Statement Analysis is in bold type. Note the consistency of deceptive language employed throughout the Opening Statement by Casey Anthony defense attorney, Jose Baez. The fabrication is of his own doing, after 3 years of testing various theories in the press. He has reached the point of celebrity, even through infamy, yet when he speaks, analysis shows his deception. Rather than a defense strategy that remained silent and sought to force the State to prove its case beyond a reasonable doubt, he has adopted, according to Bill Shaeffer, a "win at all costs" strategy of deception.
Here we learn that either Casey Anthony takes the stand, or no witness can tell the "story" that he proposes and will be left to tell the story during his closing argument, having not produced any witnesses.
Here, the reader will also encounter a truthful statement by Jose Baez.
03:59:13 The death of a child is a horrible, horrible tragedy.
Note that "horrible" is sensitive as shown by repetition. The State has alleged that the child died from duct tape over her mouth and over her nose, which would be a "horrible" death.
03:59:15 And no one here is ever going to say otherwise.
Note the inclusion of an additional word: "ever"
The Prosecution is going to say otherwise. They did not call this a horrible tragedy; they called it a homicide.
03:59:18 But we have to remain focused.
"but" is often used to rebut that which has just preceded. Baez often appears to confuse language but is actually practicing deception; slight changes of direction in where he is going. There does not appear any need or sense for the word "but" at this place. What does he refute? Something was in his mind when he employed "but":
03:59:21 We're not the media.
The media dug and dug and dug and asked question after question and got to the truth of what happened 3 years ago. Baez does not want the jury to get to the truth as did media, therefore the sensitive (negative) "we're not" the media; we being he, Casey and the jury. This is an indication that he does not plan to operate like the media who scrutinized this case:
03:59:23 We don't have the opportunity to speculate and to draw in viewers and to sensationalize life.
That which comes in the negative is sensitive; but as he repeats it, it becomes a signal of deception.
Speculate, draw in and sensationalize:
It is likely that this is Baez' projection of his strategy: to speculate, that is, to get the jury to consider something else entirely than what happened; to draw them in with emotionalism, and to sensationalize the life of the Anthonys with a sensationalistic fabrication of sexual abuse.
03:59:33 And that's what we're going to talk about throughout this trial, is life.
Note that "we're going to talk about" rather than the jury will hear witnesses.
03:59:37 Some of the happy things, but many of the ugly things that come along with life.
The happy things and the ugly things are all part of the "stories" he promised the jury to hear, rather than hear evidence about anything. It is story telling and not defense against malicious prosecution; it is story telling rather than ensuring Casey Anthony receives a fair trial. This is an offensive tactic (and strategy) that leaves Baez in the position of having only one witness called to tell this "story":
Casey Anthony.
The language used (see part one) shows that Jose Baez is not repeating a story by Casey Anthony. To repeat a lie does not make one a liar. The language shows that he, Baez, was deceptive: this is his story. He is the only one to tell it.
If he cannot use Casey Anthony on the stand, the jury will view him as a liar, and he will be forced to tell the story, not through witnesses nor through evidence; but will "tell the story" only in his closing argument.
If Casey Anthony does not take the stand, only Baez will be left to tell this lie.
03:59:42 And that's what this case is going to be about.
03:59:48 Afterwards, I want to talk about the forensics.
Note that after the story, he wants to talk about forensics. Note the order of his plans.
If Caylee died of drowning on June 16th, why the need to rebut the State's forensics? As to this writing, commentators have said that Baez should not have challenged the forensics as he could have used it to tell his own story. Instead, he has sought to discredit it without cause.
03:59:54 Exactly what reliable forensics you can rely on and what isn't necessarily science, but more like science fiction.
04:00:06 And you'll see that throughout the course of this trial, as the state reaches that level of desperation.
While attempting to ridicule the State's case, he uses two words, "fiction" and "desperation"
04:00:15 And then I want to conclude with my parting remarks and tell you where I think, at the very end of this trial, we will end up at.
04:00:33 Now, everyone wants to know what happened.
04:00:36 How in the world can a mother wait 30 days before ever reporting her child missing?
04:00:44 That's insane.
04:00:45 That's bizarre.
Note that it is "insane" and it is "bizarre"; two words we are likely to hear again, at the penalty phase.
04:00:46 Something's just not right about that.
Note that which is "insane" and "bizarre" is now reduced to "something just not right" and then he uses the word "that" to distance himself from the behavior of the 31 days. He does not own it, nor can he be close to it, as one is comfortable with truth.
04:00:50 Well, the answer is actually relatively simple.
As noted in part one, a highly deceptive person (one who uses deception often) will have an overabundance of the word "actually" in his or her language (see analysis on Casey Anthony as well as analysis on Jose Baez' opening statement and note how often they use this word).
Question: Why does "actually" slip into the language of a highly deceptive person?
Answer: The word "actually" is used to describe two or more things.
"Did you go to the party?" is answered with "No, I actually went to the movies", where the word "actually" compares "party" with "movie".
The deceptive person uses the word "actually" in abundance because they are used to lying and they are comparing the truth with their own fabrication. (see Casey Anthony's physical description of Zanny the Nanny")
Note that Baez says "actually relatively simple" The answer is "simple" isn't what Baez said: the answer is "actually simple" would show a comparison but he says "actually relatively simple" compounding sensitivity.
He is lying. It is anything but simple.
04:00:54 She never was missing.
04:00:57 Caylee Anthony died June 16th, 2008, when she drowned in her family's swimming pool.
Note the absence of sensitivity indicators in this sentence.
Jose Baez does not use any deception in this sentence because it is truthful. He knows the exact date when Caylee Anthony died.
Like Casey Anthony, such a straight forward sentence is rare and when it is spoken, it should be highlighted as different than the norm.
Jose Baez told the truth. He knows the exact date of death. He lied about the manner of death, but not about the date.
04:01:03 You're going to hear that caylee loved to swim and caylee could get out of the house very easily and did so on that day.
Now note the return of sensitivity indicators
04:01:15 We hear about it every day, or once a week or once every other week.
Note that this does not come from experiential memory, so he does not have a steady track: every day is changed to every 14 days.
04:01:20 We hear of a story on the news.
Note that it is "a" story on the news; not stories every day
04:01:23 We'll see a little blurp on the newspaper about some poor child who accidentally drowned in the family's swimming pool.
Note that he went from every day to a "little blurb"
04:01:31 The reason we're all here is because not of a commonality of this tragedy -- no, that's far too -- unfortunately, it's far too common.
Note the additional language and the continued change of reasons why they are assembled together. The jury has likely lost count of the varied reasons why they were there; anything but a murder trial.
04:01:41 In fact, in the state of florida, it is the number one way that children die, is drowning in swimming pools.
04:01:48 But what makes this case different, what makes it unique, what makes the reason we're all standing here today is because not of the commonality, but of the uniqueness of the family that it happened to.
Note that "standing" uses body posture, which signals an increase of tension. Note that he says "we're" all standing" when everyone was seated; only Baez was standing.
04:02:06 You will hear stories about a family that is incredibly dysfunctional.
04:02:13 You will hear about ugly things, secret things, things that people don't speak about, things that casey never spoke about.
Note that "things" is sensitive; repeated four times. The reader/analyst should be on alert that "things" is deceptive. We know that "things" is sexual abuse. Baez lies about the specifics of sexual abuse and then, as is his habit, he goes too far with addition details which allows the audience to discern the lie:
"Casey never spoke about"
If Casey never spoke about, who can testify to sexual molestation?
Only Casey; yet, did she not tell Jesse Grund? Did she not tell another inmate?
04:02:31 Come with me to 4937 hope spring drive.
The language used signals that he is story-telling
04:02:36 You can see it looks like the all-american home.
04:02:39 In fact, you can drive by any home in the united states and never know what goes on behind closed doors.
04:02:46 You never know what secrets lie within.
04:02:51 You never know what's going on.
04:03:06 ON JUNE 16th, 2008, after Caylee died, casey did what she's been doing all her life, or for most of it -- hiding her pain.
This may be something we hear again in the penalty phase where we hear, somehow, that Caylee, the victim, was a source of "hidden pain" for Casey.
"I am a victim" Casey said.
04:03:18 Going into that dark corner and pretending that she does not live in the situation that she's living in.
Casey was living with her boyfriend at the time of the murder, and then went on to a celebration month where she was living the "good life" (tattoo), drinking, dancing, partying, sleeping etc
04:03:28 She went back to that deep, dark, ugly place called denial to pretend as if nothing was wrong.
04:03:36 And you'll see, as the evidence comes in, that that is the most likely conclusion of the evidence.
04:03:46 That something's not right here.
04:03:47 Something's not right with this girl.
The jury will conclude that Casey and "deep, dark, ugly" are associated, based upon the evidence. Baez acknowledges this, though he wants to change the linguistics, but the language tells the truth. They will see this as ugly, dark, and that Casey goes deep into the darkness of evil, a sociopath as her mother said, who killed her daughter and lied about it; having now a lawyer who holds the same contempt for the world, and lies for her.
Next: Part 3
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