Anatomy of a Bombshell
Attorney for Casey Anthony's parents addresses Cindy's stunning testimony, prosecution and defense theories and more
This is a rush transcript from "On the Record," June 23, 2011. This copy may not be in its final form and may be updated.
GRETA VAN SUSTEREN, FOX NEWS HOST: Tonight: Explosive testimony in the Casey Anthony murder trial. Courtroom observers were gasping at this one. Casey's mother, Cindy, took the witness stand again today, making a big confession about those suspicious searches on the family computer.
(BEGIN VIDEO CLIP)
JOSE BAEZ, CASEY ANTHONY'S ATTORNEY: Do you recall in March of 2008 you doing any types of searches for any items that might include chloroform?
CINDY ANTHONY, CASEY'S MOTHER: Yes.
BAEZ: And can you explain to the ladies and gentlemen of the jury why you did that?
CINDY ANTHONY: Well, I started looking at chlorophyll. And I was concerned about my smaller dogs -- we have two Yorkie puppies. And the smallest one was having some issues where she was extremely tired all the time. And both of the dogs would eat the bamboo leaves out in the back. So I started looking up sources from the back yard that could potentially cause her to be more sleepy than it would affect the larger dog. And I started looking up chloroform -- I mean chlorophyll, and then that prompted me to look up chloroform.
LINDA DRANE-BURDICK, PROSECUTOR: Do you recall denying that you made any searches for how to make chloroform? Answer, "I didn't look up how to make chloroform, I looked up chloroform."
CINDY ANTHONY: Yes, I looked up chloroform, and the -- when you look up chloroform, you don't have to look up how to make it. On there, it tells you what the chains are.
DRANE-BURDICK: All right. You testified in the past that you looked up chlorophyll, correct?
UNIDENTIFIED MALE: Objection. Improper (INAUDIBLE)
JUDGE BELVIN PERRY: Overruled.
DRANE-BURDICK: Correct?
CINDY ANTHONY: Correct, at the same time I looked up chloroform.
DRANE-BURDICK: You suggested that the Google search engine asked you if you wanted to change the spelling of chlorophyll when you made this search, correct?
CINDY ANTHONY: Correct.
DRANE-BURDICK: Because you spilled chlorophyll wrong.
CINDY ANTHONY: Correct.
DRANE-BURDICK: Did you input the words into the Google search engine "How to make chloroform"?
CINDY ANTHONY: I don't recall putting in "how to make chloroform," but I did Google search chloroform. And we talked about it in my deposition.
DRANE-BURDICK: The question is -- and it's a yes or no -- did you type into the search bar on Google "how to make chloroform"?
UNIDENTIFIED MALE: Objection. Questions has been asked and answered twice.
JUDGE PERRY: Overruled.
DRANE-BURDICK: Did you type those words into the search bar on Google?
CINDY ANTHONY: I don't recall typing in "how to make chloroform." I recall typing in the word "chloroform."
DRANE-BURDICK: Do you recall denying that you searched for "self-defense"?
CINDY ANTHONY: Yes, I did not search for "self-defense."
DRANE-BURDICK: Household weapons?
CINDY ANTHONY: I did not search for household weapons.
DRANE-BURDICK: Neck-breaking?
CINDY ANTHONY: I did not search for neck-breaking, but I do recall that there was a pop-up that was showing a YouTube regarding a skateboarder that was skateboarding on rails, like if you're going -- like a turnstile- type rail if you're going into someplace, and the skateboarder. And I recall it saying, "a neck-breaking feat."
DRANE-BURDICK: Did you do 84 searches for the effects of chlorophyll on your animals?
CINDY ANTHONY: I didn't do 84 searches of anything. But I don't know what my computer does while it's running.
DRANE-BURDICK: OK.
BAEZ: And would you ever go on the computer after Casey would use it?
CINDY ANTHONY: The computer was left on all the time. So a lot of times, I would come home, Casey would be on the computer, and I'd ask her if I could get on for a few minutes.
BAEZ: And all of this stuff about chlorophyll and chloroform -- you had told the prosecutors about that back in 2009, did you not?
CINDY ANTHONY: Yes, I did.
BAEZ: And this is nothing new?
CINDY ANTHONY: No, it's not.
UNIDENTIFIED FEMALE: Objection (INAUDIBLE) leading (INAUDIBLE)
BAEZ: Is this anything new?
JUDGE PERRY: Sustained as to leading. Rephrase your question.
BAEZ: Is this testimony anything new?
CINDY ANTHONY: No, sir. I did tell the detectives and I did tell the state's attorney's office about the searches. And they knew that I had searched for chlorophyll, as well.
(END VIDEO CLIP)
VAN SUSTEREN: Now, the prosecution was hoping to use this evidence against Casey, trying to prove Casey made those Internet searches, possibly planning little Caylee's death. But now the defense could be blowing that theory out of the water.
Joining us is Cindy and George Anthony's attorney, Mark Lippman. Good evening, Mark.
MARK LIPPMAN, ATTORNEY FOR GEORGE AND CINDY ANTHONY: Thanks for having me back.
VAN SUSTEREN: Glad to have you here. Mark, I'm curious. In listening to that exchange between the lawyers, prosecution, defense, and Cindy Anthony, I'm curious. Did Jose Baez prepare your client? Did he go through all the computer records himself?
LIPPMAN: No, he didn't prepare my client or prep my client. All we knew was that she was going to be testifying today.
VAN SUSTEREN: Did he ever ask to talk to her?
LIPPMAN: Those are things now we are talking about that are attorney- client privilege. So unfortunately, I can't discuss those things.
VAN SUSTEREN: Well, I guess the reason why it's so curious is because one of the issues is -- I mean, Cindy, who I've met -- I like Cindy. She's -- you know, she's been -- certainly has been pleasant with me and I've enjoyed talking to her and she -- but what I'm curious about is those 84 searches and the breaking the neck. I mean, those are the things that are rather very harmful, I think, to Casey's case, and the idea that a defense lawyer would put a mother on to do that is quite bizarre.
LIPPMAN: It is bizarre. And the question after my client testified today was the -- apparently, the computer forensic specialist had conflicting information. One said it was 84 searches off of MySpace, and the other said it was 84 searches off a different website. So I'm sure the state is going to try to clear that up in the rebuttal of any of the defense claims. But my client was very affirmative that she never searched 84 times for chloroform.
VAN SUSTEREN: And she never searched for breaking neck, that phrase, right? Or did she?
LIPPMAN: Sure. No, she never searched for breaking neck. The idea was presented to her that she was doing a search and a pop-up came from a YouTube site with a skateboarder breaking his neck or something along those lines. But she didn't write "break neck" into the search bar for either Google or Yahoo, whichever search engine she was using at the time.
VAN SUSTEREN: I'm curious how the parents are doing because I know this has been brutal for them. This is their granddaughter who's dead. How are they doing?
LIPPMAN: Well, you can see from day to day the emotions across their face. Some days are easier than others. When you hear all the scientific testimony from the different witnesses the defense is putting on, you know, that's an easy day for them because they can get through that kind of testimony. But certainly, when they're going into descriptive evidence of the crime scene or the actual skull or the skeleton of Caylee, then you can see in court how it's just emotionally difficult to get through sometimes.
VAN SUSTEREN: I'm having a hard time understanding the strategy of the defense, which is to attack George Anthony, Casey's father. First there was the discussion about whether or not that he molested her. That was opening statement. Now there is the suggestion, that he has denied through you, of a mistress. I'm unclear whether that would even come in under any legal theory.
LIPPMAN: I'm not sure how it would come in, either. But certainly, this person, Krystal Holloway -- she also goes by River Cruz -- was brought up more than a year ago. And the Anthonys' previous counsel identified that my client never had anything to do with her. In December, it was brought up again, of 2010, and we came out with a statement then.
And then recently, Ms. Holloway/Cruz was seen in court apparently under subpoena. I haven't seen her since. But certainly, George has not changed his testimony or his statements that he never had an affair with this woman, never took any money from this woman, and certainly never confided in this woman.
VAN SUSTEREN: What's sort of bizarre is that -- let's say hypothetically -- and I know you deny it -- that it's all true, that he confided in her and that he said there was an accident. That's still under any legal theory under Florida law evidentiary. Would that ever come in as evidence?
LIPPMAN: No. It's circumstantial at best. It's hearsay. So I don't see how it would come in. Certainly, George Anthony is not the defendant in this case. But going along even further with that hypothetical, the claims of sexual abuse certainly don't change the fact that Caylee Anthony is dead and that Casey Anthony has been charged with the crime. So it's just more smoke and mirrors from the defense to do whatever they can to save their client.
VAN SUSTEREN: Why isn't there a better relationship between Jose Baez and the parents, or any relationship? At least from the outside, it seems like there's enormous disconnect.
LIPPMAN: Prior to about nine weeks ago, there was a relationship because Mr. Baez was the only link they had to their daughter. And since then, that link has been severed, so the relationship is tenuous, at best.
Certainly, anything that Mr. Baez and I do is -- has been reduced to writing so there's no mistaking any information passed between the parties. And from there, we're just on a -- I guess, for lack of a better term, a work relationship. There's no friendship there. There's no offer of support to Mr. Baez in particular.
But we -- my clients are not doing anything to block what Mr. Baez is doing for his client and certainly have not tried to stonewall him in any way.
VAN SUSTEREN: But it actually seems almost a little bit not just an indifferent relationship, it almost seems like that there is hostility between the two, between the parents and Jose Baez, the lawyer for their daughter.
LIPPMAN: Without going into attorney-client privileged information, one can imagine, especially prior to the trial, when we were trying to set up a meeting between my clients and their daughter prior to the trial starting and it was shut down, that even I was frustrated by the actions of Mr. Baez.
VAN SUSTEREN: Mark, thank you, sir.
LIPPMAN: Thank you very much.
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