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NANCY GRACE

Casey Anthony Defense Rests Without Defendant Taking the Stand

Aired June 30, 2011 - 20:00:00   ET

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


(BEGIN VIDEO CLIP)

JUDGE BELVIN PERRY, FLORIDA CIRCUIT COURT: Mr. Baez, do you intend to present any more live witnesses?

JOSE BAEZ, DEFENSE ATTORNEY FOR CASEY ANTHONY: No, sir, we do not.

PERRY: OK. Will the defendant be testifying?

BAEZ: No, sir.

PERRY: OK. I have some questions I need to ask of your client.

BAEZ: Yes, sir.

PERRY: OK. Ms. Anthony, do you understand -- first of all, is it your decision not to testify based upon consultation with your counsel?

CASEY ANTHONY, CAYLEE`S MOTHER: Yes, sir.

PERRY: You understand that your decision to testify or not testify is solely your decision and your decision alone?

CASEY ANTHONY: Yes, sir.

BAEZ: And it is your decision not to testify?

CASEY ANTHONY: Yes, sir.

PERRY: Have you had ample time to discuss this matter with your attorneys -- that is, the pros and cons of testifying or not testifying?

CASEY ANTHONY: Yes, sir.

PERRY: And has anyone used any force or pressure in making you arrive at that decision?

CASEY ANTHONY: No, sir.

BAEZ: And that decision is your decision freely and voluntarily?

CASEY ANTHONY: Yes, sir.

PERRY: OK. Thank you, ma`am.

BAEZ: The defense rests.

(END VIDEO CLIP)

GRACE: Bombshell tonight. After 13 days of testimony, the defense rests, and without tot mom. That`s right, tot mom refuses to take the stand, afraid of squaring off on cross-exam against veteran prosecutors. It`s just not the same as a 2-year-old little girl! And does tot mom call her own father a son of a bitch in open court?

George Anthony`s so-called mistress takes the stand for tot mom`s defense, admitting she lied under oath and that thousands of dollars changed hands after her story sells to "The Enquirer." As we predicted here, tot mom sets up her own mother for perjury charges, and the state now set to bring in work records showing Cindy lied under oath. She couldn`t possibly have made those deadly murder and chloroform computer searches. Her computer work records show it had to be tot mom! And in a stunning twist, we learn tot mom apparently disposes of her 2-year-old little girl exactly like all the Anthony family pets.

And finally, we see George Anthony`s suicide note. We have the suicide note. Warning! Warning tonight. Don`t shoot a bird in Belvin Perry`s courtroom. A TGI Friday (ph) spectator flips the finger in court today. Tonight, he`s in jail!

Straight out to Jean Casarez, legal correspondent, "In Session." Jean, defense rests without tot mom? Was anybody really surprised? Do you really think she had the guts to square off against a veteran prosecutor on cross-examination? It`s not like she`s got her 2-year-old girl with her anymore. This is a veteran prosecutor ready -- ready, willing and able to cross-examine her.

JEAN CASAREZ, "IN SESSION": You know, Nancy, when Casey Anthony walked through that door into court today after lunch, I looked at her demeanor. She was nervous. She had anticipation. And she seemed excited. So for the first time, I thought, Maybe she will. But she did not, but she very promptly stood up when her attorney stood up to address the judge himself.

GRACE: Well, you know, Jean, after I found out that the entire defense team was out having a nice, big, long lunch together, I knew right then they were not bringing tot mom onto the stand because they would be back there prepping her, getting her ready.

Everybody, we are live at the Orlando courthouse, bringing you the latest at the end of the courthouse day. The defense rests. Did they prove what they promised in opening statements? No way! We are taking your calls.

To Steve Helling, staff writer, "people" magazine, also in court today. Are you surprised? Not one major thing the defense promised in opening statements was proved during their case?

STEVE HELLING, "PEOPLE": You know, Nancy, I wasn`t exactly -- I`m not shocked, but I did expect that they would address some of the things that they brought up because they didn`t have to bring them up in the first place. You know, they could have just said, The state hasn`t proved their case, or something like that. But they gave us a whole new case, and so I expected to see some proof of that. And I really think, at the end of the day, we didn`t see anything that was even close to proving the things that we were promised that we were going to hear.

GRACE: Well, one thing we did hear about was from the so-called other woman, Krystal Holloway, AKA, street name, River Cruz. What have we learned from her, Jean?

CASAREZ: Well, we learned that she now says that she and George Anthony had an affair. And she said that one night, intimate moment, she`s on the floor, he`s on the couch. And he suddenly gets tears in his eyes and says, It was an accident that snowballed out of control.

But the fact is, she originally told law enforcement there was no affair, and that night went to "The National Enquirer" and then said there was an affair for $4,000.

GRACE: And isn`t it true that, upon further questioning, Jean Casarez, that we learn that George never said that`s what tot mom told her (ph). It was more like wishful thinking. He wanted to believe. He thought tot mom had done something with Caylee, and he wanted to believe it had been an accident and a cover-up. Isn`t that what finally came out on the stand?

CASAREZ: The last two questions, Nancy, by the defense -- So he knew it was an accident? Yes. And then Jeff Ashton, He never knew exactly at all what happened. Yes. So what are you left with?

GRACE: You know, I just can`t believe that Jose Baez is eliciting all this bad testimony for tot mom. It`s not helping her.

I mean, Ellie Jostad, today we learned that tot mom stands by while all the family pets are disposed of exactly the way Caylee was. A family blanket was taken and wrapped around the family pet. Then they would be triple-bagged and duct-taped around the top. What have we learned?

ELLIE JOSTAD, NANCY GRACE PRODUCER: Right, Nancy. Well, each of the family members -- George, Cindy, Lee Anthony -- all called to the stand, asked by the defense about all these various pets they`d had, going back to when they lived in Ohio, 30 years ago, and how they buried those pets when they died.

The family said -- George and Cindy said that they wrapped them in blankets, or the vet did, wrapped it in a bag. It was taped with clear packing tape, Nancy. Lee Anthony said it was duct tape, but George and Cindy said clear packing tape.

But on cross, all the family members said that Casey was part of this family tradition, that she witnessed some of these pet burials and that she knew how they disposed of them. So I think it ended up cutting both ways, Nancy.

GRACE: And somehow that`s supposed to help tot mom? To Dr. Bethany Marshall, psychoanalyst, author of "Dealbreakers." SO tot mom sees her pets, one after the next, buried in the same manner, and then we find Caylee`s body disposed of in the same manner as a family pet, at a makeshift pet cemetery, where tot mom used to hang out when she was a tween? Come on! What does that say to you, Dr. Bethany?

BETHANY MARSHALL, PSYCHOANALYST: Well, it tells -- well, two things. One, the rituals of childhood got incorporated into this alleged homicide. But secondly, she viewed her daughter like a pet. And that`s -- you know that video where they`re -- she has Casey (SIC) -- you know, she`s bouncing her on her knees and they`re kind of giggling and laughing and frolicking? That is the pet scenario. Her little girl is no more than a pet.

But like a pet, when the pet gets in trouble, you hit it with a newspaper on the nose, you send it outside. You really don`t feel that the pet has a place in the family anymore. And mothers who commit homicide have these kinds of relationships with their children. They`re paranoid. When the child pleases them and gives them unconditional love, like a dog - - dog gives -- gives -- dogs give us unconditional love. Then the mother loves the child.

When the child displeases the mother, the mother feels persecuted and tortured by the presence of the child and dispatches with the child. That is the psychology of homicide of children.

GRACE: And also, back to you, Ellie Jostad. What`s this about tot mom apparently calling her own father a son of a bitch in open court? What happened?

JOSTAD: Well, Nancy, there was a lot of argument about this, a debate about it in the media room today. Yesterday, when there was a sidebar going on during George Anthony`s testimony, some people said that they thought it looked like Casey Anthony mouthed those words, Son of a B, while they were arguing about her father`s testimony. You can clearly see her mouth something, and I guess it`s up to the viewers to decide what they think she said.

GRACE: Too Aaron Brehove, body language expert, instructor at Body Language Institute. Aaron, you`ve looked at this over and over. Is she saying, Son of a bitch here? Her eyes are watching her father leave the courtroom, and she`s got such a look on that face.

AARON BREHOVE, BODY LANGUAGE EXPERT: Well, we see her saying something, and she has this look on her face. And she definitely does have a little bit of anger there. You can see the corners of her eyebrows pulled in a little bit. What she`s exactly saying, I`m not sure. But what she`s thinking, it`s probably something along those lines. You can see a little bit of anger there.

GRACE: What about it, Natisha Lance? Oh, sorry. Natisha`s satellite is down. Let me know when we get Natisha.

Jean Casarez, what about it?

CASAREZ: You know, Nancy, it goes with the demeanor when her family is on the stand. It definitely does that.

GRACE: We are taking your calls. Out to Sharon in Florida. Hi, Sharon.

UNIDENTIFIED FEMALE: Hi, Nancy. I just want to tell you I love your show very much. I watch you every day.

GRACE: Thank you.

UNIDENTIFIED FEMALE: And your twins are gorgeous. My question is, when they first started the case, they said that her body was wrapped in black plastic bags and, like, a laundry bag. What happened to the laundry bag theory?

And also, I just wanted to let them know that I had to put a pet down for 16 -- when I had her for 16 years. And I took her to the vet, and I put her in a tote with a pillow. And they wrapped her in a black plastic bag and put duct tape around where the head was so I would know which way to bury her.

GRACE: To Jean Casarez. What about that tote bag? I recall it distinctly.

CASAREZ: The laundry -- yes, the cloth laundry bag. It was found at the remains site with the remains, right next to them. They believe some bones had been in there also. And the home had the very same laundry bag.

But Nancy, this burial of pets, the prosecution can use it. Casey is a senior in high school, saw the packaging. And a day after Caylee went missing, she borrowed a shovel from the back yard.

GRACE: Unleash the lawyers. Joining us tonight, Peter Schaffer, defense attorney, Alan Ripka, defense attorney. Why didn`t she take the stand, Peter Schaffer?

PETER SCHAFFER, DEFENSE ATTORNEY: Because the United States has something called the 5th Amendment, where a defendant never has to testify.

GRACE: I didn`t ask you if she had to.

SCHAFFER: I think that today is the best day the defense had by not putting her on. Why should she have to say anything? There`s all sorts of holes in the prosecution case. Why does she need to get up and say anything?

GRACE: OK. Also joining us, I`m just hearing my ear, is the Anthony family attorney. Hello, Mr. Lippman. Thank you for being with us.

MARK LIPPMAN, ATTORNEY FOR CINDY, GEORGE AND LEE ANTHONY: Thanks for having me, Ms. Grace.

GRACE: So why did she not take the stand, because she was facing a veteran prosecutor as opposed to a 2-year-old little girl?

LIPPMAN: I think probably the defense realized it would be a very poor choice to put her on the stand today. So they probably thought it would be a very good idea just to end with the testimony of George Anthony.

GRACE: And speaking of George Anthony, what is his response to tot mom`s apparently calling him a son of a bitch in court?

LIPPMAN: Well, there`s no proof of that. Obviously, some words were mouthed. I don`t think he knows about necessarily, but...

GRACE: That`s just as well.

LIPPMAN: ... we don`t know the context of it. Yes.

GRACE: To Alan Ripka. Why didn`t she take the stand, Alan?

ALAN RIPKA, DEFENSE ATTORNEY: Well, Nancy, I guess her attorneys were afraid that if she did, things would get worse for her. But I`ll tell you right now, every juror in that courtroom wanted to hear a mother say, I did not do it. And she should have taken the stand for that very reason.

GRACE: You know, Alan Ripka, they`re going to go into deliberations wondering why the defense didn`t put her up and make good on all those promises they made in opening statement.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Voodoo science. Voodoo science.

UNIDENTIFIED MALE: And did you have a dog named Mandy?

PERRY: You`re not saying that`s substantive evidence, are you?

BAEZ: No, judge. What I`m saying is...

UNIDENTIFIED MALE: More blah, blah, blah, blah, blah.

UNIDENTIFIED MALE: Have you ever taken a dead pet and thrown him in the swamp?

BAEZ: Your granddaughter was found with a blanket and with a plastic bag and with duct tape.

UNIDENTIFIED FEMALE: Did you put duct tape on any of the animals` faces prior to their burial?

CINDY ANTHONY, CASEY`S MOTHER: No, ma`am.

BAEZ: Did you tell law enforcement at any time over the last three years that that is the way you used to bury your pets?

UNIDENTIFIED FEMALE: I take it that you did not euthanize your own pets with chloroform?

CINDY ANTHONY: No, ma`am. We did not.

BAEZ: And how was Cinnamon buried?

UNIDENTIFIED MALE: In our yard where we used to live at.

LEE ANTHONY, CASEY`S BROTHER: She was in a black plastic bag. And I do recall there being duct tape used to secure the bag.

UNIDENTIFIED FEMALE: I take it that you did not euthanize your own pets with chloroform?

CINDY ANTHONY: No, ma`am, we did not.

UNIDENTIFIED FEMALE: Did you put duct tape on any of the animal`s faces prior to the burial?

CINDY ANTHONY: No, ma`am.

UNIDENTIFIED FEMALE: And Casey assisted you in wrapping either Cinnamon or Ginger or both, correct?

CINDY ANTHONY: I believe she was present. I think it was George and I that actually wrapped the dogs.

(END VIDEO CLIP)

GRACE: Did tot mom dispose of her 2-year-old little girl as if she were a family pet? We can thank all that evidence to the defense. That`s right, Jose Baez, in an attempt to frame George Anthony, actually ended up framing his own client, describing how she stood by, even assisting as one family pet after the next, when it was old or had to be put down, was disposed of the same way as Caylee.

We are live at the Orlando courthouse, bringing you the latest in the trial of tot mom, Casey Anthony, on trial for the alleged murder of her 2- year-old little girl.

Today, the defense rests in the last hours without tot mom, that`s right, Tot mom refusing to take the stand, afraid of squaring off with veteran prosecutors. It`s just not the same as a 2-year-old little girl, is it, tot mom?

Today, The so-called other woman on the stand, recounting her affair with George Anthony. And now she`s making all the TV rounds, somehow getting famous after allegedly sleeping with George Anthony.

But we learned, did we not, Jean Casarez, that she had lied about the affair under oath, saying it never happened, and that thousands of dollars changed hands after her story was sold to "The National Enquirer"?

CASAREZ: And there was a lot of inconsistency on that today. But here are the facts that came out. After she gave the statement to law enforcement saying she did not have an affair with George Anthony, she then went to "The National Enquirer" because they would tell her full story. So for $4,000, she was able to tell her full story, which then for the first time talked about this intimate affair.

GRACE: To Mark Lippman. This is George`s lawyer. I want to hear your response. River Cruz is out making the TV rounds. She`s not coming on this show. But I want to hear what your response is on behalf of George.

LIPPMAN: I think she`s a sad individual, and I`m surprised, after her testimony today that she didn`t want to be a part of this mess and she didn`t want to talk to the media, that she`s making the rounds now. But maybe it`s because she changed her name again to Krystal Holloway, instead of River Cruz, so really depends on who you get and which day it is.

GRACE: Well, the thing I`m concerned the most about is the fact that she lied under oath and only comes up with this story when it`s convenient to her.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: And the story is much, much better if you`re actually having an affair with George, right? The story is much sexier. It`s much more sensational.

KRYSTAL HOLLOWAY, SAYS SHE HAD AFFAIR WITH GEORGE ANTHONY: I did have an affair with George.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

CASEY ANTHONY: Would someone let me -- come on!

UNIDENTIFIED MALE: This defense is on its deathbed.

CASEY ANTHONY: Casey Marie Anthony.

GRACE: It`s down to the wire. Is tot mom going to testify?

CASEY ANTHONY: Nobody`s letting me speak!

UNIDENTIFIED MALE: They`re going to have to put her on the stand.

UNIDENTIFIED FEMALE: I think she needs to.

CASEY ANTHONY: I agree.

UNIDENTIFIED MALE: Who`s going to believe her when she takes the stand?

CASEY ANTHONY: I just want to let everyone know that I`m sorry for what I did.

UNIDENTIFIED MALE: Casey Anthony has to take the stand.

PERRY: And it is your decision not to testify?

CASEY ANTHONY: Yes, sir.

I wasn`t sure what I`d say about not knowing where Caylee was.

UNIDENTIFIED MALE: I don`t think it was any big surprise.

BAEZ: Your honor, the defense rests.

(END VIDEO CLIP)

GRACE: Welcome back. The defense rests without tot mom, with no one ever putting up evidence to prove the claims made in the defense`s opening statement, claims that George Anthony and Lee Anthony both molested tot mom in her youth, claims that George`s the one that fished Caylee`s dead body out of the back yard pool, that he disposed of the body, not tot mom.

Not one shred of evidence has been put on the stand. And at the end of the day, George Anthony has been dragged through the mud and Cindy Anthony set up for perjury charges all to help tot mom.

To Mark Lippman, the Anthony family lawyer. Mark, you know, the state is bringing in Gentiva (ph) work records, computer records, we believe, to show that Cindy was at her desk or was at work at the time those deadly computer searches were made at home for chloroform, neck breaking, and so forth. What`s your response?

LIPPMAN: Sure, and Cindy maintains that she certainly searched for chlorophyll, and then chloroform came up through that search. She also maintains that she did the other searches for the acetone, and that was based on the hand sanitizer. She wasn`t positive on the date. It was the state that suggested it was 3/17/08. But we do have information that she was actually banking that day at Bank of America, and the state does have that information, as well as the defense.

But my client certainly maintains that she did those searches and she stands by that. She hasn`t lied about, like I said, the totality of everything. She`s never lied about anything, and certainly, she`s not going to start over something that...

GRACE: Well, you know what, Mark?

LIPPMAN: ... the state already knew about in 2009.

GRACE: You know what, Mark? I`m not proud of it, but I think if Lucy or John David, my children, were facing the death penalty, I`m pretty sure I would lie for them. And I`m not saying Cindy did or didn`t. I think the records are going to speak for themselves. But before I would let them take the hit, I`d roll up my sleeve and take the needle myself. So don`t think anybody`s throwing a stone at Cindy and George.

(BEGIN VIDEO CLIP)

HOLLOWAY: He was sitting on my couch and I was sitting on the floor. And he had told me -- he had said it was an accident that snowballed out of control. But I was in shock.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

CHIEF JUDGE BELVIN PERRY, CIRCUIT JUDGE, ORANGE COUNTY: Mr. Baez, do you intend to present any more live witnesses?

JOSE BAEZ, CASEY ANTHONY`S ATTORNEY: No, sir, we do not.

PERRY: Will the defendant be testifying?

BAEZ: No, sir.

PERRY: OK. I have some questions I need to ask of your client.

BAEZ: Yes, sir.

PERRY: Miss Anthony, do you understand -- first of all, is it your decision not to testify based upon consultation with your counsel?

CASEY ANTHONY, MOTHER OF CAYLEE ANTHONY: Yes, sir.

PERRY: You understand that your decision to testify or not testify is solely your decision and your decision alone?

CASEY ANTHONY: Yes, sir.

PERRY: And it is your decision not to testify?

CASEY ANTHONY: Yes, sir.

PERRY: Have you had ample time to discuss this matter with your attorneys? That is, the pros and cons of testifying or not testifying?

CASEY ANTHONY: Yes, sir.

PERRY: And has anyone used any force or pressure in making you arrive at that decision?

CASEY ANTHONY: No, sir.

PERRY: And that decision is your decision freely and voluntarily?

CASEY ANTHONY: Yes, sir.

PERRY: OK, thank you.

BAEZ: The defense rests.

(END OF VIDEO CLIP)

GRACE: Just a little over 72 hours ago that`s the person trying to tell the court that she was incompetent to stand trial. She was so mentally ill she couldn`t communicate with her lawyer. Another fraud on the court and the jury. She was answering clear as a bell in court, lucid, her wits about her. It`s a "Hail Mary" pass in court today.

The defense rests in the last hours. The defense case is over. And the state plowing forward with rebuttal. The defense rested without tot mom. That`s right, tot mom does not take the stand, refusing to tell the jury her side, what really happened. Afraid to square off with veteran prosecutors.

It`s just not the same when it`s not a 2-year-old little girl you`re up against.

We are live in Orange County bringing you the latest of the trial of tot mom Casey Anthony and today this comes into evidence. George Anthony`s suicide note.

Now, Jean Casarez, isn`t it true that the defense puts George up, grills him about his suicide attempt, trying to suggest to the jury that he was going to commit suicide out of guilt over the disposal of Caylee`s body? That he was responsible for the whole thing.

But they fought tooth and nail, they did not want the jury to see this letter. And now we know why. Well, the state waltzes in and gets it in themselves. Long story short, we`ve got the letter. And we find out all about George`s motivations.

What did we learn in this suicide letter, Jean?

JEAN CASAREZ, LEGAL CORRESPONDENT, "IN SESSION": You know, Nancy, we learned so many things. We learned that he loved them all, and he loved Caylee, and he wanted to be with Caylee, his time on earth was finished.

But I think one thing that is so critical in this letter for the prosecution, he said, look, I`ve never been somebody that you can count on. And if somebody helped Casey cover up a tragic accident, that`s somebody you really can count on when you don`t want to tell your family and go to authorities.

GRACE: This letter written to his wife of 28 plus years, Cindy Anthony. And bottom line, what this letter tells me is that he loved Caylee more than his own life. That`s how much he loved her, he wanted to follow her to heaven. This is the man that`s been dragged through the mud by tot mom`s defense.

We are taking your calls, to Joann in California. Hi, Joanne, what`s your question?

JOANN, CALLER FROM CALIFORNIA: Hi, Nancy, how are you?

GRACE: I`m good, dear.

JOANN: I just want to let you know that I love your show.

GRACE: Thank you.

JOANN: And I have a theory. If Cindy Anthony did look up chlorophyll and chloroform, remember what she said, because she was looking it up because her dog was either sleeping all the time or very tired? Well, what if Casey chloroformed the dog first before chloroforming Caylee?

GRACE: You mean, as a practice run?

JOANN: Yes, as a practice run to see how the dog would react. To see how long --

GRACE: To Paul Penzone, former sergeant, Phoenix PD, child advocate. What about it, Paul?

PAUL PENZONE, DIRECT OF PREVENTION PROGRAMS, CHILDHELP.ORG, FMR. SERGEANT, PHOENIX PD: I think that`s a very interesting theory. It`s amazing that hasn`t come up sooner than before but that would be a practice of some criminal to try to make a dry run before they actually commit a crime.

GRACE: To Ellie Jostad. Ellie, correct me if I`m wrong. I`ve been watching and listening to every word of testimony. I didn`t hear one thing to prove, A, accidental drowning, B, George or Lee Anthony molested tot mom, C, Roy Kronk found the body, the utility meter reader, hid the body, put it back to get the reward.

None of the defense`s main cornerstones of their opening statement were proven. Not one.

ELLIE JOSTAD, NANCY GRACE CHIEF EDITORIAL PRODUCER: Right, Nancy. We got a lot of promises from the defense in their opening statement. The closest we got is George Anthony being asked if he had ever molested his daughter, he said emphatically that he did not. The other witnesses who -- Jesse Grund, for example, the former fiance, he did not testify in the jury`s presence about what he heard. So nothing to support it right now, Nancy.

GRACE: Unleash the lawyers, Alan Ripka, New York, Peter Schaffer, New York.

As a matter of fact, when the defense has Lee, brother Lee, on the stand, gentlemen, they don`t even ask him whether he ever molested tot mom, and that was one of the main things that they promised in opening statements, to explain tot mom`s bizarre behavior following Caylee`s disappearance.

We heard nothing to explain the so-called accidental death theory, not one thing, Alan Ripka.

ALAN RIPKA, DEFENSE ATTORNEY: No. And that`s a big problem. Because when you make promises to a jury in opening statements, and you`re the lawyer representing the defendant, who the jury thinks you know everything that`s gone on, and you don`t produce the evidence to support those things, you`re in big trouble.

GRACE: What about it, Peter?

PETER SCHAFFER, DEFENSE ATTORNEY: Well, I agree, I didn`t like that opening. Why set yourself up? However, it now just becomes another bad fact. You know, I ignore it and I would focus on all the problems of the prosecution`s case. Whether that`s going to be enough --

GRACE: Yes? Well, you know what? That cow`s out of the barn, Peter Schaffer.

SCHAFFER: Well --

GRACE: Because they`ve already made the promises in opening.

Hold on, one quick thing, to Dr. Vincent Dimaio, former chief medical examiner, Bear County.

Dr. Dimaio, did you hear anything -- and you reviewed the evidence -- to show there was an accidental drowning. Anything?

DR. VINCENT DIMAIO, M.D., FORMER CHIEF MEDICAL EXAMINER, BEXAR COUNTY, FORENSIC PATHOLOGIST: No, nothing. I mean, it was just thrown out speculation, a theory, but there`s absolutely no forensic proof to back that.

GRACE: Not one thing, Dr. Dimaio.

Another thing, listen, warning, don`t flip a bird in Belvin Perry`s courtroom. Some cook from TGI Friday shows up in court -- do we have the video, Liz?

And she`s a bird at Ashton, the prosecutor. And then when they asked him, Jean Casarez, when they asked -- there you go. When they asked this guy, why did he do it, he says, I don`t know.

CASAREZ: I`m so glad that Judge Belvin Perry is who he is, because this was on national television, and it showed the country, you respect the court. And you respect the process, and, Nancy, if he had done that to one of the defense attorneys with the jury present, as the jury was, we could have a mistrial.

GRACE: And bottom line, he shot a bird in court today. He`s in jail tonight. Plus a $400 fine. All I`ve got to say is, right on, Belvin Perry.

(BEGIN VIDEO CLIP)

PERRY: Why should you not be held in contempt of court for gesturing by pointing your middle index finger which you told us is the F word to Mr. Jeffrey Ashton who was at the podium at the time, in open court while this court was present? Can you tell me any reason why you should not be held in contempt of court, sir?

MATTHEW BARTLETT, HELD IN CONTEMPT OF COURT FOR GESTURING MIDDLE FINGER TO PROSECUTOR: I`m truly sorry for doing this, this is something stupid. And I don`t even -- I`m not sure why I even did it.

(END OF VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

PERRY: What is that symbol you are projecting with your fingers?

BARTLETT: Using my middle finger.

PERRY: What does it mean to you, sir?

BARTLETT: The F word.

PERRY: And who were you extending the finger to, sir?

BARTLETT: Mr. Ashton.

PERRY: Well, there was a reason why you decided to extend Mr. Ashton the courtesy of flipping him your index finger.

BARTLETT: I`m truly sorry for doing this. This is something stupid. I don`t think lowly of Mr. Ashton. I don`t understand why I did it.

PERRY: You see this sign?

BARTLETT: Yes, sir.

PERRY: And does not the sign read, any gestures, facial expressions or audible comments showing approval or disapproval during a court proceeding is absolutely prohibited? That sign is posted on the door outside, is it not?

BARTLETT: It is.

PERRY: How far have you gone in school?

BARTLETT: Twelfth grade.

PERRY: Can you read and write?

BARTLETT: Yes, sir.

PERRY: At this time, I will adjudge you to be guilty. I will sentence you to six days.

(END OF VIDEO CLIP)

GRACE: I`m sure his mother`s proud. Yes, that`s right. What`s his name? Matthew Bartlett, a TGI Friday`s employee comes to watch the trial and then distinguishes himself by shooting a bird at the prosecutor in open court.

Have you ever heard of anything like it? What disrespect. And Jean pointed that could have caused a mistrial. All these weeks of jury selection, all the evidences, the crying, the emotions, the heartbreak, all right down the drain because of this idiot shooting a bird in front of the jury?

Long story short, he shoots a bird today, he is in jail tonight, people, thanks to Judge Belvin Perry who brings down the hammer.

Here`s my next question. Natisha Lance, we see the state plowing into rebuttal which follows the defense. But is there a chance the defense is going to come back with a third rebuttal, which means a small case that follows the state`s rebuttal?

What do you know, Natisha?

NATISHA LANCE, NANCY GRACE PRODUCER: It is a possibility, Nancy. Nothing definite has been set on that yet. But we know about those records, those records from Cindy Anthony`s job that were coming in. The defense is going to have an opportunity to look over those. So it is a possibility that the defense could come back to dispute those records or whatever the state puts forward --

GRACE: Oh, please, not another defense flowchart that nobody can read, that big thin they unveiled?

OK, is that what they`re going to do, Jean Casarez? And what do you expect to hear from Cindy`s former employees -- employers, Gentiva.

CASAREZ: It is computer records of log in, log out, and e-mails sent. On two days, March 17th and March 21st. And remember she said her computer was password sensitive? Nobody else could use it.

GRACE: So bottom line, what they`re going to show, Jean, and this is all thank you to tot mom and her lead defense attorney Jose Baez, they put Cindy on the stand to take the rap for those deadly computer searches. She did it, as a mother to tot mom who will do anything to save tot mom`s neck.

She takes responsibility for chloroform, the deadly knockout drug searches for ruptured spleen, neck breaking, you name it. And now as we predicted right here, Jean Casarez, the state`s going to bring in her computer records from work to show she didn`t do those searches, it was tot mom.

CASAREZ: Those records were still around because she hasn`t been to that job since July 15th, 2008.

GRACE: And, of course, George Anthony dragged through the mud all day today.

But back to you, Steve Helling, bottom line, what will the state end up putting up on rebuttal now that tot mom hasn`t testified and the defense has proved nothing that they promised. Does the state even really need this rebuttal?

STEVE HELLING, STAFF WRITER, PEOPLE MAGAZINE: You know, I really don`t think that they do. I think that at this point everybody said their peace. Yes, they`re going to attack a few things from the defense. But we`re not looking at a lot that needs to be attacked. I think at this point the jury can make their decision.

The jury has plenty of evidence, Nancy. It has plenty of everything that they need to go back into that jury room and make a decision. And I don`t think that they really care.

GRACE: Well, I do think, Jean Casarez, that the state has a burden to bring in those Gentiva records about Cindy Anthony`s being logged into her computer when she`s taking the stand and said something different to save tot mom. I mean that`s their duty to do that. They`ve got to do that.

What else do you think the state`s going to put on, Jean?

CASAREZ: Well, I can tell you what they`re not going to do. They -- the jury is not going to be allowed to open up a can and smell death. They`re not going to be allowed to do that. The prosecutor wanted it, the judge looked at case law and said, no, because they`re becoming witnesses in this case, and we can`t do that.

GRACE: Well, see, I disagree with that. Unleash the lawyers, Alan Ripka, Peter Schaffer -- because to me -- and I usually agree with Belvin Perry`s rulings, but in this case, to me, smelling something is just like any other sense.

When you look at a crime scene photo or you see a re-enactment or you -- you know pick up the victim`s bloody clothes and you feel them, or you hear a 911 call played back in court, this is -- you smell the smell that was in the car that day. I really think they should smell it, because we`ve heard so much about it, is it or isn`t it human decomposition. Let them smell it. They`ve got it, and if the state fails, then they fail and it`s their fault.

What about it, Alan?

RIPKA: I disagree with you, Nancy, because the problem is you`re allowing the jury to speculate. What if it does smell like garbage or death? Or what if it really is old garbage? The jury would be free to determine it was death and then find her guilty because of that? It would be unfair.

GRACE: That`s a good point. What about it, Schaffer?

SCHAFFER: Well, you don`t take the jury in to doing off tops. You don`t take them into test drugs, to do fingerprint analysis. It`s evidentiary. They have to rely on the state`s experts and what they say.

GRACE: To Dr. Bethany Marshall. Bethany, you have watched this trial along with the rest of us from the very beginning. And when I saw tot mom looking on at her mother, bent over on the stand -- I think I only saw my mother cry one or two times in her whole life. I still remember it right now. It still gets me upset to remember that.

She looked on as if she were an ice cube. When her father was crying, she actually -- bring it up, Liz. I want to show Bethany how tot mom almost broke out laughing when her father basically fell off the witness stand.

What have you observed, Bethany?

BETHANY MARSHALL, PSYCHOANALYST, AUTHOR OF "DEALBREAKERS": What I`ve observed is that any time her parents indict her, disagree with her, fail to present her in a sympathetic loving light, she has nothing but hatred towards them. However when any evidence --

GRACE: Wait, wait, wait. Look at your monitor. Look at your monitor. Did you see the way she`s looking at her father?

MARSHALL: Just disgust. Don`t you think that`s disgust? But you know what`s interesting, Nancy? Whenever anything is presented that shows her in a good light or fluffs her up narcissistically, she cries.

If it`s referential to self in a positive way -- remember when Lee`s fiancee got up on the stand and described her as a good mother, she cried. When the grief expert got up yesterday --

GRACE: Please.

MARSHALL: She looked like she was close to tears --

GRACE: Yes.

MARSHALL: -- because it represented her if a positive light and as a good mother.

GRACE: And another thing about that so-called grief expert, the grief expert had never even met with tot mom. I don`t know why Belvin Perry let that in. I guess he threw a bone to the defense. But how could she render an opinion when she`s never even interviewed tot mom?

(BEGIN VIDEO CLIP)

PERRY: For purposes of appeal, sir, raise your -- well, you can`t raise your right hand. Do you solemnly swear that the testimony by the (INAUDIBLE) nothing but the truth, so help you God?

BARTLETT: Yes, sir.

(END OF VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

BAEZ: What he said was, I really believe that it was an accident and it just went wrong and she tried to cover it up.

Did you develop a relationship with Mr. Anthony?

KRYSTAL HOLLOWAY, ALLEGEDLY HAD AN AFFAIR WITH GEORGE ANTHONY: Yes, sir, I did.

BAEZ: Was this an intimate relationship?

HOLLOWAY: Yes. He had said it was an accident that snowballed out of control but I was in shock, and by the time I looked up, his eyes were filled with tears.

(END OF VIDEO CLIP)

GRACE: So in shock that she told her story to the "National Enquirer."

We are taking your calls. We are live at the Orlando courthouse. Bringing you the latest. The defense rests. That`s right. The defense rests its case after 13 days of defense testimony without tot mom. Tot mom refusing to the take the stand, afraid of what would happen on cross-exam.

You know my big question is -- and I`m going to throw this to you, Paul Penzone -- if she`s telling the truth, what`s to be afraid of?

PENZONE: Well, I understand what the defense position is going to be. But there really is nothing for her to fear. And compassion has been the most lacking thing coming from her corner this entire -- this entire trial.

GRACE: To Dr. Vincent Dimaio, in the few moments that I have left. Dr. Dimaio, you`re so well respected in your field. Do you have any doubt that this is a murder one?

DIMAIO: No, I don`t think so at all. Actually, I was approached by the defense in the beginning. And it took me about five seconds to decide I didn`t want to get involved in this mess.

GRACE: You know, Dr. Dimaio, you don`t have a dog in the fight, no skin in the game. And your opinion means a lot to us all.

Everyone, let`s stop and remember Marine Lance Corporal Dominic Ciaramitaro, just 19, South Lyon, Michigan, killed, Afghanistan. Awarded National Defense Service medal, Afghanistan Campaign medal, Global War on Terrorism Service medal.

Loved dogs. Playing with his grandmother`s Husky since a little boy. Football, hockey, favorite song, Kid Rock`s "Born Free." Leaves behind parents Debbie and John. Grandparents Sam, Marie, Susan, siblings, Salvatore, Holly, Lucy, Elizabeth, and Grace.

Dominic Ciaramitaro, American hero.

Thanks to our guests but especially to you for being with us.

And a special good night from Georgia and Arizona friends, Jo, Jane and Anne.

Aren`t they beautiful?

Everyone, we`ll see you tomorrow night. We will be camped out outside the Orange County courthouse. In our own way seeking justice for Caylee.

I`ll see you tomorrow night, 8:00 sharp Eastern. And until then, good night, friend.

END