a drowning in the pool, we want to hear it. we want to hear from casey anthonny. she s the only one that can say it. i d move to strike the whole opening statement of the defense if they ever get there which i don t think they can. bernie, i ll go to you on this one. the defense brought it up. they brought a burden of proof on themselves. we all know they zront a burden but said it. do they have to put casey on the stand? you would normally put the client on the stand. you have no burden but when you assume that, it s just a huge error. in order to prove it, in order to prove your case and have a closing argument based on opening you would have to call your client to say you know what? it was an accident. she drowned that. is not going to happen. the prosecution isn t is a fix here, closing arguments they re going to say this is how the case started. grandma called the police saying there is something
refresh his memory and his recollection . what does that tell you? it is a family witness. you ve seen thousands of them. whenever someone is charged with a crime you bring in the mother, brother, sister, they remember everything i want them to remember on direct. on cross-examination, it is just natural. they are going to get some push-back. fight with the prosecutor. things like this are extremely stressful. i don t know why he s crying. i ll yield to the people in the courtroom who are watching. his niece is dead. his sister is could be murdered within at the end of this case or get a murder warrant put out as a result of this conviction. it is stressful. i don t know why the poor man is crying. but, it gives casey anthony some juice with the jury. which is i have family members that cry a little bit with when they are in the room with me. so i m somewhat human. judge jeanine: you said you have family members who cry
thought in the past if you find them it helps you make a determination of drowning versus something else. i think the literature discredited that. i think there is very little you can do to try to differentiate out drowning versus other causes. but do you know what? this is a murder one case, if the claim is drowning if it s everywhere these diatomes why not test the bone marrow? say do you know what? we ve got a little evidence here, it s some evidence of drowning? they didn t do that. what does that tell you? you know. you know, have you to, you know when you asked for a test you have to be ready to understand what those results are. since basically it s a field that is somewhat discredited people do not understand what particular result would mean, i think it s pretty much useless i think for the prosecution and if the defense decided to have this done, and have it tested and find
baid job in this case. i think he s doing the best he has with the hand he was dealt with and he s been dealt with a dishonest client and doing whatever he can to save this girl s life. all right, bernie. is he doing a good job? jaes yeah? he s doing the best he can. everyone will agree with you. we can sit here and criticize, stand up and be in the courtroom with all of those facts against you. try to do the job he s doing. it is hard. right after the break, more with our legal panel as they react to today s emotional testimony fromรง the brother of casey anthony. will it impact the jury? more of our two-hour casey anthony special, next.
they document not just by the way the work records that the prosecution has already admitted into the evidence or the judge has allowed in. that she was working at this time. let s assume she lied. let s assume they can identify from her computer at work or from the fact that she was somewhere else. that she wasn t on that computer. you don t file perjury charges again the mother of the defendant, do you? well, i m gonna tell you judge that i think we have forgotten, as a nation who the victim is in this case. we pass on sympathy for all the people that remain on earth. but this little girl is rotting she rotted in a swampy vacant lot. i think you go after the mother. if she wants to commit herself to this lying and interact and maybe derail a death penalty case, i think the prosecution