Transcripts For CNN Anderson Cooper 360 20110706

we the jury find the defendant not guilty. so say we all. dated at orlando, orange county, florida, on this fifth day of july, 2011 signed foreperson. as to the charge of aggravated child abuse, verdict as to count two, we the jury find the defendant not guilty. >> you see it there. a tearful casey as the not guilties rolled into every charge except lying to authorities. she'll be sentenced for that on thursday. the defense's decision to keep her off the stand in retrospect looking like a safe one. reaction afterwards from the defense attorney jose baez. >> what my driving force has been for the last three years has been always to make sure that there has been justice for caylee and casey. because casey did not murder caylee. it's that simple. >> the defense team's decisions later on the other hand to celebrate, whooping it up at a restaurant directly across from the courtroom. lots of eyebrows raised about how appropriate or not that was. this new video coming to us tonight from orlando affiliate wkmg. a little later we'll talk to jean casarez invited inside that restaurant and was able to talk to member thes of the defense team. as for the prosecution, word that this will be assistant state attorney jeff ashton's last case. she's retiring. other than that no comment. no comment from voting members of the jury nor from casey's family who left the courtroom quickly and quietly, issuing a brief statement through their attorney later it read in part "while the family may never what has happened to caylee marie anthony, they now have closure for this chapter of their life. they will now begin the long process of rebuilding their lives". again sentencing for the lying charges happens thursday. second guessing on the other hand is forever. there's plenty of that tonight. an awful lot to talk about no matter what you expected to happen. we have a wide range of views tonight. we begin with the facts the very latest and martin staff advantage who was -- martin savage. take us inside that room. what was it like as the verdict, the drama was unfolding? >> reporter: rulely the drama began at 11:25. when karen leevy spokesperson for the media said there's been a verdict. that set everyone into motion. calls are made. networks get ready. so then we make our way towards the courtroom. that's where i run into jeff ashton in the hallway there. he was very pumped up. he clearly felt that verdict was going to go their way, as did many because they thought it was a short deliberation, usually meant it was going the prosecution's way. into the courtroom everybody is silent. it is packed. every seat is taken. then you watch the defendant come, in casey anthony. she was clearly very shaken, trembling. she had tears in her eyes. her attorneys were crowding around her. they were speaking to her in soft tones. they obviously had a fear this could not go their way. then you had the verdict that was read. and what a 180. as far as everybody that was listening, there was no sound. they were literally left speechless because of what they had heard. the only sounds in the courtroom were gasps, literally, coming from the defense team. and then sons. -- sobs. this was not high five period yet, not hugs yet. it was an sob as if every emotion they had tied up in all of them came coming at once and they went into that group hug there. then you also saw casey's reaction there as she just suddenly lets it all loose and realizes that she is not going to be found guilty. it really was remarkable from the way people felt going in to the way they felt coming out. then you saw the anthony family. and they quickly left. so that is how it all came to a head. great drama, but certainly not the way many people thought it was going to turn. >> martin, you mentioned the family heading out without saying anything. you have that contrast in emotion. she is crying, the defense team is hugging. the family is gone, brother is not in the courtroom. anything to make of that? >> this is a trial that showed -- and not just to a court but to a nation -- how dysfunctional many people perceived the anthony family to be. and it's quite clear that this was also a trial that tore that family. i won't say completely apart, because we don't know that. but certainly tore the fabric that makes up the family unit. lee was not there, had not been there for a couple of days. you know that there was one point where he contradicted on the stand what his mother had said. the mother had gotten up and she had been contradicted as a result of evidence that showed that yes, she did lie claiming she was on the computer when clearly work records showed she could not be. and then there was the case of the alleged atheir fa george anthony had. so a whole family, their dark secrets, everything exposed for everyone to see. it is hard to imagine how they will all come back together at thanksgiving and celebrate. and yet, they are blood and flesh. and they will one day have to face one another. >> one thing we don't have tonight, martin, the camera's not allowed to point at the jury during these deliberations. the jurors are supposed to give a press conference this afternoon. you had been designated to ask the first question. then it was abruptly canceled. do we know why? >> no, we don't know why. well, here's what we know. it wasn't so much that it was canceled, it's that we understood that jurors would be asked, all right. now the media would like to interview you. it is traditional. it's pretty much you can go forward if you wish. it could have been all, it could have been some. but woo certainly expected a few would go before the cameras. we were told they're making arrangements for that to happen. everything had been set up, cameras in place, reporters there as well. and then we had karen leevy come in and tell us they have all decided they do not wish to talk to anyone in the media. and also they don't want to be identified. which is again their right. they do not have to do that. that was explained clearly to them. and they clearly felt that they would rather not talk at least at this point, john. >> great reporting up close from martin savage on the scene in that courtroom. thanks despite the lack of comment from the 12 voting jurors, one of the alternates did speak briefly expressing doubts about the state's evidence. so our view into what the jury thinking is quite limited. on the other hand, we watched and saw almost ex exactly what they did in court. here's tom foreman with the key moments. >> reporter: the jury took less than 11 hours to hand down a verdict but sat through 35 long days of arguments, ail bias and shocking allegations, starting with the defense's opening statements. >> and shortly thereafter, george began to yell at her. "look what you've done. your mother will never foregive you. " this child at 8 years old learned to lie immediately. she could be 13 years old, have her father -- in her mouth and then go to school and play with the other kids as if nothing ever happened. >> reporter: and from the prosecution? >> casey anthony went to a club with her boyfriend, tony lazaro. and entered or participated in a hot body contest. caylee anthony wasn't there. caylee anthony wasn't at home -- she wasn't with her grandmother cindy. so where is caylee? >> reporter: at the start it looked like the prosecution had a clear edge. the jury saw pictures of casey out partying, getting a tattoo, enjoying the wildlife even as her daughter went missing. the state said this was evidence enough that young mom did not want to be a mother anymore. and planned her child's murder on a home computer. john bradley is a software expert. >> is that a google search? >> yes, it is. >> for? >> the words "neck breaking" with a space in between. "head underscore injury". ruptured spleen. chest trauma. hand-to-hand combat. search turned up internal bleeding. >> how many times was that site visited? >> according to the history, 84 times. >> reporter: central to the state's case was the theory that casey used duct tape and chloroform to kill caylee. the defense struggled to explain her often contradictory stories to investigators and friends. but then came a bombshell from casey's mother, cindy anthony. >> do you recall in march of 2008 you doing any types of searches for any items that might include chloroform? >> yes. >> reporter: suddenly, the prosecution was scrambling, forced to prove that cindy was at work when those computer searches were done from the anthony home. >> when you first opened it, what was your reaction? >> i essentially jumped back a foot or two. >> did you immediately recognize the odor that was emanating from the piece of carpet in the can? >> i recognized it as human decomposition. >> reporter: but casey refused to take the stand herself. >> and it is your decision not to testify? >> yes,sir. >> reporter: letting her lawyers portray her as a victim, too. picking away at the prosecution's story. >> can you from the evidence, sir, rule out accidental death? >> no. >> reporter: they called casey's father george anthony the culprit behind an accidental drowning death in the family swimming pool, who then forced his daughter into a coverup. they accused him of sexually abuse i abusing -- her brother lee tried to grope her. her mother slapped that accusation down. >> do you recall several years back when there were -- there was an incident involving your son lee going into casey's room at night? >> no. >> reporter: but most of all, casey's defense team pounded away on the fact that precisely when and how caylee died remains unclear to this day. >> you have to have an abiding conviction of guilt. that's what you have to have inside of you. you have to know that this case was proven. >> reporter: and in the end, it was enough. the once seemingly sure case for the prosecution crumbled, and so did the murder charges against casey anthony. tom foreman, cnn. >> crumbled as tom just said, but leaving plenty of rubble to dig through. joining us now andrea lion, cream defense attorney mark garregos and former prosecuting attorney paul henderson. you have experience defending somebody like this in a capital murder trial. what's your reaction to the verdict today? >> i think this verdict was the only logical verdict. anytime you've got a case where you can't show the cause or manner of death and you've got pathologists who say, i don't know and i can't rule out accidental, what else do you expect the jury to do? my only fear for the defense in this case all along was that somehow this kind of drum beat and presumption of guilt was going to overwhelm the complete lack of evidence of a crime. and clearly, i think at least the sequestration of the jury is what helped her achieve justice. and for those who say there was no justice in this case, i take great issue with that. here in america we have a presumption of innocence. the prosecution has the burden of proof. the prosecution woefully fell flat in this case at all times. they're the ones who invested themselves in this kind of guilt by character assassination. and they forgot about the one thing that they needed in this case, which was actual evidence. and they didn't have actual evidence. >> well, paul henderson, you disagree with the defense there. you disagree with mark garregos. why? >> well, look, i was shocked and disappointed with the verdict like i think a lot of other people that are familiar with this case are. and a lot of people that watched this case were as well. we know it was a circumstantial case. and those are tough cases when you're proving a homicide. this case in particular was fraught with a lot of distractions and did not have a lot of hard evidence to present to a jury. and so it's difficult in trying to get them to understand what happened when there's not a lot of evidence to support those theories. you know, one of my concerns and i think the concerns that a lot of people were reflecting in frustration with this case is that even based on casey's own statements about what could have happened or what supposedly happened with the case, her behavior was just as much part of the evidence as everything else that the jury heard. and that was a real distraction. i spoke to my sister, who is a forensic psychologist about this case and her observations, too. and one of the things that was really interesting that she pointed out was the sociopathic behavior of casey in association with this case. just made everyone associated with this case in watching this case believe that she was more guilty rather than innocent. and so that's why i think this verdict when it came out was such a shock to everyone, at least to the people that i was with and that i spoke to about the case and that i know was watching this case. >> still a shock to me. >> still a shock on the one hand. andrea lyon, who were once part of this defense team. what was it in your view that won your former client this acquittal? >> well, what won my former client this acquittal is that the evidence wasn't there. that prosecution overreached. they used junk science. they attempted to overwhelm the lack of evidence with character assassination. and the mob mentality, there's all this talk sometimes about drinking the kool-aid? well, i think the prosecution did, too. they did not have evidence of a homicide. they didn't have evidence of a murder. and instead of charging her with charges that they could sustain, like the lying charges or perhaps charges for child endangerment for not reporting her daughter missing, instead of charging her with the evidence that they actually had, they reached more because they believed -- they believed -- they had some subjective belief -- that no mother would behave this way. well, maybe a mother that they know wouldn't behave this way. maybe we all would say this is not how we would behave. i'm a parent myself. and i wouldn't -- if my son or daughter were missing for 31 seconds, let alone 31 days, i would be raising all kinds of hell. but that is not evidence and that is not proof. and this jury took a look at the actual evidence presented to them, and they said this isn't enough. not in america. and thank goodness they weren't jurors from orlando. i can tell you that much. >> well, mark garregos, the public relations aspect of this continued after the trial. her attorney jose baez saying there were no winners tonight. casey anthony was -- she did today as well as she could have given all the evidence about her lying that even the defense conceded, correct? >> well, correct. and i would echo everything that your previous guest just said. thank goodness we live in america. thank goodness that the mob mentality did not rule here. i know that it's not a popular opinion to express, but the fact remains that this jury was charged with looking at this case beyond a reasonable doubt, and that prosecution had the burden of proof. they decided -- the prosecution decided to engage in just nothing but blatant character assassination. and that, i think, was the big problem in this case. they didn't have -- and they had a sequestered jury. and apparently the kind of guilt by osmosis that they would have seen if they weren't sequestered didn't seep into that jury room. instead of people saying that this is a tragedy, because anytime that you have a little girl who dies, that's a tragedy. i think the true tragedy is when people say we're never going to know what really happened and she should have been convicted. that to me is absolutely inexplicable. if you don't know what happened, how can you convict somebody beyond a reasonable doubt and put them to death? i mean, it makes no sense whatsoever. maybe it's good for iran or north korea but not in america. >> i'm going to ask everyone to stick around. we'll come back to you shortly. let us know what you think. we're on facebook or follow me on twitter @ john king cnn. more up next, more on how the defense did, in that vein we'll highlight some of the many statements casey anthony made that were simply not true, including an imaginary nanny. >> what do you want me to tell zanny? >> that she needs to return caylee. i foregive her. >> what do you think her reasons are? >> mom, i don't know. some people think allstate only protects your car. here's the truth: allstate can also protect your home or apartment. as well as your boat, motorcycle, rv, and snowmobile. and even your retirement and your life. not many insurance companies can say that. but allstate can. now that you know the truth, know this: the more of your world you put in good hands, the more you can save. dollar for dollar, nobody protects you like allstate. 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[ laughs ] [ male announcer ] make the switch. take action. take advil. >> i hope that this is a lesson to those of you having indulged in media assassination for three years, bias and prejudice and incompetent talking heads saying what would be and how to be. i'm disgusted by some of the lawyers that have done this. and i can tell you that my colleagues from coast-to-coast and border to border have condemned this whole process of lawyers getting on television and talking about cases that they don't know a damn thing about and don't have the experience to back up their words or the law to do it. now you've learned a lesson. you're watching a special edition of 360. strong words there, defense attorney cheney mason taking a shot at the coverage and legal commentary. some today calling the media in this trial and other high-profile case as 13th juror for the prosecution. yet the real jurors still managed to acquit. and again, until they talk, if they ever will, we won't know for sure why they decided the way they did. but as you saw a moment ago, the defense presented powerful closing arguments. here's another portion of that case. >> here we are at the end of our journey. and i have to tell you that i probably think you have more questions than you have answers. and if you recall at opening statements, the final thing that i told you at the end of the day when everything is said and done, the one question will never be answered. the key question in this case will never be answered. it can never be proven. and that is how did caylee die. this case must not be decided for or against anyone because you feel sorry for anyone or are angry at anyone. and that's because, obviously, we want you to base your verdict on the evidence, not on emotion. if you have questions, then it was not proven. and that's as simple as it goes. and there's no way in looking at all of these circumstances that you can say that she -- that this case was proven beyond a reasonable doubt. there's just no way. and there's various reasons why this is such. it began with part of the coverup. it began with -- it also concluded with part of the information and the investigation as to where it was carried out. to find her guilty of any single charge, any single one of them, you have to have an abiding conviction of guilt. that's what you have to have inside of you. you have to know that this case was proven. you have to know that these facts were proven. and you don't have that. >> and that might have been key. whatever else jose baez said or didn't say, whomever the defense chose to call to testify, jurors may have simply believed the prosecution failed to meet its burden of proof. for the moment we can only go on what alternate juror russell heckler said. he wasn't involved in the deliberations on the verdict. we need to be clear about that. but here's what he told our sister network hln. >> prosecution did not prove their case. the big question that was not answered, how did caylee die. i think there was probably a lot of discussion that it was probably a horrific accident that dad and casey covered up. and unfortunately it did snowball and got away from them. >> let's talk more about the jury the defense and how the defense prevailed with sonny hosten from "in session" on true tv and forensic scientist larry kobalinski. sonny we heard one of the alternate jurors say he didn't believe the prosecution proved the case. do you think that says anything about what i'll call the real jurors who had to make the decision in the end here were debating and thinking? >> >> there's no question about it. the prosecution has the burden of proof. that burden of proof is beyond a reasonable doubt. it's a very high legal standard. and the burden is never shifted. it's never shifted to the defense. and so when you look at this case, and i've been looking at is, john, as you know from the very beginning, not just over the past 35, 36 days but pretrial and before then, it is pretty clear that this was a circumstantial case from the very beginning. the prosecutors thought they had the who, but i don't think they ever really answered when caylee died, how did caylee die, why did caylee die is a big piece of it. so when you look at it like that, i think jose baez in his opening statements said reasonable doubt lives in this case. and i think that's come to pass. >> and yet, larry, sonny makes a strong case here. but when you heard the jury had reached a verdict so quickly, shy of 11 hours of deliberation, did your gut say bad news for the defense? >> yes. at first i thought that the jury had used its anger and hostility toward casey and made an emotional decision. i mean, it was a very short deliberation considering the complexity of the case that went on for six weeks. but i think the jury clearly, i mean, they were looking at the state's case. and they felt they didn't make the case. and even though there was science used by the state, i think the jurors decided that that science was not reliable. certainly the defense pld out their experts and they neutralized essentially neutralized every piece of evidence. there's real questions now about whether that evidence ever should have been part of this trial. >> and sonny, one of the questions that get asked, mr. kobalinski makes that point there. we know there was no direct evidence. they could not directly connect the dots on a lot of high profile cases. now on this one people will ask did the prosecution overreach, did they overcharges pegsly when it came to seeking a capital murder conviction. >> i think people are seeing that. i'm not going to go so far, john, as to say they overcharged this case. but they certainly went all. in when i say that, they decided that the theory here was one of premeditation. and in sticking with that, they had to prove that casey anthony used chloroform to disable her daughter and then used duct tape over her nose and mouth to suffocate her. why? because she wanted to lead this beautiful life. she wanted to party. they stuck to that theory. and i don't know that the evidence was there to support this first degree, premeditated murder charge. and so overcharging, i don't think i'll go that far. but they certainly didn't give the jury alternate theories, anything else to work with. so if the jury decided as obviously they did, they didn't believe the premeditation piece, they didn't believe the duct tape was the interstrument of death, then it's over for the prosecution. >> larry, you raised questions about the science involved here. the alternate juror we heard from a moment ago said he had a very hard time believing the scientific evidence that you had questioned specifically one of the points he raised was this decomposition, the smell in casey's car with the prosecution saying they had scientific proof that it was a human. you're a member of the defense team which makes you biassed. but what are your sense of the biggest holes in the prosecution's science argument? >> i think the air sampling procedure, the work of dr. vass, i wouldn't call it junk science but i would say it's not state-of-the-art, it's not ready for prime time. it is not truly reliable. oakridge national laboratory is not a crime lab. the dr. vass is an anthropologist. he's not a chemist. there were even some issues raised about whether there was some monnettary gain in using this equipment for a major trial. but i think that if you're going to use technology science in the courtroom, it's got to be reliable. it's got to be validated. it's got to be tested. it's got to be published. there's got to be peer review. it was lacking. it just never should have gotten into the hands of the jury. and i have to give them a lot of credit. because usually jurors don't understand the science. and it was essentially neutralized by ken ferton and others who discussed the pitfalls of doing science but not doing it the right way. the controls were not done at the same time as the samples. this is unheard of. so i'm just -- i'm shocked that it got into the courtroom in the first place. i think the jury made the right decision. science is wonderful. it gives you factual information if it's done right. if it's reliable. but i don't think that was the case here. >> sonny, larry's talking there about what happened in the courtroom, the court of law. what. about the court of public opinion? if you listen to all those people outside the courthouse, a lot of outrage over the not guilty verdict. is that outrage right or did the system work here? >> i think the system worked. quite frankly i'm surprised there is so much outrage. certainly there's outrage because a little girl is dead and we don't know what happened and who did it at this point. i don't know that we'll ever really know what happened. but the system certainly worked in a sense that we had cameras in the courtroom, john. people saw a good defense team. they saw good prosecutors. they saw good -- a good judge. then they have 12 people of her peers that didn't know casey anthony, listen to all the evidence, sequestered for 33 days, and decide her fate. and they decided it fairly. and so when people are outraged and say the system doesn't work, i say they're wrong. the system worked the way it was supposed to work. and just because you don't agree with the verdict doesn't mean you should say that the system is wrong. >> i think we can all agree on that one of the points you made there which is we may never know, the sadness of that, a 2-year-old girl is dead and we may never know what happened. sonny hosten, larry kobalinski thanks for your time tonight. >> we'll take a look at the elaborate world that casey made up inventing a nanny, a job, even a whole group of friends. later a lingering question in the case, who is caylee's father? some of the theorys coming up. n, crud. you'll be breathing that. i do believe it's part of a locust. make sure your alignments good. your brakes are good. you've got all sorts different things that you check off. your fluid levels. pretty much everything you could need. it gets done. it gets done quickly. and it gets done correctly. the works fuel saver package, just $29.95 or less after rebate. only at your ford dealer. you're a doctor. you're a car doctor. maybe a car doctor. right now, go to priceline for a sneak peek at recent winning and better than ever! hotel bids to find where you n save up to 60% on hotels. * we'll even email you other people's winning bids, so you'll know what price to name. *á with new hotel bid alerts, from priceline. >> reasonable doubt as to each and every element in a case, especially a case like this which is a mosaic of proof with no smoking gun and a tiny victim who is reduced by time in the elements to skeletal remains, those remains lacking in any chemical evidence that could be brought forward. this was a dry bones case. very, very difficult to prove. state attorney lawson lemar speaking today after a jury found casey anthony not guilty of any of the murder charges against her. the jury convicted her on four misdemeanor counts of giving false information to the police. and in fact one of the most fascinating aspects of this entire case was the elaborate web of lies that casey spun. now, the defense freely admitted casey just made up dates, facts, places, even people. here's a look at some of those lies. >> when casey anthony's lie can no longer stand, casey anthony comes up with a new, a bigger, and a better lie. >> we're tired of the lies. no more lies. what happened to caylee? >> i don't know. >> you do know. >> i don't know where she is. that is the god honest truth. >> i can feel it, mom. i know she's still okay. we're going to get our little girl back. she's going to be just as she was. >> in order to lie with this degree of conviction, you kind of on some level have to really believe what you're saying. >> where should i focus a search or tips or reaching out to people? >> check things locally, lee. in all honesty. places that are familiar to us. to our family. >> in a stunning turn, tot mom's only lawyer admits tot mom lied. that there never was a zanny the nanny, the mystery woman, tot mom swore kidnaped caylee. >> they never searched by her full name, z-e-n-a-i-d-a. i know she went by both last names. she always has. since she was younger, since her mom remarried. >> victor and gloria are her parents? >> but i know she has a lot of money. that's where she got the car from. she has his last name. and her mother's last name. >> oh, he adopted her? >> he adopted her. he legally adopted her, yes. >> casey also took investigators here to universal studios. according to the affidavit she told them she work here as an event coordinate. >> so what happens once you get into the building? >> we walk into the building. she turns left. starts walking down this hallway. and about halfway down the hallway she stops, turns, looks at us and says, "i don't work here". >> when casey is faced with a problem, her solution is to change her lie, to modify it. >> i as a mom, i know in my gut there's feelings, know certain things about your child. you can feel that connection. and i still have that feeling, that presence. i know that she's alive. >> joining us again, casey anthony's previously defense attorney andrea lyon, criminal defense attorney mark garregos and former prosecutor paul henderson. answer the person out there watching tonight who says if she told all these lies she had to be guilty. >> well, there's a difference between telling a lie and being guilty of a crime. but here is what the prosecution tried to do. they overcharged the case, and they asked for the death penalty in the case. and they asked for the death penalty inappropriately with a person who had no violence in her background, no criminal history other than writing a bad check. and they did it to gain the advantage of a death-qualified jury from which everyone who was against the death penalty has been excused, a pro-prosecution, pro-police jury that was more likely to convict than another jury. and they did that on purpose. and now all of a sudden everybody's been this drum beat. these a liar so she's guilty. she went out partying so she's guilty. she must be a murderer if she's a bad person. that is the way that this prosecution went forward. they put all their eggs in that basket. and now they have an acquittal on their hands and they have an acquittal on their hands because they did not fairly look at the evidence. they were horrified by the way that she behaved. and they listened to the mob around them in orlando and believe me when i tell you it's a mob in orlando. and that's what they did. they prosecuted her for her bad character instead of for the evidence that they had. and it's really kind of interesting to me to now listen to people talking about proof beyond a reasonable doubt when yesterday and this morning they were all talking about there was no question this jury was going to convict her. only a question of what level of offense. >> well, paul henderson you were shaking your head during a lot of that. to this point, if this was a pro-prosecution jury and these lies are so damning, why didn't they carry more weight? >> look, here's the thing. and it's very disappointing and challenging. and i believe in the criminal justice system. but i disagree with this verdict. and i think what the frustration that you're seeing is reflected in the understanding and the knowledge that so many of us in the public have in knowing that casey's own behavior and casey's own lies contributed to them not having evidence. and so that's why people have such a visceral response. the reason we never got to have a full autopsy is because she never worked with law enforcement. she never told anybody where the body was. she lied about what she was doing. she lied about her past. and you know, she said even in her own statements, she did know. she did know that -- she said that it was an accident and the baby drowned. well, where is that body? why cannot someone prove your story? why can't we know what happened to your baby and to your child? the fact that now she is benefitting in some way from her lies, the fact that she ends up benefitting from her terrible behavior as what we would perceive to be a good mother is just what makes people feel very frustrated with how this case ultimately ended with this verdict. that's the challenge and that's the frustration i think you're seeing in the public. >> it's garregos. if the judge gave her the maximum of each of those four years. she's in prison roughly 42 months being held without bail. do you assume she will just be released now for time served and set free? are you surprised her defense team, maybe they're stunned today, didn't ask today that she be released? >> el with, when you're facing the death penalty and you're convicted of misdemeanors, i don't think your immediate reaction is, judge, i want my sentencing hearing right now. but let me respond to a couple of other things. did the prosecution prove that she's a liar? yes, beyond a reasonable doubt. is that -- is there a single jury instruction that says if the prosecution proves beyond a reasonable doubt these misdemeanor lying to an officer karchs that therefore you give somebody the death penalty? no. there is no such jury instruction. and i share cheney's outrage about what has gone on in this case. the commentators and some of the bozos and yahoos that they have put on in the media commenting on this case and holding themselves out as lawyers who have never tried a serious felony case has been absolutely abysmal. and part of the reason that the public is i suppose so outraged is because there are so many clowns masquerading as lawyers on tv, giving the public and feeding the public misinformation. if the public understood -- if the public knew that most of this nonsense that they see spewed by bleached blond former prosecutors is just that, nonsense, that never gets into a courtroom, that never reaches that jury, they wouldn't be surprised. if the public understood the fact that the prosecution has this very high burden that separates us from the rest of the totalitarian regeoms the public wouldn't be there outraged. the public would be celebrating the fact that criminal justice system works. >> mark garrego is, paul henderson, andrea lyon, thanks for coming in tonight. still ahead here, you'll hear what the defense team was saying and doing inside that restaurant as they celebrated their big friktry today. in session's jean casarez was right there. she joins us ahead. plus a huge question that still hasn't been answered. who is caylee's father? and did that question help the defense win its case? and transfer between accounts, so your money can move as fast as you do. check out your portfolio, track the market with live updates. and execute trades anywhere and anytime the inspiration hits you. even deposit checks right from your phone. just take a picture, hit deposit and you're done. open an account today and put schwab mobile to work for you. as we said earlier, minutes after the verdict was announced the defense team went to a bar near the courthouse to celebre. you could see several of casey's lawyers right there in this video from our orlando affiliate, wkmg. jean casarez, a correspondent for "in session "tru tv was there by invitation. she joinses me now. jean, first you had a chance obviously, right in there with the defense team. anything they said to you which gives you any indication about what they expect to come next? will casey be going home? where she might end up? >> they definitely want her to be released as a free woman on thursday. there is sentencing of those four counts, those first degree misdemeanor counts that are up to one year in jail. that would equate to four years in jail. they're going to try to get her to be sentenced to time served, which would mean that she would be released on thursday. that is what they will argue for, saying that all four counts occurred during the same incident. therefore they should be served concurrently, meaning together, that would mean one year. and she has been in jail far longer than one year. >> and so jean, you got this invitation to come to the defense party after the verdict. tell us what was happening, what you saw. >> well, first of all, i was invited as a journalist to stand there, watch, observe and report what was going on. and i want everybody to know that this was a restaurant across the street from the courthouse. this is where the defense has gone to lunch every single day of this trial. it is in the office building of cheney mason. so i think that they would go here for their get together after the verdict. it was a very small number of people. it was the staff attorneys, their assistants, someone from the public defender's office was there. the defense's mitigation specialist. the fair verdict for their client of not guilty. there were seven flat screen televisions throughout this restaurant and they were watching the local coverage in orlando. and whenever the verdict was announced, everyone would watch and listen, watch the reactions, and they would clap. they would hug each other. they also watched the defense press conference. and clapped and were very ecstatic, i believe from, just their opportunity to step before the microphones to voice their thoughts and opinions on this verdict. >> obviously they won a high profile case. and one would expect them to have celebration and reflection. any concern at all that doing t it. >> i don't think they realized it. i think this is where they go every day. this is where they veered to today. and i don't think it crossed their mind what the public perceptions would be. and you know what, they probably don't care. because they care about casey. and they didn't want to talk about the case. they didn't want unt to talk about the evidence. they wanted to relax. >> jean casarez, thanks for sharing that with us tonight on the casey anthony trial is over. the jury has spoken. but so many questions remain. including this one. who is caylee anthony's father? it was a big question mark going into the trial. and the defense tried to use it to their advantage. here's randi kaye. >> reporter: it is the other question in the casey anthony trial. -- the fbi's dna tests ruled out george or lee anthony. but that didn't stop the defense from suggesting it during one of the most explosive moments of the trial. >> were you asked to conduct a paternity test for lee anthony as to caylee -- being the potential father of caylee anthony? >> jesse grund, casey anthony's ex fiance, isn't the father, either. >> i got a paternity test done to prove that i was not caylee's biological father. >> grund says a pregnant casey told him the baby was his. but when caylee was born less than seven months after the couple had met, he knew it wasn't true. even so, grund wanted to be a father to her. >> did you love little caylee like she was your own child? >> a piece of paper couldn't tell me not to love her like she was my daughter. >> reporter: but casey anthony told different things to different people. according to this deposition by brittany sheiber, an old friend, casey told brittany she didn't know who the father was. brittany goes on to say that casey's best friend told her casey said it was just a "random one night stand". another old friend, molin molina calabrese said at first casey anthony said her fiance jesse grund was the father. but after the couple broke up in may 2006, casey said caylee's real father was a one-night stand named josh. casey gave no last name but said he was from georgia. >> did she tell you how old he was? >> actually, no. >> did she describe him to you? >> no. she said he was really hot. >> and did she say what happened to josh? >> josh passed away in a car accident shortly after caylee's second birthday. >> that would have been 2007? >> reporter: and here's what casey apparently told her mother after revealing that her ex-fiance wasn't the father. >> who did you think caylee's father was? >> she gave me a name of eric baker. >> and did you ever meet anyone by the name of eric baker? >> no, sir, i have not. >> did casey -- what did casey tell you about this eric baker? >> he was two years younger than her, and he was an old friend. and she had seen him about the time that she had started seeing jesse. he was in town and upset about a girlfriend or such. and i guess they got together. it was one night. and eric lived out-of-state. >> reporter: however, cindy said casey had talked to her about eric baker in connection with other friends who later turned out to be fictitious people. and although investigators did turn up a death certificate for an eric baker who died in a car accident, they don't know whether he had any connection to casey. only further adding to the mystery and the tragedy of the story of this little girl. randi kaye, cnn. >> our coverage of the verdict in the casey anthony trial continues in our next hour. also ahead, new developments tonight in another high-profile case. attorneys for dominique strauss-kahn preparing to meet with prosecutors in new york. this as he faces possible new charges in france. mobile broadband experiencenn to 55 million more americans, many in small towns and rural communities, giving them a new choice. we'll deliver better service, with thousands of new cell sites... for greater access to all the things you want, whenever you want them. it's the at&t network... and what's possible in here is almost impossible to say. the doctor leaned over and said to me, "you just beat the widow-maker." i was put on an aspirin, and it's part of my regimen now. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. go see your doctor now. so every year my family throws this great reunion in austin. but this year, i can only afford one trip and i've always wanted to learn how to surf. austin's great -- just not for surfing. so i checked out hotwire. and by booking with them, i saved enough to swing both trips. see, hotwire checks the competition's rates every day so they can guarantee their low prices. that's how i got a 4-star hotel on the beach in san diego for half price. ♪ h-o-t-w-i-r-e ♪ hotwire.com isha joins us with a 360 news and business bulletin. president obama has invited congressional leaders to the white house on thursday to try to broker a deficit deal. he sent republican lawmakers a strong message saying he's opposed to a short-term increase in the debt ceiling. a source tells cnn that attorneys for former imf chief dominique strauss-kahn will meet tomorrow with new york prosecutors. . -- alleging attempted rape. a lawyer for strauss-kahn said he's filed a counter claim for false declarations. a federal appeals court ruled that tucson shooting defendant jared loughner can't be forced to take anti-psychotic medications until the government shows they are necessary and will make him competent to stand trial. loughner is charged in the january rampage that killed six people, and seriously injured congresswoman gabrielle giffords. the court asked loughnve loughn lawyers and prosecutors to make their case by mid-week. and john, a surprising revelation from actor daniel radcliffe. in an interview with gq uk he said he quit alcohol after a drinking problem while starring in the harry potter franchise. kind of bizarre that one that's coming out now. a lot of pressure he faces as a young man. >> no one wants to see a wizard on the loose. just saying. >> no. >> the last installment out soon. we'll watch that together. i sharks thanks a lot. more ahead here at the top of the hour starting with more on today's dramatic verdict in the casey anthony murder trial. ♪ [ slap! slap! slap! slap! slap! ] [ male announcer ] your favorite foods fighting you? 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lot of eyebrows raised about how appropriate or not that was. this new video coming to us tonight from orlando affiliate wkmg. a little later we'll talk to jean casarez who was invited inside that restaurant and was able to talk to members of the defense team. as for the prosecution, late word that this will be assistant state attorney jeff ashton's last case. he's retiring. other than that. no comment. no comment either from voting members of the jury, nor from casey's family who left the courtroom quickly and quietly, issuing a brief statement through their attorney later that reads in part "while the family may never know what has happened to caylee marie anthony, they now have closure for this chapter of their life. they will now begin the long process of rebuilding their lives". again sentencing for the lying charges, that happens thursday. second guessing, on the other hand, is forever. there's plenty of that tonight. an awful lot to talk about. no matter what you expected to happen. we've got a wide range of views tonight. we begin, though, with the facts. he have latest and martin savage who was in the courtroom all in unfolded in orlando. martin, take us inside that room. just what was it like as the verdict, the drama, was unfoldin unfolding? -- >> calls are made. networks get ready. and the drama was starting to unfold at that time. so then we make our way towards the courtroom. that's where i run into jeff ashton in the hallway there. he was very pumped up. he clearly felt that verdict was going to go their way, as did many because they thought it was a short deliberation. usually meaning it goes the prosecution's way. we get into the courtrooms, deathly silent. nobody is saying anything. it is packed. every seat is taken. then you watch the defendant come in, casey anthony. she was clearly very shaken, trembling. she had tears in her eyes. her attorneys were crowding around her. they were speaking to her in soft tones. they obviously had a fear that this could not go their way. then you had the verdict that was read. and what a 180. as far as everybody that was listening, there was no sound. they were literally left speechless because of what they had heard. the only sounds in the courtroom were gasps, literally, coming from the defense team. and then son sobs. not high fives yet, not hugs yet. it was an sob as if every emotion they had tied up in all of them came coming at once and they went into that group hug there. then you also saw casey's reaction there as she just suddenly lets it all loose and realizes that she is not going to be found guilty. it really was remarkable from the way people felt going in to the way they felt coming out. then you saw the anthony family. and they quickly left. so that is how it all came to a head. great drama, but certainly not the way many people thought it was going to turn. >> well, martin, you mentioned the -- -- >> to a nation how dysfunctional many people perceived the anthony family to be. and it's quite clear that this was also a trial that tore that family. i won't say completely apart. because we don't know that. but certainly tore the fabric that makes up the family unit. lee was not there, had not been there for a couple of days. you know that there was one point where he contradicted on the stand what his mother had said. the mother had gotten up and she had been contradicted as a result of evidence that showed that yes, she did lie claiming she was on the computer when clearly work records showed she could not be. and then there was the case of the alleged affair that george anthony had. so a whole family, their dark secrets, everything exposed for everyone to see. it is hard to imagine how they will all come back together at thanksgiving and celebrate. and yet, they are blood and flesh. and they will one day have to face one another. >> great reporting up close from martin savage on the scene in that courtroom. martin, thanks. despite the lack of comment from the 12 voting jurors, one of the alternates did speak briefly, expressing doubts about the state's -- here's tom foreman with the key moments. >> reporter: the jury took less than 11 hours to hand down a verdict, but sat through 35 long days of arguments, alibis and shocking allegations, starting with the defense's opening statements. >> and shortly thereafter, george began to yell at her. "look what you've done. your mother will never forgive you". this child, at eight years old, learned to lie immediately. she could be 13 years old, have her father's [ expletive ] in her mouth and then go to school and play with the other kids as if nothing ever happened. >> reporter: and from the prosecution? >> casey anthony went to a club with her boyfriend, tony lazaro, and entered or participated in a hot body contest. caylee anthony wasn't there. caylee anthony wasn't at tony lazaro's. she wasn't with her grandmother cindy. so where's caylee? >> reporter: at the start it looked like the prosecution had a clear edge. the jury saw pictures of casey out partying, getting a tattoo, enjoying the wildlife even as her daughter went missing. the state said this was evidence enough that young mom did not want to be a mother anymore and planned her child's murder on a home computer. john bradley is a software expert. >> is that a google search? >> yes, it is. >> for? >> the words "neck breaking" with a space in between. "head underscore injury" "ruptured spleen". >> according to the history, 84 times. >> central to the state's case was the theory that casey used duct tape and chloroform to kill caylee. the defense struggled to explain her often contradictory stories to investigators and friends, but then came a bombshell from casey's mother, cindy anthony. >> do you recall in march of 2008 you doing any types of searches for any items that might include chloroform? >> yes. >> reporter: suddenly the prosecution was scrambling, forced to prove that cindy was at work when those computer searches were done from the anthony home. >> when you first opened it, what was your reaction? >> i essentially jumped back a foot or two. >> did you immediately recognize the odor that was emanating from the piece of carpet in the can? >> i recognized it as human decomposition. >> reporter: but casey refused to take the stand herself. >> and it is your decision not to testify? >> yes,sir. >> reporter: letting her lawyers portray her as a victim, too. picking away at the prosecution's story. >> can you from the evidence, sir, rule out accidental death? >> no. >> reporter: they called casey's father, george anthony, the culprit behind an accidental drowning death in the family swimming pool who then forced his daughter into a coverup. they accused him of sexually abusing casey as a child. he denied it. >> sir, i never would do anything like that to my daughter. >> reporter: the defense also claimed casey's only brother, lee, tried to grope her. her mother slapped that accusation down. >> do you recall several years back when there were -- there was an incident involving your son lee going into casey's room at night? >> no. >> reporter: but most of all, casey's defense team pounded away on the fact that precisely when and how caylee died remains unclear to this day. >> you have to have an abiding conviction of guilt. that's what you have to have inside of you. you have to know that this case was proven. >> reporter: and in the end, it was enough. the once seemingly sure case for the prosecution crumbled, and so did the murder charges against casey anthony. tom foreman, cnn. >> crumbled as tom just said, but leaving plenty of rubble to dig through. joining us now, andrea lyon, casey anthony's former lead defense attorney, also defense attorney mark garregos and former prosecutor paul henderson. mark, you have experience in a high profile capital murder case. what's your reaction to the verdict today? >> i think this verdict was the only logical verdict. anytime you've got a case where you can't show the cause or manner of death and you've got pathologists who say, i don't know and i can't rule out accidental, what else do you expect the jury to do? my only fear for the defense in this case all along was that somehow this kind of drum beat and presumption of guilt was going to overwhelm the complete lack of evidence of a crime. and clearly i think at least the sequestration of the jury is what helped her achieve justice. and for those who say there was no justice in this case, i take great issue with that. here in america we have a presumption of innocence. the prosecution has the burden of proof. the prosecution woefully fell flat in this case at all times. they're the ones who invested themselves in this kind of guilt by character assassination. and they forgot about the one thing that they needed in this case, which was actual evidence. and they didn't have actual evidence. >> well, paul henderson, you disagree with the defense there. you disagree with mark garregos. why? >> well, look. i was shocked and disappointed with the verdict like i think a lot of other people that are familiar with this case are. and a lot of people that watched this case were as well. we know it was a circumstantial case. and those are tough cases when you're proving a homicide. this case in particular was fraught with a lot of distractions and did not have a lot of hard evidence to present to a jury. and so it's difficult in trying to get them to understand what happened when there's not a lot of evidence to support those theorieses. you know, one of my concerns -- and i think the concerns that a lot of people were reflecting and frustration with this case is that even based on -- just as much part of the evidence as everything else that the jury heard, and that was a real distraction. you know, i spoke to my sister who is a forensic psychologist about this case. and her observations, too. and one of the things that was really interesting that she pointed out was the sociopathic behavior of casey in association with this case. just made everyone associated with this case in watching this case believe that she was more guilty rather than innocent. and so that's why i think this verdict when it came out was such a shock to everyone, at least to the people that i was with and that i spoke to about the case and that i know was watching this case. >> well, still a shock on the one hand but andrea lyon who were once part of this defense team. what was it in your view that won your former client this acquittal? >> well, what won my former client this acquittal is that the evidence wasn't there. that prosecution overreached. they used junk science. they attempted to overwhelm the lack of evidence with character assassination. and the mob mentality, you know, there's all this talk sometimes about drinking the kool-aid? well, i think the prosecution did, too. they did not have evidence of a homicide. they didn't have evidence of a murder. and instead of charging her with charges that they could sustain, like the lying charges or perhaps charges for child endangerment for not reporting her daughter missing, instead of charging her with the evidence that they actually had, they reached more because they believed -- they believed. they had some subjective belief that no mother would behave this way. well, maybe a mother that they know wouldn't behave this way. maybe we all would say this is not how we would behave. i'm a parent myself, you know. and i wouldn't -- if my son or daughter were missing for 31 seconds let alone 31 days i would be raising all kind of hell. but that is not evidence, and that is not proof. and this jury took a look at the actual evidence presented to them and they said, this isn't enough. not in america. and thank goodness they weren't jurors from orlando. i can tell you that much. >> well, mark garregos, did the public relations aspect of this continued right after the trial. casey anthony's lead attorney jose baez saying there were no winner today. let's be honest tonight. casey anthony was acquitted of capital murder. she beat the death penalty. maybe you can't call her a winner but she did today as well as she could have given all the evidence about her lying that even the defense conceded, correct? >> well, correct. and i would echo everything that your previous guest just said. thank goodness we live in america. thank goodness that the mob mentality did not rule here. i know that it's not a popular opinion to express, but the fact remains that this jury was charged with looking at this case beyond a reasonable doubt, and that prosecution had the burden of proof. they decided -- the prosecution decided to engage in just nothing but blatant character assassination. and that, i think, was the big problem in this case. they didn't have -- and they had a sequestered jury. and apparently the kind of guilt by osmosis that they would have seen if they weren't sequestered didn't seep into that jury room. instead of people saying that this is a tragedy, because anytime that you have a little girl who dies, that's a tragedy. . to me is absolutely inexplicable. if you don't know what happened, how can you convict somebody beyond a reasonable doubt and put them to death? i mean, it makes no sense whatsoever. maybe it's good for iran or north corey ca but not in america. >> i'm going to ask everyone to stick around. we'll come back to you shortly. let us know what you think. we're on facebook or follow me on twitter @ john king cnn. i'll be tweeting tonight. up next, more what the defense did. how it did for their client with a reputation for truth telling -- in that vein we'll highlight some of the many statements casey anthony made that were simply not true, including an imaginary nanny. an accident doesn't have to slow you down. with better car replacement, if your car is totaled, we give you the money for a car one model year newer. liberty mutual auto insurance. it's nice 'n easy colorblend foam! permanent color with tones and highlights. now in a delightful foam. just three shakes, foam it, love it! it's foamtastic! new nice 'n easy colorblend foam. your right color. >> i hope that this is a lesson to those of you having indulged in media assassination for three years, bias and prejudice and incompetent talking heads saying what would be and how to be. i'm disgusted by some of the lawyers that have done this. and i can tell you that my colleagues from coast-to-coast and border to border have condemned this whole process of lawyers getting on television and talking about cases that they don't know a damn thing about. and don't have the experience to back up their words or the law to do it. now you've learned a lesson. >> you're watching a special edition of 360. strong words there, defense attorney cheney mason taking a shot at the coverage and legal commentary. some today calling the media in this trial and other high-profile cases a 13th juror for the prosecution. yet the real jurors still managed to acquit. and again, until they talk, if they ever will, we won't know for sure why they decided the way they did. but as you saw a moment ago, the defense presented powerful closing arguments. here's another portion of that case. >> here we are at the end of our journey. a i have to tell you that i probably think you have more questions than you have answers. and if you recall at opening statements, the final thing that i told you at the end of the day when everything is said and done, the one question will never be answered. the key question in this case will never be answered. it can never be proven. and that is how did caylee die? this case must not be decided for or against anyone because you feel sorry for anyone or are angry at anyone. and that's because, obviously, we want you to base your verdict on the evidence, not on emotion. if you have questions, then it was not proven. and that's as simple as it goes. and there's no way in looking at all of these circumstances that you can say that she -- that this case was proven beyond a reasonable doubt. there's just no way. and there's various reasons why this is such. it began with part of the coverup. it began with -- it also concluded with part of the information and the investigation as to where it was carried out. to find her guilty of any single charge, any single one of them, you have to have an abiding conviction of guilt. that's what you have to have inside of you. you have to know that this case was proven. you have to know that these facts were proven. and you don't have that. >> and that might have been key. whatever else jose baez said or didn't say, whomever the defense chose to call to testify, jurors simply may have believed the prosecution failed to meet its burden of proof. for the moment we can only go on what alternate juror -- >> it was not answered, how did caylee die. i think there was probably a lot of discussion that it was probably a horrific accident that dad and casey covered up and unfortunately it did snowball and got away from them. >> let's talk more about the jury, the defense, and how the defense prevailed with legal contributor sonny hosten from "in session" on tru tv, forensic scientist and anthony defense team larry kobalinski. we heard in the opening the alternate juror said the prosecution didn't prove the case. do you think that's what the real jurors were dede baiting and thinking? >> >> the prosecution has the burden of proof. and that burden of proof is beyond a reasonable doubt. it's a very high legal standard. and the burden is never shifted. it's never shifted to the defense. and so when you look at this case -- and i've been looking at is it, john, from the very beginning not just over the past 35, 36 days but pretrial and before then, it is pretty clear this was a circumstantial case from the very beginning. the prosecutors thought they had the who, but i don't think they ever really answered when caylee died. how did caylee die. why did caylee die is a big piece of it. so when you look at it like that, i think jose baez in his opening statements said reasonable doubt lives in this case. and i think that's come to pass. >> and yet, larry, sonny makes a strong case here. but when you heard the jury had reached a verdict so quickly, shy of 11 hours of deliberations, did your gut say bad news for the defense? >> yes. at first i thought that jury had used its anger and hostility toward casey and made an emotional decision. i mean, it was a very short deliberation considering the complexity of the case that went on for six weeks. but i think the jury clearly -- i mean, they were looking at the state's case. and they felt they didn't make the case. and even though there was science used by the state, i think the jurors decided that that science was not reliable. certainly the defense pulled out their experts and they neutralized essentially neutralized every piece of evidence. and there's real questions now about whether that evidence ever should have been part of this trial. >> and sonny, one of the questions that get asked, mr. kobalinsky makes the point there, there was no direct evidence. they could not directly connect the dots on a lot of high profile cases including this one people will ask did the prosecution overreach, did they overcharges pegsly when it came to seeking a capital murder conviction? >> yeah, i think people are saying that. i'm not going to go so far, john, as to say they overcharged this case. but they certainly went all. in and when i say that, they decided that the theory here was one of premeditation. and in sticking with that, they had to prove that casey anthony used chloroform to disable her daughter and then used duct tape over her nose and mouth to suffocate her. why? because she wanted to lead this beautiful life. she wanted to party. they stuck to that theory. and i don't know that the evidence was there to support this first degree, premeditated murder charge. and so overcharging? i don't think i'll go that far. but they certainly didn't give the jury alternate theories, anything else to work with. so if the jury decided, as obviously they did, they didn't believe the premeditation piece, they didn't believe the duct tape was the instrument of death, then it's over for the prosecution. >> sonny hosten, larry kobalinsky thanks for your time tonight. the lies casey anthony told. the jury only convicted her of lying to the police. we'll talk at the elaborate world casey made up including a nanny, a job, a whole group of friends. later a lingering question in the case, who is caylee's father? 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>> i don't know. >> you do know. what happened to caylee? >> i don't know where she is. that is the god honest truth. >> i can feel it, mom. i know she's still okay. we're going to get our little girl back. and she's going to be just as she was. >> in order to lie with this degree of conviction, you kind of on some level have to really believe what you're saying. >> where should i focus a sea h search -- >> places that are familiar to us, to our family. >> in a stunning turn, tot mom's only lawyer admits tot mom lied, that there never was a zanny the nanny, the mystery woman tot mom swore kidnapped caylee. >> they never searched by her full anymore, z-e-n-a-i-d-a. and i know she went by both last names. she always has. since she was younger, since her mom remarried. victor and gloria are her parents. >> victor and gloria are her parents. >> but i know she has a lot of money. that's where she got the car from. she has his last name. and her mother's last name. >> oh, he adopted her? >> he adopted her. he legally adopted her, yes. >> casey also took investigators here to universal studios. according to the affidavit, she told them she worked here as an event coordinator. >> so what happens once you get into the building? >> we walk into the building. she turns left, starts walking down this hallway. and about halfway down the hallway she stops, turns, looks at us and says, "i don't work here". >> when casey is faced with a problem, her solution is to change her lie. to modify it. >> i as a mom, i know in my gut there's a feeling as a parent, know certain things about your child. you can feel that connection. and i still have that feeling, that presence. i know that she's alive. >> joining us again, casey anthony's previously defense attorney andrea lyon, criminal defense attorney mark garregos and prosecutor paul henderson. andrea, the defense team ack nojs we just played lie after lie after lie. answer the person out there watching tonight who says if she told all these lies she had to be guilty. >> well, there's a difference between telling a lie and being guilty of a crime. but here is what the prosecution tried to do. they overcharged the case. and they asked for the death penalty in the case. and they asked for the death penalty inappropriately with a person who had no -- no violence in her background, no criminal history other than writing a bad check. and they did it to gain the advantage of a death-qualified jury from which everyone who was against the death penalty has been excused. a pro-prosecution, pro-police jury that was more likely to convict than another jury. and they did that on purpose. and now all of a sudden everybody's been this drum beat. she's a liar so she's guilty. she went out partying so she's guilty. she must be a murderer if she's a bad person. that is the way that this prosecution went forward. they put all their eggs in that basket. and now they have an acquittal on their hand and this have a acquittal on their hand because they did not fairly lookal at the evidence. they were horrified by the way she behaved and listened to the mob around them in orlando. believe me when i tell you it's a mob in orlando. and that's what they did. they president her for her bad character instead of for the evidence that they had. and it's really kind of interesting to me to now listen to people talking about proof beyond a reasonable doubt when yesterday and this morning they were all talking about there was no question this jury was going to convict her. only a question of what level of offense. >> well, paul henderson you were shaking your head during a lot of that. to this point, if this was a pro-prosecution jury and these lies are so damning why didn't they carry more weight? >> look. here's the thing. and it's very disappointing and challenging. and i believe in the criminal justice system. but i disagree with this verdict. and i think what the frustration that you're you're seeing is reflected in the understanding and the knowledge that so many of us in the public have in knowing that casey's own behavior. and casey's own lies contributed to them not having evidence. and so that's why people have such a vesceral reaction and why people are so angry. yes, we never got to have a full autopsy that could have answered all of these questions. the reason we never got to have a full autopsy is because she never worked with law enforcement, she never told anybody where the body was. she lied about what she was doing. she lied about her past. and she said even in her own statements, she did know. she did know that -- she says that it was an accident and the baby drowned. well, where is that body? why cannot someone prove your story? why can't we know what happened to your baby and to your child? the fact that now she is benefitting in some way from her lies, the fact that she ends up benefitting from her terrible behavior as what we would perceive to be a good mother is just what makes people feel very frustrated with how this case ultimately ended with this verdict. that's the challenge and that's the frustration that i think you're seeing reflected in the public. >> and it's mark grgs shaking his head. mark she was convicted of lying. four counts of giving false information to the police. if the judge gave her the maximum on each of those it would be four years. she's been in prison roughly 32 months, being held without bail. do you assume that she will just be released now for time served just set free? and are you surprised her defense team -- maybe a little bit stunned today -- didn't ask today could she be released. >> well, when you're facing the death penalty and you're convicted of misdemeanor, i don't think your immediate reaction is judge, i want my sentencing hearing right now. but let me respond to a couple of other things. did the prosecution floouf she's a liar? yes, beyond a reasonable doubt. is that -- is there a single jury instruction that says if the prosecution proves beyond a reasonable doubt these misdemeanor lying to an officer charges that therefore you give somebody the death penalty? no. there is no such jury instruction. and i share cheney's outrage about what has gone on in this case. the commentators and some of the bozos and yahoos that they have put on in the media commenting on this case and holding themselves out as lawyers who have never tried a serious felony case has been absolutely abysmal. and part of the reason that the public is i suppose so outraged is because there are so many clowns masquerading as lawyers on tv, giving the public and feeding the public misinformation. if the public understood -- if the public knew that most of this nonsense that they see spewed by bleached blond former prosecutors is just that, nonsense, that never gets into a courtroom, that never reaches that jury, they wouldn't be surprised. if the public understood the fact that the prosecution has this very high burden that separates us from the rest of totalitarian regimes the public wouldn't be out there outraged. the public would be celebrating the fact that criminal justice system works. >> mark garregos, paul henderson, andrea lyon. thanks for coming in tonight. still ahead here, you'll hear what the defense team was saying and doinged in that restaurant as they celebrated their big victory today. in session's jean casarez was right there. she joins us ahead. plus a huge question that still hasn't been answered. who is caylee's father? 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will casey be going home? where she might end up? >> they definitely want her to be released as a free woman on thursday. you know, there is sentencing of those four counts, those first degree misdemeanor counts that are up to one year in jail. that would equate to four years in jail. they're going to try to get her to be sentenced to time served, which would mean that she would be release on thursday. that is what they will argue for, saying that all four counts occurred during the same incident, therefore they should be served concurrently, meaning together. that would mean one year. and she has been in jail far longer than one year. >> and so jean, you got this invitation to come to the defense party after the verdict. tell us what was happening, what you saw. >> well, first of all, i was invited as a journalist to stand there, watch, observe and report what was going on. and i want everybody to know that this was a restaurant across the street from the courthouse, this is where the defense has gone to lunch every single day of this trial. it is in the office building of cheney mason. so i think that they would go here for their get together after the verdict. it was a very small number of people. it was the staff attorneys, their assistants, someone from the public defender's office was there. the defense's mitigation specialist was there who told me she had all the witnesses lined up ready to go for the penalty phase because they have to be prepared for that. they weren't putting people down. they were relishing in what they believe was a fair verdict, a fair verdict for their client of not guilty. there were seven flat screen televisions throughout this restaurant. and they were watching the local coverage in orlando. and whenever the verdict was announced, everyone would watch and listen, watch the reactions, and they would clap. they would hug each other. they also watched the defense press conference and clapped and were very ecstatic, i believe, from just their opportunity to step before the microphones to voice their thoughts and opinions on this verdict. >> obviously they won a high-profile case. and one would expect them so to have celebration and reflection. any concern at all that doing it in a restaurant with the open window, people could look in and see the champagne and all that. any sense at all from them or perhaps from a perception standpoint that might have been a little much? >> you know, i don't think they even realized it. i think that this is where they go every day. this is where they veered to today. and i don't think it crossed their minds what the public perceptions would be. and you know what, they probably don't care. because they care about casey. and they didn't want to talk about the case. they didn't want to talk about the evidence. they wanted to relax. >> jean casarez, thanks for sharing that with us tonight and the casey anthony trial is over. the jury has spoken. but so many questions remain, including this one, who is caylee anthony's father? it was a big question mark going into the trial and the defense tried to use it to their advantage. here's randi kaye. >> reporter: it is the other question in the casey anthony trial. who was little caylee anthony's father? to answer that question, it's best to start with who we know it isn't. we know it's not casey's own father, george, nor her brother lee. the fbi's dna tests ruled that out. but that didn't stop the defense from suggesting it during one of the most explosive moments of the trial. >> were you asked to conduct a paternity test for lee anthony as to caylee -- caylee being the potential father of caylee anthony? >> reporter: jesse grund, casey anthony krae's ex we awn say isn't the father, either. >> i got a dna test to prove that i was not caylee's biological father. >> a pregnant casey told him the baby was his. but when caylee was born less than seven months after the couple had met, he knew it wasn't true. even so, grund wanted to be a father to her. >> did you love little caylee like she was your own child? >> a piece of paper couldn't tell me not to love her like she was my daughter. >> reporter: but casey anthony told different things to different people. according to this deposition by brittany sheiber, an old friend, casey told brittany she didn't know who the father was. brittany goes on to say that casey's best friend told her casey said it was just a "random one night stand". another old friend, molin molina calabrese told detectives casey at first said her fiance was the father. but after the couple broke up in 2006, casey said caylee's real father was a one-night stand named josh. casey gave no last name but said he was from georgia. >> did she tell you how old he was? >> actually, no. >> did she describe him to you? >> nope. she said he was really hot. >> and did she say what happened to josh? >> josh passed away in a car accident shortly after caylee's second birthday. >> that would have been 2007? >> reporter: and here's what casey apparently told her mother after revealing that her ex-fiance wasn't the father. >> who did you think caylee's father was? >> she gave me a name of eric baker. >> and did you ever meet anyone by the name of eric baker? >> no, sir, i have not. >> did casey -- what did casey tell you about this eric baker? >> he was two years younger than her, and he was an old friend. and she had seen him about the time that she started seeing jesse. he was in town and upset about a girlfriend or such. and i guess they got together. it was one night. and eric lived out-of-state. >> reporter: however, cindy said casey had talked to her about eric baker in connection with other friends who later turned out to be fictitious people. and although investigators did turn up a death certificate for an eric baker who died in a car accident, they don't know whether he had any connection to casey. only further adding to the mystery and the tragedy of the story of this little girl. randi kaye, cnn. >> our coverage of the verdict in the casey anthony trial continues in our next hour. also ahead, new developments tonight in another high-profile case. attorneys for dominique strauss-kahn preparing to meet with prosecutors in new york. this as he faces possible new charges in france. . ...immune function... ♪ ...healthy skin... and help protect your cells from environmental stress. everyday benefits from advanced formulas. the complete benefits of centrum. and if you're over 50, discover the age-adjusted benefits of centrum silver. ♪ [ doug ] i got to figure this out. ♪ [ dr. ling ] i want to spend more time with my patients. 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