That’s rich. The defense moves for a mistrial a hundred times and it’s denied, denied, denied. Then the defense scores a few points, putting the expected conviction in jeopardy, and all of a sudden it’s time to start thinking about a mistrial.
Because if the conviction is in doubt, a mistrial favors the prosecution.
You see how this works?
In the meantime, read this. The defense attorney not only has to contend with the state trying to kill his client – murder, really, if she’s innocent – but of course for months many among the police and legal establishment, including some attorneys on the periphery of the case, have been attacking Baez through “ethics” probes. The linked article describes some of the antics going on.
When you’re in a fight like this, against the state, you’re at a severe disadvantage. The state quite frankly intimidates and tampers with witnesses all the time. They assume that the defense does the same thing, but not only is that psychological projection; it isn’t really possible. The defense can’t threaten anyone with prosecution. They have virtually no ability to intimidate anyone.
Yet every time a witness is interviewed by the defense and says something the prosecution doesn’t like there is a potential allegation by law enforcement and prosecutors that the defense “tampered” with the witness, or bribed the witness or some such. The prosecution, of course, is constantly bribing witnesses by offering them such things as immunity from prosecution and time off of sentences. But we don’t call that bribery. Although not that long ago one judge finally did (I’ll try to find a link later)(Update 2: It was Judge Paul Kelly of the 10th Circuit US Court of Appeals in 1998 – story about it is here).
In many ways this is no longer about a dead little girl and her messed up mother or the messed up family surrounding the tragedy; this is about careers. The careers of prosecutors and police and judges, on the one hand; and the career of Jose Baez, on the other.
Notice that Baez is all by himself.
He called the prosecution’s efforts to smear him “repulsive”, and he didn’t say it but for my money you can throw the judge in for that, too. He is 100% correct, and I can’t help but admire the strength and resolve he has shown in the face of this torrent of venom and injustice. His representation of Casey Anthony has been truly heroic and comes at a terrible price.
Even if he wins, neither her life nor his will ever be the same.
Update: Check this out, too, concerning the so-called “tampered with” witness, one Laura Buchanan. A fair assessment of the facts is that this witness had information that undercut the prosecution’s contentions regarding the “dumping” of the body. The cops swarmed all over her to get her to change her story and threatened her with “falsifying records”, for writing a date or dates on some sort of record kept by a volunteer search group. Ridiculous, but this is what happens.
Then, of course, there is an accusation that it is the defense, not the government, which is tampering with the witness! And who is going to investigate this accusation? Why, the government, of course!
And off to the “ethics” committee again for the beleaguered Baez. As if he didn’t have enough to worry about. And many of his “fellow” lawyers in the Orlando area are aiding and abetting the government here. Which is professionally disgraceful and revolting. Or, as Baez might say, “repulsive”.