6.01.2011

Is There Any Significance To Casey Anthony Being An Alleged Victim Of Sexual Abuse As A Child? Did Law Enforcement Consider This Hypothesis As A Defense By Her?



By Lawrence W. Daly

There appears to be a controversy around Casey Anthony being a victim of child sexual assaults and what significance it played in the death of her daughter Caylee Anthony.  This is a complex set of questions, which should have been a hypothesis of law enforcement child sexual abuse investigators.  Why should it have been a hypothesis of law enforcement investigators?  The reasons are law enforcement should have anticipated any possible defenses that would be raised by Casey Anthony’s attorneys.  Moreover, they should have conducted a separate investigation into Casey Anthony’s claim that her father, George Anthony, and her brother, Lee Anthony, were child molesters.

In reviewing the information coming out of the trial to date, it appears that George reasonable doubt.  The defense Anthony either, has been blamed, or, brought into the defense attorney’s plan to raise that “the other guy did it” seems to be a major play by Casey’s defense attorney, Jose Baez, to raise Casey from the bottomless pit she finds herself in.
When Cindy Anthony took the stand, she rarely looked at her daughter, Casey Anthony.  It appears that Casey’s strategy to keep herself from being found guilty and then receiving the death penalty is to blame Cindy’s husband and Cindy’s son of sexually abusing her.  If these allegations are true, this author believes Baez should have introduced this information from the minute they began Voir Dire and segwayed into the opening by the defense, to the beginning of their first witness.
The strategy should have been out of the gate beginning from day one and into the closing arguments.  The jury needed to be indoctrinated with the ideology that Casey was a victim of child sexual assaults.  Women should have surrounded Casey to demonstrate to the jury that her claims were legitimate and have solid ground, just not a statement for the defense to use.  Missing from the courtrooms are any child sexual abuse survivor groups and/or individuals who support women who are supportive of women in the criminal justice system who have been sexually assaulted as children.
Is the information enough to accomplish what the defense wants to instill into the jury’s mind?  The many pundits who are in the media legal business of giving their opinion believe that the jury will disregard the claim that Casey was sexually abused as a child.  If the pundits don’t believe the statements to date has had an impact in the courtroom, than what is the jury thinking?
Casey will have to testify to discuss what her mindset was as a mother.  The argument that Casey was sexually abused as a child and allowed Caylee to drown, doesn’t ring true of supporting one another.  Bringing these two claims together may be difficult for the Baez defense team to prove.  It seems reasonable that somewhere the responsibility of being a mother may play a role in how the alleged accident happened and in how Caylee drowned.  Will the defense call experts who will try to join the parental aspects with the child sexual assaults?  Is there evidence that George and Lee are the monsters Baez is trying to make them out to be?  When George testified, he immediately denied the sexual assaults upon Casey and denied Caylee’s death was an accidental drowning.
The jury needs to be educated and experience the feeling in which Casey drew her knowledge as being a parent and how child sexual assaults formed her ability to perceive dangerous situations.
Law enforcement appears to have been blind sighted by Baez’s defense strategy.  There is historical information that Lee took a paternity test to ascertain if he was the father of Caylee.  When was this information learned and by whom?  Did law enforcement pursue this hypothesis and what significance did they give these allegations?  If Baez kept this information to the defense team until his opening remarks, then it was a very good kept secret and caught the prosecution by surprise.  Maybe this is why Baez didn’t bring these two allegations about George and Lee up at the Voir Dire stage of the trial.  Maybe he felt that the greater impact would come during his opening statement.  Whatever Baez’s thoughts were, he missed a great opportunity to educate the jury from the beginning of the trial to the day he announced his belief that George and Lee are the bad guys here.
So what should have law enforcement have done during their investigation?  If law enforcement didn’t have the information about the sexual assaults committed upon Casey by George and Lee, what information did they have?  Is Baez through with the child sexual assaults issues?  Will he take these allegations to the next level accusing George of sexually assaulting Caylee and he stood by and watched her drown?  How will Baez intertwine these allegations?  Law enforcement obviously had little to no information about Baez’s claims.  So what should law enforcement investigators be doing about the child sexual assault allegations?  It is this author’s belief they should be conducting interviews of every individual who may have information about Casey’s claims, if there were any, about being sexually assaulted by George and Lee.  The investigation must be conducted in such a way that it demonstrates competence, intelligence, completeness, thoroughness, credibility, reliability, and validity.
The prosecution needs to rebut these sexual assault allegations.  If the prosecution sits back and hopes that the jury missed the significance of the sexual assaults allegations, then they are making a mistake.  The jury wants someone to draw them away from the sexual assault allegations and bring the focus back onto Casey.  Even if she was sexually assaulted by George and Lee, this is not a reason for her to have committed murder.  She needs to be held accountable and responsible for the murder of Caylee, if she did it.  There are two sides to every story and it will be interesting if this case turns out to be the battle of the experts.  Maybe the prosecution will not engage in the battle with Baez and his defense theory.  Maybe Baez will bring in experts to explain why Casey committed the murder, but place blame elsewhere.  What other defense does Baez have, if he can’t point at “the other guy did it?”
In the meantime, law enforcement needs to be shaking the trees and cleaning the brush away and ascertain what happened in the Anthony household for all those years.  Was the Anthony home dysfunctional? Was Casey a victim of sexual abuse? Did George and Lee prey upon an innocent young child?  All of these questions need to be answered and soon.  The trial continues and there are many questions, which have been raised and have gone still unanswered.  Watch for Baez to come up with new allegations in his attempt to raise reasonable doubt.  Will Baez be the mastermind behind one of the greatest criminal defenses of all time and/or will his attempt to place blame elsewhere work the jury into acquitting Casey?  Only time will tell and if law enforcement is out working to disprove Baez’s claims, then maybe, the prosecution will bring about a different conclusion at the end of the trial.

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