Caylee. Grund provided investigators with supporting documentation.

On October 9, 2008, investigators spoke with Melina Calabrese, described as a long-time friend of Casey. The two were best friends in high school, according to the police report. Melina and Casey both worked at Universal Studios in 2006. Melina told investigators that Casey first said Jesse Grund was Caylee’s father (even after the DNA test proved otherwise).

After she and Grund broke up, Casey changed the story and said Caylee’s father was someone named Josh, whom she said she met at Universal Studios. Casey described it as a one-night stand. Casey told Melina that Josh was from Georgia and died shortly after Caylee’s second birthday.

The impending DNA test results may confirm that these remains are that of Caylee Marie Anthony. But who fathered her may remain a mystery.

–Beth Karas, In Session correspondent

Filed under: Beth Karas • Casey and Caylee Anthony


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December 17, 2008
Posted: 02:29 PM ET

NEW YORK– It seems the body of little Caylee Anthony has been found. The remains discovered late last week near her grandparent’s home appear to be those of a child and no other children in the area have been reported missing. So, we are all essentially waiting for confirmation.

And while we wait, extraordinary news out of another Florida county. Police in Broward County have decided to close the case of Adam Walsh. Adam went missing 27 years ago. Even for a hardened criminal defense attorney, it was agonizing to watch the Walsh family struggling yesterday for composure and closure which they acknowledged they will never have.

But then a little perspective. Children are far more likely to die in a car accident then to be abducted by a stranger. More Americans die from complications related to obesity than will be murdered. And death by suicide is much more common on college campuses than are campus shootings.

In fact, we cover the shooting sprees, the murders and the child abductions precisely because they are out of the ordinary. That is why they play to our worst fears. And yes, it’s important to keep an eye on our children. We should teach them to be safe. But we need to teach our children and ourselves what and what not to fear.

–Jami Floyd, In Session anchor

Filed under: Jami Floyd • Last Word


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Posted: 12:04 PM ET

ORLANDO, Florida–It’s been a week since the skeletal remains of a young child were discovered in a bag just feet off a dead-end road in Casey Anthony’s neighborhood. At any given time, 20 to 30 investigators work from dawn to dusk, sifting through a half-acre of dirt and brush. Much of the wooded area has now been methodically cleared of the brush and other growth.

ALT TEXT

The public has to observe from about 100 yards away. Crime scene tape stretches across the street and marks the boundary for curious onlookers. There’s not much to see from that distance because a crime scene truck and other police vehicles obstruct the view.

In the distance are two tents over the area where the bag and remains were found. The critical work has occurred under those tents. At a tree where the crime scene marks the forbidden zone, visitors have begun to leave flowers, balloons, dolls and teddy bears in Caylee’s memory.

While an identification of the remains has not been released, those leaving these gifts are clearly convinced that the wooded area just down the road is where she lay for most, if not all, of the six months she’s been missing.

Casey Anthony’s parents’ home is a short walk from the crime scene. The house continues to display posters for the missing child at least as long as no positive identification has been made. Reports are that the Anthonys are preparing for the worst news—that their granddaughter may, indeed, be dead.

According to the jail visitor’s log, the Anthonys have not visited their daughter, Casey, in the Orange County jail since she was arrested on murder charges in mid-October. Casey has received two visits from her pastor since then. A jail spokesman says Casey is a model prisoner. She is in protective custody as is the custom with high-profile inmates. Astronaut Lisa Nowak was in the same jail under similar conditions.

–Beth Karas, In Session correspondent

Filed under: Beth Karas • Casey and Caylee Anthony


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December 16, 2008
Posted: 02:07 PM ET

NEW YORK–It’s been a trying five days for the Anthony family. George and Cindy Anthony are waiting for word on whether a child's remains, found near their home, are those of their missing toddler granddaughter, Caylee.

All this while their daughter, Casey, sits in jail charged with her murder. It’s almost unimaginable. And yet, I'm here to ask you to do just that. Please imagine their anguish. Imagine their grief. Imagine the conflict they must be feeling.

Since this story broke last summer, the Anthonys have been subjected to unthinkable cruelty, even as they struggled to come to grips with their surreal situation. Protests at their home, hate mail, even suspicion. But through it all, they have cooperated with law enforcement and have acted with dignity and composure. Now, as the Anthony’s await word on little Caylee, let's please all do the same.

–Jami Floyd, In Session anchor

Filed under: Casey and Caylee Anthony • Jami Floyd • Last Word


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December 15, 2008
Posted: 01:15 PM ET

NEW YORK–The time line is going to be critical for both sides in the Casey Anthony case.  So much will depend on whether forensic experts can determine even the approximate date of death.

The last time Caylee Anthony was seen alive was on Monday, June 16, 2008, the day after Father’s Day. In the days to follow, Casey Anthony allegedly asked neighbors for a shovel, and her car was seen backed up to the family’s garage. If prosecution experts can determine a time of death during this week, it will go a long way to corroborate other evidence in this so-far circumstantial case.

We don’t currently know what the defense will be in this case. If the remains are identified as Caylee, and it can be determined that the corpse was in the trunk for a substantial period of time, it may go far in helping the defense.

This is a capital murder case, and prosecutors may amend their decision to not seek death. A viable defense in this case, that could absolve the defendant of guilt, is the defense of insanity.

In Florida, as in the majority of jurisdictions in this country, the Supreme Court case of McNaughton provides the standard rule followed by Florida courts. The test for insanity from this landmark case is whether the defendant knew right from wrong at the time the crime was committed.

At first glance, Casey Anthony knew right from wrong, because if she committed this crime, she was able to lie her way through it, blame it on someone else, put the body in a bag with duct tape and dispose of it. However, if the body was in the trunk for a determinate amount of time, which is a viable possibility because of the strong odor many have described, there could be a time lapse between the murder and the intentional disposal of the remains.

As in the Texas murder case of multimillionaire Robert Durst, the defense was able to separate out the killing of victim Morris Black from the dismembering of his body, which was subsequently thrown out to sea. The millionaire was found not guilty of Black's murder, after successfully arguing self-defense, and that disposal of the body was not evidence of murder itself.

In this case, if there is enough time between the death of the toddler and disposal of her corpse, the defense could try to argue the same theory as was done in Durst, except insanity at the time of the crime would be substituted for self-defense. Subsequently, all the lies and actions that followed would be separated out from the killing itself.

Time will tell how the defense will proceed and many questions remain as to what forensic conclusions can actually be made in this case. This truly will be a battle of the experts.

–Jean Casarez, In Session correspondent

Filed under: Casey and Caylee Anthony • Jean Casarez


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December 11, 2008
Posted: 05:34 PM ET

ORLANDO, Florida–Minutes after attorneys in Casey Anthony’s murder case left Judge Stan Strickland’s courtroom today following a brief hearing, the sheriff’s office received a report that the skeletal remains of a toddler were found less than half a mile from George and Cindy Anthony's Orlando home.

Casey and Caylee Anthony

A meter reader who walked about 20 feet into a wooded area to relieve himself found the black garbage bag. When he moved it, a small skull fell out. There was duct tape over the mouth of the skull.

Though the area had been previously searched, the particular spot where the bag and skeletal remains were found was flooded at the time.

While the remains have not been identified as those of Caylee Anthony, today’s developments apparently led the sheriff to seek a search warrant of the Anthonys' home. To obtain a search warrant, authorities need to establish probable cause to believe evidence of a crime may be found in the premises to be searched.

There was no search warrant yesterday, there is one today. The difference in circumstances is the discovery of the remains. Authorities on the scene have been instructed not to disclose details of today’s discovery but it’s reasonable to conclude that the sheriff’s office believes the remains to be those of Caylee.

Caylee was only two and a half years old at the time she was last seen on June 16, 2008 by her grandfather, George Anthony. Investigators have not found anyone who saw Caylee after that date. On July 15, Casey Anthony, currently under indictment for first-degree murder of her daughter, admitted to her parents that she had not seen Caylee in 31 days. She further admitted that she had not reported her daughter missing; rather, she conducted her own investigation.

In what is, thus far, an entirely circumstantial case, Anthony’s behavior in that 31-day period has been, and will continue to be, scrutinized for just what her investigation entailed. The case against her will be built on Anthony’s behavior including the mountain of provable lies she told police, family and friends, and evidence of odors consistent with human decomposition emanating from her abandoned car. Caylee has not been ruled out as the source of a hair found in the trunk with evidence of decomposition at the root end.

A week ago, the State Attorney announced that he would not seek the death penalty against Casey Anthony. That decision can be revisited if this newly-discovered evidence warrants the death penalty.

There is an emergency hearing in the morning as the defense seeks an order to have its own experts present at any testing of the remains, if authorities believe them to be Caylee’s.

–Beth Karas, In Session correspondent

Filed under: Beth Karas • Casey and Caylee Anthony


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Posted: 02:04 PM ET

NEW YORK–It’s déjà vu all over again. When a child goes missing, or even a grown woman, we immediately jump to conclusions about who killed her and why. But our conclusions aren't always right.

Remember the runaway bride. When she disappeared on the eve of her wedding, her poor groom was all but convicted of her murder. Of course, she turned up a few days later. Just a case of cold feet.

Same with JonBenet Ramsey. For years we hounded her family. Blamed her mother, blamed her father, even blamed her 12-year-old brother. Then, 10 years later, we latched onto another suspect, a man named John Mark Karr who took the media on a wild ride of suspicion before prosecutors cleared him of the crime.

When congressional intern Chandra Levy went missing in 2001, we all but convicted Congressman Gary Condit. He admitted to the affair but maintained his innocence, even after her body was found. Condit slapped some of us with big fat lawsuits and the most culpable were made to pay. But Condit's career was ruined.

The latest firestorm? Caylee Anthony. The toddler disappeared last summer and we all pray she will be found alive. But even if she isn't, let's not jump to conclusions all over again. Instead let's wait for all the evidence to come in and for the jury to decide.

–Jami Floyd, In Session anchor

Watch Jami Floyd: Best Defense weekdays from 11 a.m. to 1 p.m. ET on In Session

Filed under: Jami Floyd • Last Word


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December 10, 2008
Posted: 08:19 PM ET

NEW YORK–Disgraced former Durham County, North Carolina District Attorney Mike Nifong was disbarred last year for, among other reasons, prejudicial pretrial public comments he made about three Duke University students he accused of rape.

Gov. Rod Blagojevich

This jumped to mind as I watched highly respected U.S. Attorney Patrick Fitzgerald make repeated comments about the evidence against Illinois Governor Rod Blagojevich yesterday at Fitzgerald’s press conference.

“The conduct would make Lincoln roll over in his grave,” Fitzgerald said, in a comment that was widely quoted by news organizations today. And that was just the beginning. “Governor Blagojevich has taken us to a truly new low,” he said. The Governor embarked upon “a political corruption crime spree.” His conduct, prosecutor Fitzgerald said, was “appalling,” repeated three times, for emphasis.

If the allegations are proven, clearly so. But we are only at the indictment phase, and Governor Blagojevich is, at this time, a citizen of the United States, presumed innocent. And U.S. Attorney Fitzgerald has an obligation to seek justice, not to seek a conviction by any means necessary.

Illinois ethics rules, which apply to federal as well as state prosecutors, permit public disclosure of the facts of an investigation and the allegations in an indictment. But when a prosecutor publicly discloses that a defendant has been charged with a crime, state law requires a statement explaining that the charge is merely an accusation and that the defendant is presumed innocent unless proven guilty.

I must have missed that part of Fitzgerald’s presser.

Prohibited, however, are statements which could be reasonably interpreted as threatening the fairness of a proceeding. Specifically, prosecutors may not publicly comment upon “the character, credibility, reputation or criminal record of a party,” nor “any opinion as to the guilt or innocence of a defendant.”

Would Lincoln be rolling over merely from an accusation?

By the way, what terrible characterizations did Nifong make that led to the firestorm against him? Nifong said that he was "confident that a rape occurred," and he called the players "a bunch of hooligans" whose "daddies could buy them expensive lawyers."

–Lisa Bloom, In Session anchor

Watch Lisa Bloom: Open Court weekdays from 9-11 a.m. on In Session.

Filed under: Lisa Bloom


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Posted: 02:05 PM ET

NEW YORK - As a criminal defense attorney and journalist I pretty much thought I'd seen it all. Until yesterday and the news out of Chicago that Governor Rod Blagojevich was actually trying to sell the senate seat vacated by our president-elect. That's right, sell it.

The governor before this one is already in prison and two others before that. Add to that Dan Rostenkowski and convicted businessman Antoin "Tony" Rezko. But none of it could have prepared me, or dare I say the vast majority of my other fellow cynics at the intersection of journalism and politics, for the downright bold nature of what's alleged here.

And it's got me struggling to think like a criminal defense attorney too because if you are poor and hungry and you steal a loaf of bread, well I can defend that. But if you are given the keys to the governor's mansion and you violate the public trust, well then it’s a whole lot harder to feel sorry for you.

Whatever crimes he may or may not have committed, the audio tapes of his wheeling and dealing reveal a man who is vengeful, profane, and even disconnected from reality. In short, a person not fit for service. But, I will say it in this case as I say it in every other case, Governor Blagojevich is presumed innocent until proven guilty as charged.

-Jami Floyd, In Session anchor

Filed under: Jami Floyd • Last Word


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Sidebar takes you behind the scenes of the day's legal headlines with breaking news and in-depth analysis from In Session's anchors and correspondents.

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Ashleigh Banfield
Anchor of the daily trial program Ashleigh Banfield:Open Court
Ashleigh Banfield
Jack Ford
A former prosecutor and anchor of the daily trial program Jack Ford: Courtside
Jack Ford
Jami Floyd
Former defense attorney and anchor of her own daily program Jami Floyd: Best Defense
Jami Floyd
Fred Graham
Senior Editor Fred Graham covers legal news in Washington, D.C.
Fred Graham
Jean Casarez
Attorney Jean Casarez covers trials around the country
Jean Casarez
Beth Karas
Former prosecutor Beth Karas covers trials around the country
Beth Karas
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