WHOA!!! HOLD ON!!! BACK UP!!!

[Ber]

I just was listening to the "Casey Anthony Trial" on MSNBC...When Baez is making his opening statement, he referenced George's suicide attempt. Baez says that George carried around the guilt for "MONTHS" so much so that it drove him to try to take his own life. His suicide attempt was January 23, 2009. Caylee's remains were found December 11, 2008, so just over one month he had to carry said "guilt"

IF George really did molest Casey,starting at the age of 8, it wouldn't be months of guilt, rather years. Why would he directly correlate his molesting Casey to Caylee's death? Also...if he had the tendancies to molesst...would that guilty conscience be present? I go back to reflect upon this: Why would Casey leave Caylee w/ "jo Jo" if he molested her???

Will the prosecution pick up on this faux pas? Will Baez's words come back to bite him in the proverbial ass???

[CSI]

I think the info on George's suicide attempt is off limits, or at least the medical records are. I do not see how the defense could even open that door because there is no direct correlation to Caylee's "accident".

But, stranger things have happened.

[Ber]

I think the info on George's suicide attempt is off limits, or at least the medical records are. I do not see how the defense could even open that door because there is no direct correlation to Caylee's "accident".

But, stranger things have happened.

How can the "known" attempt be off limits if Baez used it in his opening statement??? It's not asking for medical records...it's stating a published fact.

[Fashionista]

Opening Statements

The lawyers each make an opening statement outlining what they intend to prove. Jurors should understand that these opening statements are not evidence. Afterward, the plaintiff is usually the first to present evidence to support his or her position, and the defendant follows with his or her evidence.



http://www.athensclarkecounty.com/index.aspx?NID=1675

[Ber]

they don't need to prove that George had a suicide attempt. It's been documented. Just because the defense doesn't bring it up, subsequently, does that make it off limits to bring up? Not being snarky...just inquisitive.

[Fashionista]

Objection! Assumes facts not in evidence

PerryPeabody??? Sustained???


.

[Ber]

understood it's "not in evidence" what I don't understand is why can an atty make a statement in opening statements, to get his cilent off, that can't be used against them? doesn't seem right.

[Noor]

I just was listening to the "Casey Anthony Trial" on MSNBC...When Baez is making his opening statement, he referenced George's suicide attempt. Baez says that George carried around the guilt for "MONTHS" so much so that it drove him to try to take his own life. His suicide attempt was January 23, 2009. Caylee's remains were found December 11, 2008, so just over one month he had to carry said "guilt"

IF George really did molest Casey,starting at the age of 8, it wouldn't be months of guilt, rather years. Why would he directly correlate his molesting Casey to Caylee's death? Also...if he had the tendancies to molesst...would that guilty conscience be present? I go back to reflect upon this: Why would Casey leave Caylee w/ "jo Jo" if he molested her???

Will the prosecution pick up on this faux pas? Will Baez's words come back to bite him in the proverbial ass???

I think when Baez was referring to the guilt George was carrying around for month, was to when Caylee "drowned".
His granddaughter was dead and he wanted to be with her.

Baez was not referring to molestation.

That's my take on it.

[CSI]

understood it's "not in evidence" what I don't understand is why can an atty make a statement in opening statements, to get his cilent off, that can't be used against them? doesn't seem right.

They can say anything they want to in opening statements, because there is no proof needed in opening statements.

From that point on, anything that gets in to the record has to be directly related to the case. I think Baez also said something about George having an affair in opening, but the Judge would not allow Baez to ask Cindy if they were having marital problems in 2008. Not relevant to defending Casey.

[CSI]

What I am somewhat surprised is that Baez did not ask Lee if he and Casey were having sexual relations. I think he did not want to go there, even though he alluded to it prior. I have never heard Lee deny having sexual relations with Casey. I have a feeling that between the two of them, Casey would be the dominant one, and Lee appears to be kind of weak.

This family is so out of the mainstream, it boggles the mind what went on in that house.

[Fashionista]

They can say anything they want to in opening statements, because there is no proof needed in opening statements.

From that point on, anything that gets in to the record has to be directly related to the case. I think Baez also said something about George having an affair in opening, but the Judge would not allow Baez to ask Cindy if they were having marital problems in 2008. Not relevant to defending Casey.

Yep

the burden is on the prosecution to prove each element of the offense

the defendant may also get a Curtis Advisement outside the presence of the court, which advises one of the consitituional right to remain silent

so you may either make an opening statement, waive an opening statement or reserve the right to make an opening statement until after the prosecution has presented its case to the court