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The Casey Anthony Murder Trial; Memphis Police Officer Killed

Aired July 03, 2011 - 22:00   ET

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

DON LEMON, CNN ANCHOR: Hello, everyone. I'm Don Lemon.

Closing arguments are nearly done. Just hours from now, jurors could begin deliberating Casey Anthony's fate. She stands accused of killing her 2-year-old daughter Caylee in 2008. And for the past six weeks, much of the country has been fixated on every aspect of her trial. Each day has brought strange twists and unexpected turns and today was no exception.

Even before the defense could finish its closing argument, the courtroom drama suddenly turned personal between rival lawyers. Judge Belvin Perry yanked both men from the courtroom. He then issued a stern warning and more -- and any more inappropriate behavior and they would be thrown off the case.

Our panel tonight -- criminal defense attorney and former prosecutor Holly Hughes here in Atlanta; in Orlando, Jane Velez-Mitchell, host of HLN's "Issues with Jane Velez-Mitchell;" Drew Petrimoulx, reporter with WDBO Radio; and CNN's Martin Savidge and David Mattingly is with us as well.

And, David, we're going to start with you. Both sides want to win. Each told jurors that the other side's case was flawed, weak and full of holes. And they can't both be right here, so tell us what happened today, David.

DAVID MATTINGLY, CNN CORRESPONDENT: Well, that's right, Don. About the only thing these two have in common is that both need an ending, and we're very close to getting one right now. The prosecution in their closing arguments telling the jury that Casey was a mother who was unhappy with her life. And that she wanted freedom. She wanted to have fun. And she was willing to sacrifice her daughter to get it. There were some very powerful moments as prosecutor Jeff Ashton pushed that point home and here's one of them.

(BEGIN VIDEO CLIP)

JEFF ASHTON, PROSECUTOR: She took her child. She took her life. And she put her in the trunk and forgot about her. After a couple of days, she couldn't forget anymore and she disposed of her body in a swamp. These are the facts that you have heard. And these are the facts that prove beyond a reasonable doubt that Casey Anthony is guilty of murder in the first degree.

(END VIDEO CLIP) MATTINGLY: And now the defense also going before the jury with their closing arguments, pointing out that this is a circumstantial case, no cause of death, no DNA, no fingerprints, putting some holes in a lot of the expert testimony that we've heard over the past weeks. But the point that they're trying to make here is that they don't have to prove anything. They just have to make sure the jury knows that there is room here for reasonable doubt. Listen.

(BEGIN VIDEO CLIP)

JOSE BAEZ, DEFENSE ATTORNEY: You see, the strategy behind that is, if you hate her, if you think she is a lying no good slut, then you'll start to look at this evidence in a different light. You'll start to, "Oh, wait a minute, maybe I'm seeing something that's not there." And start to actually discriminate against her, rather than give her the standard that is afforded to each and every citizen in our country. And that is that the state, that the government come in here and prove their case beyond and to the exclusion of every reasonable doubt. But you can get away with that if we can get a jury to hate her.

(END VIDEO CLIP)

MATTINGLY: Defense Attorney Jose Baez there reminding the jury that they need to take emotion out of this, possibly easier said than done in this very emotional case -- Don.

LEMON: I was watching earlier today, David, right after the lunch break. There was some very high tension in the courtroom. And today, it really turned personal. The judge was not amused by it. Tell our viewers what happened.

MATTINGLY: Well, what happened, Jose Baez was in front of the jury and he was making a very strong point, getting very passionate about pointing out how it was Casey's father who was in possession of the duct tape in this case, not Casey. And as he was making that point, he looked over and saw prosecutor Jeff Ashton smiling while this was going on. Well, at that point, he stopped, looked at him and called him "laughing man." Well then the judge immediately called an end to things and here's how it played out.

BAEZ: We're not talking about fantasy forensics anymore. We're talking about cold, hard evidence, evidence that points to one person, one person only. And he can get up here and lie all he wants and dance around the truth, but the truth is the truth and depending on who is asking the questions, whether it is this laughing guy right here or whether --

ASHTON: Objection.

JUDGE BELVIN PERRY, ORANGE COUNTY CIRCUIT: Sustained. Approach the bench.

(END VIDEO CLIP)

MATTINGLY: Well, that was it. After the "laughing guy" comment, the judge called them both over and came out later and said, "If anything like that happens again on either side, I'm going to throw the person out who does it." A very stern warning, very late here in the game -- Don.

LEMON: Oh, yes and he was very serious. Listen, the jury was expected to have the case by now, David. So what's the time line for tomorrow?

MATTINGLY: Well, they're not done with the closing arguments yet. The prosecution still has its time. They could have a couple of hours tomorrow morning to finish up what they need to do. Then the judge has to read the jury the rules that they have to follow while they're considering the evidence and deciding what to do in this case.

So it could be tomorrow afternoon, possibly, before the jury actually starts deliberating. But as we've seen that every single day something new comes up to delay that process, we'll just wait and see what happens tomorrow.

LEMON: All right. David Mattingly, thank you very much. And, David, stick around. You'll be with us for the entire hour because we are just getting started here tonight with our CNN NEWSROOM special report on the Casey Anthony trial.

And coming up, we'll be joined as well by CNN's Martin Savidge, he's in Orlando; Jane Velez-Mitchell from "Issues" on HLN, she's in Orlando as well as Drew Petrimoulx from WDBO Radio in Orlando; and Holly Hughes, a criminal defense attorney and former prosecutor joins me here in Atlanta.

We'll go over today's closing arguments, plus more sound from the courtroom today. More dramatic moments. If you want to weigh in on this story, check us out on Twitter, on Facebook, cnn.com/don. A lot of the video is there and also on Foursquare. If you want to see how we cover stories behind the scenes like the Casey Anthony trial, check out "Transparent," available anywhere books are sold.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

ASHTON: The evidence in this case proves beyond any reasonable doubt that Casey Anthony decided on June 16th that something had to be sacrificed, that the conflict between the life that she wanted and the life that was thrust upon her was simply irreconcilable and something had to give. She chose to sacrifice her child to live the life that she wanted. She took her child. She took her life and she put her in the trunk and forgot about her. After a couple of days, she couldn't forget anymore and she disposed of her body in a swamp. These are the facts that you have heard and these are the facts that prove beyond a reasonable doubt that Casey Anthony is guilty of murder in the first degree, and that that murder is premeditated.

(END VIDEO CLIP)

LEMON: Our panel tonight, criminal defense attorney and former prosecutor Holly Hughes here in Atlanta; and in Orlando, Jane Velez- Mitchell, host of HLN's "Issues with Jane Velez-Mitchell;" Drew Petrimoulx, reporter of WDBO Radio; CNN's Martin Savidge and David Mattingly as well.

Jane, usually the antics are outside of the courtroom with people fighting to get tickets and get seats in the courtroom. The antics were there today. But barring that, the prosecution, by most people's account, did a masterful job here despite the laughing and smiling and the judge having to stop for a while.

JANE VELEZ-MITCHELL, HOST, HLN'S "ISSUES WITH JANE VELEZ-MITCHELL": Well, the prosecutor finally got, Don, to motive after this whole trial that has gone on six weeks or so. We finally understood the deeper why of why prosecutors believe that Casey murdered, planned and carried out the murder of her child. This is the first time we're really hearing this in depth.

And the prosecutor really was brilliant in how he outlined Casey's mental state, and how her lies, her claims that she had a job and that she had a nanny were wearing thin with her parents. Her parents were becoming increasingly suspicious. She wanted to go out partying more but she had this child that she had to lug around 24/7. And the child is getting older. The child is about to turn 3, a time when she starts to get more verbal and she might be able to reveal to grand mama and grand papa that her mom is lying about having a nanny and lying about having a job.

So, the road was getting narrower for Casey Anthony and prosecutors very convincingly describe how she is left with a choice -- her lifestyle, her partying, or her kid.

LEMON: Former prosecutor Holly Hughes, did it work?

HOLLY HUGHES, CRIMINAL DEFENSE ATTORNEY: It absolutely worked. Very effective. And Jane is right. You know, we don't have to prove motive as a prosecutor but the jury wants to know. They're people. It is common sense. You know, we're going to sit up there. We're going to present all this evidence. We're going to make the argument that this is first-degree murder. And the jury is sitting there going, "But why, why now?"

And Jeff Ashton is so good at what he does, Don. And he just went right to the heart of the matter. He said, "Look, here's the evidence we have and here's why now." You know, everybody kept saying, well, she was a loving mother and why would she do this? Because now little Caylee is starting to talk. So, she is going to say, no Zany, no Zany, and all of a sudden Casey's lies are going to explode in her face.

LEMON: David Mattingly, the jury is getting restless. This is taking quite a long time.

MATTINGLY: Well, they were told it would be six to eight weeks and here we are in the sixth week. So, this probably shouldn't be as coming to as a surprise to them. But yes, this is their second big holiday weekend that they're missing. They are not from here. They're from another county. They're being sequestered. They're living in a hotel. They're shuttled from the hotel to the courtroom every day.

So they want their lives back, I'm sure. And they have had to sit through a lot, 33 straight days of testimony, scores of witnesses. They've got to be ready to sit there and start to think about who is really responsible for Caylee Anthony's death.

LEMON: Well, Drew Petrimoulx, let's just talk closing arguments. I mean, to everyone's account, this is taking a long time. The jurors were fidgeting today and many of them might be saying, hey, let's move on with this so we can get in there and hash it out and figure out what's going on.

DREW PETRIMOULX, REPORTER, WDBO RADIO: Yes. The defense really taking its time this afternoon. Really, they started about halfway through the morning and went the rest of the day. The prosecution initially only went about 77 minutes but they're going to pick back up in the morning so they'll have more time to go as well. And then we have to go through the jury instructions, too, which could take a while as the judge explains how they're supposed to consider the law and how they're supposed to assess the seven charges that Casey faces.

LEMON: I'm going to -- I'm going to let you in on this, Mr. Savidge, because, listen, you have been covering this trial off and on. You've been going in and out of it and watching it. You've had a chance to watch it like our viewers watch it and you've had a chance to be there, Marty, as a reporter. And listen, this is taking a long time. The entire country is fixated on this story. Do you think the jurors have an idea of what's going on and how much interest there is in this case?

MARTIN SAVIDGE, CNN CORRESPONDENT: Well, of course they see, or at least have some idea because of the tremendous amount of security that they see within the courtroom. They see all the news media that is there gathered. The seats were always filled every single day. That they see. Now, are they watching it? Certainly they are not and they are in no way being expose to any of the massive amount of reporting the rest of America is seeing.

And so, in a lot of ways, it is -- it is very clear cut that many people who watch this case at home may say, look, I know how it's going to go. You have to remember, the jury has not seen a fraction of everything that has been discussed, everything that the experts talk about, everything that we all sit and go over with the minutest of detail. The jury has not seen it that way.

So too often we can read too much into what the jury knows and what we think they know or what they're immediately going to off and render a verdict about. They have a lot of material they have to review. And quite frankly, I have to say that Jose Baez did a pretty good job today of raising and saying to this jury, look, there was this evidence, there was this evidence, there was this evidence, it is not as clear cut as many of us might think.

LEMON: And we always hear it in these cases, reasonable doubt, reasonable doubt and that's what it's going to hinge on.

Up next, more on the prosecution's assertions that Casey Anthony's stories are mere fabrications.

(BEGIN VIDEO CLIP)

PERRY: The court hereby finds that there is no fact and evidence or reasonable inference that can be drawn there from that there's evidence that either Mr. George Anthony or Mr. Lee Anthony molested or attempted to molest Miss Anthony.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

ASHTON: The significance of what I'm about to tell you isn't simply that Casey Anthony lies. It's the pattern and the reason that she lies. That is important in this case. Because what you'll see and what I'm going to tell you and what you've heard in this case is that when Casey is faced with a problem, her solution is to change her lie, to modify it.

Casey is smart. Casey is quick. It is absolutely amazing how nimble Casey Anthony's mind is and the ability to come up with an appropriate and believable lie in an instant. She is impressive.

(END VIDEO CLIP)

LEMON: Welcome back. That was Prosecutor Jeff Ashton today trying to convince jurors in the closing arguments that Casey Anthony is a liar and a good one at that.

My panel is back. I'm going to start with Holly Hughes. They're honing in, zeroing in on the lies, not only from Casey Anthony but also from her mother and her father and her brother. And because I would think, as an observer, there is not a smoking gun here, so to speak, so they're going to hone in on the lies and the distortions.

HUGHES: Right. This trial reminds me of the coffee, chock full of nuts, OK, because every single person that has gotten on the stand has lied about one thing or another. And so both sides, the state and the defense, to have address this issue. You can't hide from it.

So what Jeff Ashton, the prosecutor, is saying is she's crazy like a fox. There is a method to her madness. In fact, he went on to say in that little clip we watching that every time she gets caught in a lie and it's not working, she changes it up. And he called it Casey 3.0. You know, this is the latest version of the story.

So while the defense wants to say, oh, she's so crazy she's cuckoo for cocoa puffs, Jeff Ashton is saying, oh, no, no, no, there is a method to this, it is deliberate, it is intentional, and just because you come from a dysfunctional family, it does not turn you into a murderer. There are tons of people from dysfunctional families who don't kill their children.

LEMON: OK. Jane Velez-Mitchell, what's playing higher -- when the prosecution? What played higher today? Was it the lies that everybody in the family told including Casey? Was it the duct tape? Was it the smell in the car? What played higher for the prosecution today?

VELEZ-MITCHELL: Well, they went through it all. And first they did a psychological profile of Casey Anthony as this consummate liar, complimenting her and how clever she is. And then they ended with the forensics, going through all the things that were found at the scene of the remains that they can connect to Casey Anthony or the Anthony home, like the bedding, like the duct tape, like the hamper bag.

And of course, the defense then turns around and spins that all and says, well, guess what, who else had access to all those items, George, her dad, and essentially tried to put George on trial.

And I do have do compliment the defense here. There is a built-in bias among a lot of commentators toward the prosecution. And you have to stay the defense did a good job. It was at least four hours and they're not even done. And they basically wrote like a revisionist history book with charts and graphs that's laid out all the evidence and 99% of the witnesses, including photographs, giving their version of events with calendars and everything.

So, I'm not saying anybody is going to believe the pool drowning, the accidental pool drowning story, but they may have done enough to create reasonable doubt and puncture holes in premeditated murder.

LEMON: It was said that George -- was supposed to be a witness for the defense. The prosecution even said that George Anthony lied. He lied about an affair. He lied about burying the dog and the plastic and the tape and all of that. And he even said the wife lied, lied about the chloroform, lied about the search.

So, Drew, sometime you're wondering, whose side is fighting for what? Is it the prosecution or the defense? Sometimes it seems like they're arguing the same thing. They're on the same side.

PETRIMOULX: It was very interesting to see what the defense did with that whole chloroform issue today, finally admitting that it was Casey that in fact did those searches, according to the defense, after she saw a posting on her boyfriend's MySpace account. And then using the fact that Cindy Anthony lied about it against the prosecution's case saying you can't trust anything that Cindy Anthony says. But she'll go such extremes, even when they know that they can go back and get the work records, lying on the stand in this trial. Basically using that against the state's case. I don't know if that was planned or if they just fell into that. But it definitely worked out for the defense, I thought.

LEMON: All right. Stick around. Everyone on the panel will be heard from.

Coming up next, we look at the defense. What Jose Baez is trying to give the jurors reasonable doubt.

(BEGIN VIDEO CLIP) BAEZ: These are a significant amount of people from various backgrounds who have no interest in helping Casey Anthony. And that's why you need to consider this. And that's why you may have a reasonable doubt as to who smelled what.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

BAEZ: That's why you have more questions than answers. That's why. Situations like fantasy searches, fantasy forensics, phantom stickers, phantom stains. All of this is nonsense. And no real hard evidence. No DNA. No fingerprints. Nothing. But she is a liar and a slut. Convict her on that. That she lied. She didn't act the way she needs to. She made some stupid decisions. Let's make her pay with her life. That's what this case is about. An accident that snowballed out of control and it is out of control. It is out of control right now and it has been out of control since the moment this trial began, since the moment this case began. It's out of control.

(END VIDEO CLIP)

LEMON: It sounds like Casey Anthony's lawyer is turning on her but Jose Baez used sarcasm to make his point. His client may not be likable but she is also not guilty. Let's see how our panel views this tactic. They all join us now. Straight to David Mattingly.

David, he does have a point. This is going to hinge on evidence, evidence, and probably it may come into play that she lied. But here's what he said. I found it interesting. He says lies are what lives within this family. Baez said that, that's according to someone who is in the courtroom. Casey Anthony was raised that way, raised to lie. Is it a surprise that she lived in a fantasy world? So is this reverse psychology?

MATTINGLY: Well, the defense really set out a tough road for themselves when in the opening remarks, when he laid out the idea that Casey had been the victim of sexual abuse at the hands of her father and her brother while they were growing up, and that she learned to lie and learned how to pretend that nothing was wrong, and that's what contributed to her strange behavior when her daughter apparently was missing.

Now, what we're finding out now in the closing arguments is that he is using that to show that they really don't have to prove any of that was going on. But they are showing that the prosecution and the investigation in this case was focusing completely on her and not looking at any of these other possible scenarios that they've brought up throughout this trial.

He is trying to show that they were going into this with tunnel vision, going after her and doing everything they could to get her and find something that would show that she was guilty instead of what he describes as finding the truth. Now again, the defense doesn't have to prove anything here. All they have to do is convince the jury that there are big enough holes here for them to see reasonable doubt...

LEMON: Reasonable doubt.

MATTINGLY: ...in the prosecution's -- in their conclusions. Correct.

LEMON: I want to bring in CNN's Martin Savidge.

Now, Martin, Baez also said reasonable doubt lives here. It is throughout the case. He is bringing his point home, isn't he?

SAVIDGE: Yes. I mean -- and really, you know, all he has to do is sort of point out the fact and get one juror to go along with that and buy the reasonable doubt. I think that the case is really much more difficult for the prosecution here if they want to show premeditated and they want to go for murder in the first degree, because I'm not sure that all of those jurors are going to go along with that. There could be many of them, but they need all of them to go along with that. And so, you can have one holdout and that changes the whole perspective when it comes to the case of getting a capital murder conviction.

I think that Jose Baez, of course, knows this. And so over and over and over. And the biggest thing he pointed out was he said no one will ever be able to tell you how Caylee died. And that's very true and that can stick in the minds of at least one or two jurors here. So, if that is the case, then I think that it is easier for him to get some to think about doubt than it is for the prosecution to get them all to agree with the idea of, say, capital murder.

LEMON: OK, Holly, firs-degree murder. Did you say capital murder? Might this be reduced then? If there is not enough evidence, enough hard evidence, and the jurors can't really agree on first-degree murder, can it be reduced to aggravated manslaughter?

HUGHES: Absolutely. They're what we call "lesser includeds". And if you don't necessarily buy the top count of the indictment, you can look at and say, well, there wasn't premeditation. There wasn't intent. She did not set out to deliberately murder her child, but she did something that was, you know, so egregious it ended in death and she should have known that.

So, therefore, you can get, you know, a lesser included. And it could even be a compromised verdict at this point. It could be, you know, six of them get in there and say, absolutely first degree. The other six say we don't think she did it, we think maybe it was an accident, she over-chloroformed the baby by mistake. And you could get up with what we call a compromised verdict.

LEMON: OK. Hey, Jane, real quick, I want to get to you because I know that you say you've been covering this long, covering this kind of stories long enough to say -- to know not to predict what a jury is going to do.

But quickly here, do you see that happening when there is so much passion from both sides in this case?

MITCHELL: Well, I do see. If you talk to a lot of people on the street, they say, yes, I think it was an accident. Not a pool drowning. But that she accidentally overdosed her on chloroform because she wanted to party.

That would be a dangerous act by a depraved mind with no regard for human life and that is the definition of second degree murder, which would get her up to 30 years. An average of 22 years in the state of Florida.

So I think that that is something that could come down. That would be perceived of perhaps as a victory for the defense. Anything that doesn't result in the death penalty. So, there's a lot of nuances here. It's not just guilty or innocent.

LEMON: All right, Jane, up against the break here. Thank you very much. And we're going to talk to all of our panel about what their predictions are, if they care to share them when it comes to the Casey Anthony trial.

More on the defense's closing arguments just ahead. Plus, some fireworks in the courtroom that you want to hear this.

But first, the reason why we're trying to get through this so quickly, we have some breaking news to tell you about -- a shooting in downtown Memphis in a very crowded tourist area. A police officer has been shot and killed and we're monitoring our affiliate there and we'll take you there live next. Don't go anywhere.

(COMMERCIAL BREAK)

LEMON: All right. This is the breaking news that we were telling you about and it is coming from Tennessee, specifically Memphis, Tennessee. There you see. Those are pictures from our affiliate WMC. And you see all of the police officers and flashing lights on the scene. We're being told that a Tennessee police officer has been shot tonight, really, in the heart of downtown Memphis.

Our affiliate WMC TV reports that the officer has died. And police are telling CNN that shots were fired after officers responded to a shooting call at the Doubletree Hotel. A shooting call at the Doubletree Hotel. This hotel, if you know the area, it is near a very crowded Minor League Baseball stadium where Fourth of July fireworks show was planned after tonight's game. And the Double Tree is across the street from the famous, we know, the Peabody Hotel. Police say a suspect is in custody.

These are live pictures. Are these live pictures from our affiliate? This is our affiliate WMC is reporting this tonight.

Again, this is at the Doubletree Hotel. It is across the street. Everyone knows the famous Peabody Hotel. It did not happen at the Peabody but in that area.

We're going to continue to follow this breaking news for you here on CNN and bring you the very latest. But here is what we know. A police officer shot tonight in downtown Memphis, and according to you are affiliate, the officer has died. Details coming up on CNN. So make sure you stay tuned.

Also tonight, up next, more of our coverage of the Casey Anthony trial. Now, we focus on the case presented by the defense.

(BEGIN VIDEO CLIP)

JOSE BAEZ, DEFENSE ATTORNEY: We're not talking about fantasy forensics anymore. We're talking about cold, hard evidence.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

BAEZ: Things are just not adding up here. Thing just don't make sense. It is so difficult for to you find the truth if it is difficult for to you find the truth. Then this case is not proven. There is reasonable doubt. And remember when I told you about this case in the very beginning. Reasonable doubt lives here. It is throughout the case. It is right here. It is with these individuals. It's with those individuals. It's everywhere. You can't trust this evidence. You can't.

(END VIDEO CLIP)

LEMON: That's Casey Anthony's defense attorney, Jose Baez, trying to raise questions and reasonable doubt in the minds of jurors. I want to welcome you back to this special report on the Casey Anthony murder trial. Our panel is still with us. Holly Hughes is here in Atlanta. And in Orlando, Jane Velez-Mitchell, Drew Petrimoulx, Martin Savidge and David Mattingly.

Drew, to you. Reasonable doubt lives here. That's what resonated today when you think about Jose Baez and his arguments today. I want to know, what happened to chloroform? All of a sudden chloroform gave way to duct tape now.

DREW PETRIMOULX, REPORTER, WDBO RADIO: Yes. Throughout this case, the prosecution really has been kind of inferring both of them could have been the murder weapon, saying that it could have been the duct tape. Also talking a lot about the searches and the high levels of chloroform were found in that car.

But today, they really honed in on the duct tape as being the murder weapon, saying the first piece over the mouth, the second piece over the nose, the third piece to plug the whole thing up so that there was no possibility of Caylee breathing.

Chloroform was only mentioned once by the prosecutor, saying that one could only hope that that chloroform was administered before the duct tape so that she didn't suffer. LEMON: Yes. Holly, let's stick with the defense, because you would think the defense wouldn't bring up the duct tape but he is. Baez is doing it and he's using George Anthony as the scapegoat. Her own father.

HUGHES: Oh, absolutely. Well, they have no problem throwing any and everybody under the bus. And it's not the bus. It's a Sherman tank, OK, Don.

LEMON: Yes.

HUGHES: They don't care anybody but Casey. Anybody but Casey. Anybody but Casey. That's what we've seen consistently in this defense case. And that's what they're there for. I mean, they are there to raise that reasonable doubt.

(CROSSTALK)

LEMON: George Anthony is the only one who had access to the duct tape. That's what he's saying.

HUGHES: That's what he's claiming. He is saying somehow George was the only one because when the police executed a search warrant at the Anthony house, that duct tape was not there. However, later on, George is seen in a videotaping up missing posters with that roll of duct tape.

So, they're saying it was in his custody and control. And like Jose Baez said in his opening, follow the duct tape. What he is saying is that will lead you to the conclusion that George Anthony disposed of this body and my client didn't know anything about it.

LEMON: Jane, you know, Baez also returned to this accidental drowning defense as well and here's what he said. He said it was a reasonable hypothesis of innocence here. So, it's the duct tape and it is the accidental drowning that Baez is trying to use. And in doing this, is he throwing George Anthony under the bus as well?

VELEZ-MITCHELL: He certainly is. He is blaming everybody he can blame. It sounds to me like he is taking a page from Johnnie Cochran in the O.J. Simpson closing arguments, where Johnnie went into this mantra "if it doesn't fit, you must acquit." And Jose Baez's mantra is "something is wrong here, something is wrong here," which, by the way, was borrowed from Cindy Anthony's 911 call when she says, "something is wrong, it smells like a dead body in the damn car."

He took that and turned it into this mantra. And he has used words like a fraud. The state's case is a fraud. He has used words like shady. So he is pointing the finger of blame just like Johnnie Cochran did, the garbage in, garbage out, saying this is shoddy police work.

And he does have a point. There were reportedly, according to the prosecution, 84 chloroform searches and they very convincingly argue, the defense did, there was only one chloroform search. And there is also the question about why the residue of the heart- shaped sticker, the outline disappeared from the duct tape when the prosecution was processing it.

So, there are a number of things that went wrong. But he really went quite a distance and even accusing the police of lying. So, it is very much like that Johnnie Cochran closing.

LEMON: And the guy who found her, Kronk -- Roy Kronk. There's a thing going on with that as well. That we're going to talk about. We'll talk about it with David Mattingly and Martin Savidge. We're hear from them next.

Also up next, why is the prosecutor in the Casey Anthony trial laughing? And what did the judge have to say about it? We're back. Two minutes.

(COMMERCIAL BREAK)

BAEZ: We're not talking about fantasy forensics anymore. We're talking about cold hard evidence. Evidence that points to one person. One person only. And he can get up here and lie all he wants and dance around the truth, but the truth is the truth. And depending on who is asking the questions, whether it is this laughing guy right here or whether it is myself.

JEFF ASHTON, PROSECUTOR: Objection.

JUDGE BELVIN PERRY, ORANGE COUNTY CIRCUIT: Sustained. Approach the bench.

I'm beginning to see that orders or anything else may not mean a hill of a bean to any of you. If it happens again, the remedy will be exclusion of that attorney from further participation in these proceedings.

(END VIDEO CLIP)

LEMON: Welcome back. What you just saw there was an angry Judge Perry issuing a stern warning to Casey Anthony's defense attorney, Jose Baez and to prosecutor Jeff Ashton.

I want to welcome back my panel now and go straight to Martin Savidge and Drew Petrimoulx. You're both there for this moment. Tell us about it, starting with you, Marty.

SAVIDGE: Well, I mean, it was a very powerful moment because Jose Baez was really on a roll. I mean, he had built up to this crescendo and he was delivering a powerful point about George Anthony. And then, of course, you see what looks like very clearly the smirking face of the prosecution.

And remember, he is right in front of Jose Baez. I mean, you may not see him in the shot but he is right in his face. And Jose simply had enough and he blew up. The problem with it is, not only, of course, he angered the judge severely and they both could get into real trouble here, but the problem is that he also, I think, threw off the momentum of his own delivery. Everything ground to a halt immediately after that.

PETRIMOULX: And, look, these guys have been at each other's -- I was going to say, these guys have been at each other's throats for three years now. It seems like they've been going at it ever since this case first started, so much so that in the past the judge has issued an order saying that they have to cut the side talk.

So, this is something we've seen not only in the past in this pretrial hearing but even in this trial. Even when they're not in when the actual court is in session, they're bickering over signs and trying to get things set up. I mean, they just -- I think they genuinely don't like each other.

LEMON: And I was just going to ask you, hadn't they been warned before? Hadn't they been warned before?

To Jane Velez-Mitchell now. Jane, let's talk about the elephant in the room. Casey didn't testify. How's that going to weigh in on the minds of the jury?

VELEZ-MITCHELL: Well, of course, it is not supposed to weigh at all. They're supposed to pretty much ignore it. That is not supposed to influence their decision. But, obviously, her standing there, sitting there, crying there, walking in and out, and the fact that she is not opening her mouth to explain all these allegations, throwing her own dad in the bus -- under the bus, her own brother under the bus, and, of course, they were not allowed to talk about molestation. The defense.

So, that was sort of another elephant in the room today, where the jurors obviously are aware that she has accused her father of this heinous act and accused her brother of this heinous act, and they're not hearing anything about it in closing arguments, because the judge says to Jose Baez, you have not offered a scintilla of truth that these acts occurred, so therefore you're not going to be able to bring it into your closing argument.

So there was a lot in the room that was sort of lurking there. Big issues that everybody had to dance around. It's true.

LEMON: Another issue, David Mattingly, CNN's David Mattingly. Cheney Mason, who's a defense attorney there said in his closing arguments, he reminded the jurors that they took an - and here's what he says, quote, "To rise above discrimination against the defendants." Regardless of what they feel about her personally, they can't be swayed by personal feelings and it is evidence, evidence, even though she didn't take the stand as Jane just talked about.

MATTINGLY: That's right. The point he was trying to make there also was that when they go into that room to deliberate, there is more involved here than just Casey Anthony. They have to uphold our system of justice, and there are rules about what they can consider and cannot consider, and what should weigh one way and what should weigh a different way.

They are going to have to pay very close attention to the judge tomorrow when he spells out the rules for what they're supposed to do and how they're supposed to go about reaching a decision. So that was the point that he was trying to make. That this is about evidence. This is about the justice system. And it is not just about this one young woman that has been sitting there in front of them for the past 33 plus days.

LEMON: Did he do a good job of making his point, Holly?

HUGHES: No. I thought it was a little late in the day for a civics lesson and I think the jury was probably asleep by the time he got up there and started talking constitution.

LEMON: All right. When we come right back, our panel's final thoughts on the trial and how they think it will all end up. Plus, details on our breaking news.

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(BEGIN VIDEO CLIP)

BAEZ: There's no dispute that Caylee has passed on. There's no dispute whatsoever about that. So, really, the key question, as it relates to all manslaughter, child abuse and murder charges that you're going to be presented with, is how did she die? What happened to her?

(END VIDEO CLIP)

LEMON: All right. Did the defense do its job? Cast enough reasonable doubt that jurors cannot convict Casey Anthony of murdering her 2-year-old daughter Caylee?

All right. In these final minutes, let's get our panelists, their predictions and the verdict and what happens next. Let's start here in Atlanta with Holly Hughes, a former prosecutor.

They do the job and we're going to hear from the prosecution again.

HUGHES: We are. Absolutely. And that's the beauty of being a prosecutor. A lot people said, oh, they didn't go on for very long today. That's a strategic move, OK. As a lawyer, you want to save your very best stuff for last, because you get to go first, defense has to go in the middle and then you get to tie it up last, Don.

So, what you get to do is you don't put all your good stuff out there and let the defense knock it down. You save it for when they can't get up afterwards.

LEMON: OK. Guilty or innocent? Give me one.

HUGHES: Guilty. No death penalty. LEMON: All right. Let's to go Jane Velez-Mitchell.

Jane, talk to me. What do you have for your closing thoughts?

VELEZ-MITCHELL: Well, I thinks it's pretty bizarre that they're going to start their deliberations on the Fourth of July. So, I think expect fireworks inside that jury room. And I'm not making predictions because you cannot predict what's going to happen in this trial from one minute to the next. So, how the heck are we going to predict how 12 people are going to decide?

LEMON: David Mattingly?

MATTINGLY: Well, Jane is right. And no two juries are alike. The last time I covered a high-profile circumstantial case like this was the Scott Peterson trial. And what caused problems for him were the lies that he told and was the strange behavior when his wife was missing. That opened the door for him to the death penalty. We'll have to wait and see what this jury finds important and what they're going to do with it.

LEMON: Talk to me about a rebuttal a moment. I know that you want to speak about it, Drew Petrimoulx.

PETRIMOULX: Yes. I was watching prosecutors prepare today and I look for them to go back to those jailhouse videos where Casey Anthony is telling her father that he is a great dad. She dismisses the pool drowning theory. And one more thing, food for thought. Three years ago tomorrow, Casey Anthony was at a firework show right over our shoulder.

LEMON: OK. And Martin Savidge, who is right there with you.

Martin, you've covered these cases just as Drew has and also David Mattingly. Drew said the last time -- he updated to the last time he saw anything like this was Scott Peterson. What are your -- what's your assessment?

SAVIDGE: Well, I agree with what has been said that you can't predict what the jury is going to do. I will say that this has been a very attentive jury. I mean, both the prosecution and the defense went out of their way to say how remarkable this jury has been. Always attentive, always taking notes, always very much focused on what is being said in the courtroom.

I don't think they're going to rush simply because it is the Fourth of July and they've been away from their families a long time. They take their job seriously.

LEMON: You know what, I want to bring this home for the two ladies here. Not that guys, you know, can't answer this. But there is a little girl who died in all of this or who was murdered, Holly.

And then, Jane, I'm going to talk to you about it as well.

Go ahead, Holly. HUGHES: Well, I think what we're going to see is Linda Drane Burdick. She stood up in the beginning of this trial. It seems like 100 years ago. It was six weeks ago, Don. And what she said is, this is not about Casey Anthony, now is the time to tell the story of Caylee Marie Anthony.

And I think that is what we're going to see tomorrow. We're going to see her circling all the way back around, coming home and saying, this is about the baby and justice for her.

LEMON: And Jane Velez-Mitchell. I am hearing that women, mostly women -- the men who are interested as well, they are DVR'ing this. They are watching it when they get home. It's because of the mother instinct and most people cannot fathom a mother killing her own child.

VELEZ-MITCHELL: And let's hope it is a cautionary tale about the dangers of getting pregnant when you're a teenager and you don't have the maturity and you don't have the finances to properly care for a child. And this is happening all over America. Teenagers having children under the wrong circumstances. And we, as a society, really need to address it.

LEMON: Jane Velez-Mitchell, Drew Petrimoulx, Prosecutor Holly Hughes here in Atlanta, Martin Savidge and also David Mattingly. Thank you so much for joining us.

A fascinating hour. I'm sure everyone is going to be glued to the television tomorrow, and I want you to remember to watch our sister network HLN for the complete coverage of the Casey Anthony trial. And you can watch Jane Velez-Mitchell on "Issues" every night 7 Eastern on HLN, our sister network.

And a quick update on some breaking news that we reported to you earlier. Reports coming out of Memphis, Tennessee, where a police officer has been shot and right in the heart of downtown. Our affiliate WMC TV reports that the officer has died. Now police tell us that shots were fired after officers responded to reports of shooting -- of a shooting at the Doubletree Hotel. The Doubletree is across the street from the world famous Peabody Hotel.

But again, it happened at the Doubletree, not at the Peabody. It is also near a Minor League Baseball stadium, which was crowded with fans who had gathered to see a game and a Fourth of July fireworks show. And police say a suspect is in custody.

Again, make sure you stay tuned to "AMERICAN MORNING" 6:00 a.m. tomorrow and also 5:00 a.m. (INAUDIBLE).

I'm Don Lemon at the CNN world headquarters in Atlanta. Thanks for watching us. I'll see you back here next weekend. Good night.