Tuesday, September 2, 2008

Casey Anthony will not stand trial

Nancy Grace and her ilk will prevent Casey Anthony's trial for murder or any other offense.

Television programs such as Grace's provide so-called experts the opportunity to offer off-the-cuff opinions, statements and observations that can and will be used to hinder justice and aid or bolster outrageous or otherwise questionable and tenuous defense opportunities.

From day one of the news and talk coverage of the disappearance of 3-year old Caylee Anthony, people who should know better have said things that will assist her murderer's avoidance of swift justice. Nancy Grace, especially, and her guests have commented almost every evening on the conduct of the most likely suspect, the child's mother, Casey Anthony.

Variously describing the suspect's behavior as "not normal," "not mak[ing] sense," showing "no emotion" (what psych specialists call a "flat affect"), or otherwise unusual, these journalists and commentators have unwittingingly, or perhaps knowingly, aided the mother's best opportunity to escape trial.

Casey cannot employ an "insanity" defense, as that would require her to enter a plea of "guilty but insane," which she will not do.

Rather, these various celebrity experts will have to admit under oath to their previously broadcast observations. In light of a perceived sense of neutrality, objectiveness and expertise, their statements will be accorded significant weight. Any well-chosen defense psych expert will use these descriptions to support a conclusion that Anthony is unable to assist her counsel or defense, and is thus incompetent to stand trial.

A finding of "incompetence" will require the Court to order her release from jail, eliminate any possibility of a speedy trial, and allow Casey Anthony the relative comfort of an institutional setting in which she will enjoy much more freedom and liberty than a penitentiary. Only when she "recovers" will Antony be required to stand trial. As a former prosecutor, I know from experience that this can take years; the passing of which will dim recollections, cool passions and encourage the prompt resolution of a now-stale case through a much more lenient plea bargain than would ever be offered while the case is still "hot."

People who make or comment on the news need to be careful with their blase' opinions and observations. They ultimately do more harm than good; hinder rather than inform. No one benefits except the criminals, their "experts," and defense counsel's reputations.

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