Sunday, May 10, 2009

Hit Her Again Chris


If you haven’t heard nude photos of “singer” Rhianna have been leaked to the web. Who did it is still a mystery but my money is on Chris Brown. It’s a classic control and domination move.

Testify against me will you? How do you like this? This tactic is absolutely disgusting. As if some more naked pictures of another celebrity are any kind of real news.

Provided the photos were leaked by him does he really think any judge or jury is going throw out the case because there is a naked picture of her out there. Will this really make her any less a credible witness? I would think this would make more willing than ever to tell the story of her beating.

I hope the source of this leak is tracked down and publicly exposed.

As for the pictures themselves I have seen 7 of them. Two are plain face shots. One has a girl who could be her taking an almost fully dressed photo in a mirror with the camera blocking her face. Carries Prejean’s pics expose more (I never miss a chance to take a shot at Carrie). There are semi nudes taken in a mirror that are of an African-American woman of the same skin tone, but her face is not in the shot.
For all I know it isn’t really her.

I hope she goes after this idiot in court with a vengeance like she should have been doing from the first fist.

The right guy but maybe the wrong time


It’s been a long time in the coming but Drew Peterson is finally behind bars for the death of his third wife and it looks like charges may be coming down the line for his fourth wife too.

Where do you begin with this guy? His narcissism is unrivaled. This guy makes Casey Anthony look like she has an inferiority complex.

For the record not only do I think he did it but I think he’s proud of it too.
I can honestly see him walking out of court if he’s acquitted and looking right into the camera and saying f#%! you all I did it.

He wants us all to know what he did. He just doesn’t want to go to prison for it.
Unfortunately that is a real possibility.

At this point the only real evidence against him is his attitude. I say that because there is going to be a knock down drag out legal battle as to see if Kathleen Salvio’s and Stacy Peterson’s statements to friends, family, and even their pastors can be admitted. I feel it would be a shame if they weren’t but that is for the judge to decide.

I think the real reason he was arrested at this point and time is the grand jury was about to disband and it has become a now or never situation. His defense will scream that from the roof tops. This could really go in his favor and that would be a crying shame.

Lucky we have a great system of justice in this country that allows 12 people good and true to convict on pure hate alone. If that’s how we have to get this guy I can live with it.

Wednesday, May 6, 2009

Whats Good for The Goose


To quote Lisa Bloom Carrie Prejean is the gift that just keeps giving.

From her inarticulate answer at the Miss USA Pageant to her media blitz singing the praises of “opposite marriage” and now semi nude photos.

I personally don’t care what she did before all this but she in her own defense has courted disaster.

In an attempt to keep the media from publishing the photos she is claiming she was 17 when they were taken.

If this is the route she wants to go fine, but the consequences of this debate are rougher than she thought they’d be.

I have this question?

Teenage girls who have participated in the fad known as sexting are facing charges of production of child pornography. If Carrie Prejean was 17 at the time of her topless photos should she also be charged with the production of child pornography?

She has already admitted she took the photos voluntarily.

If little Sally Girl Next Door can face prosecution for sending a naked photo to her boyfriend’s cell phone and be branded a pornographer in the eyes of the law does the same not apply to Miss Prejean.

If I were her people I would really be rethinking this line of defense before Carrie Prejean is remembered only for the pornographer who wanted to decide who can marry and who can’t.

Monday, May 4, 2009

Lots Of Questions Very Few Answers


There has been no one that has been harder on Casey Anthony and her family than I have been. I have said in no uncertain terms I believe she is guilty of murder and deserves the death penalty. The latest batch of evidence released has me questioning my position. I am not saying she is innocent at this point but I am asking some questions I wasn’t before.

First off the forensic evidence has proven to my satisfaction that she did not place her daughter’s body at the dump site where she has found.

Casey Anthony’s demeanor the entire length of this case has proven she isn’t the sharpest tool in the shed. I know for a fact she isn’t smart enough to fool the best forensic minds of both the local and federal authorities who processed the crime scene who could not trace back one single solitary microscopic fiber to anything Casey Anthony owns.

Not to blow my own horn but I consider myself a fairly smart man and I could not think of a way to evade or fool the best forensic minds our country has to offer and I ask this question, could you either.

If you and I can’t do it I assure you Casey couldn’t either.

Where are the cell phone pings we have all heard so much about in every area of this case that do not place her anywhere near that wooded area.

I see no major news show admitting their mistake on this. They have simply been acting like this exculpatory evidence doesn’t exist. No one is asking the question if the state was wrong about how Caylee’s body was disposed of what else could they be wrong about?

Today on Nancy Grace they went on a personal attack on Jose Baez that made even me blush. They went into a long tirade about his child support, something to do with a check he once wrote and a bunch of other things that have nothing to do with this case. I have launched some vile attacks against Mr. Baez myself but only about things that apply to this case.

Everyone made such a big deal about the Motion for a Change of Venue made today and engaged in such speculation as to its deeper meaning. The deeper meaning of it is that is what any competent attorney would if their client received the same attention Casey has.

Again I am not proclaiming Casey’s innocence but I am finally ready to listen with an open mind to her defense team.

Sunday, May 3, 2009

Will Blog For Food


I have to wonder just how the times we live in have made the man I am instead of the man I should be.

For those not aware I live in Las Vegas, NV. You can’t walk 20 feet anywhere in this town without someone coming up and begging you for money. They are at every stop light with their cardboard signs reading Hungry Please Help, Disabled Vet, Spread the Love, and my personal favorite Why Lie I Need a Beer.

Call me cruel but I work for a living and that’s how I get my money. Nobody gives me anything and I don’t ask for anything that I don’t feel I’ve earned.

I never have had one attack of conscience in saying no to anyone until today.

I had just parked and was walking to pay my cell bill and I passed a teenager holding one of those cardboard signs who looked me in the eye and asked could I spare some change so see could get some food for her son. I gave my standard sorry and my first thought was she wants money for drugs. I’m funny about drugs. I won’t pretend I have never done my share drugs; I’ve done my share and yours too but I’ve been clean for 15 years so If some is looking for drug money they are asking the wrong guy.

So went to pay my bill and I started thinking what if she really does have a son that’s hungry and I didn’t do anything to help? Am I so jaded that I did I not do what I could to feed a kid? After all it’s not the kids fault they are hungry and it may not even be the mothers fault.

I decided I wouldn’t give her any money but I’d take her to the supermarket and buy her a few meals.

When I went back she was gone and it was the first time a beggar made me feel like a first class prick.

Even if she was trying to scam me for drug money I should have bought her some food.
If you know how to decide who to help I’d sure love to know because I can’t figure it out.

Saturday, May 2, 2009

This Is How You Can Defend Those People


Today I am doing something different with my blog. I am speaking with famed defense attorney Mickey Sherman. From his time as an Asst. Prosecutor and Public Defender with the Stamford Superior Court to being an A list defense attorney, Mickey Sherman has navigated through more of the criminal justice system than many of us would want to experience firsthand. Besides being the bestselling author of “How Can You Defend Those People” Mr. Sherman has defended both Andrew Alex Kelly and Kennedy cousin Michael Skakel.

He is a television legal analyst of note having shot the pilot for Court TV and has appeared on almost any show you can think of when an expert on criminal law was needed.

Beside all of the above he is a hell of a nice guy taking the time to share his insight with an unknown blogger.

1)Has there ever been a time when Mickey Sherman the defense attorney was overshadowed by Mickey Sherman the man and you said I can’t defend this person?

Absolutely----but not for the reasons most people think. I don’t beg off defending someone if I think they are guilty or if I think they are horrible people. I take a pass on cases when the mere allegations are too upsetting to me for some reason. Specifically child molestation cases and stranger rapes are not my thing. Oddly, murders and robberies, etc present no problem. I also won’t defend someone when I get a vibration that I can never make them happy no matter what. I explain this in my book, “How Can You Defend Those People” where I also interview a lot of notable criminal defense lawyers about what cases they will NOT take as well and why.

2)Would you want Casey Anthony as a client?

Sure. Why not?

3)Without going into the validity of “Ugly Coping” do you think 12 people in a jury box will buy it?

You never know what a jury will do. So often they disregard the prosecutor AND the defense arguments and solve the case themselves, armed with their vast CSI experience from watching TV and reading books.

4)Using on the evidence that’s been publicly released at this point, how would you defend Casey?

I would make a deal. I think she is nuts but no jury will buy an insanity defense from her.

5)Do you foresee Obstruction of Justice charges against Casey’s parents and brother? If so how would you defend them?

No way. These people are all victims of this crime as well. They made the mistake very early on in thinking that the media was their ally. When the cameras turned on them, they imploded. I feel badly for them.

6)Beside the fact that she is innocent until proven guilty in a court of law what do you think the general public has missed about this case?

They have missed the point that the dumping of every tidbit of the states’ case into the media is just not the way the system ought to work. I would like to know WHY we are allowed to see and hear the conversations she has had in jail with her family. Would this happen if you or I were being prosecuted? It is just so wrong, regardless of her guilt or innocence.

7) The media attention this case has gotten has obviously hurt Casey’s defense. Is there ever a time it is good for the defense? Can you site a case of yours where media attention either helped or hurt your case? Have you ever used the media to sway the outcome of a case?

I have had cases where the media will be totally helpful on Wednesday and absolute poison on Thursday. One has to understand that the media is not your friend. (Except when you marry one of them like I did…..Lis Wiehl of Fox News) But my close friends in the media, to whom I am not married, will and have turned on me in an instant if it makes a good story or if they feel it is appropriate.

8)What is the most misunderstood thing about defense attorneys?

That we are human beings who do CARE about our clients AND the victims.

9)Do you think the legal definition of insanity should be broadened and if so how?

It doesn’t make a difference. The American public no longer believes in the Insanity Defense in the wake of the “Twinkie Defense “ case in San Francisco or the John Hinckley case. The public does not trust the medical professionals to keep some insane guy or woman in a hospital long enough to protect everyone. It is just easier to ignore the law about insanity and find the person guilty and lock him up. Jeffrey Dahmer was found “sane”. Nuff said?

10)How would you defend Melissa Huckaby based on currently known evidence?

In spite of my answer above, her only defense could be insanity.


11)It’s pretty clear Melissa Huckaby has severe mental problems how much of an obstacle will current laws be in defending her.
Mr. Sherman refers back to question 9.

12)Does a client facing the death penalty make it easier or harder for you as defense attorney? Is there ever a time it works in your favor?

If there is no offer of a plea bargain, it is an easier case in one way in that there are no difficult decisions to make in terms of taking a deal or going to trial. If they do offer life in prison or something else, then it is an extraordinarily difficult job since you have the person’s life in YOUR hands,

13) Will Nancy Grace ever allow you to answer a question?

She is actually a very good friend and is a very, very good person. I have known her since before she was on TV. I covered her cases in the early months of Court TV in 1990 when she was a prosecutor in Atlanta. She may appear to be rude or tough but then again, she invited people like me to be heard on her very wide platform.

14)Is there really an upsurge of female killers or is media coverage of such crimes just getting better?

I don’t believe there is any change in the demographics of murderers out there. We have just learned that their cases are infinitely more fascinating and they get much better TV ratings.

15)What is your opinion of the air sampling technique used by The Body Farm?

I think it stinks.

16)Have you ever wanted to give it all up and become a prosecutor?

I was a prosecutor for four years after having been a public defender out of law school for a year. Most career defense lawyers have the same history. We learn how to try cases as a prosecutor and then go into private practice to use those talents to make a living. I loved being a prosecutor, No pressure, You get to play God from 9 to 5 each day. A great myth is that the defense lawyers and prosecutors are natural enemies. This is far from the truth. We all work in the same factory and are generally very friendly to one another. We speak the same language. My wife, Lis Wiehl of Fox News, is a third generation Federal Prosecutor.

17) Do you think juries are too dependent on forensic evidence and does it surprise you Scott Peterson was convicted considering the utter lack of it?

The “CSI Effect” has changed the criminal trial process. Every juror watches these shows and they expect to see DNA, blood spatter testimony, Gunshot Residue and bug evidence in the trial of a guy charged with stealing a Kenny G CD.
Scott Petersen was different deal. The jury apparently hated him and loved his slain wife and child. His demeanor was perceived as arrogant and phony and he was going down no matter what. I was at that trial. I met his family and Lacie’s as well. They were all very nice people. It was a terrible tragedy.

Friday, May 1, 2009

It Just Takes One of You To Believe Me


I have had occasion recently to speak to a high profile defense attorney and someone very close to the Casey Anthony case. I asked both these people how they would defend Casey if she were their client. That got me thinking about how I would defend Casey Anthony If I had to.

Please keep in mind I am not a lawyer. I have never even played one on TV. I know just enough about legal matters to have absolutely no idea what I’m talking about.
I have made my feelings about this case quite clear in previous blogs. I simply found it an interesting experiment to see if I could stand by Casey’s side with a straight face for a little while.

The Opening Statement

The best you can hope for in an opening statement is to take every single piece of damming evidence the state has and assure the jury that you will provide reasonable answers that explain the true meaning of that evidence. The only thing you ask for in return is to please pay the same attention to those explanations that they did the media coverage. There is a story to be told here. Its story you haven’t heard yet, and it’s a story that you need to hear. I am convinced that once you hear it you will see fit to acquit Casey Anthony on the charge of murder not just in the first degree, but will agree there is no way she could have physically harmed her daughter.

Evidence Leading Up To Caylee’s Disappearance

The first thing the prosecution is going to do is present the computer searches on how to make chloroform, neck breaking, household items as weapons, est. The first thing is do not impinge the integrity of the computer forensic investigators. You have lost any argument you have the second you do that. There is a reasonable expiation for what the investigators found on Casey’s computer.

Will you the reader please open a new tab or page in your web browser and go to http://google.com. Please do a Google search for Hiren’s Boot CD 9.8. The first listing is for a site called http://www.hiren.info/pages/bootcd

Please pay attention to the BIOS / CMOS Tools.

What these tools do is allow you to crack and remove the password on someone’s computer if that password is at the boot level.

The next section I’d like you to look at is Password Tools. What these tools do is allow you to bypass a users Windows log in. Using this tool I could sit down to your computer and log into your Windows User account as you and your computer wouldn't know I wasn’t you.

Now please go to http://download.com and search for a program called Get/Set File Time/Datestamps

What this program does is change the creation date, time, and last access time and date of any file on your computer.

Using this program I could sit down at your computer and type your confession to shooting John F. Kennedy and create a file creation date of November 22, 1963. Your computer wouldn’t know it wasn’t true and if your computer ever fell into the hands of a forensic examiner they would have no choice but to say your computer shows you confessed to killing president Kennedy that day it happened.
These are tools any 9 year old that know how to web search can download.

How would anyone but Casey have access to her laptop? Casey was promiscuous and a drunk on top of it.
There were many occasions Casey was passed out at someones home and any one could have anything to her computer.

Who would do such a thing? The real killer. This person is smart enough to fool even some of the best computer forensic examiners in the country. The investigators were absolutely right about what was on Casey’s computer they were just wrong about how it got there.

Thirty One Days of Fun
The fact of the matter is Casey never wanted to have a baby. Yet she couldn’t kill her fetus, she wanted to place the baby up for adoption. It was her mother who micro managed every aspect of Casey’s life that forced her to keep Caylee. The fact of the matter is Casey was glad when Caylee was kidnapped. It allowed her to live the life having a child robbed her of. She was happy to have Caylee be someone else’s problem for a while. This makes her guilty of the worst kind of child neglect it does not any way make her guilty of murder. Remember Casey could have killed the child she didn’t want in the womb and no one would have been the wiser. When you see Casey partying during that thirty one days all you see is the Casey that was there before Caylee was born. That is the simple explanation.

No Forensic Evidence At The Dump Site

Anyone who has ever watched Forensic Files knows you go no place on the face of the earth without leaving something behind or taking something with you. Even more important is the fact that if you own a cell phone you have tracking a device on you at all times. Where are the cell phone records that show Casey spent any amount of time what so ever at that site. If the state had them we all would have known about it way before now. Every single shoe Casey owns did not show a soil match for that site.
The Autopsy

The medical examiner says Caylee died of homicide by undermined means. If you cannot determine the means by which someone died you can’t say it was homicide. There is absolutely no way to say Caylee didn’t choke to death on a cookie, or have an allergic reaction to a peanut. I spoke with the offices of 10 Medical Examiners across the country the day I wrote this and not one could give me a technical explanation of homicide by undermined means. It’s a buzz word and a catch phrase that doesn’t mean a thing.

The toxicology results show Caylee wasn’t drugged. The only test not performed was for chloroform because it is a normal component of decomposition and she would have shown a false positive. Is it just a coincidence that the agent the state claims was the murder weapon is the one thing they can’t test for?

The Smell In Car

It is impossible to deny that cadaver dogs hit on that car or thatsCaylee’s body was in the trunk. When Casey was too drunk to drive and parked at the Amscot Check cashing she was so inebriated she left her keys in an unlocked car. The state has not shown from the time Casey parked to the time it was towed that no one had access to that car. To say it was Casey who had the body in the trunk is impossible until you can prove that one else was in that car until it was towed and the state has not met its burden on that count.
Closing Statement

The fact of the matter is the Casey Anthony we all saw walk into jail was a spoiled, narcissistic, 22 year old alcoholic. I wonder if you know anyone that meets the exact same description. The Casey you see sitting before you today is older, wiser, sober, and through the type of reflection that can only come from great pain has learned quite a few life lessons. I would ask you to focus on that Casey now. Did anything I said here make you think twice about this case? Is it clear that the state has not met its burden of proof in charging Casey with first degree murder?

When deciding her guilt ,for any of the evidence to make sense, it all has to make sense and there is just too much of the state’s case that does not make sense.

If we as a society are going to pass judgment on Casey Anthony let’s do it in separate trial for child neglect. Let’s not convict her for something the best legal minds the state of Florida has to offer could not prove she did.

It was an interesting experiment for me. Did you buy any of this? If you did there is a guy in Orlando who wants you on his jury.