Monday, June 6, 2011

Casey Anthony trial: Legal experts question defense attorney Jose Baez's handling of case

Defense attorney Jose Baez rocked the criminal-defense world ? not to mention Orlando's legal community ? when he told jurors in Casey Anthony's trial that the death of his client's daughter was not a murder but due to an accidental drowning.

He also blamed Anthony's lying on her family's deep dysfunction and the abuse she suffered at the hands of her father.

It was a spectacular way to start a trial. But since then, criminal-defense experts in Florida and the country have called Baez's opening statement in court a high-risk and dangerous move. After all, his client faces a possible death sentence if convicted of killing her young daughter.

Along with a series of courtroom bumblings played out on live TV, Baez's performance during the first two weeks of testimony has some observers wondering whether he knows what he is doing.

"The defense's handling of this case is not representative in any way of the standard I hold my profession to," says Mark NeJame, longtime Orlando attorney and legal analyst for WKMG-Channel 6. NeJame at one time represented Casey Anthony's parents, George and Cindy.

Prosecutors are effectively laying out the timeline of their largely circumstantial case, NeJame said. "The defense, on the other hand, has come across as unprepared and disjointed," he said. "I've not seen one round go to the defense."

Veteran criminal-defense attorney Bill Sheaffer likened this trial to a boxing match, one that prosecutors are winning with methodical, sustained attacks rather than knockouts.

As for Baez, "He'll go 15 rounds, but he'll still lose the decision," said Sheaffer, who is scoring the case for WFTV-Channel 9."Now, the case is the state's to lose."

Everyone wants to see Casey Anthony get a fair trial, Sheaffer said. And he noted that Baez appeared to score some points questioning state witnesses Saturday. But such small flashes will not be enough in this case, he said.

Baez, who was admitted to The Florida Bar in 2005 and has no prior experience leading a death-penalty defense,"did not grow into this job" and has so far not made much use of a defense team that includes veteran trial lawyer Cheney Mason, Sheaffer said.

"I'm concerned that I'm seeing a viable issue regarding competence," Sheaffer said.

When asked Saturday after court how he thought he was doing, Baez smiled behind his sunglasses, silently shook his head and walked away with his entourage.

Everyone interviewed for this story noted that Baez has not yet had his chance to present his defense, and that he may yet make the case he promised.

In court, Baez often exudes confidence in the way he strides, speaks and even sits at the defense table. But consider some recent courtroom mishaps:

? Chief Judge Belvin Perry has reminded him to stop questioning a witness about an item not in evidence.

? Perry has told him it is the judge ? not Baez ? who gets to tell witnesses to step down from the stand.

? Perry has had to inform Baez he will not delay the trial because the defense does not know which witness the state will call next or because he does not have that witness's file in court.

Perhaps more important than the procedural flaws may be what other lawyers are seeing as strategic miscalculations.

Last week, Baez failed to persuade Perry to block jurors from seeing portions of recorded family jail visits with Anthony in 2008. Prosecutors and Perry noted that the deadline for raising such issues was in December.

Source: http://www.chicagotribune.com/news/nationworld/os-casey-anthony-trial-jose-baez-20110605,0,5783283.story?track=rss

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