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NANCY GRACE

Anthony Defense Team Compares Her to "The Fugitive"

Aired February 6, 2009 - 20:00:00   ET

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


MIKE BROOKS, GUEST HOST: Breaking news tonight in the case of 2-year- old Florida girl, Caylee Anthony. Someone else killed Caylee? The defense is apparently sticking to this story for the tot mom`s upcoming murder trial. Although Casey Anthony`s lawyers say she cannot get a fair trial in Orlando because of publicity, today it`s the defense team who takes to the national airwaves, and what they have to say is a shocker. Not only do they compare tot mom to high-profile case of Ohio doctor Sam Sheppard and the `50s TV series "The Fugitive," but the defense team even goes as far as saying the public thinks Casey Anthony`s like terrorist Osama bin Laden. But why does the defense team want to keep the change of venue a secret? And tonight, a public memorial is finally set to remember 2-year-old Caylee Anthony.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: New details emerge in the case of 2-year-old Florida toddler Caylee Anthony. In an interview this morning, members of the tot mom`s defense team suggested that Casey Anthony has been wrongfully accused, comparing her case to that of the television show and motion picture "The Fugitive."

CASEY ANTHONY, CAYLEE`S MOTHER: Life`s not fair. People aren`t always going to be nice.

UNIDENTIFIED MALE: The attorneys for Casey Anthony say their client is innocent and that the tot mom is against the whole world.

CASEY ANTHONY: My entire life has been taken from me! Everything has been taken from me~! You don`t understand!

UNIDENTIFIED MALE: Meanwhile, is tot mom attempting to sell photos of Caylee?

UNIDENTIFIED FEMALE: Orlando affiliate WFTV reports Casey Anthony`s defense team is trying to hawk pictures of the murdered toddler to pay for her defense?

UNIDENTIFIED FEMALE: Attorney Jose Baez`s fee alone will be six figures in a case like this.

UNIDENTIFIED MALE: Anthony`s attorney, Jose Baez, is reportedly trying to market photos to the media in the hopes of financing the tot mom`s case.

UNIDENTIFIED FEMALE: The total cost of Casey`s defense could hit a million dollars, especially because of the high-powered experts Baez has hired.

CASEY ANTHONY: I`m being as strong as I can, considering the situation. It`s just hard. It`s just very hard. God, I just want to go home!

(END VIDEO CLIP)

BROOKS: Good evening. I`m Mike Brooks, in for Nancy Grace tonight. Casey Anthony`s defense team finally speaks out.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Breaking developments today in the case of 2-year- old Florida toddler Caylee Anthony. The lead defense attorneys for tot mom Casey Anthony said today that their client has been wrongfully accused, just like the character in the television show "The Fugitive."

(BEGIN AUDIO CLIP)

CINDY ANTHONY, CAYLEE`S GRANDMOTHER: It just seemed like -- from our perspective, all it seemed like from day one, you guys are building a case against Casey as a murderer. She`s not a murderer. One I know is she loves that child.

(END AUDIO CLIP)

CASEY ANTHONY: And I may have been the boss walking in here, but the roles have surely changed.

UNIDENTIFIED MALE: In other news, according to one Orlando station, tot mom Casey Anthony`s defense attorney, Jose Baez, may be trying to sell photos of the tot mom with her daughter, Caylee. CNN affiliate WFTV is reporting that Casey Anthony told Baez he can sell the photos in order to pay for her own defense.

UNIDENTIFIED FEMALE: WFTV legal analyst Bill Schaeffer (ph) says that money could be gone or close to gone. Schaeffer says selling her murdered daughter`s photos could turn the public against her even more, but Casey is facing first-degree murder.

UNIDENTIFIED MALE: One is going do what one has to do.

(END VIDEO CLIP)

(BEGIN AUDIO CLIP)

CASEY ANTHONY: Like I said, I don`t care. I will lie, I will steal, do whatever I can.

And I mean that with all of my heart.

(END AUDIO CLIP)

BROOKS: It sure seems like it. Casey Anthony is moving her lips. She`s telling a lie. Let`s go straight out to Jennifer -- Jessica D`Onofrio, reporter for CNN affiliate WKMG, for the latest. Jessica, thanks for joining us.

JESSICA D`ONOFRIO, WKMG: No problem, Mike. Well, the latest out here is that Casey Anthony`s attorneys went on the "Today" show this morning, and they compared her case to "The Fugitive." You may remember the motion picture with Harrison Ford, where he plays the doctor who is framed for killing his wife, when in actuality, his wife was killed by a one-armed man. And eventually, he is vindicated.

And that is what her attorneys are saying is the case here, that she has been wrongfully accused, Jose Baez now saying that his client -- they do have a defense for her. They do believe that they have an alternate excuse for who may have done this to little Caylee, but it is not his client. And all of that will come out in court. He doesn`t want to try this in the media, of course.

And then the other development is this public memorial. It`s set for Tuesday, 10:00 AM at the 1st Baptist Orlando church, which is actually down the street here from our station. It will hold about 5,000 people. And one of the things that they`re saying is they reserve the right to turn anyone away from this memorial. But we`re expecting a huge outcome. This has made national headlines, so it`s sure to be a very, very big event with tight security.

BROOKS: With very, very tight security. But take a listen to this.

(BEGIN VIDEO CLIP)

LINDA KINNEY BADEN, ATTORNEY FOR CASEY ANTHONY: We, as defense attorneys, we can`t discuss, like you could back in the `50s, specifically what our defense will be. We just ask everyone now to wait. She has the presumption of innocence under the Constitution, and we`ll see when we get to trial what our strategy is and we will...

UNIDENTIFIED MALE: But Linda, you made the comparison then...

(CROSSTALK)

BADEN: Absolutely, because the comparison is for everyone has to wait. You have to stop saying somebody is guilty. You have to stop saying people are bad, stop the personal attacks because we have to remember she, as she sits there, is innocent. So at the trial, you`ll find out.

(END VIDEO CLIP)

BROOKS: That`s part of the Casey Anthony defense team, Linda Kinney Baden on the "Today" show insisting that tot mom is not guilty.

Let`s unleash the lawyers, Robin Sax from Los Angeles, prosecutor and author, "Predators and Child Molesters: What Every Parent Needs to Know to Keep Your Kids Safe," Doug Burns, a noted defense attorney here in New York, and Meg Strickler, defense attorney out of Atlanta. I want to go to you, Doug.

DOUG BURNS, DEFENSE ATTORNEY: Sure.

BROOKS: What do you think of this? What do you think of them going on the "Today" show, saying that they can`t get a fair trial in Orlando, but then they go on the national media?

BURNS: Well, you`re right. I mean, it`s typical media counterpunching, Mike. In other words, you get on there, you try to get the public fascinated with the idea, Oh, my God, there is an alternate explanation, it`s going to be so interesting to see.

But your point -- very good point, Michael -- is this. How can they complain about undue publicity and therefore need to change the venue when they themselves are doing all kinds of national media? You`re right.

BROOKS: You know, absolutely. And it`s -- the whole thing just puzzles me. OK, you`ve got Baez, who`s been out there. Look, I`ve got a lot, a lot of respect for Ms. Baden, but you know, for both of them to come out in the national media today and say that they cannot get a fair trial - - now, Meg Strickler, what do you think? Will they ever be able to get an impartial jury?

MEG STRICKLER, DEFENSE ATTORNEY: It`s debatable if they`re going to be able to get an impartial jury, at this point. It`s been tried across the entire court of public opinion all over America. So the change of venue is not going to do anything from Orlando to anywhere else in Florida. I mean, both sides are talking in the media.

BROOKS: Robin Sax, the trial has to take place in Florida, correct?

ROBIN SAX, PROSECUTOR: Conceivably, unless there`s some sort of argument that is made that the whole entire state of Florida would prevent her from having a fair trial, but I think that would be a huge stretch.

BROOKS: Now, how does the whole change of venue go about? Do they petition? And who makes a final decision?

SAX: Well, what actually happens is both -- the defense would bring the motion in this case that they could not get -- their client would not be able to get fair trial in Orange County, Florida, and then make a motion for the trial to go somewhere else. And ultimately, it would be the judge`s decision. And my guess is that because of convenience of witnesses, because of evidence and law enforcement and all the people who live in Orange County, Florida, the prosecution`s going to come out and want to keep the case there, in their home court, where their evidence and their offices are accessible to them.

BROOKS: Because, Doug Burns, isn`t it very, very costly to have a change of venue?

BURNS: Yes. There`s no question about it. And I agree with the analysis rendered. Also, Michael, the test is not to find people who have not read about the case or seen it.

BROOKS: Right.

BURNS: The test is, Can you put that out of your mind and start with a clean slate and a fair shake? And people can do that even though they`ve been saturated with all of this media coverage.

BROOKS: (INAUDIBLE) to Rory O`Neill, reporter with Westwood One there in Orlando at the jail. Rory, the memorial service tomorrow -- Tuesday -- what plans are being done right now?

RORY O`NEILL, WESTWOOD ONE: Well, Mike, it`s -- there`s a lot of security that`s being brought in, in order to handle what are expected to be some large crowds for the memorial. As Jessica mentioned, the 1st Church of -- 1st Baptist Church of Orlando can hold about 5,000 people. And all them are being told, No bags allowed, no purses allowed, no cameras, no videocameras, no cell phones. And everyone will have to go through a magnetometer, a metal detector. So they are actually now thinking that perhaps they might have to open the church doors a little bit earlier than 9:00 o`clock to let that crowd in.

BROOKS: I was going to say, I`ve been to a lot of events where everyone goes through a magnetometer for presidential events up in Washington, and for 5,000 people -- 5,000 people to only have an hour to go through, I think that`s unreasonable, don`t you, Leonard Padilla?

LEONARD PADILLA, BOUNTY HUNTER: Well, it`s a situation where there`s going to be a lot of problems as far as getting the crowd in there. It`s actually 5,500 people that fit into the church, and the situation is going to be totally a security madness.

But I think -- I got to tell you this. I think Orange County is up to it, and I think if they stop the troublemakers before they even get to the sidewalk, they`ll be fine.

Let me comment on something, Mike. As far as the change of venue, Jose Baez would be so smart to go against conventional wisdom and keep the trial here in Orlando so he can route that jury to every scene that`s mentioned as a defense.

BROOKS: Right, we...

PADILLA: It would be smart.

(CROSSTALK)

BROOKS: Yes, because it`s very expensive.

PADILLA: He`s be smart to keep it here.

BROOKS: If you have a trial in Key West, Florida, and then they decide, Oh, we want to go take a look at the scene -- and you`re going to have to get everybody -- take everybody up to the scene, put them up -- hotel costs. You know, can cost $100 to $125. You know, it`s unbelievable that they would do anything -- that they would have a trial some far-away location.

PADILLA: Yes. No, he`s just looking for one juror. He just needs that one juror, and the best place to get that one juror that he`ll hang the jury with is right here in Orlando by keeping them here.

BROOKS: Back to Rory O`Neill. Now, isn`t the church actually in the jurisdiction for the Orlando police and not the Orange County, Rory?

O`NEILL: Right, but the two -- obviously, the two agencies would work together. Actually, the church is just over my shoulder, barely a block or so away. It is the largest church in the region. This is where they would hold a funeral if there`s an officer slain in the line of duty. Payne Stewart (ph), the golfer...

BROOKS: Right.

O`NEILL: ... after he died in that plane crash, his funeral was also held here. He was a big supporter of this church. So yes, it is going to be a working relationship with Orlando police and the Orange County sheriff`s office.

BROOKS: So Rory, you`re telling me that the church is -- where the memorial service is going to be held -- you said right behind you. And you`re at the jail.

O`NEILL: Correct. It`s just about a block-and-a-half away.

BROOKS: How ironic.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

CASEY ANTHONY: We`re going to get our little girl back, and she`s going to be just as she was.

JOSE BAEZ, ATTORNEY FOR CASEY ANTHONY: Casey is going through a nightmare and has been living a nightmare for the last several months.

CASEY ANTHONY: My only concern is that Caylee comes back to us and she`s smiling and she`s happy and that she`s -- that she`s OK.

BAEZ: She has a missing child. She`s also someone`s child.

CASEY ANTHONY: (INAUDIBLE) my gut every day stronger and stronger. I know we`re going to see Caylee. I know she`s coming home. I can feel it.

BAEZ: If this evidence is what it`s supposed to be, it`ll -- it`ll present itself out in court and it`ll withstand the rigors of cross- examination.

(END VIDEO CLIP)

BROOKS: I`m Mike Brooks, in for Nancy Grace. Well, the Casey Anthony defense team took to the national airwaves this morning. Take a look at this.

(BEGIN VIDEO CLIP)

BAEZ: It`s all going to come down to jury selection. Right now, what we`d like to do is keep the location that we`re asking for secret, so that way, it doesn`t get flooded by media -- more media coverage in that specific area. Right now, Orlando, it`s an unbearable place to try and try this case. It would be futile. But if we go to another location, I don`t want that disclosed, quite frankly, because that -- I don`t want to happen -- I don`t what`s going on in Orlando to happen to the new location.

(END VIDEO CLIP)

BROOKS: That`s from NBC`s "Today" show. Defense attorney Jose Baez talks about their concern that Casey Anthony cannot get a fair trial in Orlando. But I`m sorry, Mr. Baez, but it`s not up to you as to where the trial will take place. Right, Doug Burns?

BURNS: The national -- the media coverage is national in scope. So the fact of the matter is, to complain that a particular county in one of our 50 states is being unduly affected, when the case is on the national media every day, is really a silly argument.

BROOKS: I think -- I don`t agree with you very often, Doug, as you know.

(LAUGHTER)

BROOKS: But I have to agree with you on that one, big guy.

BURNS: Thank you. I appreciate that.

BROOKS: Absolutely. I want to go straight out to Jeff Gardere. Jeff, this memorial service -- everybody has been talking about George. He just got out of the hospital. He`s at home, trying to get -- trying to get better. Trying to get better. And our thoughts and prayers are with George.

JEFF GARDERE, PSYCHOLOGIST: Sure.

BROOKS: And Cindy. But is this memorial service -- to have it in a 5,000-seat location like this, where the general public -- and you know, and my concern has been that the wackos who are out in front the Anthonys` house for months and months and months on end -- they`re going to show up there. Is George going to be able to handle this, do you think?

GARDERE: I think this is going to be very difficult for George. As we all know, there was a suicide attempt on his part. At least, that`s what we`re being told. And now he`s going to be part of this service, 5,000 people strong.

Look, Mike, the bottom line is when someone comes out of a hospital after suicide attempt, you want them to be in a nice warm, familiar, fuzzy place in seclusion. So to be out on the world stage so quickly I don`t think is the healthiest or the smartest thing that one can do. But maybe he has no choice, in that they want this service to be for all of the people who`ve been concerned about this young girl, Caylee.

BROOKS: And it seems like that Cindy is driving this train on what will happen and what kind of things will go on there at the -- you know, at the memorial service. But Jeff, since he got out, what kind of treatment - - since he`s home now, what kind of treatment will he go through?

GARDERE: Well, I don`t know if they had him on any kind of antidepressants or any anti-anxiety medication. So if he is taking some sort of psychotropic, he`ll need to take that. But if nothing else, when we do a discharge summary on someone, we make sure that they continue getting out-patient care, which is at least psychotherapy one time per week.

BROOKS: And I hope he does get the help that he really does need.

GARDERE: Absolutely.

BROOKS: I want to go straight out to Pat Brown, criminal profiler and author of "Killing for Sport." Pat, at this memorial service -- you just heard my concern about the whack jobs and everything and the other people. How are they going to keep people out?

PAT BROWN, CRIMINAL PROFILER: Well, that`s a good question. That`s an awful lot of people. First of all, I`d like to say this is Cindy`s day. This has nothing do with Caylee, it has do with Cindy being the queen of this big occasion, which I think is rather a sham and absolutely horrible.

And secondly, I agree with you. It could be very dangerous. Remember John Mark Karr, how he wanted his face, like, next to JonBenet in the newspaper? All it takes is one of these obsessed people, obsessed about little Caylee to say, I want to do something to little Caylee, and I want to be with her. And that`s what they`re going to have to really protect against, some nut case coming out and doing something like that.

BROOKS: I want to go back out to Jessica D`Onofrio from WKMG, CNN affiliate. Jessica, is there a do-not-admit list? Or how -- you know, are they going to have someone from the Anthony family -- Lee or Cindy or George -- standing there saying, OK, this one come in? No, you can`t come in. This one stays. No, you can`t come in. How are they going to do this?

D`ONOFRIO: That`s a really good question, Mike. There is a do-not- admit list. We don`t know who`s on that list, but we can kind of make a couple guesses. I mean, there are a lot of people who have come in this case and have really upset Cindy and George Anthony and a lot of people in the family. There are people they don`t want there likely on that day to upset anyone any further. As you mentioned, George could have a lot of trouble going to that, you know, with the protesters that were in front their home.

I mean, they really don`t want people to come there and cause trouble, people who`ve been on national news programs, for instance, who they can readily identify that they might not -- who they might not want there. So there could be some kind of list that`s given to the front door. We don`t know.

BROOKS: Leonard Padilla, bounty hunter, are you on that list?

PADILLA: The thing I was told, that I`m the only name on the list so far. There`s talk that they`re going to add Marc Klaas and Dakota`s (ph) grandmother to it. But so far, I`m the only one on the list that has been told officially that I cannot appear. Which, OK, that`s fine. As far as I`m concerned, it`s Cindy`s memorial, not Caylee`s.

BROOKS: Who`s making this list, do you know?

PADILLA: Cindy.

BROOKS: Cindy is making the list. And who`s going to be there enforcing it? Have you heard that?

PADILLA: Cindy herself said that she would stand at the front door and keep me out.

BROOKS: So she`s going to be...

PADILLA: And I -- she doesn`t -- she doesn`t have to, believe me. I`m not going.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: They will always stand by their daughter. And I want to ask people to think about the fact that this is their only daughter and their only granddaughter, and their only daughter is charged with the first-degree murder of their only granddaughter. That`s not -- that`s not something that you can imagine. I mean, you can think about it, but to actually be there is -- is horrendously difficult.

(END VIDEO CLIP)

BROOKS: I`m Mike Brooks, in for Nancy Grace. I want to go straight out to Rory O`Neill, reporter for Westwood One radio. Rory, back when Orange County CSI and the FBI`s evidence response team were out there working, the defense team says, Oh, we want to come out and see what you`re doing. And the judge said, No, that`s not going to happen. But the judge said, Look, after they`re done, you can come right out.

So after the FBI and Orange County CSI were done at the scene where Caylee`s remains were found, they said to the defense team, Come on out. They never showed up. And then last week, we hear in court again another motion that says, Oh, we want to come out and we want to see the crime scene. Have they been out to the crime scene yet?

O`NEILL: Well, we`ve heard some stories that they`ve been out there at night, actually, working, trying to find -- collect more evidence, which would seem, you know, counterintuitive, to go there during nighttime hours. But as far as clearing out the scene or holding people back while they inspect it, went through every blade of grass that`s remaining out there -- they haven`t been doing that. I mean, the memorial that has been set up there is still there, with the toys overflowing and that type of thing, so they`ve hardly cleared the scene.

BROOKS: Yes, I know the FBI`s ERT, Evidence Response Team, in Orange County were out there at night, but they were using alternate light source, along with the orange goggles that work best at night. I`ve used those myself.

I want to go out to Dr. Marty Makary, physician and professor of public health at Johns Hopkins, joining us from Washington. Marty, at this point, if they went out to the scene, would they be finding anything at all?

DR. MARTY MAKARY, PHYSICIAN, PROF. OF PUBLIC HEALTH, JOHNS HOPKINS: You know, we have an expression in forensic medicine, Mike, Don`t cast a net that`s too large, because you don`t want to find stuff that`s going to complicate the case. If you search every blade of grass, you`re going to find some DNA, DNA from animals, plants, DNA from some hunter that might have been in the region, DNA from some sort of tissue particles. So you don`t want to complicate what is already a pretty clean-cut autopsy result. And the autopsy is in.

BROOKS: But would -- would it do them any good to go out with a botanist or an entomologist to take a look at plant growth, what kind of -- what kind of bugs are there, this time of the year?

MAKARY: They`ve had forensic anthropologists, forensic entomologists from the University of Florida and Central Florida review this in detail. And the verdict is in on the autopsy. It is a homicide of unknown cause.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

NATISHA LANCE, NANCY GRACE PRODUCER: This is a huge church. They have their own video facility. As a matter of fact, they`re going to be the ones providing the pool for all of the local media out here.

NIKKI PIERCE, REPORTER, WDBO RADIO: There will be no cell phones, no cameras, no video cameras allowed. You`re going to have to walk through metal detectors at the doors when you go inside. They also are not allowing you to bring purses, bags, backpacks of any kind. And also the Anthonys are reserving the right to refuse entry to anybody that they desire.

BRAD CONWAY, ANTHONY FAMILY ATTORNEY: I hope that Tuesday is the beginning of closure on this part of the grieving process for the Anthonys. There`s never closure to losing somebody that`s close to you especially a child that didn`t even reach 3 years old.

This little girl has touched everybody`s hearts. Everybody that looks at her, that hears her, can`t help feeling for her and for the Anthonys. So I hope that Tuesday is the beginning of the next step of the grieving process for them.

And I also hope that for the public, they are able to show up and realize that it`s about Caylee Anthony and nobody else. And they`re able to give their respects and their tears and their prayers for her and that everybody is able to take the next step from here.

(END VIDEO CLIP)

MIKE BROOKS, GUEST HOST: I`m Mike Brooks in for Nancy Grace.

Well, that was Attorney Brad Conway earlier today at a press conference, talking about the memorial service. He also said during that, during that presser that the remains of Caylee Anthony will not be at that service. And we don`t know what is going on with the remains. Right now we don`t know if she`s still at the funeral home. We don`t know if she`s been cremated. We just do not know at this point.

And they`re talking about having a private memorial service, a private burial service, if you will, just with the family some time after this public memorial.

I want to go back out to the lawyers. I want to ask you first, Robin Sax, prosecutor and author, "Predators and Child Molesters." This whole -- some other dude, or dudette did it, you know, what do they have to go on?

ROBIN SAX, PROSECUTOR, AUTHOR OF "PREDATORS & CHILD MOLESTERS": Well, the way that the case has been structured so far, thanks to tot mom, is by alleging the Zenaida defense.

She`s picked that she is going to point the finger at a Zenaida. Whether it`s this Zenaida, the one that filed the case, the civil slander case, or not is what remains to be the mystery for all, but I think that it`s pretty clear that that`s route that she`s going, which to me is pretty unbelievable.

Really a much better defense would have been an accidental, a mental defense, but today as we heard from Linda Baden herself they basically came out and came out with punches, saying they`re not only going to not prove that she`s not guilty but they`re going to prove her innocence. And that`s going right at Zenaida.

BROOKS: Well, you know it`s like Leonard Padilla says, all it take is one. Take a listen to this.

(BEGIN VIDEO CLIP)

CINDY ANTHONY, CASEY ANTHONY`S MOTHER: Do you think she`s going to change her mind and let her -- I mean, what can I say to her on the air? Because I can get one person to let me say what I need to say or what you want me to say to Zany. What do you want me to tell her that`s going to make her bring her back?

CASEY ANTHONY, MOTHER OF CAYLEE ANTHONY: Just tell her that we forgive her. That all we want is our Caylee. That`s it.

CINDY ANTHONY: That`s yesterday.

CASEY ANTHONY: Well, mom, that`s -- again, that`s all I can think of. That`s all that I can say.

(END VIDEO CLIP)

BROOKS: We forgive her. That`s Zany the nanny who`s never -- who doesn`t exist. That`s what she`s talking about. Just like I said, if her mouth is moving, she`s lying.

I want to go out to Meg Strickler, defense attorney. Meg, if we know -- if they already than there`s no Zany the nanny, how can they use that as a defense?

MEG STRICKLER, DEFENSE ATTORNEY: You know what, honestly, if they have a defense here they would have already given it to the prosecutor and said, look, if -- I mean, if we`re really going to go on this argument with the one-arm fugitive thing, you know, from the `50s, then if they had evidence that really clearly exonerated Casey they would have brought it to the prosecutor`s attention, that`s what I would have done, and then this case would have gone away.

That`s clearly that`s what`s not going to here. They`re just grasping at straws in my opinion.

BROOKS: Doug, you agree with that?

DOUG BURNS, DEFENSE ATTORNEY: They`re chucking a bunch of "Hail Maries," Michael, down the football field and nobody`s catching them right now. I mean, look, if they come up with something at trial in the courtroom, that`ll be different because we do try cases in court. But to be throwing these prayers, you know, in media formats, I don`t think it`s doing them any good whatsoever, Mike.

BROOKS: I want to go back out to Rory O`Neill, reporter with Westwood One Radio.

Rory, we`ve heard that Casey Anthony and her defense team have been shopping around media outlets to make money with photos of Caylee. What do you know about that?

RORY O`NEILL, REPORTER, WESTWOOD ONE RADIO, ON LOCATION FROM TOT MOM JAIL: Right, it`s -- well, it`s some of that they`ve actually already done in the past. It`s these licensing fees that they normally exchange for interviews that we`ve seen on a number of the national programs, the networks will pay what they double license in fee for access to home movies or to still photographs that haven`t been previously released to other agencies and it`s a fast, easy way for them to raise what can, at times, be an awful lot of money.

BROOKS: Do you know how many media outlets have been shopped around already, and maybe how many have said no, we don`t want anything to do with this?

O`NEILL: Well, some media agencies already have a policy if they don`t pay in any way for interviews. But the licensing -- I`d imagine the licensing is shopped out to every network, even the different shows within the network. So, you know, one primetime show can fight against another primetime show on the same channel in these fights for licensing fees.

BROOKS: Doug Burns, if they`re shopping this around, Casey is in jail.

BURNS: Right.

BROOKS: She`s not the one shopping it around. The pictures have to be coming from someone, i.e., Cindy and George. Is this -- is this ethical of Jose Baez to be doing this?

BURNS: Yes, no, I was going to say that, Michael, that does raise a lot of ethical concerns. I mean, you know, the flat-out prohibition, which is, you know, a defendant profiting from the crime, as you have pointed out, and others kicks in, you know, upon conviction. So I`m not talking about that.

However, I think -- first of all from a public relation`s standpoint, I think it could seriously backfire on Mr. Baez when the public finds out that he may be trying to garner his fees through selling photographs. The general ethical thing right now is probably not technically unethical.

BROOKS: Robin Sax, do you think it`s just inexperience with Jose Baez, who`s only been attorney for three years?

SAX: It could be. I mean, given the fact that they`ve gone the route accusing that some other dudette, Zany the nanny did it, that -- in order to actually assert that defense, tot mom is going to have to testify. And tot mom`s going to have to get on the stand and actually point the finger at someone else, which then, as a source of impeachment, that the cross- examination right then and there, are we going to ask, are you profiting off of this case?

And we`re going to start getting into that right there on the stand, which to me putting that out there goes way more to the jury of public opinion. Now that`s going to the real jury.

BROOKS: But, Robin, hasn`t she already basically impeached herself? And they could bring in all the -- all the lies she`s been telling? Can that all be admitted in court when it goes to trial?

SAX: Absolutely. And as a matter of fact, you`re going to hear, I`m sure, she`s going to get impeached with the crimes of moral turpitude with her theft, with her fraud, every lie. I mean every time she opens her mouth, she had lies, so every single one of those lies is going to come in. But how does -- how do you prove someone else did it without putting her on the stand?

BROOKS: Rory O`Neill, reporter for Westwood One Radio, do we know where Zenaida Gonzalez is right now?

O`NEILL: No, well not particularly. She has been -- she`s still around locally. And her lawyer has been making the rounds as of late. John Morgan has been appearing with NANCY GRACE just week. So they are still trying to mount their case.

Now there had been some legal filings on Casey`s behalf from her civil defense team trying to get that case against her, the civil case tossed out. They`re saying that the case should be thrown out on merit. They want sanctions against the lawyer. And they`re seeking to get paid back for the expense, their legal expenses has paid so far.

BROOKS: Yes, like that`s going to happen.

We`re going back out to Jessica D`Onofrio, reporter for CNN affiliate WKMG. The money for tot mom and her commissary account just keeps rolling in.

JESSICA D`ONOFRIO, REPORTER, CNN AFFILIATE WKMG: Oh, absolutely. People are -- contribute.

(CROSSTALK)

BROOKS: Do we who know these people are?

D`ONOFRIO: They`re coming from all around the country. Contributing money to her account. I believe it`s up to -- about $500 now. But I do.

BROOKS: Yes, $445 right now.

D`ONOFRIO: Right.

BROOKS: Wish I had 445.

D`ONOFRIO: I do want to make a point about her defense, though. I mean we`ve been hearing for months now that her friends may have borrowed her computer. Her friends had had access to her car.

So I wouldn`t be surprised if the defense starts to pull that out when this trial comes to fruition claiming that, you know, plenty of people had access to her computer to look up chloroform, to look up neck breaking, to take her car. Maybe put the child in the trunk. So I`m looking for at trial what they`re going to start to bring that up.

BROOKS: Oh yes. And they`re going it talk about a chain of custody especially Linda Kenney-Baden, I mean, when she.

D`ONOFRIO: Absolutely.

BROOKS: Her as a specialist, when it comes to forensics, we know her noted husband.

D`ONOFRIO: Right.

BROOKS: You know, I -- I just think she`s going to challenge every piece of evidence that they have. But I still think the prosecution has a strong case.

(COMMERCIAL BREAK)

BETHANY MARSHALL, PSYCHOANALYST, AUTHOR OF "DEALBREAKERS": Grieving is remembering. When you grieve, you remember all the wonderful memories with the lost loved one. And as you remember and you instill those memories with meaning, like, remembering her favorite food or a time that you took her to the park, all those memories are imbued with meanings and as you do that the mind begins to accept that the person is no longer there.

You also dismantle your hopes and dreams for the future. That the hope of watching her go to school for the first time or watching her get married, or have her first boyfriend or her first little friend or sleepover. So you dwell on the past and the future.

CONWAY: Security will be tight. I don`t want anybody disrupting this little girl`s service. That`s the most important thing that -- that I`ve got to emphasize. She deserves dignity and respect and she`s going to get it. So there will be metal detectors, no cameras, no cell phones, no backpacks, pocketbooks, or camcorders of any type.

(END VIDEO CLIP)

BROOKS: I`m Mike Brooks in for Nancy Grace.

I want to go straight out to the Jeff Gardere, psychologist and author of "Love Prescription." Jeff?

JEFF GARDERE, PSYCHOLOGIST, AUTHOR OF "LOVE PRESCRIPTION": Yes, Mike.

BROOKS: Does the appearance by the Casey Anthony defense team today -- do you think that has any effect at all on the family and especially George?

GARDERE: Yes, I think it does. I think, finally, this family sees that this is a circus. I think deep down inside they`ve come to the realization that something really wrong happened and their daughter was involved. And which is why George may himself have tried to commit suicide.

So I think it`s something that they`re not smiling about and they certainly are not happy that Baez and crew continue to get this kind of publicity and it benefits Baez more than it does Casey.

BROOKS: Pat Brown, a criminal profiler, what kind of person sends money, anonymous, they don`t even know her? What kind of person sends money to her in jail?

PAT BROWN, CRIMINAL PROFILER, AUTHOR OF "KILLING FOR SPORT": Well, there`s always the person who`s going to believe she is innocent and that`s the exact type of person that Baez wants to play on because one of those people could become a juror.

Baez is not concerned, Mike, about providing a good defense. He`s only concerned about confusing the jurors enough for one of them to say you know, I`m not really qualified make this choice. I`m really not -- I`m not totally sure of myself. After all, look at these big guys. He`s got in these big forensic specialists who`ve been paid $50,000 to help out.

How can I go against somebody like Dimaio, Spitz and Baden? How can I, how can I not believe those guys and believe these local, local, local forensic expert. He`s nobody. That`s what -- that`s what Baez is hoping to do.

BROOKS: Yes, and you know, I think if you`re going to spend money, and you want to donate some, you want to play a role in this, folks, send your money to a worthy cause. Like the Center for National -- National Center for Missing and Exploited Children. Help find young kids instead of sending it to her so she can sit in jail and eat her candy and -- I`ll tell you, if she keeps it going what she does, she`s going to be filling that suit jacket that she had on there the other day.

I want to go out to Leonard Padilla. Leonard, who do you think -- you`ve been pretty close to this all along -- who do you think that Baez wants to sell these photos to really?

LEONARD PADILLA, BOUNTY HUNTER, HELPED LOOK FOR CAYLEE ANTHONY: Well, two weeks ago I heard it was FOX. And as of yesterday, I heard that "Good Morning America" and NBC were in the running but let me tell you about Zenaida Gonzalez.

Yesterday I heard she`s still been living in a shelter for a few days with her kids. So it hasn`t -- you know, for other people who are making future millions, Zenaida certainly isn`t making a dollar off of this program. She lives in a shelter as of yet.

BROOKS: What kind of shelter is she living in?

PADILLA: A woman`s shelter for her and her children because she didn`t have a place to -- she got no money to pay for room. She can`t get a job. She`s also been in the hospital a couple of times. It`s really a bummer for her while -- and here`s another -- let me go back to the pictures. Those pictures have been in Jose Baez`s office. Those albums? There was a big argument between Casey and Cindy back when she was out on bail about what do with those pictures and they`ve been in Baez`s office going all the way back to August.

BROOKS: So -- they aren`t at the Anthony house.

PADILLA: No.

BROOKS: I want to go back out to the attorneys. Robin Sax, Doug Burns, Meg Strickler.

Now this morning, Linda Kenney-Baden compared Casey Anthony to Osama bin Laden. You must be kidding me, Doug?

BURNS: Well, one killed 3500 people and one may have killed one person. So I mean it`s just completely and totally ludicrous.

BROOKS: And she also compared -- Meg, she compared Baez to Hitler. And he said, the reason is because they`re both hated. You know, is Baez hated?

STRICKLER: I don`t think that Baez is hated. I just don`t think he`s got real good case here so people are not looking at him real kindly because he is facing an extraordinarily high hurdle here to try to get her out of this situation she is in.

BROOKS: And you know, and, Robin, you know, is it -- is it really good for them to come out and be making statements like that? I mean what is the public thinking especially people who were victims of 9/11. You know, some of the families right now are in Washington today talking to the presidents because you talked -- because he wanted to close down Guantanamo Bay.

How can they even make that comparison?

SAX: Well, clearly Linda Baden`s goal was only to inflame anybody, anybody who`s listening to this to draw these conclusions. That`s why we saw "The Fugitive" defense start to come trickle in because any sort of relationship that they can get to something that inflames people will work.

I find it funny that Linda Baden, the former defense attorney to Phil Specter, utilized the Hitler -- expression because Phil Specter himself did that in the case in Los Angeles when he said that the Los Angeles County D.A.`s were ostracizing him and treating them as the Nazi henchmen, if you recall.

BROOKS: But out to Jeff Gardere. What do you think -- you know the victims, the real victims of 9/11 were thinking of -- are thinking now when they hear this?

GARDERE: Wounds are still very, very raw so it was absolutely the wrong comparisons to make. It an insult to them, Mike.

BROOKS: You know, I -- have to agree with you. I mean, to me, to hearing that after I`ve lost -- I lost friends here in New York during 9/11, but right now, tonight, "CNN HEROES."

(BEGIN VIDEO CLIP)

ANNOUNCER: This is CNN Heroes.

WYNTON MARSALIS, MUSICIAN: The most essential thing for the development of kids are those things that they do that`s not school-related. Started this group (INAUDIBLE), a talent show at a young age. You can do whatever you put your mind to it.

I`m Wynton Marsalis and my hero uses jazz music to inspire the minds and souls of young folks.

DAVEY YARBOROUGH, CHAMPIONING CHILDREN: Back in the `80s one of my visual arts students was killed due to his involvement with drug trafficking. To have an element on the streets take a student that was so bright and so promising was a trigger for me to open a music (INAUDIBLE) program to take young people and nurture them on their time.

One, two, and -- I really wanted to be able to see the students develop. We have a mentoring system of professional artists. Sometimes I wonder am I really getting through? When I see that light go on in the students` face, I can wake up tomorrow and do it again.

MARSALIS: He is the next step of heroic actions. He sacrifices. He actually is fulfilling himself. The students, they all admire him and look up to him. And they love him.

ANNOUNCER: Tell us about your hero at CNN.com/Heroes.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

BROOKS: And now a look back at the stories making the rest of the headlines this week.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: A memorial service will be held on Tuesday morning at the First Baptist Church of Orlando. The attorney says the public is invited to the service, but the Anthonys and the church retained rights to refuse entry to certain people.

NANCY GRACE, HOST: I don`t blame him one bit for any of those rules. Remember all the coops that were trying to actually fistfight George Anthony in his own front yard? I mean what if they show up?

UNIDENTIFIED FEMALE: Startling developments today in the case of 2-year- old Florida toddler Caylee Anthony, tot mom Casey Anthony`s attorney, Jose Baez allegedly attempted to pass along contraband to Anthony while she was preparing for court.

JOSE BAEZ, CASEY ANTHONY`S ATTORNEY: I have nothing to hide, absolutely nothing.

SUSAN MOSS, CHILD ADVOCATE, FAMILY LAW ATTORNEY: So let`s get this straight, Jose helped her twice when he wasn`t supposed to do. He`s now giving her contraband hidden in a sock, what`s next? Is he going to give her a cake with a file in it?

UNIDENTIFIED MALE: More than 12 years after JonBenet Ramsey was found murdered in her Colorado home, Boulder Police are again taking charge of the investigation.

UNIDENTIFIED FEMALE: The district attorney that just took office a few days ago is actually handing it back to the police department. They will convene a task force to look at basics. Police notes from way in the beginning to discover and try to find out who killed JonBenet Ramsey.

UNIDENTIFIED FEMALE: New details emerged in the case of 2-year-old Florida toddler Caylee Anthony. Is tot mom`s defense attorney attempting to sell photos of her and Caylee? One Orlando station is reporting that the tot mom is willing to sell photos of her deceased daughter to pay for her own defense.

GRACE: I would like to trace that money and find out what Baez and the tot mom are doing with it.

(END VIDEO CLIP)

BROOKS: Tonight, let`s stop to remember Army Specialist Michael Gonzalez, just 20, from Spotswood, New Jersey. A military policeman, he was awarded the Army Service and Global War on Terrorism Ribbons. Remembered for his sense of humor, his high school salutes him on the wall of honor. He dreamed of being a police officer back home.

He leaves behind parents, Pedro and Aida, his brother Troy and girlfriend Tiffany.

Michael Gonzalez, an American hero.

Thank you to all our guests and thank you to you at home for being with us. See you tomorrow night 8:00 p.m. sharp Eastern, until then, stay safe.

END