So let me get this straight.
On March 18, 2010 Casey Anthony was declared indigent by Judge Strickland after Jose Baez revealed he had blown over $250,000 received on Casey Anthony’s behalf – $200K of which was paid by the “American Broadcasting Company” as “licensing fees” for Casey Anthony’s “pictures.” Of importance, was the fact Jose Baez said he had “no more money.”
On May 6, 2010 a budgeting hearing was held by Judge Perry; notably, he denied Jose Baez’s request to have JAC provide funding for a “Jury Consultant.”
On July 30, 2010 Jose Baez, Dorothy Clay Sims, Michelle Madina, and Jeanene Barrett meet with Casey Anthony in jail; notably, they are accompanied by a man named Richard Gabriel.
On April 9, 2011 CBS (the Columbia Broadcasting System if you’re reading Jose) released a teaser for “48 Hours Mystery,” which shows an assembled focus group (read, “mock jury”), moderated by an unknown person, who asks: “If the only charge was First Degree Murder, who here would vote to acquit [Casey Anthony]? Please stand up.”
And just who is that unknown person moderating the assembled focus group; many astute followers of the Casey Anthony trial have opined that if you remove the beard, it looks remarkably similar to Richard Gabriel, whose website biography describes him as a “leader in the field of jury research, jury selection, and litigation communication.” The biography goes on to inform us that he ” is currently working with attorneys in the Casey Anthony matter.”
So what are the odds that the unknown moderator is both jury consultant Richard Gabriel and the Richard Gabriel that met with Casey Anthony on July 30, 2010.
If it is, there are two very interesting questions that are raised.
1. Was there a Privilege Waiver?
As most of you know by now, there are two primary mechanisms that protect a defendant’s Fifth Amendment right not to incriminate themselves and their Sixth Amendment right to the assistance of counsel. These two mechanisms are the Attorney-Client Privilege and the Work Product Doctrine.
However both privileges can be waived if the defendant or her counsel communicate privileged information to third parties.
Normally communications by a defendant or her attorney with personnel like paralegals, investigators, interns, over-the-hill attorneys, and jury consultants – yes, jury consultants – carry the same protection as communications directly between the attorney and the defendant so long as they work for the attorney; as the privilege is imputed directly to them.
But if the defendant, attorney, or the personnel divulge this information to a third-party with no expectation of privacy, the privilege is waived.
So if the Richard Gabriel that visited Casey in jail, and jury consultant Richard Gabriel, and the unknown moderator of CBS 48 hours Mystery are all the same person; it makes you wonder if Richard Gabriel disclosed “privileged” information to 48 Hours – did the defense waive any privilege that they might have enjoyed as to either their defense strategy or statements made by Casey.
2. How was Richard Gabriel Paid?
Which brings me to my final question.
If Jose Baez wanted a jury consultant, but Judge Perry denied him funds for a jury consultant, and yet Jose Baez subsequently shows up to the jail with a Jury Consultant; how did Jose Baez pay for the jury consultant.
Could it be that rather than pay Jose Baez “licensing fees,” CBS simply footed Mr. Gabriel’s fee and the focus group’s services (yes, they would need to be paid to listen all that evidence and testimony) in exchange for the Casey Anthony defense team providing CBS with exclusive rights to film the focus group’s reaction and have insight into the defense team’s planned defense?
Which raises a very academic, yet timely question: Do in-kind services have to be reported to JAC?
Sounds like some more Jose Baez chicanery to me.
106 responses to “What are the Odds?”
Oh dear! Jose Baez chicanery, Love it!
Glad you’re on it, Richard! Thanks for posing the questions. Looking forward to HHJP’s reaction re jury selection and what the DT has done to taint the jurors.
Detective Hornsby. 🙂
Could it be possible he is offering his services pro bono, as are several attorneys in this case?
Why must everything Casey Anthony and/or Jose Baez do be circumspect?
You’re kidding, right?
Are you new?
Because we always need to be alert and on guard when it comes to anything anyone on the defense team (or Casey) does, based solely on their prior bad acts.
Ummmm, I don’t know, maybe because IT IS?
I think you’ve caught JB with his hand in the cookie jar. Good work.
Love the term…”chicanery”. So fitting for Jose Baez’ actions.
Seems they’ve just proven a fair jury can be selected in Orlando. I hope Judge Perry takes advantage of this gift from the defense.
It’s always been about following the money.
Great article Richard. Now my question is when are the cuffs going to be placed around Bozo’s wrists? How can one find out if the 3 Richard Gabriel’s are all one and the same person?
Richard thank you for this wonderful expose. You never cease to amaze me.
I hope if this CBS show has a call-in section you will do that. Even better forward your blog page to the JAC, Jeff Ashton and Judge Perry.
Thanks
Thank you for the article!
Wow! Unbelievable! How do these people sleep at night?
Maybe CBS will pay for KC’s outfit for trial! This was not my idea though, I believe it’s possible!
Excellant Richard…you make my time here worth the while every time.
I do so hope this falls under the eyes of not only hizzoner JP but certain persons in the JAC as well. Looks like another opportunity to call ol’ Hosey to belly up to the bar for another round of complaints.
I do wish he’d go away. He gives me a headache.
Sooooo Richard, what’s the answer to the question……do in-kind services have to be reported to JAC?
Excellent article Richard!
wow,, Thanks Mr Hornsby..
I was thinking , since Judge Strickland said NO to a jury consultant, and told Baez to pay out of his own pocket….. Could Baez have enlisted a consultant,Gabriel, and told him…. ok, I cannot pay you,, but, this is a big high profile case and CBS will give you a spot on 48hr mystery with pay,, and notoriety, so, could you consult for my client free??? Is this possibly what Baez is up to??
I am just agog over the shenanigans and chicanery… Please keep posting… We are to the wire..
I am sure that is how Mr. Baez would describe the arrangement if pressed by Judge Perry. On the other hand, if Mr. Gabriel was not really willing to work for free, then it is no different than CBS paying Baez and Baez paying Gabriel. It is an arrangement called Payment of In Kind Services, which is as follows:
CBS’s gets the media rights to report on the mock jury’s “verdict” and gets inside information on the defense team’s strategy; lets put a value on that of $50,000.
Mr. Gabriel gets his fees paid by CBS (why should he care who is paying him, as long as he is getting paid); again $25,000.
Baez’s receives the value of Gabriel’s consulting services and the cost of the mock jury; lets put a value on that of $25,000
Richard,
Great job, as always!! I do believe, that indeed, the 48 Hr. broadcast will taint prospective jury pools everywhere in the State of FL. Baez may have shot himself in the foot with this one. Do you think this will give HHJP the perfect excuse to select a jury from Orlando saving the taxpayers a ton of money?
Richard – thank you! You rarely let us down! Chacanery Indeed!
Thank you so much for putting it all together in such a great package, for ALL to see just what this defense is up to. The pictures of “Gabe the Great”, along with his name so clearly seen on Casey’s visitor log (Thanks Florida Sunshine Laws) just scream Jose ‘chicanery’. Now, what can be done about all this?
Mr. Hornsby, does this mock jury’s decision support that people in the Orlando area can be placed on the jury? Seems to me,based on the decision of the mock jury, there are those quite capable of a not guilty if the evidence is not convincing.
This is my first time posting here, but I googled Richard Gabriel and his profile on the website for Decision Analysis states “he is currently working for the attorneys in the Casey Anthony matter.” Very interesting…..
Begs the question … Is there anything that Baez would not resort to? What level would he sink to? Does he have a moral compass or ethical boundary? Do dirty tricks equate to zealous defense?
Thank you Nicey.
Mr. Hornsby……..
I have been intrigued by the fairness in your posts with reference to this case. I have watched it closely but at a distance rather than very much comments. However, learning about this Baez chicanery has me up in arms.
I don’t think there is any doubt that this is Mr. Gabriel leading the Mock Jury in the CBS show. I took the picture of him from the teaser and compared it to the picture posted on his website and I don’t think there is any doubt.
Now, question: Your being a lawyer maybe you can answer this but isn’t there any way Judge Perry can stop this from being shown before the jury is chosen? Obviously it is a blatant attempt to influence probable jurors, and I have NO doubts whatsoever that it was set up in cahoots with Baez and Mason. Seems to me since this guy Gabriel was allowed to meet with inmate Casey, there should be some kind of restraint involved in this somewhere.
Look forward to your answer………….
That is the million dollar question, does the involvement of 48 Hours Mystery in the “mock jury” waive any work-product privilege that it would have otherwise been cloaked in. Because it was aired before trial, I believe any expectation of privacy has been waived and if the State was slick, they would track down every one of those mock jurors and find out what was told to them. It would then be up to Jose Baez to object and prove to Judge Perry that he is entitled to invoke the work product privilege.
And perhaps this is exactly why the prosecution DOESN’T make some objection to this, Baez is the epitome of the adage “give him enough rope and he’ll hang himself”
Why should the taxpayers have to pay to seat an put of town jury due to the media attention when the defense, and the Anthonys have been the ones who have taken their version of the case to the media over and again? I have not seen the prosecution once, but have seen the defense flood the media, and to top it off they often flat out lie. Hopefully Judge Perry will stop this.
Thanks for the timely information Richard, it always amazes me at how ignorant Jose Baez is. He tops himself at every turn. And of course the sheer love of money knows no bounds as another broadcasting company can’t help themselves from not reaching into the money pit to put on a show that clearly is being aired to taint any jury pool out there across the land. And I wonder just how far this will go. Could Judge Perry call in some reps from CBS to inquire about the funds paid or gratuities offered in lieu of payment. And just how deep into this does Baez and co. go? Should the JAC pay him or any of his cohorts which robs the public of tax money when he is reaping more rewards from yet another network who plainly doesn’t care if little Caylee gets justice or not as long as they make a buck. Hey it sounds like the Anthony clan. I’ll be anxious to see and/or hear Judge Perry’s response since the budget is so tight right now, will he be very interested in where the funds are being channeled for this show? I think so.
Regrettably, although the arrangement is shady, it does not appear to be illegal so long as Casey Anthony is indigent and the money did not go directly to her.
Thanks and I agree, it’s very regrettable. I just hope that Baez and Co. end up on the regret side of the plug nickle.
Thank you Mr. Hornsby Esq. for your ethical and professional detective work.
YaYa, BUT, I’m dying to know did the defense waive any privilege that they might have enjoyed as to either their defense strategy or statements made by Casey???????
What do you think Mr. Hornsby Esq. ?????
Thank you Richard for answering a questiong that immediately popped into my mind when I heard about this CBS (Complete Bull Sh*t) special
which was: They have to be getting paid somehow and how is the money being funneled to the defense
Thank you for putting it simply for a simple layman 🙂
You answered my question while I was typing it! Thanks
This case just gets curiouser and curiouser!
If the state attorneys go for it and find out who the “jurors” are and what was told to them, will the prosecution have to depose them? Will this delay the trial?
Love the term “over-the-hill attorneys. So fitting.
Richard, thanks for once again sorting out jose’s tedious f*ckery for us. It is unending. Do you think it’s reasonable to be worried about jury tampering as well as everything else? Cause why wouldn’t he? It’s not like it would be beneath him. Or am I overly-paranoid?
I just hope the judge and the state are aware of the defenses media ho’ing.
Richard, bravo, bravo. You sure have given us some food for thought. Excellent detective work. Hey, who’s replacing Yuri? *wink
Mr. Hornsby,
1. Could the state add Mr. Gabriel and the ‘mock jurors’ as well as cameramen and anyone whom was witness to this “Mock” trial to their witness list and depose them?
2. Is a benefit in kind, not the same as cash—> value received and couldn’t JAC file a bar complaint against jb for circumventing proper channels?
3. Could the state subpoena all footage, aired or not from this mockery of justice for Caylee?
Good questions, but I don’t have any answers.
If you receive a service paid by someone else, it would be classed as a benefit. Normally such benefits are taxable so it would be the same as if the recipient of the service rec’d cash. The JAC should certainly look into this even if Mr Gabriel says he is working for Casey pro bono.
Richard, sry for jumping in here and I don’t mind being corrected if I am wrong.
Holy Spanish Mackerel! Thanks for the very informative and enlightening article Richard! I have a big ugly pit in my stomach over this CBS airing – even more so since you’ve spelled it out pretty damn clear what JB has done. I can not believe that he found a back door – or yet another way “around” the system that’s suppose to be fair. Why does it seem so UNFAIR and down right DIRTY!!! Even though it’s not unethical (I guess) what he’s allegedly doing – my question is – will the Florida Bar care anything about this or will they not have a care at all. I believe in a fair justice system, but damn…this just seems so dirty, dirty, DIRTY!
And don’t you just know that baez is laughing his head off over this. I wish the Florida Bar would find reason to stick a fork in him already. It’s guys like Baez who give Defense Attorney’s a bad name.
Mr. Hornsby……..
Thank you for answering my question. It’s good to have a respected attorney’s opinion. Perhaps like you said they could talk to each one of those mock jurors/actors and find out what they were told. Wouldn’t it be something if they (Baez & Co) opened up priviledged information!!! Also, seems to me LE could subpoena Mr. Gabriel, put him under oath, and ask him if he arranged all this or what part he had in arranging it. I just can’t see the legality of this guy going in under the umbrella of counsel privilege, interviewing Casey and then doing a national TV show on the information………..all before a couple weeks before a jury is chosen…………
Bees Knees…………………I think it is VERY reasonable to be worried about jury tampering……he (Baez) has proven how unworthy he is of trust to do the right thing.
Oh yes…and happy belated birthday! I saw you on Headline News yesterday! Good JOB! I hope you will continue to to be a guest with them! A frequent one!
Gotta love the way Jose keeps endearing himself to Judge Perry. He is the polar opposite of everything Judge Perry stands for. Does this man EVER think about the consequences of his choices?
Oh, and a belated but very Happy Birthday to you!
It’s embarrassing how much on the job training and schooling JB is getting by Judge Perry during these hearings isn’t it? As much as I can’t stand the guy I honestly am embarrassed for him some days! I though he passed the Bar? *scratches head* You sure wouldn’t know it by observing him. Some days it’s like tuning into a live college course of mock trials!
And one more thing!
Regarding this “mock jury”… Did they just hear the defense side of the whole issue or what? Cause I’m thinking if they heard what the State (Ms. Drane-Burdick and Mr. Ashton) has against the defendant – I don’t believe any one of them would have stood up! This show is sure to be a an hour of fictional hogwash and I don’t think I will be watching. I will be tempted for sure, but I will make sure I make plans to go out and busy myself with some other type of entertainment the night it is aired so to avoid temptation.
Ugh…talk about something being so under my skin….grrrrrrrr
Richard,
Do you think this “mock jury” 48 Hours special is why JP said if they don’t get the jurors in the “secret” county, we’ll be back to Orlando to get them??
He told the defense they would have the chance to argue why he should choose a 3rd venue. Will JP throw this mock jury “not guilty” verdict back @ the defense being this focus group are from Orange County?
Mr. Hornsby………
Along with the CBS fiasco there is another thing they are trying to pull that stinks to high heaven………….
I have just read the state’s Motion in Limne as to Testimony of Mental Health Experts:
http://www.cfnews13.com/static/articles/images/documents/casey-mental-health-0412.pdf
It seems they (Baez) are trying more trickery in that they want to get testimony in from Casey without putting her on the stand. We have all known from the beginning that the only way for her to change her testimony that it was Zanny would be for her to take the stand and testify. They think that by using these two doctors they have found a way to get her testimony in without putting her on stand.
Mr. Ashton’s motion is trying to put a stop to that. The Drs. report says there is NOTHING clinically or personality wise wrong with Casey, and they just want to give their opinions. As stated in Mr. Ashton’s motion, their testimony does not relate to a legal defense to any of the charges contained in the indictment.
Some may call this “good lawyering” but I call it plain fraud.
What is your opinion?
Cheney Mason wanted the good doctors to rebut the ‘consciousness of guilt’ that was worded in Judge Perry’s Order when he denied the motion to supress the Universal interviews etc. I stand to be corrected.
The defense was seeking to get Casey’s story in front of the jury without her actually taking the stand. The prosecution today filed a motion seeking to prevent this. I posed this very question to Mr Hornsby on his post “We Can Only Dream”. Consider yourself corrected.
Let’s see what Richard says. I believe, if the doctors are allowed to testify, they can speak on Casey’s behalf without her taking the stand. Liz, did you read the defense motion?
as per the defense motion~
For both doctors, the defense has stated that each “is a necessary witness to rebut recent rulings related to the Defendant’s state of mind an consciousness of guilt.”
the defense’s response to the denial of the motion to suppress was already received, & denied by HHJP. the testimony of the 2 mental health experts would’ve been part of any hearing – if one had been granted, which it wasn’t – in response to the denial of the motion to suppress….the defense is wayyyyy out of line on this. snarky sneaky shady bozo is the one with the media on speed dial, not mason so much. bozo has no case, he should’ve plead it out before december 2008 & failed, & now he’s trying the case in the media even before the decisions on the admission of evidence are ruled on; he’s a fool’s fool. jmo
Read the prosecutor’s motion smarty pants.
Well … If you slant the mock trial presentation with a Baez bias and skew the question to the opposing extremes … You engineered an expected result. This is silly.
If it isn’t fair and balanced with the Prosecution presenting their case then it means less than nothing and, I am confident the Defense only reveal selective tidbits.
The Defense get better feedback floating theories in the blogs and media. This was done purely to make money and get some spin out there. However, it can and will backfire.
The Defense really needed a mock trial that was highly analytical and critical to test their strategy and refine it, not one skewed to favor them and limit the options — it does not help identify the flaws and holes and creates an over-confidence … A recipe for failure.
actually, given that most public information is geared to an audience with a 5th grade reading level, it wouldn’t surprise me if this tactic works to taint the potential jury pool, to some extent. narcissistic psychopaths like Casey Anthony rely on her contacts to not look too deeply, to not challenge or question, & to remain superficial…..same as the media – particularly CBS & their 48 Hrs program producers – don’t expect the audience to be critical thinkers & do expect the audience to take what they’re feeding them at face value.
i hope FL jurists are smarter than a 5th grader. jmo
Bravo to Mr. Hornsby for his great sleuthing!!
Richard, I find it hard to believe sometimes that you are a defense attorney. Too bad the State’s Attorneys Office doesn’t pay as well as private practice your would make a great prosecutor!!
Richard
This is O/T for this discussion but please can you tell me , do all 12 jurors have to say guilty for the verdict in the guilt phrase ? or how many if not all 12. I know in the penalty phase it doesnt have to be all 12. There is different answers all over the place right now so if I get the answer from you then I will know it is the right answer. TIA
Fran, their decision has to be unanimous in the guilty phase of the trial.
Make that *guilt phase so I wont be corrected. LOL
Richard
I got a question for you.
All the money that Casey received for
Licensing fee’s does she have to pay
Taxes for that money ? And what about
Any money the family may have received
For licensing ?
Thank you
Sue
I’m glad you’re at least acknowledging this Richard. No one else within the legal community of Orlando is willing to do it. I respect your ethics. I like how you stand up and speak your mind without denigrating any one who doesn’t justifiably deserve it because of their actions. Law is still a noble profession. Your dad would be proud. Yes, I have read your bio.
I couldn’t agree more! I have so much more respect for Richard than any of the other attorneys who opine on this case.
I’m curious Richard. Why shouldn’t this effect the Change of Venue issues? It could save Orange County $350,000 if they didn’t have to go outside to find a jury.
Common sense would suggest that if the Richard Gabriel involved with the Casey Anthony case was NOT involved in the 48 hours episode, a statement should be issued either by him or through Casey’s defense. Just sayin’
Since when has the DT used any common sense?!!! Just saying. I would not put this manuever past them.
I am totally sure that all the “evidence and testimony” that was heard by the “mock jury” (mockery?), was very, very edited, slanted and quite one-sided. Thank heavens the “real jury” will hear the State’s entire case.
Whoa. That’s all I’ve got. I hope Vinnie Politan has you on again to discuss this.
All of this finagling only hurts Casey Anthony by association.
Another great article Mr. Hornsby, I’m wondering what will become of Mr. Baez after this case, does the Florida Bar have the right to investigate the ethics of an attorney? I just wonder if there is an attorney out there in Florida, willing to take on a case against this so called defense lawyer. I truly believe he’s a scam artist, trying to make a name for himself. If I had to vote for attorney, you are Mr. NeJames…….oh the irony would be rich!
oops last sentence should state you “or” Mr. NeJames sorry for the typo
Mr. Hornsby:
With the discussion of who’s leaking information it reminds of kinda a parallel issue that is pretty common when it comes to infidelity, please bare with me on this one…
It is not uncommon for the adulterer to accuse the other spouse, who is innocent, of committing adultery. Often times to clear their consciousness which recently came to mind last week during the hearings. Baez was searching for someone to blame for media leaks and with what you’re hinting too it is apparent that Baez has a guilty conscience and is pointing fingers when its actually him with his pants down. It wouldn’t be surprising if this is the angle he pursues, using a jury consultant to spin another story which would be picked up by CBS, as the defense of his client has yet to be surmised or realized… However, CBS, IMO, is skating on thin ice wouldn’t you think?
CBS and the Baez defense team have been in each others pockets in one way or the other from the get-go. 48 Hours did a piece early on and now this….I don’t doubt that there will be at least one more show concurrent with the outcome of the trial…did they contract for 3 episodes from the outset?
What I can’t figure out is how on earth Baez squared his trust account with judge Strickland during the in-camera they had on the issue.
oops, wasn’t finished. lol
It seems unlikely to me that the in chambers meeting on the trust issue could have been more than cursory, otherwise how in the heck could THAT MUCH money be accounted for when it doesn’t seem that much of anything, other than paying lawyer fees, (for something?) had been done to that point.
I’m of the opinion that CBS has been and will continue to be the financier of this defense…..
It’s all very scummy but no more than we’ve come to expect.
Thanks, Richard, as always…great read!!
Queen LaTweeta Well said and I tip my hat to you
Queen the same thing could be asked of you. Ignore if you do not like the comments. You are disrespecting Richard’s blog, or do you not care?
What Did Casey Tell Psychiatrists?
Prosecutors Ask Any Mention Of Information Be Kept Out Of Court
“The bottom line is there experts are a conduit to get in Casey Anthony’s hearsay so she doesn’t have to testify,” said Hornsby.
http://www.wesh.com/casey-anthony-extended-coverage/27535774/detail.html
WOW!!
I’ve found a defense attorney I actually like. Never thought it possible.
Thanks for the great articles.
Well, at least now we know that boo hoo baez can no longer CRY that casey cannot get a fair trial or an impartial jury! Hopefully Judge Perry won’t need to spend all that money to get prospective jurors from other city & counties of Florida, he can just get them from Orlando!
And just an FYI, casey via baez was given MORE than $345,000.00. That is a huge sum of money NOT to have to account for. Where DID it go indeed, especially since EVERYONE on the scheme team with the exception of baez was working PRO BONO!
Why and where did Casey get 345,000.00 from?
Terrific article, Mr. Hornsby!
I look forward to the future headline: “Jose Baez hospitalized with self-inflicted gunshot wound to the foot. Hospital officials report he is in “stable” condition. Florida Bar officials report his career as “critical”. 🙂
Mr. Hornsby,
Thank you for all of the informative information you put out to the public. I enjoyed watching you on TV and hope that you are considering being a correspondent for this trial. It is a pleasant change to hear clear, concise Florida Law being used in reply to the questions that are poised to you. My thoughts are if JB can bring in that much cash for just another young mom who killed her child; you should be offered a nice deal to cover your loss of earnings while helping to cover this circus of a trial. All the best to you and thanks again for telling it like it is. Hope to see you participating in the coverage of the trial.
Let’s just hope this “chicanery” ends up being reported to the JAC!!!!
I don’t think anything at all will happen with this situation, I don’t believe it will even receive a mention in court, because that is how Perry rolls. He won’t let anything derail the ‘loco’-motive, (see what I did there?). He wants the train to hit the station on time, express, with no stops, and in one direction only. No replays.
Clearly, the mock jurors would not be accepting the assignment without compensation, and if there is any money at all to go into the defense, particularly a route that was utilized before, through media pay-offs, more than anything else, it would seem to negate the fact that Casey Anthony is truly indigent, since she still has earning potential, even though as I’ve stated before, the compensation method is finagled, convoluted and rinsed through the wash cycle. After all, “48 Hours” is not the Innocence Project.
For all of the complaints and motions from the defense decrying potential jury pools being poisoned, or the state being too privy to their theory, or the public at large knowing too much, they allowed another party access, to share this information with 12 people hired by a media outlet, and on a national level, no less. But I am not naive enough to believe that Perry will not give them jurors from another venue, because he doesn’t want appeal issues. And really, it all comes down to what is fair for Casey Anthony, because Baez is the one who is probably stretching ethics and law, and not the defendant. All of these back door antics only make her look bad, but most people aren’t following the case, and don’t really know what he’s up to, yet. If any of these things come up during trial, though, it will create a distrust of him, and the jurors will convict based on his behavior, in part. If he isn’t trustworthy, neither is his client. She picked him, and ostensibly, rubber stamped his methods and theories.
I would say the odds are in favor of Richard Gabriel being in the employ of Jose Baez or someone else who is footing the bill for his services on Jose’s behalf.
But I would hazard a guess that Baez is too ignorant and too wrapped up in himself to accept any honest criticism or recommendations Mr. Gabriel might offer him. Thank you so much for apprising us of the types of services Mr. Gabriel’s firm provides to reasonably intelligent attorneys who are receptive to honest criticism and willing to seriously consider any and all recommendations that could help them better represent their clients’ interests to potential and future jury members.
TV is subject to editing. Isn’t it just possible that the mock jury did NOT stand up…and then they were told to STAND UP so they could leave the room…and thanks to clever editing, it would appear in the show that their decision was aquital. CBS is simply trying to increase their ratings—but they should be ashamed that they choose this instead of something else.
I will forever boycott CBS and urge you all to join me.
One question, have you boycotted ABC? Because what they did was much more unethical than what CBS is doing. Boycotting a network will not do any good. If you were to boycott anything, it should be 48 Hours.
I think that a more effective approach is us to express our collective disdain towards the advertisers and sponsors.
I just watched it on CBS’s website, the main advertiser was BP, which I recommend you boycott anyway.
Did LKB not just help to convict her former client on 4 of the charges outstanding against her?
Great article
While it is offensive to many ordinary people, who feel that truth and justice matter, defense lawyers can and do make all kinds of untrue statements to the media in an effort to either portray their client as “innocent” or simply to defend them. This is their job, and it should not surprise any of us. Take a look back at some of the statements made by O.J. Simpson’s lawyers. It’s called “spin.” What happens in the courtroom in the actual trial is an entirely different matter.
What is truly offensive and irresponsible here, in my opinion, are the actions of CBS in making and airing this show prior to trial. Although we haven’t seen the show yet, the teaser is obvously a sensationalistic effort to attract viewers and pump ratings. We do not yet know what “facts” of the case will be noted by CBS, nor what “evidence” was presented to this focus group. I would assume and hope that CBS has not simply given the defense team a national platform for presenting their spin, while prosecutors ethically hold their tongues and prepare their case for the courtroom. I can’t fault the defense for taking advantage of that opportunity, but I certainly can and do fault CBS for giving it to them.
Responsible journalism would dictate that 48 hours present an unbiased and balanced look at the facts of the case. We will see many such programs post-trial, programs which take an in-depth look at the case and the evidence. This 48 Hours Mystery pre-trial program appears to be something else entirely.
I am in complete agreement with two different gentlemen who study and teach ethics in journalism, and are quoted in the Sentinel:
The program’s unusual approach is “shameful,” said Al Tompkins, an instructor at the Poynter Institute, a school for journalists. “We have a system in the United States that works pretty well. It’s a system of discovery, of hearings, of cross examinations, and it’s worked pretty darn well for a long time. We have no business trying this case.”
Also:
A proxy jury raises questions in the first place,” said Tom Rosenstiel, director of the Project for Excellence in Journalism. “If you’re doing it with someone who’s actually working with one side, the questions about what you’re doing multiply.”
I agree with you that what ABC did with the licensing fees was even more unethical. The amount raised eyebrows even within media circles, although outright criticism of their actions (by other media) is hard to come by. I believe the Poynter Institute did make a statement about the questionable ethics of “licensing fees,” however.
Mr Hornsby, I will be watching CBS 48 hours in order to determine if it is biased, Baezed or the previews are just a lot of hype to capture the viewer. I will agree that the timing to air this show is in very bad taste. Ratings seem to take priority over possibly tainting a potential jury pool.
The defense dropped Dr Danziger for both the guilt and penalty phase and kept Dr Weitz for just the penalty phase. So much for rebutting the ‘state of mind’ and ‘consciousness of guilt’ so I am glad that is out of the way.
I really appreciate you taking the time for us ‘little people’ aka armchair detectives. Thank you so much.
It was a very good day for Caylee.
Amen.
What did you make of the highly prejudicial argument made by the state, of the doctor testifying, prejudicial against whom? Casey Anthony, or the state’s case? Any theories?
There are SO many lies in this case it’s hard to go through them all.
http://www.youtube.com/watch?v=bY9Pjh0tZ8k&feature=youtube_gdata
There are 15 parts to this and goes through the whole saga from beginning to end.
Thank you Richard for your analysis. Too bad there are “pickled” brains out there soaking in fermented urine and feces….rabid and wanting to pounce on the keyboard. I’ve been following this case for more than 2 years. No suprises here (for me). I expect Ms. Anthony will plead guilty JUST before the trial starts (jmo).
Too bad you have trolls (jonathan, mainstreamfar, detwil99) – all “snoopy”. She appears to be one haggard, disgruntled miscreant.
Have a great day, Richard. I’m thinkin the national media would LOVE you. Think about it!!!
So what was 48 Hours like? Did they reveal any big secrets to the mock jurors, or the audience?
Mr Hornsby, do you think Linda Kenny Baden broke the attorney/client privilege when she told CBS 48 hours that Casey lied and there was no nanny? If I am correct, the attorney/client privilege still stands even tho she no longer represents Casey. I did not hear that Casey ever waived her rights re LKB. Your thoughts. TIA
From what I’ve read, the 48 hours show had a focus group on, and it didn’t appear that they were privy to any information that the public hasn’t seen. I don’t know how anyone could honestly state what their vote in a jury pool would be without evaluating the most important aspect of this case, and that would be photos of the remains in situ and autopsy photographs. Regardless of anyone’s theory on the duct tape, I’d have to see it for myself to determine where and why it was there. Casey Anthony may be guilty of something, but without seeing the duct tape placement, I could not conclude that this was a premeditated first degree murder, nor could I conclude that it wasn’t.
I was thinking since it was said that George went out on Cindy at one time, (maybe, maybe not) that he, if he did went out with a grown woman. Had he been a man who abuses children, this was not likely to have been with a grown woman. I do not believe that man did abuse his daughter or the daughter would not allow the child to stay around him. Also she would throw anyone under the bus if she would kill a child. I do not believe George had anything to do with that. He is an ex-law enforcement and security person and could do a better job of getting rid of a body. I do not believe he could allow his grandchild to lie in the woods at the mercy of the elements and animals such as was the case. Casey may have had help from someone to remove the body from the car trunk (Lee or a boyfriend?.) There is so much being said by her not saying anything that she is just plain evil. I believe that family has done the best they knew how working with that girl from the time that baby was born. Casey lost what conscious she has by using drugs and alchol as drugs will sear a the conscious of a person and turn them into whatever selfish, self-aborbed person she is. She is not crazy. She had sense enough to plan, execute and hide the evidence and knows right from wrong. Circumstantial evidence weighs just as heavy as the physical evidence when there is this much circumstantial evidence.