This is a rush transcript from "On the Record ," December 17, 2008. This copy may not be in its final form and may be updated.
GRETA VAN SUSTEREN, FOX NEWS HOST: Tonight: He has direct access to Casey Anthony, and now you have direct access to him. Casey Anthony sits behind bars tonight, charged with her daughter, Caylee's, murder. Casey Anthony's lawyer, Jose Baez, joins us. Welcome, Jose.
JOSE BAEZ, ATTORNEY FOR CASEY ANTHONY: Hello, Greta. How are you?
VAN SUSTEREN: I'm very well. So Jose, we got a couple venues here. We've got the search. We've got the courtroom. And we've got the jail. We've got the home. Let me first start with the jail and your client. How is she?
BAEZ: Well, she's doing her best to keep it together. These are difficult times, and I, as her counselor, am trying to keep her focused and she's doing her best to keep together. That's really the most I can say.
VAN SUSTEREN: What does she do during the day in the jail?
BAEZ: Well, I'm not with her the entire time, but she has a very structured regimen, where she's in her cell a majority of the time and she's kept in isolation from other inmates. So I would assume most of the time is reading, just praying and trying to stay focused at what's going on in her life at this time.
VAN SUSTEREN: Jose, there are all sorts of different types of clients. There are some who just tell the lawyer, Just go ahead and do your work. There are some who are much more involved in their case. I mean, how do you describe her as a client?
BAEZ: Well, she's very involved in her case, and I -- but that's not just her. I try that with all of my clients. I think, first of all, the one knows the most about their case is them, and I try to educate them on a constant basis to -- so that way, they're familiar with the process and they understand what it is that I'm trying to do for them, and that usually makes my job a whole lot easier.
VAN SUSTEREN: How did she take the fact that the police at least suspect -- or sheriff's department -- that the bones, the skull they have found belongs to her daughter? I mean, is she just standing by and waiting for the news, or does she say anything about it? What -- how's she taking that?
BAEZ: Well, you know, as far as real detailed specifics, I know you're doing the best you can to get it out of me, but I have to tell you I have decided to try and keep a lot of that confidential because it's her privacy that I want to respect. And this is happening to her and her life, and as her attorney, I think that's just the right thing to do.
VAN SUSTEREN: All right. You should know I'm sort of carefully avoiding invading the attorney-client privilege and sort of just getting sort of, you know, your perceptions of her, not asking what she said, but - - all right, the search that's going on right now -- and yesterday in court, the other day, they mentioned a little girl's bones or something. Can you give me any sort of background information on that and what you know, whether or not this is Caylee or not?
BAEZ: Well, I -- you know, that came out with the media, and the very first thing that I thought was, Oops. They have been keeping everything close to their vest. That was what the Orange County sheriff's office attorney said. And then the sheriff's office later went on record and retracted that statement.
What our experts are telling us is that it takes two to three days to get a DNA match, and we're going up on one week now. We have -- you know, we're doing everything we can to move this process along quickly. So as far as what I know, it's been based on certain conversations, but pretty much everything that's out there is what I know right now.
VAN SUSTEREN: You don't represent the parents, do you, Jose? You just represent Casey?
BAEZ: No. They have a very good attorney named Brad Conway (ph) that is representing the family at this time.
VAN SUSTEREN: All right. The reason why I wanted to establish that is that, you know, we hear all sorts of, you know, rumors, as you might imagine, and one of them is that the parents are at risk of being charged themselves. Do you have any -- I mean, are you hearing that at all? The prosecution -- are they making those threats?
BAEZ: Well, you know, you hear rumors all the time. And I've got to tell you something, Greta. What's been going on in this case is unlike any case I've ever seen and many other attorneys that I've spoken to have ever seen. The rumors just run are rampant, so you really don't know what to believe and it's very hard to tell fact from fiction in this case. And that's -- that's been the battle that I've had to deal with from day one, is that I have this very unpopular client, and many things are being thrown out there, and it's impossible to respond to every single allegation, every single rumor.
VAN SUSTEREN: Is there any chance in your mind the case will be tried in Orlando, or are you going to have to move it out of there? And I mean, I don't know if even moving it can change the issues associated with change of venue, but do you really expect that one to be tried in Orlando?
BAEZ: Well, we certainly hope not. We've given the prosecution our motion for change of venue. They're looking it over. I believe we'll be having a hearing on that shortly. And we've laid out a specific place where we feel it's best to do this trial at. I have not disclosed that location, and I've asked that we -- I'm trying to see if we can keep that confidential, so that way, it doesn't spoil that market by pre-trial publicity. So that's the way -- that's the route we're going to take. We're going to ask that it be held confidential so it doesn't taint any prospective jurors in that specific area. And we're certainly hoping we can get it moved there.
VAN SUSTEREN: Well, I've been down there and I've seen it, and I've even been part of the media coverage, as you well know. And I think that this is one case that needs to be moved someplace in all fairness to all the parties.
VAN SUSTEREN: Thank you, Jose.
BAEZ: Thank you, Greta.
VAN SUSTEREN: Linda Kenney Baden also represents Casey Anthony. She joins us now. And Linda, we're very familiar with your husband, are we not?
LINDA KENNEY BADEN, ATTORNEY FOR CASEY ANTHONY: Yes, you are, Greta. It's Dr. Michael Baden, who's a FOX News contributor.
VAN SUSTEREN: All right. Now, we try to -- we try to create a Chinese wall between the two of you. I take it you do that, as well, at home. You're not -- or does you discuss the case at home?
LINDA KENNEY BADEN: No, actually, we don't. I see what he has to say on the media, and quite frankly, sometimes I don't like what he has to say on the media, as you can imagine. But you know, he's doing it as a scientist, and we want to respect all scientists' opinions in this case.
VAN SUSTEREN: All right. What is your role in this case? Has it been divvied up and decided who's going to do that?
LINDA KENNEY BADEN: Generally. Obviously, Jose is lead trial counsel. He'll be responsible for most things. I am going to be responsible right now with Jose for dealing with the forensic issues and the forensic experts, which we anticipate there will be a lot of in this case. Obviously, you see the crime scene. They have already announced from the sheriff's office they have hired an forensic botanist, they have hired an anthropologist, a medical examiner. Obviously, they're doing toxicologists. They have the full governmental resources of the whole FBI and Quantico behind them. So I'll be advising Jose on the analysis, advising the client on the analysis of that type of issues and what experts that we need.
VAN SUSTEREN: All right. I know you've been down there.
LINDA KENNEY BADEN: Yes, I have.
VAN SUSTEREN: Have you met your client yet?
LINDA KENNEY BADEN: No, I have not had a chance to meet her. Part of the problem was there was such a media circus when I was down there this weekend that we were being followed everywhere we went. It truly was amazing. Having been involved, Greta, in a lot of these cases dealing with high-profile clients, I have not seen anything quite like this as I have seen down in Orlando.
VAN SUSTEREN: And in terms of the prosecution, are you getting information that they are required to give you at this stage?
LINDA KENNEY BADEN: Well, not what we would like, obviously, because we have a client who is in jail...
VAN SUSTEREN: But what they're required. What they're required, right?
LINDA KENNEY BADEN: Well, what they're required to give us is discovery, and it's under a certain timeframe. However, we're learning things from the news media, given that things are being said either by the sheriff's office or we hear that sources have stated. So we don't really like learning things in the news media. We think that with a client in jail, we can certainly move this along if we had access to the discovery on a quicker pace, so that when it comes to time to try this case, we can do it sooner, not later.
VAN SUSTEREN: Linda, thank you.
LINDA KENNEY BADEN: Thank you, Greta.
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