Potential Caylee Findings: The Key to an Open-and-Shut Case for Prosecutors?

This is a rush transcript from "On the Record ," December 10, 2008. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, FOX NEWS HOST: The search for Caylee Anthony has been going on for months with the police searching the Anthony's home several times. Casey's mother Cindy gave us a tour of their home, including their backyard, back in August and talked about the police search.


CINDY ANTHONY: I was told that the dog was inconsistent here and--


CINDY ANTHONY: And inconsistent where her sandbox was.

VAN SUSTEREN: Which is where.

CINDY ANTHONY: Where it's at now, roughly.

VAN SUSTEREN: This is the sandbox?


VAN SUSTEREN: OK. So there was an inconsistent alert here?

CINDY ANTHONY: Yes, an inconsistent alert over in the corner of the house.

VAN SUSTEREN: Over near the pool?


VAN SUSTEREN: So they never had, as you understand it, an alert. They had an inconsistent alert?

CINDY ANTHONY: Yes, they had an inconsistent alert. And that why they explained to us why they brought the second cadaver dog in. the second cadaver dog did not alert the same spots that they did.


CINDY ANTHONY: Did not. And there was nothing that they found that came up with any evidence.


VAN SUSTEREN: Court prosecutor Pam Bondi and criminal defense attorney Jeff Brown join us in Florida.

Pam, Jeff-let me start with you, Pam. This is one bizarre case, from start to finish, and the mother in jail certainly does not make it seem any less strange.

PAM BONDI, PROSECUTOR: No, and it is certainly getting better for the prosecution, Greta. Every day the case is getting much better.

VAN SUSTEREN: Jeff, there has been no identification of the remains. Everyone believes it to be Caylee Anthony. It does not mean it is Caylee Anthony. We need the scientific results. But if she were your client tonight, what would you tell her? What would you tell Casey?

JEFF BROWN, CRIMINAL DEFENSE ATTORNEY: I don't know what I'd be telling her at this point. She knows what happens, and she is not happy, and she does not talking about it.

Watch Greta's interview

They are still going to have a problem legally with this case. But we all know that just because legally they may have a tough time proving that it's a homicide and not an accident doesn't meant that they'll actually have a tough time in a courtroom.

I do not see any jury coming back and buying that legal argument, even though I think it is a legal argument that is right for a judgment of acquittal.

So it's a horrible case from a defense perspective. You just have a client who is just unlikable.

VAN SUSTEREN: Pam, she isn't likeable. She never bothered to help look for her child. There is nothing sympathetic about his mother, is there?

BONDI: No, Greta. And the prosecution is going to use that throughout the trial starting from day one, starting in June when Caylee was last seen. And then when her mom was our partying and those pictures at the bars, I think that will be some of the most damaging evidence against her.

And then after the body was found, her lie after lie after lie to authorities.

VAN SUSTEREN: Jeff, I feel sorry for the grandparents. I know that they have been vilified and have maybe had some problems with the media. But we have been all over their front yard.

I actually feel bad for them. No one has accused them of any crime, but the pain that these grandparents have suffered is immeasurable.

BROWN: Yes. They have become the poster child for all the families having to go through something like a homicide. It is so hard on all of the relatives on both sides. It is still a loved one that is being convicted on a murder case, for instance.

So it is just unfortunate. These cases -- there is nothing pleasant about any of these cases, and it is the hard part of what we criminal defense lawyers do, both from the prosecutor and on the defense side. All these cases are really just misery, and this is the world we live in.

VAN SUSTEREN: And, Pam, I would expect the prosecution, if this goes to trial, will call the parents to testify against their daughter, Casey won't they? Isn't that a likely two witnesses?

BONDI: Certainly. I think they will certainly call the father, because I think he is a much more stable, better witness. The mother has been more volatile, as we were just seeing in that video, and I think she could be very inconsistent with her testimony. So they may just try to use the 911 tape and then called George Anthony.

VAN SUSTEREN: And just as an aside, she has been volatile, but when I have spoken to her, she has been perfectly-she has been upset, but I think any of the behavior that people have not liked is because she is really, really upset and troubled by this. And so my heart goes out to the grandparents, not to the mother.

Anyway, Pam, Jeff, thank you.

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