Can Casey Anthony get a fair trial?

Casey and Caylee Anthony (Family Photo)

Produced by Ira Sutow, Jonathan Leach and Gail Zimmerman

ORLANDO, Fla. - It has been two-and-a-half years since Casey Anthony was first arrested and charged with murdering her 2-year-old daughter, Caylee, in a criminal case that has become a public obsession.

"The evidence is overwhelming," Florida Attorney General Pam Bondi says. "No one else in the world could've done this except Casey Anthony."

"People hate her!" Casey's father, George Anthony, told "48 Hours" in 2009.

"She's been portrayed as an evil person," added Cindy Anthony.

Casey was a 22-year-old single mother. She and her daughter lived with Casey's parents, George and Cindy, in their Orlando home.

"Casey was a good mom," Cindy said. "Casey put her daughter first."

The little girl was described by most everyone around her as incredibly cute, happy and outgoing.

"She was just a beautiful child," said Cindy.

But Caylee disappeared that summer after Casey took her daughter and left her parents' home. Even more startling, is that Casey waited an entire month before revealing to her family and authorities that her child was missing - a fact that sent the local media into overdrive.

Video: Investigators talk with Casey

"It's very unfair of the media to go and harass people and that's...exactly what the media has done," said Cindy.

Confronted by a constant barrage of questions from reporters outside her home, Cindy finally lashed out:

"I've asked you guys to respect my privacy," she yells. "All of you leeches, all of you parasites, all of you maggots out here. OK? That's true. Because that's exactly what you guys are. All of you guys."

Fueling the flames, Casey claimed her nanny, a woman no one could find - much less even prove existed, had kidnapped the child.

Meanwhile, thousands of volunteers helped in a massive search for Caylee, but were hampered by flooding caused by bad weather.

"I pray every night that when I wake up in the next morning, that it would be just a nightmare," Cindy said. "And Caylee would come in the morning and wake me up. But you know - that prayer can't be answered."

That's because six months after Caylee disappeared in December 2008, her skeletal remains were discovered in a wooded area not far from her grandparents' home. Authorities say duct tape had been wrapped around her skull and her body had been stuffed into two garbage bags.

Photos: Missing Caylee

Her exact cause of death was unknown.

Throughout it all, though, Casey's parents have stood by her - even when they became targets of the community themselves for protecting their daughter, who many believe is a killer.

"People would be shouting obscenities...screaming at us... It was just unbelievable," George said. "I think it's almost like a hangman's type mentality for some of these people."

"There's no proof that Casey had anything to do with it," added Cindy.

It's an opinion strongly shared by Casey's two lead defense attorneys. Jose Baez and Cheney Mason have given "48 Hours" an inside look at the defense as they prepare for her upcoming trial.

"It's an unprovable case because it's not true," says Jose Baez.

If Casey Anthony is convicted, she could face the death penalty.

"This is not a death penalty case, in my opinion. And I've been trying murder cases for 40 years," Cheney Mason says. "There is no...evidence linking her with the death of this child. Period."

Asked if Casey can get a fair trial, Baez tells "48 Hours Mystery" correspondent Troy Roberts, "I don't know."

Baez's concern is finding jurors who he feels haven't been swayed by the constant reports of seemingly solid evidence against Casey Anthony - media coverage that has been going nonstop for nearly three years.

"It's very challenging to find people who can be fair and impartial because of the attention that this case has gotten," he explains.

So defense attorneys brought in Richard Gabriel - who is by reputation - one of the best trial consultants in the country, to help them try to pick a favorable jury.

"This is the most high-profile case in America," Gabriel tells Roberts. "The media pressure on this has been almost entirely negative... with 80 to 90 percent ... believing that she's guilty already."

Jose Baez tried to get the trial moved out of Orlando, but the judge refused. Instead, when the trial begins on May 9, the lawyers will all travel to another Florida location, chosen by the Court - but as yet undisclosed - to pick the jury there.

"...then those selected jurors will be brought to Orlando and they will be sequestered in a hotel there. ...isolated for the entire period of the trial," explains Mason.

The trial is expected to last at least two months. "48 Hours" commissioned a focus group in Orlando made up of 12 adults, the same number as on a jury, to see if people there have already made up their minds about this case.

"48 Hours" asked the defense's consultant, Richard Gabriel, to conduct the focus group.

"Here is a representative group of what we normally see in an Orlando jury," Gabriel explains of the group.

"I'm gonna say two words to you: Casey Anthony," Gabriel says, addressing the participants.

Their responses:

"She's already been on trial."

"She's been on trial?"

"Been on trial for two years."

"She's basically been tried by the media..."

"She's been tried by the media, all we need is to bring 12 people in to give the stamp of approval, guilty, let's do it, OK," says Gabriel.

"Unfortunately, that's it. Everybody's already formed their opinion, and for the most part, it's guilty!"

It hasn't helped the defense that their client - from jail - has been openly defiant.

"I don't care about the media. I don't care about what people have been saying about me. That doesn't matter. Because I know it's not true," said Casey Anthony.

"Do you think it's possible that she'll be able to get a fair trial in Orlando?" Roberts asks the focus group.

Almost unanimously, the group responds:

"No."

"Probably not."

"It'd be extremely difficult."

"Clearly what most people think they know about the Casey Anthony case is probably incorrect," says Baez.

"[It's the] biggest case with the least evidence that I've seen ever. Anywhere," adds Mason.

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[sweeper2010]

Can Casey Anthony get a fair trial? Yes, of course. I doubt that Caylee Anthony will get a fair trial. Casey's mother and brother are circling the wagons now and they will somehow have to get George Anthony to go along with all the lies and the charade. Just think of what Mr. Anthony will have to admit to and be subjected to in order to go along with what Cindy and Lee are cooking up to get Casey "off." By the time it's over, Casey will have played all of them, including her lawyers. In order for George Anthony to tell the truth, the real truth and nothing but the truth, he risks being abandoned and cut off from what family he has left and he will also be exposing the perjury of his wife and son.

[jacwst]

To Frenchbutterfly and all others with similar opinions, based not on fact or evidence -- but what I can only assume must be what you have read in the media and your expression of said opinion in a manner (that I PERCEIVE) to be full of a damning tone of moral outrage and indignation. These types of "fry the *****" sort of comments really come across in fact as ignorant, self-serving and ultimately very false in feelings of real concern. The comments seem to be nothing more then a "mob-mentality" based way of thinking. America is the greatest country in the world and one of the reasons is that our justice system GUARANTEES an individual accused of a crime CAN NOT BE CONVICTED UNLESS THEY ARE PROVEN GUILTY BEYOND A REASONABLE DOUBT! Ms. Butterfly you convicted Ms. Anthony before she even had a trial!!!!
I am not defending Casey Anthony per se, I am defending our justice system! And as far as I can tell by the majority of these comments -- Ms. Anthony has been convicted according to media and internet report and rumors. I hope you will read the letter I am posting below, that I sent to CNN/HLN in response to their grossly unfair,biased and slanted reporting on this case.
Thank you for your time and attention and I truly hope your consideration of the FACTS I point out in the below letter.

June 22, 2011

RE: The State of Florida V. Casey Marie Anthony

As United States Citizens, we are writing to express our absolute disbelief and disgust with your one-sided, overly-emotional,"mob-mentality," coverage of this trial.

We do not know if Casey Anthony is guilty or not guilty of the tragic death of her young daughter Caylee Marie Anthony.

However -- that is one of the reasons why the United States of America is the greatest country in the world. Our Nation's justice system guarantee's her citizen's that it MUST BE PROVED BEYOND A REASONABLE DOUBT that someone accused of a crime, actually committed that crime, before they are judged guilty.

However, it would seem that you and your team of "experts" have already chosen to side with the Prosecution's position that Ms. Anthony is guilty.

As parents of young children, as well as rationale human beings, it is hard for both of us not to be offended on a human level -- by Ms. Anthony's pathological lying.

However, you and your team of "talking-heads" are supposed to be reporters. Reporters - by definition are supposed to be just that -- reporters of facts - NOT givers of opinion, hyperbole, expresser's of moral outrage, or demonizers.

Your "reporting," has been an atrocity. You had already convicted Ms. Anthony by the 7th day of the trial -- WITHOUT hearing the prosecution's entire case OR hearing any of the defense.

Every point that you can use -- whether factual or not to "bolster" the prosecution, you twist and repeat ad nauseam, while doing the same thing to represent Ms. Anthony and/or her defense team in a negative light.

Each of the above addressed reporters, most notably Nancy Grace, when covering this trial have cut the footage to actually misrepresent what happened that day at trial or twist what a witness, lawyer or even what Judge Belvin Perry said.

Lastly, I have noticed that any expert who has disagreed with the general panel -- such as the forensic scientist from John Jay Criminal College, who did not agree that Dr. Vass' air science was compelling or validated enough to be heard in a court of law, is NEVER invited back. The one regular member of your team who does seem to be trying to give the viewers a fair and balanced picture of these legal proceedings and the law in general, Ms. Sunny Hustin, has had her screen time reduced daily (to today where she is not even on...)

We both began watching the case with gut feelings, based upon media reports that Ms. Anthony was guilty.

However your verbal lynching of Ms. Anthony; under the guise of reporting; has only served to make us both sit up and really take notice in order to watch every bit of coverage ourselves so we could form our own opinion's and -- and that is so far -- that while the trial is not done -- that Mr. Baez has indeed introduced enough reasonable doubt that the state had NOT proved a Murder One Capital Punishment case.

In fact, to quote Ms. Hustin, all they have really proved about Casey Anthony is that she is a liar with a stinky car.

Sir -- I hope this letter will lead you to re-examine how you are handling if not this case -- any further cases you may cover.

It is this type of "mob-mentality" that has always led to horrific example's in history of injustice's: from the Salem witch-trial's, to German citizen's blindly following Hitlers hunts against the "Jew,"s to the blacklisting of many people for supposed communists affiliation in the 1950's.

We are both very thankful that the jury is indeed sequestered and does not have access to your programming.

[jaarmstr]

There are so many grammar and punctuation errors in that letter you sent to CBS; do you think they actually took it seriously? I would not have. I hope that wasn't the exact letter you sent. You bring up some very good points, but look like a fool with all those mistakes. Try having someone proofread for you next time you send a complaint letter to a bunch of journalists and writers. Perhaps then, the receiver will take it seriously instead of simply seeing it for what it is; the rant of an ignoramus.

[scatpep]

I'm thinking she's guilty...but why the hell go to those extremes? her family would have looked after the child surely............

[frenchbutterFLY]

Every time I look at Casey and what she say's I realize just what a con artist this chick truly is. Look at her she is not the dirty type. There is no way this chick would keep some dirty stinky trash in her trunk. Paaleezz. This girl was carrying Caylee's little dead body around. wow. What a beautiful baby Caylee was. I can't begin to imagine how afraid she was of Casey When she was doing hurtful things to this child, and how she was trying to fight for her last breath all at the same time, not understanding why her own mother who is supposed to love her and protect her why she's now hurting her and doing these awful hurtful things to her...I can't imagine the FEAR this baby was feeling. Casey had been planning this death for awhile, she started doing her research on the computer, then she eventually killed this baby. She knew that baby meant the world to her parents and she clearly wanted to get back at them by doing this awful crime. If this chick wanted to go out partying, her parents would have kept this baby no questions asked. So she was Jealous of this baby to do this and full of evil. she has had no remorse at all. The TEARS are only for show, only because she is behind bars now. She is a HEARTLESS COLD BLOODED MURDERER. All the pictures of her and Caylee makes me so sick, til I feel like it's just to deter everyone from what really happened to this little girl, and that CASEY is the BLAME. My heart really goes out to the parents they had no idea about what this monster of a daughter did to CAYLEE, and are still in denial... It is a hard pill to SWALLOW anyway you look at it, but it doesn't take a degree to figure this case out and to know who is the blame CASEY did this and should be held accountable, She clearly thinks she is so much smarter than everyone else. When a person has nothing to hide they do not LIE. This girl has told lie, after lie. you know why??? because she is GUILTY. I pray that she is brought to JUSTICE.

[jacwst]

To Frenchbutterfly and all others with similar opinions, based not on fact or evidence -- but what I can only assume must be what you have read in the media and your expression of said opinion in a manner (that I PERCEIVE) to be full of a damning tone of moral outrage and indignation. These types of "fry the *****" sort of comments really come across in fact as ignorant, self-serving and ultimately very false in feelings of real concern. The comments seem to be nothing more then a "mob-mentality" based way of thinking. America is the greatest country in the world and one of the reasons is that our justice system GUARANTEES an individual accused of a crime CAN NOT BE CONVICTED UNLESS THEY ARE PROVEN GUILTY BEYOND A REASONABLE DOUBT! Ms. Butterfly you convicted Ms. Anthony before she even had a trial!!!!
I am not defending Casey Anthony per se, I am defending our justice system! And as far as I can tell by the majority of these comments -- Ms. Anthony has been convicted according to media and internet report and rumors. I hope you will read the letter I am posting below, that I sent to CNN/HLN in response to their grossly unfair,biased and slanted reporting on this case.
Thank you for your time and attention and I truly hope your consideration of the FACTS I point out in the below letter.

June 22, 2011

RE: The State of Florida V. Casey Marie Anthony

As United States Citizens, we are writing to express our absolute disbelief and disgust with your one-sided, overly-emotional,"mob-mentality," coverage of this trial.

We do not know if Casey Anthony is guilty or not guilty of the tragic death of her young daughter Caylee Marie Anthony.

However -- that is one of the reasons why the United States of America is the greatest country in the world. Our Nation's justice system guarantee's her citizen's that it MUST BE PROVED BEYOND A REASONABLE DOUBT that someone accused of a crime, actually committed that crime, before they are judged guilty.

However, it would seem that you and your team of "experts" have already chosen to side with the Prosecution's position that Ms. Anthony is guilty.

As parents of young children, as well as rationale human beings, it is hard for both of us not to be offended on a human level -- by Ms. Anthony's pathological lying.

However, you and your team of "talking-heads" are supposed to be reporters. Reporters - by definition are supposed to be just that -- reporters of facts - NOT givers of opinion, hyperbole, expresser's of moral outrage, or demonizers.

Your "reporting," has been an atrocity. You had already convicted Ms. Anthony by the 7th day of the trial -- WITHOUT hearing the prosecution's entire case OR hearing any of the defense.

Every point that you can use -- whether factual or not to "bolster" the prosecution, you twist and repeat ad nauseam, while doing the same thing to represent Ms. Anthony and/or her defense team in a negative light.

Each of the above addressed reporters, most notably Nancy Grace, when covering this trial have cut the footage to actually misrepresent what happened that day at trial or twist what a witness, lawyer or even what Judge Belvin Perry said.

Lastly, I have noticed that any expert who has disagreed with the general panel -- such as the forensic scientist from John Jay Criminal College, who did not agree that Dr. Vass' air science was compelling or validated enough to be heard in a court of law, is NEVER invited back. The one regular member of your team who does seem to be trying to give the viewers a fair and balanced picture of these legal proceedings and the law in general, Ms. Sunny Hustin, has had her screen time reduced daily (to today where she is not even on...)

We both began watching the case with gut feelings, based upon media reports that Ms. Anthony was guilty.

However your verbal lynching of Ms. Anthony; under the guise of reporting; has only served to make us both sit up and really take notice in order to watch every bit of coverage ourselves so we could form our own opinion's and -- and that is so far -- that while the trial is not done -- that Mr. Baez has indeed introduced enough reasonable doubt that the state had NOT proved a Murder One Capital Punishment case.

In fact, to quote Ms. Hustin, all they have really proved about Casey Anthony is that she is a liar with a stinky car.

Sir -- I hope this letter will lead you to re-examine how you are handling if not this case -- any further cases you may cover.

It is this type of "mob-mentality" that has always led to horrific example's in history of injustice's: from the Salem witch-trial's, to German citizen's blindly following Hitlers hunts against the "Jew,"s to the blacklisting of many people for supposed communists affiliation in the 1950's.

We are both very thankful that the jury is indeed sequestered and does not have access to your programming.

[Retta in Las Vegas]

Every time the evidence is over whelmimg on these horrific crimes, we have to hear people's concerns that the accused my not be able to get a fair trial. If they feel they did not they appeal(most do).
It's time to put them to death if they are proven guilty of 1st degree murder. No 8-9 yrs. of appeals. We can't afford to house them, and if we could, who wants them kept anyway?

[bobertbobert]

Ignoring the absence of her child for that long? GUILTY,GUILTY,GUILTY!

[myoleman]

If Pam Bondi seems to think that she is guilty, as it appears to me, then there's a very good probability that she is guilty of first degree murder. Bondi, as State Attorney at the time of the crime, got really close to the evidence. Besides, how could Casey be partying so hard after the dissapearance of her daughter, even if she didn't kill her herself? Her defense rests on the lack of sufficient direct evidence against her, and that's what her lawyers are playing on. Not that she is innocent, but that there's not enough evidence for a first degree verdict.

[ReVeLaTeD]

This decidedly non-ethnic female has articles asking "can she get a fair trial?" "there's no way that she did this...?" "this is just unbelievable", and "they're vilifying her!!!" when there are 100% crystal clear factors contributing to the likelihood that she killed her daughter, likely because she just didn't want to be a mother anymore (which happens a LOT). No direct evidence, but LOTS of circumstance, coincidences and lies.

Yet, people fought to find every scrap of proof that OJ killed Nicole and Ron even though there was no direct evidence to be had. Only circumstance and lies.

People have been clamoring about Scott Peterson having killed Laci - doing everything in their power to convict the man, despite NO direct evidence that he did it. Again, circumstance and lies.

Same situation as with Casey. But since she's female, she gets articles like this questioning the situation.

This world is a funny one.

[guyfrompa46]

Having kids myself it is unbelievable how someone could do that to another human being nevermionde their own child. I hope she has to think about it every minute of everyday until they give her the injection that she deserves.

[myoleman]

It's very unlikely she'll get first degree conviction. Lesser charges, maybe. God will judge her!

[guyfrompa46]

Give her a fair trial then Fry her A**.

[tsigili]

Yes.....the fact the evidence is overwhelmingly against her, is no reason to think it isn't a fair trial.

After all, when people do things that are obvious, it should not be considered unfair to prosecute them for it.

The shooter at Ft. Hood, declared he was "not guilty" also, in spite of dozens of witnesses.

I rest my case.