A Lawyer Cannot Guarantee A Win

 

There is no such thing as a “guaranteed win” in a court case. This is a principle that all aspiring lawyers should have drilled into their brains the instant they set foot in law school. We can’t think of a better example of this premise than the Casey Anthony case.

This case was simply impossible to avoid, unless you happened to live in a place where there was no television, radio, internet or newspapers of any kind. However, for those of you who lacked the time or the inclination to delve deeply into the facts of the case, here is a brief summary.

The last time anyone saw 2 year old Caylee Anthony alive was on June 16, 2008. She was in the company of her mother, Casey Anthony. Ms. Anthony’s parents repeatedly asked to see the child over the next 31 days, but were told by Ms. Anthony that since she was busy with a work assignment, it would be impossible to see her. She also mentioned that Caylee was occasionally under the care of a nanny.

On July 13, 2008, Mr. and Mrs. Anthony received a certified letter which stated that their daughter’s car had been impounded. This was news to the Anthony’s, as they had assumed that the car was with their daughter and granddaughter. When Mr. Anthony picked up the car at the impound yard, they discovered an odor coming from the trunk of the car. They opened the trunk and found a bag of garbage, but no human remains. It was at this point where Ms. Anthony claimed that Caylee had been abducted by the nanny. This later turned out to be a lie, along with a whole host of other statements made by Ms. Anthony. Investigators also found other suspicious elements of Ms. Anthony’s story, such as her behavior during the month that her child was supposed to be missing. There are a great many pictures of her enjoying the company of friends and attending parties, which is hardly the behavior expected of a woman with a missing child.

 

Investigators found the skeletal remains of Caylee within a short walk from the Anthony family home. The child had duct tape over the remains of her mouth. A search of Ms. Anthony’s computer found that she was entering phrases like “chloroform recipe” and “shovel” and “home weapons” into a search engine at around the same time that Caylee had initially disappeared. All of this, combined with the lying about seemingly everything and the strange behavior, was certainly enough for the authorities to take her into custody.

But as the whole country saw just a few weeks ago, it wasn’t enough to convict her in a court of law. Ms. Anthony was found not guilty on all counts of murder. The only counts she was found guilty on were the charges of lying to the police.

Predictably, the reaction by the public was one of pure outrage. There was anger directed at the jury for not drawing the obvious conclusion, and there was (and still is) an enormous level of fury directed towards Ms. Anthony. If you were watching some of the more apoplectic commentators on cable television, you would think that the jury was a parcel of simpletons unable to see the nose in front of their collective faces.

We don’t see it that way. It is our opinion that the jurors acted entirely appropriately, and while they might not have come to the conclusion that would have pleased the general public, they came to the only decision that they could have based on the evidence that was presented to them. And while there was a great deal circumstantial evidence in this case, there wasn’t one shred of it that could say with certainty that Casey Anthony was responsible for the death of her daughter.

The coroner couldn’t say exactly what caused her death. There was no DNA from Ms. Anthony anywhere on the remains of Caylee. We will say that there was plenty of evidence that made Ms. Anthony look extremely suspicious, but there wasn’t any that could have said that she was guilty beyond a reasonable doubt.

If Ms. Anthony is in fact guilty of murder, the burden of proof lies with the police, the forensics team, and the prosecution team. It is the job of the police to gather the evidence and come up with a plausible theory as to what happened. It is the job of the forensics team to examine the evidence to back up that plausible theory and turn it into something that can be proven. And it is the job of the prosecution to relate that proof to a jury and convince them that the person on trial is in fact guilty of the charges. The prosecution team failed to do that.

If there is anything to be learned from this, it is that the skills and judgment of the attorneys very much matter in any sort of court case. It doesn’t matter if it is a contract case, an injury case or a criminal case. The prosecution team from Orange County, Florida handling the Casey Anthony case moved forward with evidence that was circumstantial, trusting that the jury would be able to “read between the lines.” But that is not what juries are supposed to do, particularly when the prosecution is planning on calling for the death penalty.

There is no such thing as a “guaranteed win” in the courtroom. Any number of factors could cause the case to go against you. The attorneys prosecuting this case knew that, the attorneys defending Ms. Anthony knew that, and now, the general public knows it all too well.

Greenberg and Bederman is a personal injury law firm located in the Washington, D.C. area. We are currently offering legal assistance to people who have been injured due to no fault of their own. Our attorneys can help you if you have been injured in a car accident, truck accident or pedestrian accident. We can also help those who have been injured due to medical malpractice. If you or a loved one has been injured in an accident, contact Greenberg & Bederman for a free consultation today. 

 

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