OTR Interviews

Could Casey Anthony's Mother Face Perjury Charges?

'On the Record' legal panel on whether Casey's mother could face legal trouble for her testimony and more

 

This is a rush transcript from "On the Record," July 5, 2011. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, FOX NEWS HOST: The jury finds Casey Anthony not guilty of killing her two-year-old daughter Caylee. But is this case really over? Remember Casey's mother Cindy took the witness stand, admitting she was the one who made those suspicious Internet searches for chloroform the searches the DA claims were made 84 times on the Anthony home computer.

Well, records show Cindy was at work during the time those Internet searches were made. So could Cindy be facing perjury charges? Our legal panel is back. Jim, would you charge Cindy?

JIM HAMMER, FORMER ASSISTANT SAN FRANCISCO DISTRICT ATTORNEY: Boy, listen, perjury really sends me through the roof. I think it happens all the time. I think defendants lie. Don't get all mad Bernie, but it's true.

(LAUGHTER)

I think witnesses lie for defendants. But having said that, if the prosecutor did that, it would look sort of like sour grapes. They lost the big case and I think they ought to think twice about it, Greta.

VAN SUSTEREN: Diana, would you - and I'll tell you before why I would not. Of course, I'm not a prosecutor, so that may be one reason. But I'll tell you why, because the fact that Cindy said that that car smelled like death showed to me this was not a mother trying to protect her child, because she wouldn't have said that and repeated it and she would have tried to soften it. So I think Cindy was mistaken, I don't think she was lying.

DIANA TENNIS, CRIMINAL DEFENSE ATTORNEY: And he was all over the place. And honestly, this was not the piece of evidence that lost the case. Why take more away from this woman? Her life is bad enough. I don't think they are going to do it and I don't think they should.

VAN SUSTEREN: Bernie, sentencing is Thursday. What would you give Casey Anthony and why?

BERNIE GRIMM, DEFENSE ATTORNEY: A year on each count consecutive, everything. Everything you can give her. She lied to the police in a homicide investigation. It doesn't get any more important than that. It was her own daughter. She should have stood up and said this is what happened, whatever that was, whatever this was and admitted to the police. Throw the book at her, and give her every day you can.

VAN SUSTEREN: And you are a defense lawyer.

GRIMM: Absolutely. I'm not her defense lawyer, but I'm a defense lawyer.

VAN SUSTEREN: Ted?

TED WILLIAMS, DEFENSE ATTORNEY: I would throw the book at her. But the fact about is she will walk out of there I believe on Thursday. I think she has already served pretty close to three years. I think for time served she will be able to walk out of there.

By the way, on Cindy Anthony, they would be stuck on stupid if they tried to charge her with perjury.

(LAUGHTER)

VAN SUSTEREN: Jim, I would also give her the maximum, because she cost taxpayers an awful lot of money in the state Florida with her stupid lies.

HAMMER: It's more than stupid.

VAN SUSTEREN: I know, it's worse.

HAMMER: Her daughter is dead and she is lying about it. And she is leading them off to Disneyworld and the rest of it. There's a real evil that went on here. Whether or not she was acquitted today didn't say she was innocent. She is lying and partying at night while her baby is dead. Something is seriously rotten here. She might have killed this girl. Prosecutors just can't prove it.

VAN SUSTEREN: And I agree. There's nothing in this that says she is innocent at all. That's not what the jury said. And it is more than just stupid. It is evil the way she lied. I agree.

Diana, what do you think that things are like for George and Cindy Anthony tonight?

TENNIS: They didn't look on the same page, Greta. They really didn't. She looked relieved. She actually smiled a little bit. I think she was more than relieved. He feels the way you would feel if you were wrongly accused by your daughter's team of doing those things. I think it is going to be harder to stick together with her out of prison than it would be if she were in prison. And I predict that family is more splintered in the future, not less.

VAN SUSTEREN: A statement was released by Mark Lippman, who is the attorney for George and Cindy Anthony. And I thought it was stunning, one part of it. It said "despite the baseless defense chosen by Casey Anthony," if that isn't a shot across the bow at their daughter.

GRIMM: It is one thing to be accused of a crime that nasty, of a sexual assault, but have it be by your own daughter. So --

VAN SUSTEREN: But the parents are now saying "despite the baseless defense chosen by Casey Anthony."

GRIMM: What happens Thursday? Knock on the door, I'm home!

VAN SUSTEREN: Does it mean they think she murdered their granddaughter?

GRIMM: It means they probably don't want to talk to her. It's a nasty accusation to make against anyone. It's certainly nasty when it's fresh.

WILLIAMS: Especially of a sexual nature. When you - that is just abhorrent, incestuous sexual relationship.

VAN SUSTEREN: It says to me the parents do not buy the defense at all. Anyway, I'm going to take the last word on that. Thank you all very much.