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ISSUES WITH JANE VELEZ-MITCHELL

Casey: Tale of the Tapes

Aired December 24, 2010 - 19:00:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


(BEGIN VIDEOTAPE)

JANE VELEZ-MITCHELL, HOST (voice-over): Tonight Casey Anthony, tale of the tapes. Shocking revelations, bone-chilling 911 calls and jaw- dropping admissions, all caught on tape.

The Anthony family is exposed during intimate and emotional jailhouse visits between Casey and her parents. Heated on-camera deposition battles. Scandalous, sexy photos of Casey and heart-wrenching interviews that bring up memories of precious little Caylee.

Are the recordings incriminating enough to get the alleged murderous mom convicted of killing her 2-year-old daughter and sentenced to death? Or does Casey`s defense team have a surprise strategy?

ISSUES starts now.

(END VIDEOTAPE)

VELEZ-MITCHELL: Tonight, tale of the tapes. Could a slew of Casey Anthony videos, audio recordings and shocking photos ultimately condemn the alleged murderous mom?

Almost since day one Casey`s own words and actions are caught on camera time after time after time. The most memorable and possibly most damning: Casey`s extensive and often explosive jailhouse chats with her parents, Cindy and George.

(BEGIN VIDEO CLIP)

CASEY ANTHONY, ACCUSED OF MURDERING DAUGHTER: Could someone let me -- come on!

CINDY ANTHONY, CASEY`S MOTHER: Casey, hold on, sweetheart. Settle down, baby.

CASEY ANTHONY: Nobody`s letting me speak. You want me to talk. Then give me three seconds to say something.

CINDY ANTHONY: Go ahead, sweetheart.

CASEY ANTHONY: I`m not in control over any of this.

(END VIDEO CLIP)

VELEZ-MITCHELL: Meantime, is Casey`s mom, Cindy, in total denial? Watch this video clip from NBC`s "Today."

(BEGIN VIDEO CLIP)

CINDY ANTHONY: They must be saying that Casey must have been so calculated that she was able to put Caylee`s remains down there without any -- any link to her. There`s no fibers. There`s no hair. There`s no DNA. There`s no fingerprints of Casey`s.

(END VIDEO CLIP)

VELEZ-MITCHELL: What about Casey`s sexy and scandalous party pictures? Are these photos incriminating? They were snapped at an Orlando nightclub in June of 2008. This was during the very time little Casey [SIC] -- or Casey claims she was looking for her precious 2-year-old daughter Caylee. But she had not yet told the cops that the child was missing.

(BEGIN VIDEO CLIP)

CAYLEE ANTHONY, MURDERED CHILD: (SINGING "TWINKLE TWINKLE LITTLE STAR")

(END VIDEO CLIP)

VELEZ-MITCHELL: Caylee was last seen on home video on Father`s Day of 2008, visiting her great-grandfather at a nursing home. Caylee disappeared soon after. The child`s alleged killer, her mom Casey, is one of several family members caught on camera.

Casey`s dad, George, lashes out at a lawyer during a deposition. Casey`s brother, Lee, is secretly filmed by cops who collaborate with one of Casey`s ex-boyfriend. And Casey`s mom, Cindy, makes a chilling 911 call about the smell of a dead body in Casey`s car.

(BEGIN VIDEO CLIP)

CINDY ANTHONY: I found out my granddaughter has been taken. She has been missing for a month. Her mother finely admitted that she`s been missing. Get someone here now.

UNIDENTIFIED FEMALE: OK. Your daughter admitted that the baby is where?

CINDY ANTHONY: The babysitter took her a month ago, that my daughter`s been looking for her. There`s something wrong. I found my daughter`s car today, and it smells like there`s been a dead body in the damn car.

(END VIDEO CLIP)

VELEZ-MITCHELL: Oh, but we`re just getting started. Right now, "Casey Anthony: Tale of the Tapes."

Straight out to my fantastic expert panel. Jean Casarez, correspondent for "In Session," I want to start with you. There is a mountain, a mountain of video and audio out there. Does this tower of tape evidence favor the prosecution or the defense?

JEAN CASAREZ, HOST, TRUTV`S "IN SESSION": Well, there`s so much and so many, but I would have to say it favors the prosecution, because as we listen to these hours of really jailhouse visits, No. 1, we don`t hear her crying about Caylee. We hear her focusing on other things.

Now, whether any of these tapes will go before a jury, I think, is speculative. But they are going in the homes of the potential jurors. I think most of us have these tapes almost memorized by this point in time.

VELEZ-MITCHELL: Tonight we have a lost tape to play for you, a rarely-heard chilling 911 recording. Cindy Anthony finds out that Caylee has been missing for more than a month and frantically calls police. We`ve all heard that. But then she puts Casey on the phone.

Listen to this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Can you tell me a little bit what`s going on?

CASEY ANTHONY: My daughter has been missing for the last 31 days.

UNIDENTIFIED FEMALE: And you know who has her?

CASEY ANTHONY: I know who has her. I 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.

(END VIDEO CLIP)

VELEZ-MITCHELL: Casey, incredibly calm and cool.

Mike Brooks, HLN law-enforcement analyst. Wouldn`t a mom who`s keeping her daughter`s disappearance a secret to protect the child be more emotional when finely admitting to cops, "Yes, my child has been kidnapped"?

MIKE BROOKS, HLN LAW-ENFORCEMENT ANALYST: You would think so. But then again, the phone call that she allegedly received, there`s no records of that. There was no phone call from Zanny the nanny, because there is no Zanny the nanny. Period.

VELEZ-MITCHELL: So, Judge Larry Seidlin, you`ve presided over so many cases. How is the prosecution going to handle that? Are they going to actually play that recording? And then are they going to bring up the phone company logs that say, well, she claims that she heard this or she did that or she talked to somebody, but there`s no record of it?

JUDGE LARRY SEIDLIN, FLORIDA: They`re going to bring up all this -- all the circumstantial evidence. There`s mountains of it. And it shows that Casey is too detached, too cool, showing no emotion about her missing daughter.

BROOKS: In fact, Jane, when she first got on the phone with 911 where her mother gave her the phone, she almost had an attitude like, "Why are you bothering me with this phone call? Why are you putting me on the phone?" It was just unbelievable.

VELEZ-MITCHELL: Was there a conspiracy among cops? Bounty hunter Leonard Padilla and the meter reader, Roy Kronk, discovered little Caylee`s remains. Cindy Anthony makes that very claim in a letter she sent to Casey in jail. Quote -- check this out -- "I think it was all staged, and Leonard knew something was going to happen. Why else did he fly here on Tuesday, and Thursday was when Kronk went back into the woods? Somehow it`s all linked together, one big cover-up to cover up shoddy police work," end quote.

We have famed bounty hunter Leonard Padilla with us tonight. He`s the one who bailed Casey out of jail.

And Leonard, you just heard it. Cindy says she thinks it`s all linked together. She`s pointing the finger at you. What do you make of her conspiracy theory?

LEONARD PADILLA, BOUNTY HUNTER: Well, she`s -- she`s probably on the fringe of something. Kronk lived -- his girlfriend, Michelle, worked at the jail. I have no doubt, in studying Kronk and his background, that he was guided to the area, but he missed it by about 100 feet, because he was keying in on the wrong tiles. But he knew where he could find the body. There was no -- no guesswork in his mind. He just was 100 feet off. He got that information from Michelle.

Now, neither the defense nor the prosecution...

VELEZ-MITCHELL: Who`s Michelle?

PADILLA: Michelle is his girlfriend. She works at the jail. Nobody -- not the defense, not the prosecution -- has taken her deposition. I think that the defense is treading lightly on that information, because she`s liable to say she got it from somebody who worked at the jail, and this is what they overheard between Casey and her attorney.

On the other hand, the prosecution might not want to know that there was somebody involved at the jail that overheard the conversation. So I think Cindy is touching on that.

The other thing she`s saying is back on the 9th ...

VELEZ-MITCHELL: Wait, wait, wait. Let me get -- I`ve got to get back to this.

PADILLA: Sure.

VELEZ-MITCHELL: So you`re saying there is, in your opinion, some kind of conspiracy, and Roy Kronk wasn`t just a meter reader with a good gut, that he was directed there by his girlfriend, who worked at the jail, who may have overheard Casey talking about the location of the little girl`s body?

PADILLA: I don`t think she overheard Casey talking about it directly. I think she was told by somebody that works at the jail, one of her co- workers, that they had overheard a conversation between her and Baez. That is why Baez has not taken Michelle`s deposition.

And this rumor or this innuendo or this idea has been floating around for quite some time now. Kronk was not just an innocent meter reader that was walking along the road, decided to relieve himself, and stumbled onto the bag. He knew exactly where he was going, but he was 100 feet off from where he had been told the body was.

VELEZ-MITCHELL: All right. Let me say we invited Jose Baez to come on the show. He declined. But we`re going to go to criminal defense attorney Jayne Weintraub. This is explosive stuff. It`s like throwing a hand grenade into the case. What do you make of it, Jayne?

JAYNE WEINTRAUB, CRIMINAL DEFENSE ATTORNEY: Well, you know, I`ve always said that I don`t think Roy Kronk was an innocent bystander that just happened on the body, either. It`s just too obvious.

And an innocent bystander who calls up as a good Samaritan calls up, and that`s it. This is a guy who was so persistent. And he kept going and calling back and insisting, because he knew something was there. Either he put it there, he knew what was going on -- I don`t know if it came from the jail or what. But I know that there`s more to Roy Kronk than we know.

And I also think it was really weird that he`s relieving himself behind a school with elementary school kids. I`m sorry. It just doesn`t float with me.

VELEZ-MITCHELL: All right. Well, it was good up until that point, Jayne.

More on "The Tale of the Tapes." Next, inside Casey`s dream-team defense. A behind-the-scenes look at all the evidence.

Plus, behind closed doors with the Anthony family. You`ve watched them cry. You`ve seen them yell. What this family has been through. Brutal hell over the murder of 2-year-old Caylee Marie Anthony.

(BEGIN VIDEO CLIP)

LEE ANTHONY, BROTHER OF CASEY: I just simply said, you know, when the officer gets here, he`s going to ask you or he`s going to say, "Miss Anthony, how rough doing tonight?"

"Great."

"Where`s your daughter? OK. You know, let`s go get her. Your mom is going to follow. We`re going to go pick her up."

So I mean, I was just trying to say, this is what`s going to happen, and what might fly with my mom isn`t going to fly with the police officer.

(COMMERCIAL BREAK)

VELEZ-MITCHELL: A tender moment caught on camera. Casey Anthony and her daughter Caylee. Tonight did Casey Anthony kill her baby girl in cold blood? Casey`s parents reveal what they think on NBC`s "Today."

(BEGIN VIDEO CLIP)

G. ANTHONY: Don`t want to believe that she`s responsible for it. I don`t want to, inside, believe that. If that`s denial or something, then maybe I`m in a part of a denial with that.

CINDY ANTHONY: Can I see that Casey panicked, maybe something happened? I can see, you know, something happening. Casey might have seen something or someone else.

(END VIDEO CLIP)

VELEZ-MITCHELL: Jeannie, Florida, your question or thought, ma`am.

CALLER: Hi, Jane, how are you?

VELEZ-MITCHELL: Good.

CALLER: Listen, they had Cindy Anthony sit there and testify regarding that the car smelled like a dead body and, of course, her being a nurse, she has experience and such. But George, he has an experience being a police officer and has probably been in that same type of environment of smelling a dead body. Yet he didn`t have to testify for the case like Cindy did. Why?

VELEZ-MITCHELL: Well, I -- let me say this. Both of them, Mike Brooks, have said in one way or another that they smelled a dead body in the damn car, correct?

BROOKS: Yes, both of them have. We heard Cindy on the 911 tapes. We saw George in one of the interviews. And I guarantee you, as a former investigator myself, Jane, just like George was in Ohio with the deputy sheriff`s office, once you smell human decomposition, that is a smell you never, ever forget.

VELEZ-MITCHELL: I`ve got to go back to this conspiracy theory, which is a mind-blower, this idea that Roy Kronk -- and he is always invited on our program to tell his side of the story. You know, he says he`s just a guy with a good gut. But this conspiracy theory that he knew where the body was the whole time, because somebody at the jail told him where to look.

Here`s what doesn`t add up with that. And I`ll put this out to Leonard Padilla. Putting somebody in the jail? Wouldn`t the cops say, "Wow, we got a tip of where the body is. Let`s go find the body so we can bust this case wide open"?

PADILLA: Jane, you`ve got a judge right there in your studio. Ask him what happens if Baez is told where the body, who is the victim of a homicide, is, and ask him what happens to the case as far as the evidence of the body if somebody in law enforcement overheard a conversation between Baez and his client.

VELEZ-MITCHELL: Judge?

SEIDLIN: Well, Baez has to balance two things. If he knows about this crime too much, he might have to disclose it. And then the other side is he has a duty not to disclose information that his client tells him. It`s a tough balancing act.

WEINTRAUB: Jane, Jane, if I can just jump in here.

VELEZ-MITCHELL: Jump in.

WEINTRAUB: This is what I think Leonard is saying. If someone listened at the jail to a conversation between Casey and her attorney and that is a confidential communication. But if someone listened in and heard that information and then gave it to others, what could happen to the fruit of the poisonous tree. In other words, the evidence.

BROOKS: There you go. There you go, counselor.

WEINTRAUB: Let me make it very clear that Jose Baez was under no obligation whatsoever and that this conversation is pure speculation from Leonard Padilla. There is absolutely no evidence and nothing that says that this conversation took place, although I, too, believe that Roy Kronk is very funny business here.

And I think that he deliberately knew where he was going. He went to the wrong side of the road. He went to the left. He went to the right. It was a black bag on the side of the road. Then it was a white garbage bag that was gray in the middle of the road. Remember the location changed.

So Roy Kronk obviously was very deliberate and intent on making sure that that body was found. But who knows where he got that information? Also, if he is the perpetrator, we don`t know.

VELEZ-MITCHELL: One at a time. Go ahead. Jean.

CASAREZ: Jane, also to add here it`s hard to -- it`s hard to fathom that this is a conspiracy. But understand, too, that Roy Kronk has been interviewed several times, and in each time he gives conflicting statements. He always says, "I went there to relieve myself," but then he later says, "I went there on a hunch." So which is it? I mean, you can`t go back...

VELEZ-MITCHELL: Maybe you go there on a hunch and you have to relieve yourself at the same time. It happens, you know?

CASAREZ: Three times?

VELEZ-MITCHELL: OK.

BROOKS: Jane...

VELEZ-MITCHELL: Let`s give Mike Brooks the last word on the conspiracy theory.

BROOKS: You know, it would make sense to me -- I`ve always thought, well, what was Kronk`s real role in this? Did he just happen upon this August 11, 12, 13 and again in December? I don`t -- still, the jury is out on that one. I still don`t know his real role in this, Jane.

VELEZ-MITCHELL: I -- I`ve got to say this, Jean Casarez, could that throw a hand grenade into this entire case? Because...

CASAREZ: I think no. And I think what Leonard is saying initially is correct. It hurts both sides, so neither side is going to touch it. And I think Roy Kronk may be a very strong prosecution witness.

VELEZ-MITCHELL: Really? You don`t think this is going to come out at the trial, if this is true? And I don`t know it`s true. It could be the overactive imagination of a bunch of talking heads.

CASAREZ: No, because who would -- who would know it at the jail? It`s Casey Anthony that would know the location of the body at the jail. So that hurts the defense.

WEINTRAUB: Excuse me. Or it would be the perpetrator, because you`re rushing to judgment again, Jean. That`s my whole point here. We don`t know how that child died. We don`t even know the time of death. We don`t know when the baby died. We don`t know how she died. And we certainly don`t know yet who killed her, by reasonable doubt. We just don`t know.

CASAREZ: I`m making an assumption by saying that, that it`s Casey that it came from. That is true.

BROOKS: But one thing we do know: anything that`s ever come out of Casey Anthony`s mouth has been a lie, period.

WEINTRAUB: That doesn`t mean that she`s a murderer.

BROOKS: I`m just saying. I`m just making that point.

VELEZ-MITCHELL: Whoa, whoa, whoa! I`ve got to bring out the big gavel when everybody talks at once.

Coming up, a closer look at au you all the bone-chilling forensic evidence in this case. Did Caylee`s killer smother her and then leave a red, heart-shaped sticker stuck to her body? Inside the defense.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Nine-one-one, what`s your emergency?

CINDY ANTHONY: I called a little bit ago to the deputy sheriff. I found out my granddaughter has been taken. She has been missing for a month. Her mother finally admitted that she`s been missing. I need someone here now.

UNIDENTIFIED FEMALE: OK. What is the address you`re calling from?

CINDY ANTHONY: We`re talking about a 3-year-old little girl. My daughter finally admitted that the babysitter stole her. I need to find her.

(END VIDEO CLIP)

VELEZ-MITCHELL: There was a slew of evidence found in the woods and on Caylee`s tiny body. Prosecutors say duct tape was stuck to her skull.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Her killer prepared some substance in advance that would render her physically unable to resist, administered the substance, awaited its effect, and methodically applied three pieces of duct tape to completely cut off the flow of air through her mouth or her nose.

(END VIDEO CLIP)

VELEZ-MITCHELL: Casey tearfully broke down as she heard the prosecutor describe how Caylee`s killer smothered her. Duct tape was found stuck to Caylee`s skull and over her mouth. On top of that duct tape, cops said they found the outline or residue of a small heart-shaped sticker. Investigators found similar heart stickers at the Anthony home.

They also found traces of chloroform inside a syringe which was inside a Gatorade bottle found near Caylee`s body.

Jean Casarez, how is the prosecution going to lay out all this forensic evidence?

CASAREZ: Well, by their witnesses, but they`ve got a big challenge here, because the duct tape that was across the mouth that ultraviolet light later showed that heart-shaped sticker, a photograph wasn`t taken. The tape was destroyed. And so the agent will have to testify as to her belief on it. But it hurts the prosecution case.

But the most challenging part for the defense is the brand of duct tape, because it was Henkel duct tape, and that`s the same brand that was found on the gas can that was in the garage that Casey routinely used to put gas in her car.

VELEZ-MITCHELL: Well, Jayne Weintraub, how is the defense going to get around that, a rare brand of duct tape found in the Anthony home as well as at the crime scene?

WEINTRAUB: Because, with all due respect to Jean Casarez, I don`t think it`s a rare brand. As a matter of fact, to the contrary. I think it`s a very common brand. And they did find that it didn`t match the duct tape from the gas can in the shed of the back yard of the Anthonys. And so I think that the defense is fine with this.

It doesn`t prove anything. It has no evidentiary value to Casey Anthony.

Yes, there was duct tape, but let`s remember there was no fingerprint evidence on the duct tape. There was no serology on the duct tape. And similar, similar evidence of duct tape, because there was duct tape, doesn`t get it into evidence. It has to be the same to connect it to Casey Anthony.

VELEZ-MITCHELL: I don`t know if that`s true, Mike Brooks. I really don`t. Because if they can prove that it`s the same brand, let`s say however rare it is, that certainly narrows the probability that there`s a connection there.

BROOKS: It does, but one of the things I think Jayne is trying to point out -- which I don`t think is a big deal for the prosecution -- is, look, did the ends match up to some duct tape found in the house? It doesn`t matter.

If they can say, well, it`s basically the same kind, it`s same kind of adhesive, same kind of fabric used, you know, that -- I think that`s strong for the prosecution.

But don`t forget the laundry bag that little Caylee was found in also that was the same kind of laundry bag that was also found inside of the Anthony house.

WEINTRAUB: It`s a generic white laundry bag.

VELEZ-MITCHELL: All right, guys.

BROOKS: It`s just putting all this together. It`s called making a case.

VELEZ-MITCHELL: Hold on. We`re just getting started. It seems like Casey Anthony, she`s got quite a case ahead of her.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Casey, you have to tell me if you know anything about Caylee. If anything happened to Caylee, Casey, I`ll die. Do you understand? I`ll die if anything happens to that baby.

CASEY ANTHONY, ACCUSED OF KILLING DAUGHTER: Oh, my god. Calling you guys? A waste. A huge waste. Honey, I love you. You know I would not let anything happen to my daughter. If I knew where she was, this wouldn`t be going on.

(END AUDIO CLIP)

JANE VELEZ-MITCHELL, HLN HOST: Casey Anthony maintains her innocence to this day. She claims she was in no way involved in the murder of her 2- year-old daughter Caylee.

(BEGIN VIDEO CLIP)

(CAYLEE ANTHONY SINGING)

(END VIDEO CLIP)

VELEZ-MITCHELL: So heartbreaking.

Tonight inside Casey`s intricate defense, how her dream team of lawyers and experts will try to prove Casey did not murder Caylee. The defense is really riding on one key theory, that Caylee`s tiny body was placed in the woods after Casey was already behind bars.

Remember Dominick Casey, that private eye hired by the Anthony family, he searched the exact spot he says where Caylee`s remains was found. You`re looking at the video right now. He said he even poked around with a stick and nothing was there. The prosecution says Caylee`s body was there the whole time but the area was flooded, so Caylee`s body was underwater.

Cheryl, Alabama (SIC), your question or thought, ma`am.

CAROL, TEXAS (via telephone): Will Casey Anthony`s trial be televised?

VELEZ-MITCHELL: Say that again.

CAROL: Will Casey Anthony`s trial be televised?

VELEZ-MITCHELL: Oh, will her trial be televised -- excellent question. Jean Casarez, what do you know?

JEAN CASAREZ, CORRESPONDENT, "IN SESSION": Well, it will be in the hands of Judge Belvin Perry. And he has allowed "In Session" to have our cameras in the courtroom through all of the hearings so we do believe the trial -- yes, will be televised.

VELEZ-MITCHELL: You know, we have heard so much about Casey Anthony and her propensity to lie, ok.

Once they found out Caylee had been missing for a whole month, cops interrogated Casey for days hoping she would lead them to her daughter. Instead, Casey got caught up in a whole bunch of lies.

Check this out.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I can tell you just for a certainty that everything you`ve told me so far has been a lie.

CASEY ANTHONY: Not everything that I told you.

UNIDENTIFIED MALE: Ok. Pretty much everything that you`ve told me.

(END VIDEO CLIP)

VELEZ-MITCHELL: All right. So Casey claimed her daughter was with a nanny named Zenaida Gonzalez who lived at the Sawgrass Apartments. That apartment turned out to be empty. The one she pointed out.

Casey claimed she worked at Universal Studios and took cops there. Turns out she had quit a long time ago or was fired.

She told cops she had spoken with Caylee on the phone after she was abducted but that number got disconnected. There is no record of that phone call.

Leonard Padilla, how do prosecutors lay out these contradictions?

LEONARD PADILLA, BOUNTY HUNTER: Well, they`ll bring in their witnesses and they`ll go step by step by step. And everything that Casey has basically said will be admitted. There`s very few of these allegations that are going to be thrown out because of the hearsay rule or anything like that. Everything is going to be lined out.

And you have to understand, a jury only has to believe beyond a reasonable doubt and to a moral certainty that she`s guilty. They don`t have to be overboard about it. Just beyond a reasonable doubt with moral certainty. And all of these things put together make it hard for Jose Baez and the defense to continue to counter and counter and counter, because the worst thing they`ve got is their client. They don`t have much of a client to work with.

VELEZ-MITCHELL: Let me ask you a question, Leonard. You spent time with Casey Anthony after you bailed her out.

PADILLA: Correct.

VELEZ-MITCHELL: What were your observations about her truthfulness or lack thereof?

PADILLA: She has no compulsions about lying. She will lie at the drop of a hat. And at one time, it just bothered me that she never once said, "Let`s go look for my baby or where do we start. You`re supposed to be the best, you`re supposed to be the greatest."

We had told her -- we had Rob Dick with us. He was the deputy sheriff out here for years. He teaches classes in his bounty hunting school how to investigate, how to think. We told her he is with us. He`ll help us.

She changed the subject to something else. She was more involved with cooking dinner for my nephew who actually posted the bond for her than to talk to us about looking for her daughter. She was more involved in that.

(CROSS TALKING)

VELEZ-MITCHELL: Dr. Dale Archer, how will her psychology end up being a factor at trial? They`re not going to be able to hear Leonard chatting about all these little anecdotes. How does the prosecution get that across?

DR. DALE ARCHER, CLINICAL PSYCIATRIST: I thought it was very telling during the interrogation where he says, everything you`ve told me has been a lie and she goes, well, not everything I`ve told you has been a lie. She almost surprised herself that, "I told a few parcels of truth in there."

PADILLA: The only thing she told me the truth was her name. That was it.

DR. ARCHER: I think it`s going to be tremendously challenging for the defense to be able to channel any of that into some semblance of truth. So I think that`s their big challenge.

But I think what they`re doing here quite clearly -- I always say that truth is like a silver dollar at the bottom of a swimming pool. If you look hard enough you can find it.

I think the defense`s strategy here is to throw so much mud into that pool that eventually, with all the minutiae and facts they`re putting out there, that it will be impossible for the jury to find the truth.

VELEZ-MITCHELL: Casey insists a babysitter named Zenaida Gonzalez kidnapped Caylee. George Anthony testified in that case saying although he had never actually seen Zanny, she was beautiful, attractive -- a 10. Check this out.

(BEGIN VIDEO CLIP)

GEORGE ANTHONY, FATHER OF CASEY ANTHONY: Ok. I`m going to cut to your chase right now so you can get away from all these questions. Ok.

Number one is the Zanny that my daughter described to me is 24 to 25 years old, about 5`7, 125, 130 pounds. She has straight white teeth, long brown hair, ok? On a scale of one to ten, she`s a ten supposedly.

(END VIDEO CLIP)

VELEZ-MITCHELL: And then they kind of insulted the Zanny -- the Zenaida Gonzalez who is suing them saying, "Sorry, honey, but you`re not a ten."

Police say Casey had talked about Zanny to her mom and dad as well as various friends but no one has ever actually met her.

Here is the crucial question, Jayne Weintraub. Will the defense still use "the nanny did it" defense at trial?

JAYNE WEINTRAUB, CRIMINAL DEFENSE ATTORNEY: Absolutely not.

VELEZ-MITCHELL: How do you explain --

WEINTRAUB: I think that the bottom -- well, I think the bottom line is that either Casey panicked or she just lied or she knew better or she covered up. I mean, I don`t have the answers because I have not spoken with Casey. The lawyers presumably know the truth.

We don`t know why she lied. But obviously she did lie. I think --

VELEZ-MITCHELL: So, wait a second. I have to go to Rozzie Franco on this. The entire defense is going to have to first explain that their client was lying the whole time she said Zanny the nanny took the baby. Not once but numerous times.

And even in the civil case. Her parents are still insisting that there`s this Zenaida out there. Now we`re hearing, no, there is no Zenaida.

ROZZIE FRANCO, INVESTIGATIVE REPORTER: Sure. I`ll have to agree with Jayne on that. I really don`t think they`re going to go with this babysitter theory.

Also, as far as their statements from before they`ve both said that they`ve never encountered Zanny the nanny. What I do believe is that the defense will actually point the finger on one of Casey`s ex-boyfriends.

MIKE BROOKS, HLN LAW ENFORCEMENT ANALYST: Well, they already tried to throw Jesse Grund under the bus. Then they had Roy Kronk. Now is it going to be George?

(CROSS TALKING)

FRANCO: Casey had a lot of ex-boyfriends so Jesse Grund may not be the one. She had a lot of ex-boyfriends.

VELEZ-MITCHELL: Whoa. Got to bring out the big gavel.

WEINTRAUB: Jane, can I have ten seconds?

VELEZ-MITCHELL: Yes.

WEINTRAUB: Can everybody please remember that it`s not for the defense to prove anything and these are not just words. The prosecution has the burden of proof.

In the grand jury indictment, Casey Anthony is charged of committing murder by -- and they don`t know. Normally it`s by shooting somebody with a gun and killing them with a bullet or by strangling them with a rope. Anybody who has seen an indictment knows that you have a manner of death and a cause of death in the indictment.

In this case, they don`t even know how she died, where she died or who killed her. There`s no evidence. You can`t say, well, nobody else would have killed her except for Casey or she`s lying, so therefore, it had to be Casey. This case is going to be won or lost in jury selection.

VELEZ-MITCHELL: I have to say. You`ve been saying that Zanny the nanny took the baby for -- we`ve been hearing that for more than two years now -- all of a sudden there is no Zanny.

BROOKS: Oh, imagine that.

Coming up, when they found out their daughter Casey`s car had been abandoned George and Cindy Anthony knew there was big trouble in their family. When the trunk smelled like a dead body they feared the worst.

Next, a family destroyed, taken down by this unthinkable crime.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Could Caylee have understood what was happening to her? Did she try to resist? Could her killer see the fear in her eyes as the tape was applied? These are questions only the jurors will be able to answer in this case.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

(VIDEO OF CAYLEE ANTHONY)

(END VIDEO CLIP)

VELEZ-MITCHELL: That really brings the case home. The entire Anthony family has been through hell since that beautiful child you just saw there, disappeared.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What can you say about the new theory she might have been dead, it might have been an accident.

G. ANTHONY: Shut up, shut up, shut up.

(END VIDEO CLIP)

VELEZ-MITCHELL: Reporters and rubber-neckers swarming their Orlando home, heckling George and Cindy; George, losing it on several occasions. Here he is spraying the crowd with his garden hose. This family has lost their beloved granddaughter and their daughter in one fell swoop.

(BEGIN VIDEO CLIP)

GEORGE ANTHONY, CAYLEE ANTHONY`S GRANDFATHER: She would want us all to take today as a day to not only remember her, pray for us, keep our family together, but also to pray for her mom.

I miss my daughter Casey. Do not form any judgments because I`ll tell you, you don`t want to be in any of our family`s shoes, no matter what it is. Casey deserves prayer. She deserves understanding. She deserves love.

(END VIDEO CLIP)

VELEZ-MITCHELL: George and Cindy have been thrust into the world spotlight, dragged into this case, forced to testify, constantly worrying that they could implicate their own daughter. It`s been such an incredibly stressful time for them.

(BEGIN VIDEO CLIP)

G. ANTHONY: I haven`t talked to my granddaughter -- I have not heard my granddaughter`s voice since June 16, 2008. Do not ask me that again, sir, because I will walk out of here.

UNIDENTIFIED MALE: Ok.

G. ANTHONY: Do not do that to me again.

UNIDENTIFIED MALE: Sir, I don`t want make it hard on you.

G. ANTHONY: Yes you are.

(END VIDEO CLIP)

VELEZ-MITCHELL: Pushed to the breaking point. Cindy has got to live with the fact that her damaging 911 call could be used to convict her own daughter.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The one who told you that it smelled like there has been a dead body in the damn car was your husband, George, correct?

CINDY ANTHONY, CAYLEE ANTHONY`S GRANDMOTHER: He told me that that was his first thought, yes.

(END VIDEO CLIP)

VELEZ-MITCHELL: Jean Casarez, will Cindy and George become reluctant prosecution witnesses, essentially hostile witnesses for the prosecution?

CASAREZ: I think they`re going to be really important prosecution witnesses. And we have seen them on the stand like we just saw there. And they actually did well for the prosecution, sort of like a dress rehearsal.

But I think the defense could call them in their case also. I think they could testify on both sides.

Nick, New York, your question or thought, sir?

NICK, NEW YORK (via telephone): Hello, Jane. It`s -- it`s an honor to speak to you again. Jane, I`ve had a problem with Casey`s credibility from the word go. She doesn`t report her daughter missing. She`s out partying. And now she`s scapegoating a nanny who doesn`t exist, Ray Kronk who found the body and saying that he duct-taped his ex-wife.

This has nothing to do with, you know -- these has nothing to do with it, these are all distractions. She`s also scapegoating her own father, who is devastated by the loss -- loss of his granddaughter. I mean this is --

VELEZ-MITCHELL: Well, you bring up an important point. How many people can they accuse of being responsible?

With his granddaughter murdered and his own daughter behind bars accused of the crime George Anthony has reached his breaking point. He actually attempted suicide in a Florida hotel room. Police discovered alcohol, pills, and a five-page suicide note.

Check this out.

(BEGIN VIDEO CLIP)

G. ANTHONY: All I can do is tell you as I always wanted to know what`s happened to my granddaughter. And I still stick with that, stuff that gets released, stuff that`s out there, how are you supposed to live through all of this? How are you supposed to counter act? There`s not answers for everything.

(END VIDEO CLIP)

VELEZ-MITCHELL: George`s lawyer sounded the alarm telling cops Casey`s dad has gone missing taking several bottles of medication as well as a photo of little Caylee from his Orlando home.

Well, now Mike Brooks, we`ve heard that the defense team has been investigating George`s suicide attempt. Could they be trying to pin this on him?

BROOKS: Who knows what the defense is trying to deal with? There has been so many theories, Jane, since this happened. But they`re going to go with why did he try to kill himself? Was he responsible for this? Did he have something to do with it? I don`t know what kind of tact they`re taking in this.

But, look, leave the guy alone. He`s been through enough.

(CROSSTALK)

VELEZ-MITCHELL: I agree.

DR. ARCHER: I think it`s very easy to understand why he would try to kill himself.

BROOKS: Sure.

DR. ARCHER: If you think that you have lost a granddaughter and your daughter is the primary suspect. I agree, give the guy a break. I mean, he`s been through hell.

VELEZ-MITCHELL: Yes, but are they going to give him a break?

While behind bars, Casey wrote explosive secret letters to an inmate she befriended. Casey told her friend Cookie that her brother Lee had molested her by fondling her breasts and that she thought her dad George might have done that too.

She complained that her mom Cindy did nothing about it. George then told Casey she was, quote, "Destroying the family". But Cindy and Casey`s brother, Lee, have apparently forgiven Casey. Lee even mouthed, "I love you" at one hearing. Look at this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: You may proceed.

UNIDENTIFIED FEMALE: Thank you. Please tell the court your name.

LEE ALEXANDER ANTHONY, CASEY ANTHONY`S BROTHER: I`m Lee Alexander Anthony.

UNIDENTIFIED FEMALE: I`m assuming you weren`t speaking to me just now.

L. ANTHONY: Absolutely not.

UNIDENTIFIED FEMALE: I didn`t think so.

How are you related to the defendant Casey Marie Anthony?

L. ANTHONY: She is my sister.

(END VIDEO CLIP)

VELEZ-MITCHELL: Leonard Padilla, you`ve already talked about the conspiracy theory that, oh, maybe Roy Kronk allegedly knew more than he`s saying. Now could they also be trying to pin all this on George and using this whole claim of molestation which George is saying is destroying the family as some kind of segue into that?

PADILLA: Well, Casey will come up with anything at the drop of a hat. And going back to Kronk, he told his family two days before Thanksgiving that he knew where the body was. He was just waiting for the water to go down before he went out and got it.

But as far as Casey, she doesn`t need a reason to make a story up or a reason to say anything. Tracy, who was with her day and night for ten days, will tell you that she will just -- that Casey will just out of the blue come up with something. She`ll just say something.

And -- and you`re sitting there like following this as if it`s true. And -- and it`s probably all fabricated. The whole time she was with her, it`s like a dream that she was involved in as far as some of the things that -- that Casey came up with on a -- constantly, constantly, constantly.

VELEZ-MITCHELL: Well, Jayne Weintraub --

WEINTRAUB: Why would she come up with being molested against -- by George? Why would she make that up in a letter where she`s pouring her heart out to have somebody?

DR. ARCHER: She`d do it to get sympathy. That`s why she`d do it.

FRANCO: Because she will throw anyone under the bus in order to make herself look innocent.

PADILLA: Thank you, yes.

DR. ARCHER: Yes absolutely.

FRANCO: That`s why she did it.

(CROSSTALK)

DR. ARCHER: It`s all about Casey.

VELEZ-MITCHELL: Here`s the thing I want to ask -- I want to ask Jayne Weintraub. Ok, so they`re going to have this defense where it`s like Roy Kronk, allegedly knew more than he said, he got a tip, the body was not there. I`m still trying to figure that one out.

But they -- they also -- even though the defense doesn`t have to prove who did it, it would help the defense if they could point the finger towards someone else. Could they point it toward George? Knowing that he would never actually be charged?

WEINTRAUB: They could point it towards George if George was responsible. I don`t know who was responsible for the death, but what it looks like to me, it doesn`t look like the state can prove beyond a reasonable doubt that Casey Anthony is guilty of murder nor will they be able to prove count two of aggravated child abuse because there are no broken bones, no fractures and no doctor`s reports and no abusive reports.

So to me, Jane, it`s all going to come down to who`s on that jury. As a mom, I`m offended when I see these pictures of Casey dancing and all of that while the baby was missing. How can you not be offended? But that doesn`t mean she killed her. It just doesn`t mean that and you need to have people who can follow the law as the judge gives them the instruction about the law.

VELEZ-MITCHELL: Everyone, stay right where you are, more Anthony family dramarama right after the break.

(COMMERCIAL BREAK)

(BEGIN AUDIO CLIP)

CINDY ANTHONY: Casey.

CASEY ANTHONY: Mom.

CINDY ANTHONY: Hi, sweetie.

CASEY ANTHONY: Well, I just saw your nice little cameo on TV.

CINDY ANTHONY: Which one?

CASEY ANTHONY: What do you mean which one?

CINDY ANTHONY: Which one? I did four different ones, and I don`t know -- I haven`t seen them all. I`ve only seen one or two so far.

CASEY ANTHONY: You don`t know what my involvement is and stuff?

CINDY ANTHONY: Casey --

CASEY ANTHONY: Mom.

CINDY ANTHONY: What?

CASEY ANTHONY: No.

CINDY ANTHONY: I don`t know what your involvement is, sweetheart. You`re not telling me where she`s at.

CASEY ANTHONY: Because I don`t (EXPLETIVE DELETED) know where she`s at. Are you kidding me?

(END AUDIO CLIP)

VELEZ-MITCHELL: The entire Anthony family got on stage at Caylee`s memorial except for Casey, of course, and spoke their love for the child who they said loved to sing, "You are My Sunshine" and brought joy to everyone she met. The family also asked for prayers for Casey. Her brother Lee made this moving speech.

Listen.

(BEGIN VIDEO CLIP)

L. ANTHONY: CMA, I miss you. I love you. CMA, I am so proud of you. I hope you`re proud of me, too.

(END VIDEO CLIP)

VELEZ-MITCHELL: There was so much speculation about that CMA speech. Was Lee talking about Caylee Marie Anthony or sending a message to his sister, Casey Marie Anthony?

Judge Larry Seidlin. In terms of public interest this upcoming trial is going to be right up there with the O.J. Simpson case and the Michael Jackson case. How is the judge going to keep this from turning into a circus?

LARRY SEIDLIN, FORMER FLORIDA JUDGE: Well, that`s difficult. The state of Florida requires these cases to be in the open called the Sunshine Law. The judge has to take control as you see in the Anna Nicole case where Stern`s being tried with the two doctors. The judge decided not to allow a camera in the courtroom, but in Florida your hands are pretty tied. You have to allow the courtroom open to cameras.

The judge has to take control and make sure that the lawyers are not grandstanding, aren`t looking to do TV commercials during the trial and keep everybody`s feet to the fire. And you have plenty of chamber hearings where you let everybody know, we want to give everybody a fair trial here.

VELEZ-MITCHELL: And Judge, I`m curious. How much video is actually going to be played in court to the jurors?

For example, the defense has an ace up its sleeve; Roy Kronk`s ex-wife says he used to abuse her and claims he restrained her with duct tape.

Check this out.

(BEGIN VIDEO CLIP)

JILL KERLEY, ROY KRONK`S FORMER WIFE: He duct-taped my hands one time, and I was in Key West at the time, and I was sitting in a chair and told me if I moved that he would beat me and he would know if I moved.

(END VIDEO CLIP)

VELEZ-MITCHELL: So Jean Casarez, there`s an example. Will the judge allow that piece of tape to be played in court?

CASAREZ: I think there will be argument on both sides. But yet, I also think the prosecution is going to have a very streamlined case. And I just think that the judge is going to want to keep it streamlined. It`s the defense that would want to bring that in and I think it may be irrelevant, but yet you want Casey to have a fair trial and you don`t want this overturned on appeal. We`ll have to wait and see.

VELEZ-MITCHELL: Mike Brooks, this trial, it seems like it`s never going to get started and then when it does get started it`s going to go on forever. I honestly don`t think, with all due respect -- Jean knows a lot more than I do about this -- but I think it`s just going to just be out of control.

BROOKS: No, I mean, the way we`ve seen Judge Belvin Perry so far, Jane, he runs a tight ship. When he says a hearing`s going to start at 9:00, it starts at 9:00 and one second. He`s always on time. He`s no nonsense.

VELEZ-MITCHELL: Got to leave it right there. Thank you.

You`re watching ISSUES.

END