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Imperfect Justice_ Prosecuting Casey Anthony - Jeff Ashton [166]

By Root 586 0
was lost in the trial and never made it into the hearts of the jury members in the deliberation room.

There have been many cases in the past where juries have convicted people of murder based on less evidence, cases where the exact cause of death was unknown, or even cases where the body was never found. Part of it always comes down to the random and unpredictable variable of who shows up for jury duty. I do think that the outcome was influenced by the publicity and the difficulties it created for us in jury selection that I talked about before. I remember a conversation I had when we were debating whether to try and pick a jury here in Orlando and I said, “You might be able to get a jury here, but you’re not gonna like what you end up with.” I guess what applied to Orlando applied to Pinellas County as well. Maybe we should have gone farther away. Maybe to the moon.

IN SEPTEMBER, GEORGE AND CINDY Anthony gave their first televised interview since the verdict when they appeared on Dr. Phil. Watching both of them together, I found myself thinking of that day at our office when they came in, and we’d explained to them via their lawyer what Casey would be accusing George of at trial.

I thought about the look on George’s face then, and how utterly eviscerated he’d been by both the accusation itself and the idea that his daughter would make up such an outrageous claim. I remembered the sound of Cindy’s voice as she leaned over to him and said, “I don’t know what’s wrong with her,” echoing a sentiment that everyone associated with this case had wondered at one point or another, yet it was the first time we’d heard Cindy say it. I recalled how sorry I felt for them in that moment—because they’d lost their granddaughter, but also because I could see just how hard it was for them to accept the reality of what their daughter had become.

In some ways that day at our office had changed everything and in other ways it changed nothing. While George’s demeanor toward us shifted for the better after that, Cindy’s remained largely the same. Now, months after that day, their disconnect appeared to have only grown more entrenched, and it was on full display on Dr. Phil. For anyone watching the segments, it was obvious that they were still going in opposite directions. Cindy was as rooted in her denial as ever, even going so far as to test out a brand-new “theory” about a seizure playing a role in Casey’s decision-making and Casey’s ability to help or protect Caylee. Meanwhile, George, in some of his strongest statements to date, appeared as though he was finally facing the reality he’d spent three years ignoring, saying that he felt Casey had played a role in Caylee’s death, though he could not say precisely what.

Replaying all of my various interactions with them over the years, it was hard not to feel frustrated all over again by the behavior each of them had displayed throughout this case. Difficult as they had been, though, neither of them deserved what Casey had put them through. I’m not sure how any parent bounces back from what they’ve experienced. My hope for them is that whatever their beliefs may be—whether it’s complete denial or tacit acceptance—they are able to heal and move on. To find a way to make themselves whole again. And perhaps someday, a while down the line, maybe even Cindy will finally have the fortitude and the hindsight to pick Caylee.

AS A PROSECUTOR, ONE OF the things that you never want to get good at is losing. I’m a competitive person and I like to win, but in a case like this the loss always feels worse, because the stakes are so much higher.

In many ways, it’s been strange for me during the months since the verdict to see such a high level of frustration with the verdict, one that’s usually reserved for the actual losing participants, spread across the country. On one hand it’s helpful to know that I’m far from alone in thinking that this verdict was the wrong decision. On the other hand, though, it’s odd how personally people took the decision. While I applaud everyone’s passionate support of justice

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