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Posted: Jan 04, 2010 6:07am Post subject: Casey’s Predicament |
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Casey’s Predicament
Posted on January 2nd, 2010 by by Valhall
There are few statements by Casey to law enforcement concerning her version of what happened to Caylee. This is due to the fact that she immediately began to handle the situation, once Cindy reported Caylee missing via 911 calls, in the same manner she had handled any other situation in her life for at least two years, but possibly longer. Her modus operandi – lie. The reason I state that Casey’s lying is why we have such a brief compendium of statements directly from her to anyone in law enforcement is because it was her lying that resulted in an arrest within 24 hours of Caylee being reported missing. And from her arrest we see an immediate “lawyering up” by Casey. Some contend that Casey may have actually begun the process of obtaining a lawyer prior to this arrest.
Of course, as has been discussed by many, Casey’s refusal to assist in locating Caylee (based on the assumption her original story of kidnapping had any merit whatsoever to it) speaks volumes toward whether she is, in the words of Cindy, “a victim, too”. Some will say that Jose is the reason Casey never gave further statements to law enforcement to assist in the locating of Caylee (assuming an alive Caylee at that point), and there is evidence that Casey entertained talking to law enforcement but was shut down by Jose once he was informed of the planned meeting. But, this does not eliminate the appearance that the only thing Casey had to offer after the initial interviews with law enforcement at the Anthony home and at Universal Studios on the 15th and 16th of June, 2008, would be incriminating of Casey instead of helpful in the locating of Caylee.
Simply put, logic would have it that since almost every statement made to law enforcement by Casey in the first 24 hours was a blatant lie, if Casey was not involved in the disappearance of Caylee then her own lawyer would have advised her to assist in finding Caylee. And let’s be clear on something, even when we’re looking at the first arrest based on false statements to law enforcement and endangerment of Caylee, if Casey were innocent of involvement in the disappearance of Caylee, and nothing more than a victim herself of a kidnapping of her child, Jose Baez would have been working to get those charges dropped via Casey’s cooperation in finding who REALLY had Caylee. And this Catch-22 (among many) the defense is currently creating for themselves via their now revealed defense that somebody else had Caylee, and subsequently placed her body where it was ultimately discovered will be the reason we can be assured Casey WILL spend time in prison, if not lose her life.
Now, to be straight, if the defense’s motive is to create enough reasonable doubt to prevent the death penalty, if found guilty of first degree murder, or to prevent a guilty verdict in the first degree murder trial, then they really don’t have much choice than to go with this tactic since their client has eliminated the possibility of claiming an accidental death and subsequent concealment of same. In fact, I would go so far as to say the defense team themselves have eliminated this possibility. One would think if their tactic was to prevent the first degree murder conviction they would have jumped on the opportunity presented when Dr. G. announced the cause of death could not be determined. So if the defense team were planning to present an accidental death scenario, that would have been the time we would have seen it.
So let’s look at the first two statements made by Casey to law enforcement immediately after Cindy made her 911 calls.
July 15th, 2008 – 911 call:
CMA: Hello?
OP: Hello?
CMA: Yes.
OP: Hi. Well can you tell me a little bit what’s going on?
CMA: My daughter’s been missing for the last thirty-one days.
OP: And that you know who has her?
CMA: I know who has her. I’ve tried to contact her. I actually received a phone call today now from a number that is no longer in service. I did get to speak to my daughter for about a moment, about a minute.
OP: …And now your, now your three year old, and your three year old daughter is missing? Caylee Anthony?
CMA: Yes, Caylee Marie Anthony.
OP: A white female?
CMA: Yes, a white female.
OP: Three years old? 08/09/2005 is her date of birth?
CMA: Yes.
OP: And you last saw her a month ago?
CMA: Thirty-one days. It’s been thirty-one days.
OP: Who has her? Do you, do you have a name?
CMA: Her name is Zenaida Fernandez-Gonzalez.
OP: Who is that? Babysitter?
CMA: She’s, she’s been my nanny for about a year and half, almost two years.
OP: And, why, why are you calling now? Why didn’t you call thirty-one days ago?
CMA: I have been looking for her and have gone through other resources to try to find her, which was stupid. But…
OP: Okay. Can you, can you give me the name of the ba…the nanny again? Like spell it out for me?
CMA: Zenada; Z-E-N-A-I-D-A.
OP: Last name?
CMA: Fernandez.
OP: Fernandez?
CMA: Hyphen Gonzalez.
The next statement we have from Casey is her handwritten statement produced at 1:05 a.m. July 16th.
On Monday, June 9, 2008, between 9 am and 1 pm, I, Casey Anthony, took my daughter, Caylee Marie Anthony, to her nanny’s apartment. Caylee will be 3-years-old on August 9, 2008. She was born on August 9, 2005. Caylee is about 3 feet tall, white female with shoulder-length, light brown hair. She has dark hazel eyes (brown/green), and a small birth mark on her left shoulder. On the day of her disappearance, Caylee was wearing a pink shirt, with jean shorts, white sneakers, and her hair was pulled back in a ponytail. On Monday, June 9, 2008, between 9 am and 1 pm, I took Caylee to the Sawgrass apartments, located on Conway Rd. Caylee’s nanny, Zenaida Fernandez-Gonzalez, has watched her for the past year and a half, to two years. Zenaida is twenty-five years old, and is from New York. She is roughly 5 foot 7 inches tall, 140 pounds. She has dark brown, curly hair, and brown eyes. Zenaida’s birthday is in September. I met Zenaida, through a mutual friend, Jeffery Michael Hopkins. She had watched his son, Zachary Hopkins, for about 6 months, to a year. I met Zenaida, in 2004, around Christmas. On the date listed above, June 9, 2008, after dropping Caylee off at Zenaida’s apartment, I proceeded to head to my place of employment, Universal Studios, Orlando. I have worked at Universal for over 4 years, since June of 2004. I left work around 5 pm, and went back to the apartment, to pick-up my daughter. However, after reaching the apartment I realized that neither Zenaida, Caylee, or either of her two roommates were home. I have briefly met Raquel Farrell, and Jennifer Rosa, on various occasions. After calling Zenaida to see where she and Caylee were, and when they were coming home, I waited outside of the apartment. I had called Zenaida earlier that morning, prior to bringing Caylee over for the afternoon. When I called her that afternoon, her phone was no longer in service. Two hours passed, and around 7 p.m., I left the apartment, and headed to familiar places that Zenaida would go with Caylee. One of Caylee’s favorite places is Jay Blanchard Park. I spent the rest of that evening pacing and worrying, at one of the few places I felt “at home”, my boyfriend Anthony Lazzaro’s apartment. For the past four weeks, since Caylee’s disappearance, I have stayed at Anthony’s apartment in Sutton Place. I have spent everyday, since Monday, June 9, 2008, looking for my daughter. I have lied and stolen from friends and family, to do whatever I could, by any means, to find my daughter. I avoided calling the police, or even notifying my own family, out of fear. I have been, and still am, afraid of what has, or may happen to Caylee. I have not had any contact with Zenaida since Thursday, June 12, 2008. I received a quick call from Zenaida. Not once have I been able to ask her for my daughter, or gain any information on where I can find her. Everyday I have gone to malls, parks, any place I could remember Zenaida taking Caylee. I have gone out, and tried to find any information about Caylee, or Zenaida, whether by going to a popular bar, or restaurant. I have contacted Jeff Hopkins on several occasions, to see if he had heard from, or seen Zenaida. Jeff currently lives in Jacksonville, Florida.
On Tuesday, July 15, 2008, around 12 pm, I received a phone call from my daughter, Caylee. Today was the first day I have heard her voice in over 4 weeks. I’m afraid of what Caylee is going through. After 31 days, I know that the only thing that matters is getting my daughter back. With many and all attempts to contact Zenaida, and within the one short conversation, on June 12, 2008, I was never able to check on the status or well-being of my daughter. Zenaida never made an attempt to explain why Caylee is no longer in Orlando, or if she is ever going to bring her home.
Okay, let’s analyze a few things about the statements we have here from Casey. First, in the 911 call we have Casey stating three separate times that it has been 31 days since she last saw Caylee. With the date of the 911 call being July 15th, 31 days (including the beginning and end dates) equates to June 15th being the date she is stating is the last time she saw her daughter. There are some who contend Caylee was killed the night of June 15th, after the alleged “big fight” between Casey and Cindy. If this is so, then Caylee was killed in the Anthony home (most likely in Casey’s bedroom) while Cindy and George were in the house. A brazen act to say the least. One thing we don’t know is whether Casey’s bedroom had a privacy lock. It could, but at the same time I take into account Cindy’s personality, and I’m not sure she would have allowed it. But we don’t know this. I have sent an email to an individual who may be able to answer this question and will update if I get a response. (I have, in fact, found three pictures that show the bedroom doorknobs, and they do not appear to have privacy locks.)
The reason the privacy lock becomes an important issue for the theory Caylee was murdered on the night of June 15th in the Anthony home is that if there was no lock to prevent sudden access to the room by Cindy or George Anthony, the body would have had to have been removed immediately to prevent them discovering Caylee dead. But even if the privacy lock does exist, we have the problem of George not going to work until around 3 p.m. on the 16th. This requires that Caylee be gone from the home prior to George waking. Because there would be no way that much time could pass with George in the house and Caylee being dead not being discovered. A reasonable scenario, if one were to consider a June 15th late night murder would be that Casey immediately placed Caylee’s body in the trunk of her car. Past that point, I do not know how she would explain to George where Caylee was in the several hours that both he and herself were in the house on the 16th.
Setting aside whether 31 days comes to the 15th or the 16th, in the initial statements made by Casey in the 911 call, the date resolved to this 2 day period in June. But just a few hours later, when Casey makes her written statement to law enforcement she changes the last day she saw Caylee (and the day Zenaida allegedly takes possession of Caylee) to June 9th. She repeats the June 9th date no less than 4 times in her written statement. She further tries to support this date by now adding that she had a single conversation with Zenaida on June 12th. She repeats the June 12th statement twice. But in this same statement we see her revert back again to the “31 days” at the end of her statement.
There have been some who have stated that Cindy convinced Casey she was wrong about the “31 days” after getting a calendar out that evening and going over it to determine when she (Cindy) and Caylee went to Mt. Dora. And while this most likely IS the explanation for the change in story between the 911 call and the written statement given by Casey, what should be pointed out here is how incriminating this very change is. The kidnapping of your child, at least in this writer’s mind, should be the most traumatic event you could possibly go through barring the child being killed right in front of you. It would be a signal event that froze your life until your child was returned, one way or the other. For Casey to show any uncertainty in exactly what day (I would even go so far as to say exactly what minute) her child disappeared at the hands of another shows the entire kidnapping story was concocted. This change in story due to speaking with Cindy cannot simply be placed into some dysfunctional relationship with Cindy where Cindy dominates Casey’s every thought. The FACTS of when some one has kidnapped your child trumps any normal or abnormal influences of others. While brushed over by some as explainable due to influence, this first change in story – the essential information required to start an investigation into the alleged kidnapping of Caylee based on FACTS that could lead to her recovery – is a fundamental indicator of Casey’s involvement in Caylee’s disappearance.
In the 911 call and the written statement, we do have Casey being consistent on one point; the person who kidnapped Caylee was ZENAIDA FERNANDEZ-GONZALEZ. While Cindy, George and Lee (as well as certain writers discussing the “Zanny the Nanny” topic) would have us believe that: Zenaida/Zanny is code for whomever is keeping Caylee, or Zanny stands for Xanax, or whatever other “Casey-speak” code-talk excuses want to be applied to the term “Zanny”, we have here two instances of not a codename, but a full, and even hyphenated name being provided to law enforcement in statements that are supposed to be for the intent of reporting the kidnapping of Casey’s daughter. She is consistent in this FULL name, and also provides more information that would at first glance appear to be an attempt to assist in locating said person. Zenaida is 25, 5′7″, 140 lbs with dark brown, curly hair and brown eyes. Her birthday is in September and she is from New York. This is not “code-talk”, this is specificity of a perpetrator who is being alleged to have kidnapped Casey’s daughter.
The rest of Casey’s written statement is replete with lies, that have been confirmed to be so: Jeffery Michael Hopkins (does not exist) and his son Zachary (does not exist); kidnapping at Sawgrass apartments (which did not occur) on Casey’s way to work at Universal (where she did not work); attempts to call Raquel Farrell and Jennifers Rosa (neither exist); spending the evening “pacing and worrying” at Tony’s; a phone conversation with Zenaida on June 12th (for which there is no record); and a phone call on June 15th in which she spoke with Caylee for the first time in a month (which did not occur). But there is more to be gleaned from Casey’s written statement. In a first official attempt for her to convey information that could lead to the recovery of her allegedly kidnapped daughter, she takes the time to insert a few statements that have no value to the investigation:
I met Zenaida, through a mutual friend, Jeffery Michael Hopkins. She had watched his son, Zachary Hopkins, for about 6 months, to a year. I met Zenaida, in 2004, around Christmas.
I have worked at Universal for over 4 years, since June of 2004.
I have briefly met Raquel Farrell, and Jennifer Rosa, on various occasions.
And then, lastly, she makes one curious statement: “Zenaida never made an attempt to explain why Caylee is no longer in Orlando, or if she is ever going to bring her home.” To this day we have not seen Casey approach this odd statement again. In fact, in subsequent statements she would consistently contradict this statement by alluding to her “gut feel” that Caylee is close, or simply saying she has no idea where Caylee is.
So why do I want to spend some time looking back over Casey’s statements to law enforcement? Because I believe we have lost sight of the fact that murder charges are not all she is facing. The state has done a superb job in assuring Casey will spend time in prison – and most likely a significant amount of time. The charges against Casey in relation to Caylee’s murder are:
FIRST DEGREE MURDER
AGGRAVATED CHILD ABUSE
AGGRAVATED MANSLAUGHTER OF A CHILD
FALSE INFO TO LEO RE MISSING PERSON OR FELONY – 4 counts
So let us look at the charges, other than First Degree Murder, that have been brought against Casey.
Aggravated Child Abuse – Second Degree Felony – Florida Statute 827.03(2)
“Aggravated child abuse” occurs when a person:
Commits aggravated battery on a child;
Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or
Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.
We can begin to see that Casey has a problem in this area. Even if she is not convicted of capital murder, she has the problem of having the dead body of her daughter in the trunk of her car. It is one thing to argue that some type of accidental death occurred for which Casey “freaked out”, got scared and didn’t inform anyone about. It is an entirely different situation when the body of your child was in your trunk long enough to bloat and purge. With the three pieces of duct tape found around Caylee’s skull, we start seeing that the prosecution will have a good chance of showing that Casey may have imprisoned Caylee in the trunk of her car which led to Caylee’s death.
The possibility of conviction on this charge becomes more apparent when we take into account the definition of “maliciously” included in paragraph 4 of statute 827.03:
For purposes of this section, “maliciously” means wrongfully, intentionally, and without legal justification or excuse. Maliciousness may be established by circumstances from which one could conclude that a reasonable parent would not have engaged in the damaging acts toward the child for any valid reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury.
Casey could get up to 15 years if found guilty of the above charge.
Aggravated Manslaughter of a Child – First Degree Felony – Florida Statute 782.07(3)
A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(3) commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
From statute 827.03(3) we find that “neglect of a child” is defined as:
A caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or
A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.
Neglect of a child may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.
And this is where the Catch-22 comes into play, and Casey’s words from the 911 call and her written statement become very important to the conviction of Casey. She claimed both in the 911 call as well in a written statement that someone had kidnapped her daughter. She then proceeded to give detailed false information that would divert the investigation away from any possibility of finding Caylee (had she actually been kidnapped). And once she obtained a lawyer and under his consultation, refused to give accurate information that could lead to the finding of Caylee. If the defense’s intention is to spin a yarn that Caylee was, in fact, kidnapped by anyone (including Roy Kronk) and then subsequently murdered and placed at the Suburban location AFTER Casey was arrested, then she has contributed, through neglect of telling the truth, to the serious physical injury, and ultimately death of Caylee.
Casey could get up to 30 years imprisonment, OR life in prison for this charge.
With these two convictions alone, and with consecutive sentencing, Casey is facing anywhere from the next 45 years to life in prison.
Valhall.
References:
http://www.docstoc.com/docs/1080375/0825-Casey-Anthony-Documents-released-part-1
http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Index&Title_Request=XLVI#TitleXLVI
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"The greatest desertion, I from myself" |
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