The Casey Anthony Verdict: Justice for Whom?

The problem for the prosecution in this case is that while they provided a lot of circumstantial evidence to support elements of their case, even if we accepted their evidence without question, there remained significant and reasonable doubt that Caylee's death may have been accidental. Take the elements one at a time:

A hair matching that from Caylee's brush and recovered from the trunk of Casey's car, had post-mortem banding consistent with a decomposing body. Experts also testified that air samples taken from the trunk of Casey's car showed evidence of a decomposing body having been in the trunk. One air sample was said to have high levels of chloroform present, while the other air sample, analyzed by a different lab, found low levels of chloroform present. One expert testified that chloroform would be expected to be found in a trunk air sample where a decomposing body had lain.

Because of the inconsistencies regarding chloroform testified to by experts, there is reasonable doubt that Casey administered chloroform to Caylee: the evidence for this part of the prosecution's theory is just not there. On the other hand, it is agreed that Caylee's decomposing body more than likely lay in the trunk of Casey's car for some time. However, it is possible that following an accidental death, Caylee's decomposing body was placed in the trunk until a permanent resting place could be determined

Whether or not Casey did a computer search for "How to Make Chloroform", there is no evidence that Casey had or exercised the capability to make chloroform or administer it to herself, Caylee or anyone else. There is insufficient evidence of Casey, or anyone, having administered chloroform to Caylee and this provokes significant and reasonable doubt that Casey murdered her daughter by administering chloroform.

The duct tape that was found attached to Caylee's skull is the same brand as duct tape found in the Anthony home, but we have no assurance that the crime scene duct tape was from the roll kept at the Anthony home. Testimony of experts and others who had visited Caylee's swampy grave, established that the site had been tampered with and that people, animals, and the elements may have moved parts of Caylee's decomposed body around. The prosecution theory that the duct tape had been applied by Casey to the nose and mouth in an attempt to smother Caylee was not proven in regard to the positioning of the duct tape or as to who might have positioned the duct tape. There has been no report whether Caylee's hands and feet were bound. If someone had placed duct tape over Caylee's mouth and nose to smother her, Caylee would have pulled the tape off with her hands. The duct tape theory is another element of the case that provokes reasonable doubt.

The prosecution theorized that the motive for murdering her daughter was that Casey wanted to be a party girl rather than a mom. Reports have confirmed that Casey has been a "party girl" for most of her adult life, with little change in her partying after Caylee was born or even after Caylee was missing and presumed dead. She had no shortage of ready babysitters to take Caylee frequently so mom could party. Despite Casey's affinity for the high life, photos presented to the court documented a loving, happy relationship with Caylee; the child was well-nourished, well-developed, and well-dressed. There was no evidence or even rumors of neglect or abuse. In addition, scientists who study human behavior have noted that some people develop a psychologic disorder consistent with mania (which involves behavior such as that demonstrated by Casey during the thirty-one days when Caylee was "missing") as an expression of their deep and unresolved grief. Again, there is reasonable doubt as to the prosecution's theory of motive.

While in my "gut" I feel and believe, as many others do, that Casey is somehow responsible for Caylee's death, I cannot say that the prosecution has proven their case beyond a reasonable doubt. The prosecution was unable or incapable of developing and introducing enough solid evidence to remove the reasonable doubts discussed above. The Jury produced a correct verdict given the dearth of convincing evidence and the reasonable doubts that remained at the end of the day.

In our American Legal System, a large percentage of those who are accused of deadly crimes have their day in court and receive justice (conviction or acquittal). Victims of the most violent and deadly crimes, on the other hand, rarely get their day in court. Victims are at the mercy of a legal system that is more interested in preserving the rights of alleged criminals and assuring they get justice rather than in seeking justice for the victims.

While our legal system may have provided justice, according to the law, to Casey Anthony, where is the justice for Caylee? I’m afraid that many innocent victims like Caylee will be denied justice in this mortal world without significant improvement in our society and our legal system.

Judith Miller Hates Scooter Libby

The panelists on Fox News Watch were discussing the WikiLeaks Afghan War intelligence leak, when Judith Miller, one of the panelists, stated that Scooter Libby had similarly leaked Valerie Plame’s identity to the press and had been “convicted of that”. Ms. Miller then went on to talk about the current leaks and additional panelists also contributed their thoughts. After the break, Jon Scott corrected Ms. Miller by reminding her that Libby had not been convicted of leaking information, and Ms. Miller clumsily reversed herself, responding no, he was convicted of obstruction of justice. That a journalist of Ms. Miller’s caliber, experience and particular background in this very case, would make such a seemingly small, but in reality enormously egregious error, casting additional, unwarranted aspersions on Mr. Libby, is inexcusable. There can be no other explanation, Judith Miller hates Scooter Libby.

While I’m glad that Mr. Scott clarified the facts of the Scooter Libby reference by Ms. Miller, I was stunned speechless to hear her make the false statement in the first place. As Mr. Scott mentioned, if anyone knows the facts of the case, it would be Ms. Miller, who covered the Valerie Plame/Iraq-Niger uranium hookup story from its onset, and even did some jail time for not revealing sources. As such, it is unimaginable that Ms. Miller could make such a statement without deliberate intention to mislead and add further insult to the injury Mr. Libby has suffered at the hands of a hostile press and a criminally rogue special prosecutor on a mission to damage the despised Bush/Cheney Administration.

At the outset of his investigation, Mr. Fitzgerald, the special prosecutor, determined that any leaking of Valerie Plame’s identity by a government official was not a violation of law, and that it was Richard Armitage, Deputy Secretary of State under Colin Powell, who had leaked Valerie Plame’s identity to the press. Any honorable officer of the court would have shut down the investigation at that point, having completed the special prosecutor duties he had been assigned. But attack-dog Fitzgerald proceeded with his illegal investigation and persecution of Mr. Libby that led to Grand Jury indictments and eventual conviction for making “misleading statements” which, they concluded, caused an “obstruction of justice”.

Mr. Libby was investigated, persecuted, interviewed, indicted & convicted, but he did nothing wrong. His only real crime, in the eyes of his detractors, was being associated with the Bush/Cheney Whitehouse. What Mr. Libby did do, that got him in hot water, was to relate recollections of who he had spoken with and when, in not talking with reporters about a non-crime that he did not commit. Mr. Fitzgerald noted that Libby’s recollections of these non-events were not entirely consistent with the recollections of some of the reporters interviewed, with regard to the exact person, place or time associated with these non-event, non-crimes.

Grasping at straws, Mr. Fitzgerald accused Libby of lying to criminal investigators who were not investigating a non-crime, a lawful act they knew had been committed by Armitage, who was never charged with a crime, and argued that Libby’s “lying” (otherwise known as poorly recollecting; of course it’s always possible that the reporters and not Libby were the source of the inconsistencies) about no unlawful non-event, somehow “obstructed justice”. Knowing well in advance of Libby’s interviews and testimony, that the non-crime criminal investigators were no longer investigating had been committed by someone other than Libby, exactly what “justice” was being obstructed by Mr. Libby? The correct answer is no justice.

If any intentionally misleading statements were made during this debacle, they were made, not by Libby, but by Mr. Fitzgerald against Libby, calculated to bring down condemnation, punishment, humiliation and loss of credibility to the Bush/Cheney Administration by destroying their vicarious whipping-boy. It’s a pity Mr. Libby was unable, through his testimony, to provide any effective obstruction to this gross “injustice”. Deeply complicit in this travesty, the mindless destruction of a good man for political gain and hubris, are the Lame Stream Media, the special prosecutor, the Grand Jury, the trial judge and jury, the activist courts, the American legal system, the FBI, the State Department and all the people at the time who similarly suffered from the irrational, Bush/Cheney Derangement Syndrome. I indict them all.

The rest of us go on with our everyday lives and our work as if nothing of true import has happened. But as I look out over the horizon, I see a deep scar on the soul of America, once the champion of truth and innocence, and evil is festering just beneath the surface. I shudder involuntarily as the icy north wind blows heavy, black cotton clouds low, down through the valley. It smells like rain. I tuck my hands deeply into my coat pockets, tilting my face against the wind and I head for shelter. Somewhere out there, an innocent man, stripped unjustly of his dignity, reputation and profession, labeled a felon for life, struggles to provide for his family and just get through one day at a time. Have we no shame?