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Nancy Grace
Casey Anthony Jury Selection Begins
Aired May 09, 2011 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
NANCY GRACE, HOST: Breaking news tonight in the search for a 2-year- old Florida girl, Caylee. Six months of searching culminate when skeletal remains found in a heavily wooded area just 15 houses from the Anthony home confirmed to be Caylee. A utility meter reader stumbles on a tiny human skeleton, including a skull covered in light-colored hair, the killer duct taping and placing a heart-shaped sticker directly over the mouth, then triple bagging, little Caylee like she`s trash!
Bombshell tonight. The murder trial of tot mom, Casey Anthony, begins. The secret location revealed after tot mom transported from her private jail cell in Orlando 100 miles west to Pinellas County, Clearwater. In the last hours, even though she`s made dozens of court appearances, tot mom turns on the waterworks in front of a jury panel, this after last- minute rulings air samples from tot mom`s trunk -- the trunk that reeks of a dead body -- will come in evidence.
We learn tot mom rejects a jailhouse Mother`s Day visit from her own mother on the eve of trial. Cindy Anthony traveled to the jail to see tot mom, her only daughter, only to be sent away, rejected, turned away by tot mom. Tot mom did, however, take the $200 Cindy Anthony leaves at the jail. And after tot mom`s bid to kick her own parents out of the courtroom, the judge says they can stay. But today, George and Cindy Anthony no-shows in court.
As tot mom sits in court dressed like a prim and proper librarian, her defense team tries every trick in the book to stop the trial. But today, as tot mom breaks down in tears, finally reality hits, the consequences of murder.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Florida versus Casey Anthony.
UNIDENTIFIED MALE: First degree murder.
CASEY ANTHONY, CAYLEE`S MOTHER: My daughter has been missing for the last 31 days.
UNIDENTIFIED MALE: Aggravated child abuse.
UNIDENTIFIED FEMALE: Casey, did you kill Caylee?
CASEY ANTHONY: Calling you guys? A waste. Pure waste.
UNIDENTIFIED MALE: Aggravated manslaughter.
CASEY ANTHONY: They`re blaming me for something I never would do.
CINDY ANTHONY: It smells like there`s been a dead body in the damn car!
UNIDENTIFIED MALE: Unlawfully killed Caylee Marie Anthony.
GEORGE ANTHONY, CASEY`S FATHER: How dare you say that about my granddaughter?
CASEY ANTHONY: Can someone let me -- come on!
CINDY ANTHONY: Casey, hold on, sweetheart. Settle down, baby.
CASEY ANTHONY: Nobody`s letting me speak.
(END VIDEO CLIP)
GRACE: Good evening. I`m Nancy Grace. Thank you for being with us. Bombshell tonight. The murder of tot mom, Casey Anthony, begins. The secret location revealed after tot mom taken from her private jail cell 100 miles west to Pinellas County. In the last hours, even though she`s made dozens of court appearances, tot mom turns on the waterworks in front of that jury panel.
(BEGIN VIDEO CLIP)
CASEY ANTHONY: (INAUDIBLE) sitting in, oh, the jail?
UNIDENTIFIED FEMALE: Jury selection is under way.
CASEY ANTHONY: I got arrested on a (EXPLETIVE DELETED) whim today.
CINDY ANTHONY: We`re talking about a 3-year-old little girl! I need to find her!
UNIDENTIFIED MALE: Knowingly and willfully caused great bodily harm.
CINDY ANTHONY: She`s not a murderer.
UNIDENTIFIED MALE: I just found a human skull.
UNIDENTIFIED MALE: Seeking the death penalty against Casey Marie Anthony.
CASEY ANTHONY: Please stop it! Do you understand how I feel? Do you understand? Everybody wants me to have answers.
CINDY ANTHONY: There was a bag of pizza for what, 12 days, in the back of the car, full of maggots.
GEORGE ANTHONY: Once you smell that smell, you just -- you never get over it.
UNIDENTIFIED MALE: We found a human skull.
CASEY ANTHONY: I`m not sitting here (EXPLETIVE DELETED) crying every two seconds because I have to stay composed!
CINDY ANTHONY: You`re not telling me where she`s at.
CASEY ANTHONY: Because I don`t (EXPLETIVE DELETED) know where she`s at! Are you kidding me?
GEORGE ANTHONY: My daughter lives on the edge. You know that from all the -- the lies, all these contradictions. And like, my daughter takes things as far as she can take them, and then she piles on some other stuff.
(END VIDEO CLIP)
GRACE: We`re going straight down to the courthouse, Clearwater, Florida. Standing by, Jean Casarez. Jean, what happened?
JEAN CASAREZ, "IN SESSION": Well, Nancy, the secret is out. We are here in Clearwater, Florida, for the jury selection. The day began with the defense asking for a motion for continuance. Denied. Then they asked for a motion to strike the jury panel. Denied. And then jurors went into individual questioning about hardships. And Nancy, at the end of the day, more than 50 percent of the jurors were excused because of the hardships of serving on this trial that will last four to six weeks.
GRACE: OK. To Drew Petrimoulx, also joining us there at the courthouse. The trial, the murder one trial of tot mom, Casey Anthony, begins today with jury selection. As you know by now, the case has been moved about 100 miles away from Orlando, Florida, where this case originated, there the home of little Caylee Anthony. She was living with her family, her grandparents and her mother. Her mother now on trial for murder one.
To Drew Petrimoulx with WDBO, also in court today. Explain to me tot mom`s demeanor in front of this jury panel.
DREW PETRIMOULX, WDBO: Well, she did get emotional at one point. I mean, she started crying. She was wiping away tears. This is when Judge Belvin Perry was explaining the charges that she faces, explaining that she could face the death penalty, that prosecutors are seeking the death penalty in this case. She broke down in tears. She started crying.
Prosecutors actually spoke to the judge about her outburst of emotion, and the judge warned potential jurors not take her emotional outbursts into consideration if they become jurors in this case.
GRACE: Now, hold on. Drew Petrimoulx, I`m assuming that you`re guessing that`s what the state complained about. Let me describe the scenario. Isn`t it true that the prosecution and then defense joined the judge at the bench. They spoke to the judge with their backs to everyone. We don`t know what they were saying. But when they came back down from the judge`s bench, the judge told the jury panel that they are to ignore any emotional outburst in the courtroom. Is that what happened?
PETRIMOULX: That`s exactly what happened.
GRACE: Now tell me, Jean Casarez, at what point did tot mom turn on the waterworks?
CASAREZ: Very interesting. When the judge read the indictment of all the charges and what prosecutors believe she did to Caylee, that`s when she started to cry.
GRACE: We are taking your calls. Out to Sarah in Pennsylvania. Hi, Sarah.
UNIDENTIFIED FEMALE: Hi, Nancy. Love to you and your family.
GRACE: Thank you.
UNIDENTIFIED FEMALE: I`ve had a question a long time. Do defense attorneys, like Jose Baez -- do they actually ask their client, Did you do this? You know, tell me the truth? Or do they just go in and say, You know what? We`re going to do this and this and we`re going to try and get you off?
GRACE: You know what`s interesting, Sarah in Pennsylvania? I`ve had different defense attorneys tell me different things because some of them say, Well, once I know they absolutely did it, I just can`t stand up in the jury and pretend they didn`t do it. So they never ask. Even though they suspect, they never ask.
Unleash the lawyers. Joining us tonight, Tommy Pope, former prosecutor in the Susan Smith case, joining us out of Charlotte, North Carolina, Daniel Horowitz, famed attorney out of San Francisco, and Mark Nejame, the former attorney for George and Cindy Anthony, also a veteran defense attorney.
To you, Tommy Pope. What about it?
TOMMY POPE, PROSECUTOR IN SUSAN SMITH CASE: As far as the issue of whether or not they ask their client? Is that...
GRACE: Yes. Yes.
POPE: That`s your question? My answer was the same as yours would have been. I`ve had them tell it both ways, you know, because sometimes after the case, you look and say, Man, you know they told you, and they said, you know, I never asked. You know, I wanted to go forward and...
GRACE: What about it, Horowitz?
(CROSSTALK)
DANIEL HOROWITZ, DEFENSE ATTORNEY: I always ask my clients -- I ask my clients the facts of the case. They have to answer every question I ask. So I always know whether they`re guilty or what they`re guilty of. Usually, they`re overcharged and they`re guilty of a lesser offense, not the...
GRACE: Oh, so...
(CROSSTALK)
GRACE: ... you believe your client over what the police say, and you determine that they`re over charged. OK, that`s good to know, how you...
HOROWITZ: Right. That`s right, Nancy.
GRACE: ... sort that out.
HOROWITZ: I get to know the facts, don`t I.
GRACE: What about it, Nejame?
MARK NEJAME, DEFENSE ATTORNEY: Yes, I like to know everything. If I`m going to play a game of cards, I like to know what I`m holding and I want to know how to play those cards.
GRACE: OK, Mark, you`re the expert, joining us from Orlando. You`ve tried cases all around the Orlando area. What do you make of moving the jury, the jury selection, to this area? This is how it`s going to roll out, everybody. They`re going to pick a jury of about 12 jurors and 8 alternates. They`re going to bus them from Clearwater, Pinellas County, back to Orange County, Orlando.
Now, Mark Nejame, as I mentioned earlier this morning, Pinellas County has been called "God`s waiting room." You`ve got a much older population, a lot of retirees there, people that can sit on a trial and not miss work for two months. That`s OK with them. And along with, hand in hand with, an older jury, you got a more conservative jury. What about it, Mark Nejame?
NEJAME: Well, you know, I`m not as concerned about the place, the venue where they`re picking a jury as a lot of people are. The reality of it is juries get picked every day in Pinellas County and Clearwater, and...
GRACE: Yes, I know that. I`m asking you about the demographic.
NEJAME: Yes, it`s primarily white. It`s primarily older. And it`s a bit more conservative. But they`re going to be able to find a jury and they`re going to be able to have -- I think -- as I heard reports today, they had African-American, they had white, they had Asian. They had a good pool of people. So I think they`re going to be able to find a good cross- section.
GRACE: To Bill Sheaffer, former prosecutor, WFTV legal analyst, also in court today. Bill, thank you for being with us. Weigh in, Bill.
BILL SHEAFFER, FMR. PROSECUTOR, WFTV LEGAL ANALYST: What do you want me to weigh in on, Nancy?
GRACE: Well, we were discussing the choice of Pinellas County and the type of jury pool they had to select from.
SHEAFFER: Well, we haven`t seen that there`s been a disproportionate amount of retirees. I was kind of surprised, as a matter of fact, to see that we`re seeing jurors or potential jurors that are probably in their 30s and 40s. We have some that are certainly elderly, but it`s not a disproportionate amount. They are conservative in this area, but at this point, we haven`t even gotten into that. We`re still talking to them about their ability to serve because of the hardship issue.
GRACE: OK. When we talk about hardship, we mean being on a jury for two months, being sequestered away from your family. And to you, Natisha Lance. The judge laid down essentially what the rules were going to be for the tot mom jury. How often do they get see their family, under what conditions? What do we know about their life for the next two months as they hear the facts in the trial of Casey Anthony?
NATISHA LANCE, NANCY GRACE PRODUCER: Well, no social media, Nancy. They`re also not going to be able to look up anything about this case, view any news reports about this case. They`ll be able to see their families once a week, but their families beforehand will have to sign papers that says that they will not discuss the case.
GRACE: So Natisha, the family will have to travel to the trial, to Orlando. They will have to see them, sign waivers and confidentiality agreements about whatever they know, and they can only visit -- supervised visits.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: This is a criminal case.
UNIDENTIFIED FEMALE: Casey is charged with capital murder in the death of her 2-year-old daughter, Caylee.
CINDY ANTHONY: I feel that my daughter from day one has gotten -- she has been a victim just as much as Caylee.
CASEY ANTHONY: I need to be looked at as a victim. I`m just as much of a victim as the rest of you.
UNIDENTIFIED MALE: The mission to find an impartial jury is going to be a challenging one.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
UNIDENTIFIED MALE: Count 1, first degree murder. The grand jurors of the county of Orange duly called, empanelled and sworn to inquire in true presentment (INAUDIBLE) for the body (ph) of the county of Orange upon their oaths do present that Casey Marie Anthony, between the 15th day of June, 2008, and the 16th day of July, 2008, in said county and state, did in violation of Florida state statue form a pre-meditated design to effect the death -- to effect the death of Caylee Marie Anthony -- Caylee Marie Anthony, a human being -- unlawfully kill Caylee Marie Anthony.
(END VIDEO CLIP)
GRACE: That is the judge reading the indictment, the indictment -- I`ve got it right here -- outlining all the charges against tot mom. It includes murder one. It includes aggravated child abuse. It includes assault on a child, manslaughter death of a child, all of these together. The penalty it carries, first and foremost, the death penalty. Not only that, in the alternative, life without parole.
Of course, there`s always the possibility of an acquittal. And as a matter of fact, we know that the defense in league with CBS had a mock jury that actually found her not guilty on murder 1 charges.
Welcome back, everybody. Today, the day has finally arrived, day one of the murder trial of tot mom, Casey Anthony, in the alleged murder of her 2-year-old little girl, Caylee. There you see tot mom in one of the very rare moments she cries in court. As soon as the judge started reading that indictment, she let the waterworks flow in front of a jury panel.
Straight back out to Jean Casarez, legal correspondent, "In Session," in court the entire day. Jean, after all that brouhaha where the defense wanted the parents, the grandparents, Cindy and George Anthony, thrown out of court -- she didn`t want her own parents in there with her -- the judge says, Yes, they can be in here with you, and then they don`t show up. Why?
CASAREZ: Well, they originally had said that they were not going to come to jury selection. I think -- I can`t give you the reason why, but they had made that decision.
GRACE: Right. OK. So...
CASAREZ: But the trial...
GRACE: ... that was the decision...
CASAREZ: ... they will be there.
GRACE: ... they made ahead of time. Jean, what can you tell me about tot mom rejecting Cindy Anthony`s visit this weekend at the jailhouse?
CASAREZ: Well, her mother went, and at that point, she found out that Cindy (SIC) wouldn`t see her. And we`ve heard that the jailhouse...
GRACE: She found out that Caylee (SIC) would not see her.
CASAREZ: ... guard that -- that Casey would not see Cindy.
GRACE: Right.
CASAREZ: Right. And at 6:45 in the morning, Casey had told the jail guards, so she had already been told of it, I will not see my mother. And so her mother left money for the commissary, but then left as soon as she had arrived.
GRACE: We are taking your calls. Out to Monica in Florida. Hi, Monica.
UNIDENTIFIED FEMALE: Hello, Nancy.
GRACE: Hi, dear. What`s your question?
UNIDENTIFIED FEMALE: I want to make a statement and ask a question. First, since it`s 71 percent Caucasian in that area and it seems to be a retirement community, would it be fair to say that it is a jury of her peers, but wouldn`t it be fair to have some youth there?
And my comment is I think there should be some African-Americans on the jury, as well, to balance it out. It may go in the favor for the defense because they`re usually sympathetic -- sympathetic jurors.
GRACE: Well, you know what? On every jury trial I ever tried, I had a majority of African-Americans on my juries. And you know, praise the Lord, they convicted every single time. So I don`t know about your theory about them being more lenient when it comes to the alleged murder of a 2- year-old little girl. What about that jury pool, Jean Casarez?
CASAREZ: Well, it was primarily white, but Casey is white. But Jose Baez made a motion to strike the jury panel because there were not enough minorities, he believed.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: The day has arrived for a tearful Casey Anthony.
CASEY ANTHONY: The media`s going to have a frickin` field day with this!
CINDY ANTHONY: I don`t care what America thinks of me. If they think they`re going to (EXPLETIVE DELETED) standing up to the media that wanted to attack me.
CASEY ANTHONY: People really need to get a life. And if they have nothing positive to say, they need to shut up.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
UNIDENTIFIED MALE: The defendant in this case is charged with the following crimes -- first degree murder, aggravated child abuse, aggravated manslaughter of a child, and four counts of providing false information to a law enforcement officer. As to the charge of first degree murder, the state has served notice that it is seeking the death penalty against the defendant, Casey Marie Anthony.
(END VIDEO CLIP)
GRACE: We are taking your calls live. Today, day one of the murder trial of tot mom, Casey Anthony. It was nearly three years ago -- June 16th will be three years ago -- the last time little Caylee, just 2 years old, was seen alive, her body found, her remains nearly completely decomposed, just 15 houses from the Anthony home, duct tape wrapped around her neck, around her mouth, and a heart-shaped sticker placed directly over the mouth. Items from the Anthony home found there on the scene.
We are taking your calls, but straight back out to Jean Casarez. Jean, I know that they got through 60-something jurors today, but they only kept 21 of them. They`re trying to get a big jury pool and then start the selection of 12 jurors and eight alternates, but all they`ve asked so far was about hardship. All they asked was about hardship. They`ve still got a long way to go. How long are you anticipating jury selection to go?
CASAREZ: Nancy, I think this is going to take a long time because they`ve only focused on, Can you stay in a trial, secluded in a motel, for four to six weeks? They`ve got to go through the death penalty phase, and then they`ve got to go through pretrial publicity.
GRACE: To Jo-Ellan Dimitrius, jury consultant, joining us, consultant on many high-profile cases. Jo-Ellan, I always had a victim`s family in the courtroom during jury selection from day one. I`m surprised the defense doesn`t have tot mom`s family there.
JO-ELLAN DIMITRIUS, JURY CONSULTANT: Well, I`m surprised, too. But clearly, there`s a reason behind it, and maybe they feel that having them there would be detrimental at this point.
GRACE: In what way, Jo-Ellan, could it possibly be detrimental?
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED REPORTER: Jury selection is under way in Clearwater, Florida, in the trial of Casey Anthony.
CASEY ANTHONY, MOTHER OF CAYLEE ANTHONY: I`m not in control over any of this.
UNIDENTIFIED REPORTER: First-degree murder.
UNIDENTIFIED MALE: We`ve got a human skull.
CINDY ANTHONY, CASEY ANTHONY`S MOTHER: We`re talking about a 3-year- old little girl.
UNIDENTIFIED MALE: Aggravated child abuse. Four counts of providing false information.
UNIDENTIFIED MALE: No more lies. No more bull coming out of your mouth.
UNIDENTIFIED MALE: To a law enforcement officer.
CASEY ANTHONY: Regardless of how it happened.
UNIDENTIFIED FEMALE: They found the body.
CASEY ANTHONY: I will lie, I will steal, and do whatever I can to find my daughter.
UNIDENTIFIED MALE: Casey Marie Anthony.
CINDY ANTHONY: There`s something wrong. I found my daughter`s car today and it smells like there`s been a dead body in the damn car.
UNIDENTIFIED MALE: In violation of Florida state statue, knowingly and unlawfully caused great bodily harm to Caylee Marie Anthony.
(END OF VIDEO CLIP)
NANCY GRACE, HOST: And there you saw throughout the judge reading that indictment, she would look down at her computer, look down at the desk. Finally cry in front of the jury. And throughout jury selection to date she would very rarely meet the jurors` gaze, eye to eye.
Why, Jo-Ellan Dimitrius? That would be the first thing, I would -- if I were a defense attorney that I would tell my client. I told victims families that. Murder victims. All type of victims.
I would tell them and their families, you look at the jury. You look in their face. Look in their eyes. Tell me if you`ve got a connection to any of these jurors. If you get a vibe with them. If you get a good or bad vibe about them. That`s who I want on this jury.
I don`t care who they are. What they do for a living. Even if they don`t work. I don`t care if they are white, if they are black, it doesn`t matter. What matters is if you get that connection with a juror, and you sense, you feel that they are with you, then they need to be in that jury box.
So why? Why is she not looking at them?
JO-ELLAN DIMITRIUS, PH.D., JURY CONSULTANT: Well, it`s hard to say. I mean certainly that could have been the recommendation by the defense attorney, but, you know, they also could have told her when you look at them you don`t stare at them, you can only look at them for a period of time.
But I really think beyond that, the psychological component of where she is, what`s happening to her, hit this day in this courtroom which is obviously 100 miles away from the courtroom she`s been in up to this point.
So I think that everything aside, everything that the defense attorneys may have told her, I think it just hit her that oh, my god, I`m in this situation, and I`m in a lot of trouble.
GRACE: And another thing, Jo-Ellan, we got to cut off when we had to go to break.
Everybody, Jo-Ellan Dimitrius is with us. Our whole panel, from Jean Casarez to the attorneys and medical examiner, here taking your calls and your questions.
Jo-Ellan, you`ve been on a lot of high-profile cases, and I got to tell you. As a juror, I`m sure that I would be more sympathetic to little Caylee who lost her life. But if I saw not so much tot mom crying but if I saw tot mom`s mother or her father or her brother crying at the thought that she would be put to death that might get to me. That might stir my heart. But they are not there.
DIMITRIUS: Well, they are not there. And I think that a lot of it has to do with you want to have that family unity and based on what we know about what happened yesterday at the jail with Caylee not seeing -- excuse me, Casey not seeing the mom --
GRACE: Jo-Ellan, you`re so right.
DIMITRIUS: I think that there`s that component.
GRACE: Because come on, it`s Mother`s Day weekend.
DIMITRIUS: Absolutely. And so, you know --
GRACE: What other day would you want to be with your mother, that you need your mother the most is when you`re about to go to trial? And if she, tot mom, was worried about being caught on video, or being caught on audio, you don`t have to talk about trial. I would just want to see, lay my eyes on my mother.
And so I just find that very hard to take in that she sent her own mother packing from the jail.
DIMITRIUS: Well, and obviously, I think that`s why we didn`t see the family there today because I think that, you know, the defense was concerned about the interaction between mom and Casey, and they didn`t want to pollute, if you will, the pool even more than it may be polluted by having that dynamic going on in the courtroom.
GRACE: Right. Right.
And, everyone, here is the video that we obtained of tot mom being booked into her new home, her home for probably about two or three weeks. If this jury is selected, you`re going to need jurors -- there she is over to your right on your screen.
You`re going to need jurors who can be in court and sequestered from home and family for at least a couple of months as this trial makes its way through the justice system.
There you see tot mom, Casey Anthony, as she gets booked in to the Pinellas County Jail.
Taking your calls. Monica in Florida, hello, Monica. Excuse me. Lakisha in Indiana.
LAKISHA, CALLER FROM INDIANA: Lakisha. Yes.
GRACE: Hi, Lakisha. How are you doing?
LAKISHA: Hi, Nancy. How are you doing tonight?
GRACE: I`m good, dear. What`s your question?
LAKISHA: I`ve got two comments and a question.
GRACE: OK.
LAKISHA: This might make you mad, but I`m just like you, I`m a feisty person and I`m going to stake my real.
(LAUGHTER)
GRACE: All right. You hit me.
LAKISHA: Casey is not going to get a fair trial because I was listening to the thing in court today, all them people they had on there I could detect people by their voice. I know if they`re white or black or mixed or whatever.
They had Hispanics on there that they excused and one black guy that I heard on there, and he was accused because he say he wants to be paid for his job. He should have took it anyway and just quit his job. Because most of them people they chose anyway got money.
But the girl ain`t going to get no fair trial because in the state of the Florida and most of them people on the jury are women, they got family, they got kids. She ain`t going to have no fair trial.
This is about Caylee anyway. The baby. You know the baby need to have justice. The whole world do remember Caylee. You show her picture on there all the time after your show. I remember Caylee. And she`s in heaven with god. And then --
GRACE: You know what, Lakisha, they are making all sorts of motions regarding the selection of this jury. And I don`t know about you, attorneys -- Tommy Pope, Daniel Horowitz, Mark Nejame, Bill Sheaffer -- but I always considered the jury selection as the single most important moment during the trial. Who you put in that box, in my mind, seals it.
What about it Pope?
TOMMY POPE, PROSECUTOR IN SUSAN SMITH CASE: I think they`re walking a mine field now. You know that`s the problem. It`s so difficult with the amplified media attention, just trying to get fair and impartial jurors.
People always ask me, what kind of jury do you want? I just want one that can be fair one. If I`ve got a case and I can prove it that`s what I want to be fair. But she -- what you`ve got to have a fear of, just like this young lady calling, talks about, is somebody actually wanting to be on the jury. You don`t --
GRACE: You know that`s a good point.
POPE: -- are wanting people to do this.
GRACE: What about it, Horowitz?
DANIEL HOROWITZ, DEFENSE ATTORNEY: I`m not so worried about those kinds of people. They are very transparent, Nancy.
You know I find also this whole racial division, you know, you need different races and creeds and colors, is a little bit overdone. People are the same. I just look for nice people who have an open heart. That`s all.
GRACE: You know, Mark Nejame, I`ll never forget the very first bank robbery I ever tried. This guy, I didn`t find out until after I already put him on the jury, he was not on the jury selection, a questionnaire. He had a conviction for bank robbery. Oh, yes, he did.
So, you know, Horowitz has a point.
POPE: Sometimes the guy that got convicted wants to make sure the other guy gets convicted, too.
GRACE: What about it, Mark Nejame?
MARK NEJAME, FORMER ATTORNEY TO TOT MOM PARENTS GEORGE AND CINDY ANTHONY, DEFENSE ATTORNEY: Yes, I -- you know, you`re talking about a stealth juror. Stealth juror, you don`t know what they`ve got in mind.
GRACE: Well --
NEJAME: They might just be sitting in wait to get the publicity later on and you really can`t detect that. You know the fact of the matter is this stage is incredibly important and you`re right about that.
GRACE: Well, you know, Pope was right that bank robber actually did convict.
What about it, Bill Sheaffer?
BILL SHEAFFER, FORMER PROSECUTOR, WFTV LEGAL ANALYST, FROM TOT MOM COURTHOUSE: We`re going to get a fair and impartial juror. Everybody high publicity or high-profile case, everybody always screams they can`t get a fair trial.
I`ve been watching this jury panel. They are good citizens. We`re going to give her a fair trial. She will get a good jury here and, by the way, we`ll do it in seven working days.
GRACE: To Stacy Kaiser, psychotherapist out of L.A.
Stacy, why can`t she meet the jurors in their eyes? Why can`t she look them in their eyes?
STACY KAISER, PSYCHOTHERAPIST: Well, one of the things that I`ve noticed whether you look at the fact that she`s lying or she`s a manipulator or how she`s treated her parents, is it`s always been about her during this whole process. And so I think she`s really self-absorbed right now. She`s thinking about her misery, what she`s missing and what her process is, instead of looking at her potential future.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: It is not necessary for the defendant to disprove anything.
CASEY ANTHONY: They haven`t listened to a (EXPLETIVE DELETED) thing that I`ve said.
UNIDENTIFIED MALE: Nor is the defendant required to prove her innocence.
CASEY ANTHONY: I don`t know where she is.
UNIDENTIFIED MALE: It`s up to the state to prove the defendant`s guilt by evidence.
CINDY ANTHONY: There`s no evidence that Casey has ever done any harm to her child.
(END OF VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Four counts of providing false information to a law enforcement officer.
CASEY ANTHONY: I have no clue where my daughter is. Yes, that is the truth.
CINDY ANTHONY: I got a little anxious because I thought Caylee was with Casey.
UNIDENTIFIED MALE: She was not for 31 days. Her own mother doesn`t know exactly where she was during those 31 days.
CINDY ANTHONY: So I told her tell me where Caylee is or I`m going to the police. She said, she`s with Zany, do what you want.
UNIDENTIFIED MALE: You left your 2-year-old child Caylee Anthony with a person who does not exist and in an apartment you cannot identify.
UNIDENTIFIED REPORTER: Why did she wait a month to report her daughter missing?
JOSE BAEZ, CASEY ANTHONY`S ATTORNEY: That question will be answered within the first minute --
(END OF VIDEO CLIP)
GRACE: It is today. Day one of tot mom Casey Anthony`s murder one trial in the alleged murder of her little girl, 2-year-old Caylee.
Straight out to Sheryl McCollum, crime analyst, director of Cold Case Squad, Pine Lake P.D., author of "Cold Case: Pathway to Justice."
You know, Sheryl, we`ve also learned that the judge is allowing the jury to hear about that trunk, that car trunk, the state`s theory is tot mom killed little Caylee then carried her body in the trunk for many days. In fact, the scientist, when he opened up the air test in the box he jumped back several feet because of the stench of death.
SHERYL MCCOLLUM, CRIME ANALYST, DIR. OF COLD CASE SQUAD AT PINE LAKE P.D.: The folks at the Body Farm -- I mean they know what they`re doing, Nancy, and she probably had that child in the trunk for four days, if not longer.
So she`s driving around, where do I put her? Where do I put her? Well, sure enough she takes her where she used to bury her pets when she was younger. Fifteen houses down from her parents` home.
GRACE: To Dr. Bill Manion, medical examiner, Burlington County.
Doctor Manion, thank you for being with us.
DR. BILL MANION, MD, MEDICAL EXAMINER, BURLINGTON COUNTY, NJ: My pleasure.
GRACE: Explain to me what is -- what was in that box, assuming it was decomposition -- that made the scientist jump back several feet because of the wreak, the stench.
MANION: Well, as the body decomposes, proteins primarily break down and one of the proteins break down into amino acids. One of the amino acids Lysine for instance breaks down into cadaverine. Cadaverine has a very distinct odor. Another chemical putrescine has a very distinct odor. So you can tell that there`s been a dead body here.
Now I don`t believe there`s any definite evidence, when you analyze air from like the trunk here, that you can tell that that is human cadaver, or human putrescine. It can be from a mammal also. Maybe a mouse crawled up in there.
GRACE: Well, you know what, Dr. Manion, I`m going to let the defense argue that to the jury, OK? Because there was no evidence of an animal in the trunk.
Now I do recall, now that you brought that up, Dr. Manion, you`ve got an excellent point that tot mom went back after the fact, and started telling some of her friends that she had run over a squirrel or something.
Do you recall that, Natisha Lance? Now that Manion`s brought that up, he`s absolutely right. Do you recall her changing her story a little bit and telling friends she`d ran over an animal in the road?
NATISHA LANCE, NANCY GRACE PRODUCER: I do. It was text messages to her friend Amy Huizenga. She said that the car smelled like something had died inside of it and then she got to a place, she parked there and said yes, absolutely right, I ran over a squirrel.
GRACE: So she texted while she was driving, is that what -- is that the story?
LANCE: Yes. She was texting with her friend Amy Huizenga about this dead squirrel.
GRACE: Well, did -- to Dr. Bill Manion, why would it -- why would the air test in the trunk test positive for decomposition as oppose to up under the grill?
MANION: I don`t know if they took sample from under the grill.
GRACE: No, they did not. They took it from the trunk.
MANION: They took them from the trunk. And the battle over this evidence being admitted is that we`ve never seen this type of air evidence admitted in court. Now they use an instrument called a GCMS, gas chromatography-mass spectrometer. They use that instrument and we use that --
GRACE: But a mass spec is used all the time for all sorts of cases, that`s not unusual.
MANION: That`s correct. That`s correct. It`s used for drugs in blood and urine, it`s used in fire investigation.
GRACE: Drugs, arson, you name it. A mass spec is used all the time.
MANION: Absolutely. But it`s never been use in a case like this where they are trying to trap air in the -- in a space.
GRACE: Dr. Manion, what about the EPA? They do -- they`ve been doing air test, there`ve been mandatory air qualifications in places way back in the `70s and the Clean Air Act. Air has been tested for decades and decades and decades. It`s not anything knew. It just hasn`t been brought in a criminal case. Is that what you`re saying?
MANION: That`s correct. And there`s a much higher standard here in this criminal case.
GRACE: Yes, there is.
MANION: Absolutely .
GRACE: To Vince Miller, forensic scientist, VP and Chief Technical Officer of Chromosomal Labs.
Vince Miller, you are familiar with all of the scientific evidence that`s coming in. What is your analysis? What do you think is going to be the most damning scientific evidence, if any, against tot mom?
VINCE MILLER, FORENSIC SCIENTIST, VP AND CHIEF TECHNICAL OFFICER, CHROMOSOMAL LABS: Well, I think that actually there`s three aspects. First of all, none of them by themselves will make the case. It`s connecting the dots that`s going to have to do it.
The DNA identifies the individual but it doesn`t say how the remains were deposited there. And then certainly the fact that her DNA was also found in the trunk is not particularly surprising since it was her mother`s car and then finally the air testing that suggests that there was putrification, but again, as was already pointed out, that may not have been human remains. So it`s -- can you connect the dots.
GRACE: I find this single most important and damning piece of forensic evidence to be a hair absolutely of Caylee Anthony`s, the little girl, with a death band on it. In other words, after death your hair, the -- your hair actually changes.
Can I see that photo please, Liz?
And a band will develop around the hair. I could probably explain it better if I could show you the picture.
But Vince Miller, do you not consider that to be a very strong piece of forensic evidence?
MILLER: Well, it`s certainly a piece of evidence and it certainly suggests that there may have been a cadaver there. And it may --
GRACE: Wait. Wait. No, no. No.
MILLER: But as far as --
GRACE: It`s absolutely the child`s hair without a doubt.
Without a doubt, Sheryl McCollum, it is Caylee Anthony`s hair. It`s been proven by DNA and in post mortem. It shows the child is dead and it`s in tot mom`s trunk. Come on.
MCCOLLUM: That`s right.
GRACE: Help me out here. What -- who are we kidding?
MCCOLLUM: There`s the death band right there, Nancy. And what you said is absolutely right. What happens is as you decompose, the death band occurs and the hair falls out of the head. And there`s no way that they`re going to be able to explain that as well as the 31 days.
GRACE: And it`s in her trunk. In fact, questions are going to be asked of this jury if they have ever smelled a dead body. Of course, the state wants those jurors, because once you smell it, you`ll never forget it.
(BEGIN VIDEO CLIP)
UNIDENTIFIED REPORTER: Casey Anthony goes on trial for her life.
GEORGE ANTHONY, CASEY ANTHONY`S FATHER: Emotions are here. Your heart starts to beat and --
UNIDENTIFIED REPORTER: Is there a moment that you ever thought for a second that maybe Casey had a hand in Caylee`s disappearance?
CINDY ANTHONY: Why go through all of this? Why put us through all of that? It doesn`t make sense. She wouldn`t do that.
(END OF VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
CASEY ANTHONY: And I know I`m running out of options.
UNIDENTIFIED MALE: As best you can, raise your right hand.
CINDY ANTHONY: I found my daughter`s car today.
UNIDENTIFIED REPORTER: Inside the car, one of Caylee`s dolls and her carseat.
CINDY ANTHONY: There`s something wrong.
UNIDENTIFIED REPORTER: This is when Cindy really starts to panic.
CINDY ANTHONY: I found my daughter`s car today and it smells like there`s been a dead body in the damn car.
UNIDENTIFIED MALE: The defendant in this case is charged first-degree murder.
(END OF VIDEO CLIP)
GRACE: To April in Arizona. Hi, April, what`s your question?
APRIL, CALLER FROM ARIZONA: Yes, hello, Nancy. My question is, we are constantly hearing about the Anthonys, and rightly so, because their daughter`s life is on the line. But we never ever hear about Caylee`s other grandparents. Are they --
GRACE: We don`t know who the father is, April, so we don`t know who the grandparents are.
APRIL: So no one has come forward?
GRACE: No, nobody.
APRIL: Nobody.
GRACE: No. No. No. No.
APRIL: That`s terrible in itself.
GRACE: It is.
APRIL: And that`s something they need to investigate, because I think it can prove her credibility or what kind of person she was.
GRACE: Well, just to let you know, April, they`ve run DNA tests on, I guess, seven or eight people to try to determine who`s the father. Still don`t know.
Everyone, jury selection goes on tomorrow. We will be live. There in Clearwater.
Let`s stop and remember Army Private 1st Class Eric Clark, 22, Pleasant Prairie, Wisconsin, killed Iraq. Awarded Purple Heart, Global War on Terrorism Service Medal, Iraq Campaign Medal. So determined to enlist, overcame cerebral palsy. Loved movies, playing drums in the Christian Youth marching band.
Soldiers named him nickname for always smiling. Nickname (INAUDIBLE) on his tombstone. Leaves behind Kevin and Joan, stepparents Paula and Bob. Brothers Evan and Jared. Sisters Audra, Meg, Jade and Anna.
Eric Clark, American hero.
Thanks to our guests but especially to you for being with us.
And thank you to Leonor (INAUDIBLE), El Paso, for the beautiful, frame cross stitch of my parents. It was so beautiful I gave it to my mother as a Mother`s Day gift.
I just don`t know how you did it. It was just gorgeous. And I want to thank you. It`s hanging in my parents` home tonight.
Everyone, I`ll see you tomorrow night 8:00 sharp Eastern. And until then, good night, friend.
END
