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Developments and Tactics in the Casey Anthony Trial; Stream Team Debates Anti-Smoking Ban In Cars With Children Inside

Aired June 16, 2011 - 14:45   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

RANDI KAYE, CNN ANCHOR: And welcome back to CNN NEWSROOM, everyone.

Most of everything that we know about Casey Anthony and the death of her two-year-old daughter Caylee has come from prosecutors. But her defense lawyers began making their case today, and they came out swinging with some shocking details, including a paternity test of Casey's brother and a bizarre request at a convicted kidnapper to their list of witnesses.

Take a look here. This is a live picture inside the trial right now.

I want to bring in Richard Herman along with us here, criminal defense attorney with a lot of experience in cases like this for some perspective. Richard, Casey Anthony's defense called its first witness, a crime scene investigator and FBI expert. What was interesting was they did not find any blood or any DNA on Casey's clothes or in her car or duct tape actually found on Caylee's remains on her skull. So, how important is that for jurors, do you think, keeping in mind of course, that prosecutors say Caylee was suffocated?

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Well, that's great, Randi. Also, no chloroform either in her clothes or in her room. But, you know, the intent is to put on defense experts to counter the prosecution experts and confuse the jury so that in summation, you can say to the jury, hey, look, if you're confused, if you don't know which version of events took place, if you don't know if the duct tape went on before she died or after she died, or if you don't know how she died or when she died or where she died, you know, that's reasonable doubt. And, therefore, you must acquit.

KAYE: Another thing they brought up today, and a lot of us were surprised by this. We were surprised to learn that the FBI did a paternity test to see if Lee Anthony, Casey's brother, was Caylee's father. The expert says that Lee is not Caylee's dad, but the defense brought it up anyway.

So Richard, I want you to listen to this with me, and then I have another question for you about it.

(BEGIN VIDEO CLIP)

JOSE BAEZ, CASEY ANTHONY'S ATTORNEY: Were you asked to conduct a paternity test for Lee Anthony as being the potential father? UNIDENTIFIED MALE: Mr. Lee Anthony and George Anthony can both excluded as potential fathers for Caylee. But you asked that question suggesting that law enforcement specifically inquired is not a good faith question.

(END VIDEO CLIP)

So clearly, Richard, the prosecutor was angry, so why did the defense bring this up? I mean, this was just minutes before the jurors went to lunch. I mean, what's the strategy here?

HERMAN: You know, the strategy -- he's fighting for her life, Randi. He's going to do anything and everything he can to try to repulse the jury about other people in addition to Casey. So, if he can try to prove this theory of this sort of sexual misconduct or sexual abuse, that's where he's going.

But, Randi, I have to tell you, that's an absolute horrible road for them to go down, because even if -- first of all, they can't prove it unless she testifies, and who is going to believe her, first of all? But even if they did, even if she said that and experts got on the stand and said, oh, yes, she was abused, therefore she's a serial compulsive liar and maybe that's grounds for her to be able to kill her kid. Nobody is going to believe that! No reasonable rational juror is going to buy that theory of defense. That's why Baez was stupid in his opening to open with that line.

KAYE: So, I just -- just quickly, want to ask you about this ex- con and what's up with this guy. He's a convicted felon. They've claimed in court documents he's linked somehow to Casey Anthony's father. They have some phone records.

Why bring this guy up? I man, why do you think the defense wants to question him?

HERMAN: I think he's at Disneyland, Baez. I don't think he's in the courtroom. I think he's a few blocks away. Because you know, what's this guy going to say? Baez doesn't know. They haven't interviewed this guy. There may be some phone calls, may be not some phone calls. Does he dream that this guy is going to get on the stand to say that George asked him to kidnap the body? That's just not going to happen. It's ridiculous, it's reckless, they're desperate. I don't know where he's going with this, but it's a dead end.

KAYE: All right, Richard Herman. Glad you're with us on the very first day as we hear from the very first witnesses for the defense team. Thank you very much.

HERMAN: Thank you.

KAYE: In most states, it is legal to smoke in a car with a window rolled up and a child in the back. But some states, well, they have outlawed it. Is that a good idea or is it government infringement? Today's Stream Team will tackle that topic for you next.

(COMMERCIAL BREAK)

KAYE: Welcome back. So, a New York lawmaker is proposing legislation that would ban smoking in cars where children present. The ban would apply to adults with kids under the age of 14 in the car, even when the windows are rolled down. New York would join Arkansas, California, Louisiana and Maine as states with some type of ban on smoking with children in the car. Most of these states consider it a secondary offense, meaning motorists cannot be charged unless they are stopped for some other moving violation.

There is little doubt secondhand smoke kills, but is it just too easy to beat up on smokers? New York State has already band smoking on beaches, pedestrian plazas and in parks.

So just how far is too far when it comes to smoking bans? That's the question that I'll ask today's Stream Team. With us today, Lisa Bloom an attorney and author of this fabulous book, "Think: Straight Talk for Women To Stay Smart In A Dumbed-Down World." Audrey Silk joins me by phone. She is the founder of C.L.A.S.H, Citizens Lobbying Against Smoker Harrassment. And Pete Dominick, host of "Stand Up! with Pete Dominick" on Sirius XM.

Pete, I'm going to start with you today. Let's first talk about the smoking ban with a kid in the car. Should you, do you think, be able to smoke in your own car with that child, even with the window down?

PETE DOMINICK, SIRIUS/XM RADIO HOST: No, no, you shouldn't be able to, because we're not talking about secondhand smoke in terms of cancer. We're talking about the effect smoke has when it exasperates your asthma, bronchialitis and other ear infections and other conditions. We have proof for this.

Listen, if you can't wait until you get home to have a cigarette, then you're a selfish and bad parent. I'm sorry, but if you believe in mandating seat belt use, booster seats and child seats, then you have to agree with this one. There's no way around this. And government has to protect innocent children who can't exactly say "Mommy, I'd like to get out of car."

KAYE: Yes, I think they put that age limit on it because those kids may not be old enough to have a voice.

So, Audrey, I want to ask you, you are for smokers rights. Are you against a ban on smoking with kids in the car?

AUDREY SILK, FOUNDER, C.L.A.S.H. (on the phone): You know, I would like to first start taking issue with there is no doubt that secondhand smoke kills. There is still doubt, and it's still controversial. And what Pete is saying - I mean, Pete - do you want

(CROSSTALK)

KAYE: OK, one at a time, Audrey.

(CROSSTALK) SILK: No, you know what? You're not going to jump on me here. I'm going to have my time, which I normally no do not get. You want to equate it with --

DOMINICK: Then don't say I said something I didn't say! I didn't say that

SILK: It's not -- seat belts are vehicle-specific. It's for the inherent dangers of driving a cars. We don't have seat belts on our couches. It has nothing to do with smoking in our car. If you want to ban smoking in our car with our kids, then you want to ban it in our homes.

There is a time, a parental autonomy should trumps government intrusion. If a child has asthma, I'm sure a parent will not smoke with that child. But there is absolutely no danger (ph) to a child in a car. There's even an anti-smoking activist who is all for the indoor ban who says it's ridiculous, that it's government overreach.

KAYE: All right. Audrey, let me give Lisa her time now. Lisa, how can this work even legally if it goes through? Smoking may be a personal right, so how can they enforce this?

LISA BLOOM, ATTORNEY, THE BLOOM FIRM: It does work, and it's actually not a right, it's a privilege. Here in California, it works just fine. I mean, for those who think this is some kind of violation of their rights, hey, why can't we hand kids a pack of cigarettes, right? I mean -

SILK: Oh, please.

BLOOM: -- we ban smoking by kids under the age 18. Why not just hand them the cigarettes because the effects of secondhand smoking, with all due respect, are really clear. Only the tobacco industry continues to have some doubt but the science is overwhelming.

SILK: That is so untrue!

BLOOM: Legally, this is perfectly acceptable, and frankly it just makes sense. You've got to protect the health of children.

KAYE: Pete, your turn to weigh in?

SILK: What about if I wanted --

DOMINICK: Who is this - who is this? Where do we find this person that would possibly make the argument that anyone is advocating for seat belts in couches? This is one of the craziest things I've ever heard. We're talking about protecting children.

SILK: This is - you equate that we have seat belts in car. That's vehicle-inherent danger. Smoking is everywhere.

DOMINICK: Right! That's what we're talking about! That's what we're talking about. Vehicle inherent danger -- KAYE: Audrey - we - Audrey, Pete, Lisa, we do have to wrap up. I think all of you have had a fair amount of time. But we're going to have to go from there. Obviously, a very hot topic and very interesting to debate with all of them.

Meanwhile, CNN NEWSROOM will continue with Brooke Baldwin coming up after this quick break.

(COMMERCIAL BREAK)