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Defense Rests in Casey Anthony Trial

Aired June 30, 2011 - 21:00   ET



VINNIE POLITAN, HOST (voice-over): Silence, the loudest voice of all as Casey Anthony decides not to testify.

JOSE BAEZ, DEFENSE ATTORNEY: Your Honor, the defense rests.

POLITAN: And a glimpse of the Anthony family`s so-called pet cemetery.

BAEZ: Was the dog wrapped in a blanket?


BAEZ: What about Ginger? What about Cinnamon and Misty?

POLITAN: Smart move or Baez blunder?

Plus, a nondescript section of road that lives in infamy, the Caylee crime scene.

UNIDENTIFIED MALE: This the closest wooded area to her home.

POLITAN: A new vantage point from the scene of the crime.

All that and more, straight ahead on DR. DREW.


POLITAN: Tonight, countdown to a verdict.

I`m Vinnie Politan, sitting in for Dr. Drew, live in Orlando.

Take a look at this.


FREDRICKA WHITFIELD, CNN ANCHOR: The key witness today, George Anthony`s previous mistress.

KRYSTAL HOLLOWAY, ALLEGES AFFAIR WITH GEORGE ANTHONY: He said it was an accident that snowballed out of control.

I know I lied. I slept with a married man. It doesn`t justify what I did.

BROOKE BALDWIN, CNN ANCHOR: Casey Anthony`s brother, mother and father, all called to the stand again today. This time with questions over how they buried their pets.

UNIDENTIFIED FEMALE: The evidence isn`t there, and the defense had an opportunity to put on evidence.

BAEZ: Your Honor, the defense rests.


POLITAN: A huge day in the Casey Anthony trial. Casey`s defense rests its case, and we get the news we`ve all been waiting for. No more wondering will she or won`t we? Tonight, we know. Casey Anthony tells the judge she will not take the stand in her murder trial.

Listen to this.


JUDGE BELVIN PERRY, ORANGE COUNTY CIRCUIT COURT: Is it your decision not to testify based upon consultation with your counsel?


PERRY: You understand that your decision to testify or not to testify is solely your decision and your decision alone?


PERRY: And it is your decision not to testify?



POLITAN: After her attorneys tried to get her found incompetent to aid in her defense, legal experts were speculating that Casey wanted to take the stand. Did her lawyers talk her out of it? Were they worried that Casey would have been ripped apart if she was cross-examined?

Plus, I had an exclusive interview with George Anthony`s alleged mistress, Krystal Holloway. She says there`s no way he had anything to do with Caylee`s death. You don`t want to miss that a little bit later in the show.

All right. Joining me tonight, host of "In Session" on truTV, Ryan Smith with me. So is criminal defense attorney Mark Eiglarsh.

What a day. The defense rests and Casey doesn`t testify, Ryan.

RYAN SMITH, HOST, "IN SESSION," TRUTV: I`m not surprise. I don`t think anybody here can be surprised. Imagine the cross-examination of the century that would have gone on.

MARK EIGLARSH, CRIMINAL DEFENSE ATTORNEY: I was imagining it. I wanted to see it.

SMITH: And do you think Jeff Ashton had been thinking about this for years as this case was going on, if she gets on the stand, what will I ask her? Every single lie would have been questioned, every single story, every single thing that she had in her story would have been put under the microscope. They could not hat that.

But I`ve got to tell you, it made me also think, like you just mentioned, remember that competency hearing just last week. We thought that was about her wanting to testify. I wonder if she knows what`s going on in the courtroom now? Because now the question is, what was that all about? But still, there was no way I thought she was testifying.

EIGLARSH: A simple question as to whether she`s competent would be, do you still think that Jose Baez was a strong choice as your attorney? If the answer is yes, crazy. After today and what we`ve seen --

SMITH: And what we haven`t seen.

EIGLARSH: -- the defense fizzling out -- and what we haven`t seen -- the smartest decision was her not testifying. I don`t put my clients on the stand unless I`m way, way, way behind. And one would argue, they`re way behind right now. But they have a chance for some of the lesser- included offenses in this case.

POLITAN: So, something less than first degree, something less than facing a death penalty here, Ryan?

SMITH: Absolutely, because could you imagine if she got up there and then the jury started thinking, wow, this is definitely first-degree murder? Now I can see the death penalty. Better to keep her quiet, better not to say anything, and take your chances with what happens.

POLITAN: And my guess is, they may not like her. If she`s up on the stand for a couple of days --

EIGLARSH: You think? She`s so likeable. She`s America`s sweetheart. What do you mean?

POLITAN: Well, whatever they think about her now, seeing her in person, just feet away, could be a problem.

EIGLARSH: And not only in terms of likability, but her filling in the different blanks, like, well, what did you do next and what did you next? Exactly when George took the stand, for example, on that day when we all fell in love with him, we realized, my God, he is a grieving grandfather, imagine how he appeared the day before. Just think about that.

You don`t put her on the stand. It would have highlighted just the evilness --


POLITAN: And the other part is she has been questioned before. She`s been interrogated. Remember at Universal Studios?

Take a listen to this. It`s Casey Anthony at Universal after she brings police there because she said, yes, I work there. No, I don`t work there.

Take a listen.


UNIDENTIFIED MALE: Everything that is coming out of your mouth is a lie. Everything.

And unless we start getting the truth, we`re going to announce two possibilities with Caylee. If you gave Caylee to someone, and you don`t want them to find out because you think you`re a bad mom, or something happened to Caylee, and Caylee`s buried somewhere, or in a trash can somewhere, and you had something to do with it, either way right now is not a very pretty picture.


POLITAN: Now, I don`t know if I was necessarily surprised. Here`s what my thinking was here, and it may have been skewed, because I said this trial is different than any trial I`ve ever covered before, right?

And I was thinking, well, maybe, just maybe, she takes the stand because she`s a liar. They already know it. It`s already out there.

She`s lied to everybody -- her parents, her friends. She`s stolen from them. But she might be good at it.

So then she might be good at it, Ryan.

SMITH: So what do you believe, then? Do you believe the accident theory or anything she says if she gets up and says she`s a liar?

The problem with this case from the very beginning, how can you believe anything she has to say if she gets up on that stand? And you talk about likability, she gets up on that stand, remember in the jailhouse videos when mom and dad were talking to her and she got frustrated?


SMITH: She said, "Mom, I`m so frustrated!" Can you imagine if that happened on the stand?

EIGLARSH: Here`s the problem. How do you now argue in closing argument the defense theory?

Ashton already -- is already practicing -- assumes facts not in evidence. How do you get up there and do that without her testimony? Legally, I don`t know how they can.

POLITAN: Well, a trial is a lot about credibility, right? Believing people.

How about Jose Baez`s credibility. Now that his case has rested -- he came out, yeah, we`re going to prove that this was a drowning, she was sexually abused. And guess what? Roy Kronk, he held on to all those bones for months.

SMITH: I wonder if he is second-guessing that opening statement right now.

You think? Can you imagine if he wouldn`t --

EIGLARSH: You think?

SMITH: Can you imagine if he wouldn`t have mentioned --

EIGLARSH: It was a great opening statement.

SMITH: It was. Oh, it left us riveted.


UNIDENTIFIED MALE: But you`ve got to back it up.

SMITH: You`ve got to back it up, right? It never happened.

So nothing about the sexual abuse. Nothing really about the accident. There was no hard proof that Caylee died by accident. Now you can`t really touch that on your closing. What do you know?

EIGLARSH: And that, coupled with Cindy`s impeachment, is -- again, that`s not directly Baez, but that`s on the defense team. You promised us that she did the chloroform searches, she was there in the house, it wasn`t your client. Now we know she was at work.

POLITAN: Well, we don`t know yet. We`ll find out during the rebuttal case that`s coming up.

EIGLARSH: Please, we know. Oh, yes.

POLITAN: So what does Jose Baez do? How does he save face in front of this jury? Because you know he`s going to do the closing argument. No one else is going to -- he might share it, but he`s going to be there, speaking to these jurors.

Look at it -- ladies and gentlemen, she`s not guilty. Believe me, she`s not guilty.

How does he say that after he threw that out there? Does he say, I made a mistake? Casey lied to me? I lied to you?

EIGLARSH: I don`t think that he thinks that he`s as behind the eight ball as we all think.



SMITH: I think that`s true.

EIGLARSH: He was smirking in court after that abomination of a direct examination of George, where it made it very clear for everyone in America that George did not dispose of his own granddaughter`s body while his daughter sat potentially looking at a death sentence. He made that clear for America. I would have been crawled up in a fetal position in the courtroom.

SMITH: But you know what he`s going to do? He`s going to say, it`s not my job to prove anything here. I poked holes in the prosecution`s case. You can`t believe George Anthony. You can`t believe Roy Kronk.

He`ll just go with what he did on his opening statements to the extent that he can. And remember, there`s not much else he can say. So, at this point, they`ve got to believe what he`s selling (ph).

POLITAN: I think the other problem Casey Anthony has though is her whole family had to take the stand again and again and again. They got attacked by the prostitution. They got attacked by the defense. All their dirty laundry, all their secrets all came out.

They are breaking down emotionally. And she just sat there and watched for the whole trial without getting up there, and letting her mother, her brother, and her father just get annihilated on the stand, emotionally tormented.

All right. Ryan, great job.

All right. Coming up, the Anthony`s` pet cemetery. Did Casey bury pets in Duct tape?

Plus, I had an exclusive interview with George Anthony` alleged mistress. You won`t believe what this woman said.

I`m Vinnie Politan, sitting in for Dr. Drew.

Stay with us.


HOLLOWAY: I am not trash. I know what I did was wrong, but he`s got to take some responsibility for it, too. I made amends with God. I walked with an "A" (ph) on my chest.




BAEZ: George Anthony is at a Publix passing out flyers of his missing granddaughter that he knows is dead. And right behind the donation jar is a roll of Duct tape. All you have to do is --


POLITAN: I`m Vinnie Politan, sitting in for Dr. Drew, live in Orlando.

Since day one, the defense has alleged that George Anthony was involved in covering up Caylee`s death. Did George Anthony dispose of his beloved granddaughter`s body like she was a dead family pet? That`s the shocking claim the defense was pushing today.

Take a look.


BAEZ: Was the dog wrapped in a blanket?

G. ANTHONY: To the best of my recollection, probably, yes.

BAEZ: Was the dog then placed in a plastic bag?

G. ANTHONY: I don`t remember that exactly, but the dog was deceased and the dog was taken to our home and placed there, yes.

BAEZ: Was it also wrapped in Duct tape?

G. ANTHONY: Sir, I have no idea. You`re going back almost 30 years here, sir.


POLITAN: George`s son Lee was recalled to talk specifically about how at least one family pet was buried. Watch.


BAEZ: How was Cinnamon buried?

LEE ANTHONY, CASEY ANTHONY`S BROTHER: I buried her in our back yard.

BAEZ: OK. And was she in a plastic bag with Duct tape?

L. ANTHONY: She was in a black plastic bag, and I do recall there being Duct tape used to secure the bag.


POLITAN: I`m back with criminal defense Mark Eiglarsh. Also joining us is prosecutor Stacey Honowitz.

Welcome to you both. Great to have you here.

Stacey, I want to get your take on the impact of this. It was a series of witnesses, the Anthony family Anthony describing for the world and for this jury how they would dispose of their pets after they died. I mean, talking about how they are wrapped in bags and wrapped in tape and buried.

What`s the impact of that?

STACEY HONOWITZ, FLORIDA PROSECUTOR: A big, fat zero. I think it`s a big, fat zero, honestly. I don`t think there was any impact from that today.

You know, sometimes, Vinnie, in the 11th hour desperate means call for desperate measures. And I think that`s exactly what this was, a desperate measure.

What leap is he trying to make that because a dog 30 years ago was wrapped in a plastic bag he either taught Casey how to do it, which would be great for the prosecution, that she learned how to do it, or he himself did it? I think it was ridiculous. I think it was really grasping. And I don`t think it`s going to have any impact. And it`s nothing to even argue to the jury.

It`s really quite ridiculous, quite frankly.

POLITAN: And what they were implying through this line of questioning, Mark, is that this grandfather would get rid of his granddaughter the same way he would get rid of a dog or a cat.

EIGLARSH: Correct.

POLITAN: That`s offensive.

EIGLARSH: Completely. We never how these jurors are going to take it. I took it as offensive.

And any benefit that possibly was achieved by what they did is outweighed by the fact that she knew how the father disposed of the family`s family pets, so then she then learned that you use Duct tape. She learned that you put it in a plastic bag, and that you bury it or you throw it away like trash. I don`t get it.

POLITAN: Now, there was a comeback -- Stacey, you`re going to appreciate this -- on cross-examination. Linda Drane Burdick -- just take a listen to this. This is a great comeback to this line of questioning by the defense.


LINDA DRANE BURDICK, PROSECUTOR: I take it that you did not euthanize your own pets with chloroform?

CINDY ANTHONY: No, ma`am. We did not.

When I received her back she was already wrapped in black plastic with, like, packing tape over it.

BAEZ: Was it Duct tape?



POLITAN: So, the defense, on the one hand, is saying, all right, well, this is how the Anthonys get rid of their dead family members and pets. She comes back and says, you guys didn`t euthanize the pets with chloroform.

Stacey, I thought that was brilliant.

HONOWITZ: Yes. I`ll tell you why it`s brilliant.

You know, sometimes when you put witnesses up on the defense side that are really ridiculous -- and I`ve said it before, it has become the theater of the absurd in this case. When it`s so ridiculous, you don`t need a long cross-examination. You have the one-two punch.

And the point that she brought home was that, exactly. This is ridiculous. You don`t use chloroform. Why are we even bringing this up? So she hit a homerun today with that cross.

EIGLARSH: We`ve got the address the elephant in the room. I mean, it has nothing to do with the trial, but how many pets have died in that home? And I get a lot of theories sent to me, but somebody -- I agree.

HONOWITZ: Who cares?

EIGLARSH: I started off, Stacey, with, who cares?

POLITAN: No, but this is a valid point.

EIGLARSH: Well, it means, number one, I`m never letting anyone from the Anthony home pet-sit my goldendoodle. That`s number one.

And number two, some people have alleged -- and it`s not that far- fetched -- that, could Casey have offed her pets in an attempt to get more attention from her parents over the years? I don`t know.

POLITAN: I don`t know either.

But Stacey --

HONOWITZ: I think that that`s a great point. I think that that`s a great, little leapy (ph) psychological point.

EIGLARSH: Oh. Well, thank you, Stacey.

HONOWITZ: And I never like to agree with you. But the bottom line is, it has no role in this case. And what he did today was what he`s done this entire time.

EIGLARSH: Or does it?

HONOWITZ: He puts defense witnesses up there that --


EIGLARSH: I don`t disagree with you. Let Vinnie try to make it relevant.

POLITAN: I`m going to make it relevant right now.

HONOWITZ: I`m trying to talk. Mark, I`m trying to talk.

EIGLARSH: Go right ahead. It`s Vinnie who is yelling.

POLITAN: I`m interrupting you this time, Stacey. Sorry.

HONOWITZ: Go ahead.

POLITAN: I was just going to try to make it relevant for you.

Is it possible that part of what this whole thing was, to point out all these dead animals, that there`s just something wrong inside this house, that there`s something that is just different? There`s deep, dark secrets. There`s a line of dead animals. They bury them in the back yard.

Just trying to make this family look even more dysfunctional?

HONOWITZ: Yes. And then the prosecutor gets up and says, guess what, ladies and gentlemen? Dysfunction, dysfunction, dysfunction. It doesn`t lead to murder. That what we`re trying to do.

Let`s keep our eye on the ball, because what he`s trying to do is just smoke and mirrors and distract. When they get back up with their rebuttal tomorrow, which will hammer home a lot of things, and their closing argument, they will put all those pieces of the puzzle together.

Everything we heard five weeks ago is now going to come back in front of this jury. And that`s the important part of what happened.

He has turned every defense witness, he`s tried to chip away, and it has become a state great witness. That was his problem, his closing argument -- I mean, his opening statement, and then the defense witnesses that he brought in.

POLITAN: Did the defense do anything to link the Duct tape? Obviously, they were talking about the Duct tape on the bags, but they also talked about the Duct tape that George Anthony may have had control of over at the command center.

EIGLARSH: I didn`t think it was too compelling.

Here`s my question. I mean, I`ve never gotten rid of a family pet before, but there aren`t that many ways to do it. I think it would involve a trash bag and some Duct tape. I don`t know. It`s not that unique.

POLITAN: No. And, actually, what the testimony was is that the first couple pets were packed that way by the vets. They brought them to the dog doctor, and the dog doctor wrapped them up and they took them home like that.

EIGLARSH: It`s kind of sad.

POLITAN: It`s sad. And it`s sad that that`s the way they ended the case.

Go ahead, Stacey.

HONOWITZ: That`s what it`s been the entire time in this case. This entire case is sad. It`s tragic.

But what he has done, he`s tried to make those leaps. He wants those jurors to go back and think to themselves, well, George Anthony uses Duct tape and he uses trash bags. Ergo, he`s the villain in all of this.

Really, it`s cut the other way, like Mark was talking about before. This really could really blow up, and I think it will to say, well, Casey learned all of this. How did she learn how to wrap this child?

POLITAN: I`ll tell you what, they whimpered out at the end of this case.

Stacey, up next, George Anthony`s suicide note. We have it. We`re going to take a closer look.

And later, I spoke one-on-one with George`s alleged mistress today, and I`m sharing the intimate details with you.

I`m Vinnie Politan, in for Dr. Drew, live in Orlando, Florida.

Stay with us.


POLITAN: Tonight, George`s suicide note is shown to jurors. You are looking at the actual note there.

George writes in a neat script, "Dear Cynthia Marie." The heartbreaking letter says, "I love you, Cynthia Marie. I really do. That is why I must join Caylee Marie now."

"I can cannot be strong anymore. Caylee Marie, our granddaughter, I miss her. I miss her so much. I know you do, too. I blame myself for her being done."

Casey does not deserve to be where she is. And Caylee, here I come.

What does this prove?

Back to criminal defense attorney Mark Eiglarsh. He`s here in Orlando. And prosecutor Stacey Honowitz.

All right, Stacey, what does this letter -- I mean, this is a letter that the defense didn`t necessarily want to put in. They opened the door. So Jeff Ashton, the prosecution, Linda Drane Burdick, they put it in.

It sounds to me like a man whose life is broken.

HONOWITZ: Well, that`s exactly what the prosecutors want the jury to know, that his life was broken.

All at the very beginning, when everyone tried to assume that maybe he was part of it, and when Jose came out on closing (sic) argument and made him be the bad guy, made him basically the disposer of the body, I mean, now they get to see his true emotion. They saw him in the stand yesterday break down. They saw a grieving grandfather. And in this letter, they saw a man heartbroken that didn`t want to go on any longer.

So, for Jose it was a bit of a problem, because once again, as I stated before, every time he tries to put up a defense attorney, it turns into a prosecution piece of gold. And that`s what happened today.

EIGLARSH: See, I`m going to disagree with Stacey, two points. Number one, you used the word "ergo" in the last segment, and I take exception to that.

HONOWITZ: I love that word.

EIGLARSH: The 1820s wants their word back.

HONOWITZ: I love that word.

EIGLARSH: Yes. Well, we`re all trying to figure out what that means.

But the second thing that I have a problem with is I don`t know that it`s gold. Vinnie just read portions of the letter. I`m assuming those are the most incriminating. And what, I feel responsible for where Caylee is? The defense is going to have a field day with that.


HONOWITZ: Yes, because he knew his daughter was a bad seed. We knew it from the start.

Some kids are just bad seeds, and George probably realized that keeping her in the hands of this -- having this child in the hands of this mother, something happened. And that`s what that note reflects, a grieving grandfather who`s suffering. And that`s what he wants. He`s suffering.

EIGLARSH: Stacey, from your lips to the jurors. But listen, they`re going to spin it the other way.

You can see it. You`ve been there many times before.

First of all, a guy who chooses the ultimate sanction to himself, taking himself out of the world, the defense will argue -- and don`t kill the messenger, but the defense will argue, obviously he`s grief-stricken. Look what he did. They`re getting closer to discovering what he might have done -- listen --

POLITAN: I disagree with Mark, but here`s my point on this. What`s not in that letter? There`s no confession.

If a guy is going to take his life, the grandfather, he is going to --

EIGLARSH: Oh, that`s the rule?

POLITAN: Yes, it`s the rule.


POLITAN: It`s what the jury would expect.


POLITAN: It`s what the jury would expect, and it`s not there.

EIGLARSH: It`s what Vinnie -- it`s what my cousin Vinnie would want to see in the letter.

POLITAN: My dying declaration where I`m going to atone for my sins. I`m going to put it in that letter.

EIGLARSH: Listen, I don`t think he had anything -- just so we`re clear -- let`s minimize the hate mail -- I don`t think he had anything to do with taking his daughter`s (sic) remains. However, what, there`s a rule in suicide that in the absence of putting it in there, that I did such and such means he didn`t?

POLITAN: There`s no rule, but there`s an expectation.

HONOWITZ: There`s not a rule, but that`s what you would expect. You would definitely --

POLITAN: The expectation.


EIGLARSH: That`s a good word.

POLITAN: Thank you, Stacey.

You lose, Mark, 2-1.

EIGLARSH: I agree with you. "Expectation" is better than "ergo."

POLITAN: Up next, details of my one-on-one conversation with Krystal Holloway. She is George Anthony`s alleged mistress. I talked to her earlier yesterday on "PRIME NEWS."

I`m live in Orlando, filling in for the doc tonight.

You`re watching DR. DREW.



UNIDENTIFIED MALE: Your testimony is that she was just another volunteer?

GEORGE ANTHONY, CASEY ANTHONY`S FATHER: Absolutely, just another volunteer.

UNIDENTIFIED MALE: No different than any other volunteer?

GEORGE ANTHONY: No, because everyone who ever volunteered at our command centers, stuff like that, some people became more than just volunteers. They became friends.

UNIDENTIFIED MALE: Did you have a romantic relationship with her?



POLITAN: Just 24 hours ago, George Anthony denied having an affair with a woman who volunteered to search for his granddaughter, but today, that woman told a different story. I`m back with criminal defense attorney, Mark Eiglarsh. Joining us is bounty hunter, Leonard Padilla, and Florida prosecutor, Stacey Honowitz. Great to see you all. Still friends after all this fight (ph), right?

Here`s what George Anthony`s alleged mistress, Krystal Holloway, said on the stand today. Watch.


UNIDENTIFIED MALE: Did you get to know Mr. Anthony a little better?


UNIDENTIFIED MALE: Did you develop a relationship with Mr. Anthony?

HOLLOWAY: Yes, sir, I did.

UNIDENTIFIED MALE: And was this an intimate relationship?



POLITAN: And just hours ago, this is what she told me in an exclusive interview on "Prime News." Take a look.


I am so sorry that I had an affair with a married man. And it did change my life. I`ve paid for it. My children have paid for it. I am not trash. I didn`t -- I know what I did was wrong, but he`s got to take some responsibility for it, too.


POLITAN: Stacey Honowitz, does that sound like a woman who is lying?

STACEY HONOWITZ, FLORIDA PROSECUTOR: I don`t know. Honestly, I don`t know, but I don`t care. I could care less if George was screwing the world while this is going on. It makes no difference whatsoever. You do not equate cheating with being involved in a murder. Let`s face facts, and that`s exactly. And her testimony, under cross-examination was, did he say that he didn`t -- that he believed that it was an accident or that it was an accident, and she couldn`t answer that question.

You can`t take that for the truth of the matter (ph). That was the whole hearsay argument. So, who cares if he had an affair with her? The judge is going to tell you, can believe all of the testimony, some of the testimony, none of the testimony, it does not make a difference.

POLITAN: Leonard, what do you think about the statement? She alleges that while she is on the floor and George Anthony is sitting on the couch, he says something about an accident, and it wasn`t clear even from my interview with her what she believes.

LEONARD PADILLA, BOUNTY HUNTER: All right. When we were here in November, for the big search with EquuSearch, by that time, Rob had come up with an overdose chloroform theory. He`s sitting there running down to George about it was an accident. She didn`t mean to kill the child. It was an overdose of chloroform when she was chloroforming her to put her sleep because she didn`t have any money for Xanax and all of that stuff.

POLITAN: This is being said to George Anthony.


POLITAN: Your right hand man?

PADILLA: Yes. When he makes that statement there, he means that it was an accident, snowballed out of control. He`s not saying that it was in the pool or anything like that. He`s saying it was an accident because the whole family does not believe that she`s guilty of murder. They only believe it was an accident. The chloroform.


POLITAN: An accident, but under the law, we know it`s felony murder.

PADILLA: Yes, I understand how that works, but like they say, there`s no justice. It`s what`s legal. They don`t think it`s right for her to be charged with first degree.

EIGLARSH: I don`t disagree with what Leonard is saying, but he has no greater insight as to what the meaning of that phrase is than any of us. And I happen to agree with his assessment. I think that it cuts both ways. You know, it doesn`t necessarily mean that he was there when the drowning took place so he knows.

I believe he was obviously a grieving grandfather wanting to believe that someone he put in this world is not capable of first-degree premeditated murder. It must have been an accident. That`s what I think any of us would say about our own offspring.

POLITAN: Here`s the thing with George Anthony now because Jose Baez pointed him out during his opening statement. This is the guy who covered up this accident. This is the guy who is the sex abuser, and now, we`ve got him in this predicament. Does this jury believe that he`s a cheater?

Do they believe that he got on that witness stand in court, took the oath, and lied about his relationship with Krystal Holloway so will they now not believe some other things about him and maybe believe that he is, somehow, some way, involved in all of this?

EIGLARSH: Such a lengthy question, but I think I caught half of it. No question that -- I`m just saying. No question that they had -- it was a great question, I just lost you at half of it. No question that they had a great moment in George the first time that they got him to say that I deny this affair. None of us believe him. That`s how they should have ended their case. We all would have been going, hmm, what else did he lie about?

They could have said he was involved with O.J. if they wanted to at that moment. We all thought he was a liar, but then, Baez in a rookie move calls him back and then the big day, we all believe that he had nothing to do with this. So sad.

POLITAN: And the answer was about twice as long as the question. Ergo, I lost you halfway through.

EIGLARSH: Yes. So did America. Yes.

POLITAN: Leonard, how about it? Do you believe George? What do you think? I mean, you got close to George?

PADILLA: Here`s the thing, George had an affair with that woman, OK?

POLITAN: He denies it. He denies it.

PADILLA: That doesn`t matter. He had an affair with her.

EIGLARSH: Was it a threesome? Do you know firsthand?

PADILLA: Oh, stop it, kid. Grow up.

HONOWITZ: That is disgusting.


POLITAN: Thanks, Stacey. Yes, go ahead.

HONOWITZ: No, I mean, really --

PADILLA: George himself, OK, talks a lot when he`s one-on-one. Him and Rob used to go out and play hoop in front of the garage. I talked to Rob about some of those conversations. So, it doesn`t tell me hearsay and third party. Now, the other thing, he didn`t meet that woman at the stand. She was demonstrating out in front of the house is where she --

POLITAN: Demonstrating against the Anthonys.

PADILLA: I don`t really understand what the deal was, but the first time that she showed up, it was at the house.

POLITAN: You saw her there?

PADILLA: Yes. At the house.

POLITAN: You`re sure it wasn`t her twin sister.

PADILLA: Well, it could have been. You`re right about that. Yes. I never saw two of them together, but I did see her at the stand, and she was, like I said, the one at the house. I don`t know how much they look alike.

POLITAN: Well, they`re identical, but I don`t know how much they look like. Stacey Honowitz, how about it? Is it possible this jury looks at George Anthony a lot differently now based upon -- and obviously, you know, an affair may or may not have happened. I don`t know. It`s been denied by George. Krystal Holloway says it has. I wasn`t there.

HONOWITZ: Do you believe her when you interviewed her?

PADILLA: Yes, you did.

POLITAN: She was compelling.


HONOWITZ: No, I mean, to me, she appeared to be a scorned woman. I mean, honestly, she really did when she was begging him to take responsibility. She appeared to be very scorned. She really did. Like, you know, I made the first advance, whatever. I don`t think the prosecutors -- the prosecutors will be able to argue that away because they`re going to say, what are you going to do, you`re going to believe because he`s a cheater. He disposed of his granddaughter. He didn`t want to bury her. He let his daughter sit in jail? It is really a bogus, bogus fact in this case.

EIGLARSH: Stacey, you think the prosecutors are going to concede that? You would as a prosecutor get up and say that he`s a cheater? Do you think that they`re going to argue that?

HONOWITZ: Well, I`m saying it means nothing. It means nothing in the scheme of things.

EIGLARSH: No, no but the question was --

HONOWITZ: The guy had an affair. Big deal. Big deal. The guy had an affair.

EIGLARSH: So, you`re going to concede that to the jury?

HONOWITZ: I`m not conceding anything, Mark. I`m not arguing this case in front of a jury. I`m not conceding.

EIGLARSH: But if you were, if you were? I want to know. I`m asking you.

HONOWITZ: I don`t have to tell you. How`s that.

EIGLARSH: I`m asking you.

HONOWITZ: I don`t know what my strategy would be. I don`t know.


POLITAN: Stacey, you don`t have to say anything that you don`t want to say tonight, all right?

HONOWITZ: You`re not my (ph) advocacy professor.

POLITAN: Exactly. He`s not the boss of you.

HONOWITZ: That`s exactly --

POLITAN: All right. Jose Baez, by the way, here`s one of the reasons why it becomes a little more credible, this theory, are the text messages. The text messages. And Jose Baez questioned Krystal about George`s text message. I want you to see that first just to get a fuller picture on why many people are believing Krystal Holloway.


UNIDENTIFIED MALE: Did you ever send her a text message telling her that you needed her in your life?

GEORGE ANTHONY: Well, I`ve seen that information come out. Yes, I sent many text messages to many, many volunteers and people helping out and, yes, I did need those people in my life. Yes.

UNIDENTIFIED MALE: So, you sent her that text message?

GEORGE ANTHONY: Yes, sir. I`m not going to say that I didn`t.


POLITAN: The text message says, I need you in my life. That just, you know, does not look good.


POLITAN: If you`re sending that to another woman whose not your wife?

EIGLARSH: That to me was the nail in the coffin. You know, he was there to comfort her, to show her support is what he said. And I believe that he showed her more than comfort and support. He`s going to her house --

POLITAN: (INAUDIBLE) It`s the worst time of his life.

EIGLARSH: Yes. I understand that. And she did, allegedly, by her own admission, hit on him. That being said, I think that he just should have admitted it if he did it, and then, it wouldn`t have harmed his credibility the way that it did.

POLITAN: All right. Next, Casey took a stand today and the answer is, no, she will not testify. You`ll hear what she might have been up against, and it`s not pretty. I`m Vinnie Politan sitting in for Dr. Drew. Watch this as we go to break. Judge Perry sentenced a court spectator to jail after his unusual behavior in court today.


VOICE OF HON. BELVIN PERRY, ORANGE COUNTY CIRCUIT COURT: And who were you extending the finger to, sir?


PERRY: And what was Mr. Ashton doing at that time, sir?

BARTLETT: I don`t know.

PERRY: I will sentence you for six days in the Orange County jail, impose a fine of $400 along.



POLITAN: I`m Vinnie Politan sitting in for Dr. Drew. We said it all day. Casey Anthony will not take the stand. Well, let`s get real here. I mean, Casey has had some trouble with the truth. Lies, lies, lies. Watch.


UNIDENTIFIED FEMALE: She spins tales which (INAUDIBLE), but all these crazy stories about all the stuff. She also made up a story about her parents, her dad cheating on her mom.

UNIDENTIFIED MALE: This is going to be the point where you stop all of lies and stop all of fibs and you tell us exactly what`s going on.

CINDY ANTHONY, CASEY ANTHONY`S MOTHER: We need to have something to go on.


UNIDENTIFIED MALE: I know and you know that everything you tell me is a lie, correct?

CASEY ANTHONY: Not everything that I`ve told you.

UNIDENTIFIED MALE: (INAUDIBLE) the information provided by Miss Anthony as to the whereabouts of her daughter. I would point out that the truth and Miss Anthony are strangers.

UNIDENTIFIED MALE: Is there anything about the story that you`re telling me it is untrue or do you want anything that you want to change or divert from what you`ve already told me?



POLITAN: So, was it a good idea for Casey not to testify? Bounty Hunter, Leonard Padilla, Attorney Mark Eiglarsh are back as is Florida prosecutor, Stacey Honowitz. Can you imagine what the prosecution could have done had Casey taken to the stand now? Listen to Casey and detectives as they visit her imaginary job.


UNIDENTIFIED MALE: I`m just being, you know, being straight with you.


UNIDENTIFIED MALE: Because obviously, I know and you know that everything you told me is a lie, correct?

CASEY ANTHONY: Not everything that I told you.

UNIDENTIFIED MALE: OK. Pretty much everything that you`ve told me, including where Caylee is right now.

CASEY ANTHONY: That I still -- I don`t know where she is.

UNIDENTIFIED MALE: Sure you do. And here`s --

CASEY ANTHONY: I absolutely do not --

UNIDENTIFIED MALE: Listen, let me --

CASEY ANTHONY: Know where she is.


POLITAN: All right. Casey, clearly lying to detective there. Do we all agree now, it was the right move not to testify, Leonard?

PADILLA: Well, she shouldn`t have testified, but I`ll tell you one thing. She`s a (INAUDIBLE) of her own. She did lie, but she wouldn`t have backed up one inch. Those were three bruisers in their questioning her.


PADILLA: And let me tell you, that was three years ago before she got practiced in this arena.

EIGLARSH: She would have been the only one in the history of the criminal justice system when asked to state her name that she would say Casey Anthony. The jurors would have said, oh really?


POLITAN: Stacey, that was the right call at this point?

HONOWITZ: Yes, I mean, absolutely --

POLITAN: The right call not to testify.



POLITAN: All right. This what I want to do. Today, early, got up early this morning, met my pals, Mark, Leonard, and Leonard`s right-hand man, Rob, and we went to the site of the remains to get a different look at it. Watch this.


POLITAN: So, we go and see in that videotape that was taken by the private investigator, Dominic Casey, who work for Jose Baez and then worked for George and Cindy Anthony. He`s on the cell phone with a psychic, he says, looking for Caylee`s remains somewhere around here.

ROB DICK, BOUNTY HUNTER: On the first day, you know, as Dominic Casey marked on the map, he parked right in front of this pole. He marks that on the map in court.

EIGLARSH: He marked it on the map, but he wasn`t sure exactly where he was. What`s key is how close this is to the Anthony home. This is the first logical place I would look.


EIGLARSH: In light of the pets being buried here in the past. You don`t think a psychic could figure that out.

DICK: On the second day, they come down here.

POLITAN: All right. We got two guys that are coming here, Dominic Casey and Roy Kronk.

DICK: Casey tells Baez, hey, (INAUDIBLE) I panicked. George almost found Caylee, I panicked, came down here and dumped her -- right in the woods and dumped her.

POLITAN: So, that`s the information someone over hears and --


POLITAN: Allegedly fed to Dominic Casey, Roy Kronk independently. So, one thing I just don`t understand is why no one searched in the area where she actually was in August? This is the closest area. This is the closest wooded area to her home. This is the first place you pullover.


POLITAN: That`s the question I have, and here`s a question I have for you tonight, Leonard. Is this jury getting an accurate description and depiction of what the scene was?

PADILLA: One thing I don`t understand is, it -- yes, on television, they take the jury here, they take the jury there. Why they haven`t done it in this case to take them out there and give him a sense of touchy, feely? In other words, look, folks. Here`s the house. It`s right around the corner. I don`t know why the prosecution didn`t do that.

EIGLARSH: The disadvantage is so much has changed since this happened, but I agree with Leonard in that for the first time --

POLITAN: Say that again.

EIGLARSH: Leonard is not a cowboy. In the three years that I`ve been covering the case, for the first time it hit me being out there that Anthony`s home literally is right around the corner from this location, and it was so obvious to me that she panicked. She goes to the first possible area that she can find.

POLITAN: Why didn`t you search that area? That`s a question -- why didn`t you search that area? You were there. I mean, it`s the closest wooded area to the house. It`s less than a quarter of a mile away. Are you kicking yourself today because you didn`t search that area?

PADILLA: No, no here`s the thing. We weren`t there for a dead person at the time that we bailed her out. We didn`t decide that the child was dead until they came back with the human decomposition in the trunk of the car. On a Wednesday, on a Friday they rearrested her. Monday, we`re out of there. When we came back, we searched, but they had search --

POLITAN: You came back after the storm, though, everything is under water.

EIGLARSH: The bigger question is, why didn`t law enforcement, as we saw today, suspect that to be the most obvious place, particularly, with the history of her burying her pets in that area? It was so painfully obvious and my heart really broke being at the memorial over there, looking down, and it finally did hit me. Like, this is where she just disposed of her child like a piece of trash. I was very emotional.

PADILLA: They sent dogs in there. They sent cadaver dogs in there.

POLITAN: They did.

PADILLA: Now, here`s the person that had that body found on the 11th of August. St. John is her name. She`s a psychic from up in Ohio or somewhere. She parked right there, and her dog was going like this at the window to get out. Right there. Twenty feet from the body. The television people told her to move up the road to get a better shot. So, she moved up the road. That`s when she got out with her dog on a leash.

EIGLARSH: What was the dog doing again?

PADILLA: At the window.


POLITAN: Stacey, get a better feel for what this area is like? Because I think they`re getting a picture that`s not accurate inside the courtroom.

HONOWITZ: I don`t know. It`s really in the prosecutor`s discretion to move for jury view, and then, the judge makes a decision whether you can. I think that the prosecutors have done a bang up job in laying out this case. I don`t know if you need to get a firsthand view standing right there to say look how obvious the crime seen is to the family`s house.

Just because it`s right there doesn`t mean that every murderer thinks, well, it`s right there. That`s where I`ll dump the body. And I don`t think that where you can really argue to the jury. Sometimes, it`s nice to go to the scene. I don`t think in this case, it`s necessary.


HONOWITZ: I mean, you`re speculating. You`re speculating when you say that. She panicked and that`s --

EIGLARSH: Stacey, I agree with you, it`s not necessary. And up until this morning, before I went there, I would have agreed with you, but now, it`s painfully obvious.

POLITAN: Thanks, guys. Thank you, Stacey.

Dr. Drew "Jury" is next. Stay with us. I`m Vinnie Politan sitting in for Dr. Drew.


PERRY: Mr. Baez, do you intend to present any more live witnesses?

JOSE BAEZ, DEFENSE ATTORNEY: No, sir, we do not.




BAEZ: Just because Mr. Ashton says that that`s the only piece of evidence that has been admitted as to an accident doesn`t make it so. I think that there has been numerous other points made on that topic, but that`s irrelevant to the issue other than Mr. Ashton deciding to argue. And that`s what this is. Just more blah, blah, blah.


POLITAN: Blah, blah, blah. What a day to be in court, and our next guest was. His name is Adrian Wheatley. Today was his ninth time inside the Casey Anthony courtroom. Adrian, by the way, is a friend of our friend in the neck brace. He`s from England and has some interesting observations about how our trials here. And I`m going to ask him about that, but first, I`ve got to know, your reaction when Jose Baez says that the defense rests, meaning Casey Anthony was not getting up on that witness stand.

ADRIAN WHEATLEY, DR. DREW "JURY": Well, Vinnie, I think enough damage has been done without her taking the stand. The way Jose Baez has performed the last couple of weeks has been embarrassing.

POLITAN: You don`t think Casey could have saved herself today, done herself some good and gone up on the stand and explain about the sex abuse, explain about the accident?

WHEATLEY: I don`t think she could tell the truth from anything. She`s just full of lies. Everything that comes out of her mouth is a lie.


WHEATLEY: Oh, yes. I think everybody --

POLITAN: Did you notice anything about her, though? I mean, from being in the courtroom and seeing her and her interaction, you know, whether it`s during the break time or side bar, did you notice anything about Casey that strikes you? What is it?

WHEATLEY: Unbelievable. She`s so different when the jury goes away.

POLITAN: Really?

WHEATLEY: Oh, yes. She would just sit there when the jurors were there, you know, looking out, but as soon as the jury goes away --

POLITAN: She`s put on a little show for them?

WHEATLEY: Oh, definitely. Definitely. Without a doubt.

POLITAN: Speaking of shows. We have a show right outside the courthouse here, our cameras are inside there. If you we in England, we couldn`t do this?

WHEATLEY: No. This is great. I mean, I used to follow the courts back in the UK, but obviously, not on TV.

POLITAN: What`s wrong with them over? Haven`t we learned anything in 200 years? Or we can teach them how to do it.

WHEATLEY: Yes, well --

POLITAN: What`s the most surprising thing about watching a U.S. system of justice in work from your perspective?

WHEATLEY: It`s good because you can relate to it. You know, you can see these things on TV, but actually being there and seeing the difference between being on the TV, you know, you can sort of keep control of the system. You know, people can see what`s going wrong and what`s going right. The way Baez has performed and the professional way that Ashton has performed. It`s entirely different to the UK system.

POLITAN: This is a true story. I`m coming home from dinner and see all of these people by the courthouse. What`s going on here? Oh, they`re waiting online to get in. It was actually the last night that people were waiting online. You were there. New system in place now. What do you think of it?

WHEATLEY: It`s a lot more organized. We`ve still got a few problems.

POLITAN: Really?

WHEATLEY: Yes. Like, today, I was there and there were like 80 people in line, and instead of bailiff going and said, there`s only 50 going in there. I mean, this was at 12:00. The bailiff should have gone and said to the people, there were only 50 people going in and the rest can go away, but they don`t. They just leave you there until four o`clock, take the 50, and they just say bye-bye to the other 30.

POLITAN: So if you can`t count to 50, you might end up staying online a little longer?


POLITAN: Adrian, thanks so much. Appreciate it.

WHEATLEY: OK. You`re welcome.

POLITAN: You going in again?

WHEATLEY: Oh, yes. I`m there tomorrow.

POLITAN: All right.

WHEATLEY: Watch out for me.

POLITAN: Thanks so much for watching, folks. Stay tuned to HLN for live coverage of the Casey Anthony trial tomorrow and throughout the weekend when the closing arguments take place. Good night.