Now that Caylee's body has been found, will her mother's defense team explore different strategies?
December was a landmark month in the case of Caylee Anthony and the fate of her mother Casey Anthony. The prosecution -- with no recovery of a body, despite exhaustive searches -- faced an uphill battle to convict Casey. They took the death penalty off the table on December 5th. Then six days later, a breakthrough -- the remains of a body presumed to be Caylee's was found, and by December 19 they were positively ID'd. Now, a new chapter unfolds in the gripping story. Will Casey's lawyer Jose Baez and his team change their strategy now that Caylee is no longer missing?
The good news for the defense, says Judge Jeanine Pirro, is they don't have to pick one defense. "If they are saying that she did not do it, the babysitter could have done it, or it could have been some other person who took her from the babysitter."
The Anthony family may have been laying the groundwork for that defense strategy for months, employing a private investigator to follow up on various "sightings" of their granddaughter allegedly kidnapped by an ever-illusive nanny. But pinning the blame on some unknown culprit might be extremely difficult because of one piece of evidence that, says experts, collects evidence: duct tape.
"The beauty of duct tape -- no matter rain, snow, sleet -- that fingerprint will stay there," says Michael Baden, a FOX news contributor. DNA evidence can also show up if the tape was ripped using teeth.
In that case, would the defense opt for an insanity plea? That's tricky says Pirro. "Casey has no history of mental illness. You don't turn on an insanity plea on like a light bulb -- insanity isn't something you reach for when all else fails." Another reason to not opt for an insanity plea, says Pirro, is because the ploy is only successful in about "2% of the cases that it's used."
New York-based defense attorney Sanford Rubenstein said he would focus his efforts on analyzing the prosecution's evidence."You attack the evidence," Rubenstein told FOXNews.com. "You attack the DNA experts and you scrutinize the manner in which the bones were identified -- that would be the avenue of defense in my mind."
What has changed significantly for the defense, says Pirro, is the introduction of Roy Kronk, the meter reader who discovered the Caylee's remains. "The defense can claim that Kronk knows something and is trying to cover it up."
Do you think the defense will be able to convince a jury Casey Anthony is innocent?