Where Did State Lose Case Against Casey Anthony?

Panel weighs in on prosecution loss

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

(BEGIN VIDEO CLIP)

JOSE BAEZ, CASEY ANTHONY'S DEFENSE ATTORNEY: What my driving force has been for the last three years has been always to make sure that there has been justice for Caylee and Casey. Because Casey did not murder Caylee. It's that simple.

(END VIDEO CLIP) Now, that was Casey Anthony's defense attorney Jose Baez speaking at a news conference earlier today. Casey's parents' George and Cindy Anthony remained silent while the verdict was handed down and abruptly walked out of the courtroom without speaking to their daughter.

SEAN HANNITY, HOST OF “HANNITY”:

And joining me with reaction are criminal defense attorney, former member of the Casey Anthony defense team Jennifer Barringer. And former NYPD detective, the one and only Bo Dietl. Guys, good to see you.

BO DIETL, FORMER NYPD DETECTIVE: Hey, Sean.

HANNITY: Fascinating to me. And I told you this, when we discuss this once before. I did not like the open by Jose Baez.

JENNIFER BARRINGER, DEFENSE ATTORNEY: Yes, I know that.

HANNITY: All right. I thought it was disjointed. I thought it was all over. He threw out this and that and this. And then during the case, he never went back to it, which I thought would confuse the jury. But when he came out with his charts, he laid out and impeached every question he needed to impeach or contradicted and created reasonable doubt.

BARRINGER: I agree.

HANNITY: So, what happened in the interim? Because there was a major difference. And this guy Cheney Mason is unbelievable.

BARRINGER: Yes. He gave a great closing as well. Yes. He laid it out, so that basically the jurors went back in there. I have to say, when they called me and said there was a verdict, I got nervous. That was really fast.

HANNITY: That was too quick, I agree.

BARRINGER: Yes.

HANNITY: I thought it was going to be guilty.

BARRINGER: But in retrospect, apparently, they really applied the law perfectly. So, what they did was, all of the stuff that we were all talking about, the phone calls, the duct tape, the chloroform, they don't talk about it. They don't have to talk about it. Because the question is, did they prove murder? Not even did she do it. They didn't even prove that a murder occurred. They couldn't even say it was murder versus accident.

HANNITY: Then, we still don't know how the girl died.

BARRINGER: Exactly, there’s no cause of death.

DIETL: I think, really, really, really went bad was when they showed the tape over the nose and the mouth. They were trying to say, that's suffocated, and that was the course of death. Right there, they kind of blew it with the prosecution. My feelings of, my personal of, it was a very winnable case on a negligent homicide on the fact of her being negligent to prove that being a negligent homicide. Now, with that said, all these little bits of piece, my belief is, the motive again, Jeanine’s exactly right, motive means an opportunity, that's what a homicide detective puts together for the D.A. And the point is, the motive I feel is though, she wanted to go out, she wanted to be with her friends but the kid she had to take care. Why not chloroform the kid, put a little tape over her mouth, go dancing all night, then when she went to the car, I feel though the child has died of suffocation or heat exhaustion.

BARRINGER: Oh, you buy the chloroform?

DIETL: No, I buy the fact that no mother in their right mind would go thirty days without reporting their child gone. Now, you believe something as far as with the father about her drowning in the pool. What father or grandfather would take a child and throw them into the woods? You would have a funeral for a little girl. Kids die in a pool all the time.

BARRINGER: Well, you wouldn't unless you were trying to save your child.

DIETL: Why would you have to save -- I'm a detective investigator, why would you have to save your child if it was an accidental drowning?

BARRINGER: You know you've seen them charge.

DIETL: Oh, no.

HANNITY: Let me ask you this, because even though I don't think the evidence was there. She is still a top suspect. And I want questions of George Anthony. Am I wrong in my suspicion?

BARRINGER: No. I don't think you are. In fact, one of the jurors, I guess an alternate.

HANNITY: Fourteen, you would have voted the same way as.

BARRINGER: Yes. He didn't believe George Anthony. And I -- we all felt the same way.

HANNITY: Why do you share my suspicion?

BARRINGER: Well, I've always been suspicious of George. First off Casey.

HANNITY: Do you believe the abuse issues?

BARRINGER: Personally? Yes. I don't know, maybe. I hate to say I don't believe.

(CROSSTALK)

DIETL: You want to know something? I think he's an ex-sheriff or something. I don't think he was a real cop. I think he was one of the security guard.

BARRINGER: Not a real cop.

HANNITY: Real cop like you Bo.

DIETL: But no, seriously. My feelings again, and the mother tried to help her. And then, no one realized the alibi when she was at work, when the computer was being queried that time. This was an important fact to show the mother was trying to steer the jury away from the daughter.

HANNITY: At least, away from the death penalty.

DIETL: Exactly.

HANNITY: I agree.

DIETL: And there should have never been a death penalty in this case because there was no reason.

HANNITY: I wonder if they’re going to charge the mother now.

DIETL: No, they are running far away.

HANNITY: They're done.

BARRINGER: They've been bitten.

DIETL: Yes, and you want to know something? The tragedy is that little girl with those big eyes are haunting.

HANNITY: What a cute kid.

DIETL: Oh my God.

HANNITY: All right, guys. We've got to run.

DIETL: Sean, real fast, this is America man.

HANNITY: Exactly.

DIETL: And I'm so proud to be here, where a jury weighed something. I respect that jury. I'm on Jeanine's side all the time but I respect that jury for coming to back and being brave.

HANNITY: I do too. Look, they had me from the get-go because of her behavior. They had me, they just give me something, they didn't get it.

DIETL: Yes, they didn't get it.

HANNITY: And I watched it. And I look it. And I throw it in my suspicion.

DIETL: Bad prosecution.

HANNITY: All right. We gotta take a break here. And we are doing a Greta check?

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