This is a rush transcript from "America's Election HQ," September 25, 2008. This copy may not be in its final form and may be updated.
MARTHA MACCALLUM, HOST: All right. Stepping aside from politics for a moment because there are some brand new developments to tell you about today in the Caylee Anthony case. Caylee's mother, Casey, in more legal trouble tonight.
A woman named Zenaida Gonzales(ph) is suing her for accusing her of kidnapping her child. Anthony told police months ago that she last saw her daughter when she dropped her off with a babysitter named Zenaida Gonzales. When police tracked the woman down, they could only find the only woman they could find with that name and cleared of any wrongdoing.
Here with more on this high-profile case tonight is FOX News legal analyst, Mercedes Colwin.
Mercedes, first things first. This babysitter — does she have a case against Casey Anthony?
MERCEDES COLWIN, FOX NEWS LEGAL ANALYST: Oh, absolutely. I mean, when you accuse someone of such an egregious crime, that only meant to show reputational damage. She doesn't have to go - generally, in defamation cases, you have to go and get a collection of people who say, "You know, her reputation has been damaged by this statement."
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MACCALLUM: Right.
COLWIN: This is such an outrageous accusation, one which is completely unfounded. That's why she can bring a lawsuit and basically say, "Judge, she said I was a kidnapper. It turns out it is not true. Award me damages now."
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MACCALLUM: And she said she can't get a job. She can't do anything.
COLWIN: Oh, sure.
MACCALLUM: Yes. When everyone thinks she's a child kidnapper.
(CROSS TALK)
COLWIN: Exactly - or molester. All these horrible things flow from that.
MACCALLUM: Now, what about these texts? Apparently, they are learning a little bit more about the text messaging history of Casey Anthony, who you see there sitting in court. What does that reveal about what might have happened to this child?
COLWIN: What's amazing is that there was consistent texting about her daughter right about the time that she disappeared. Suddenly, there is no mention of her daughter anymore. So out of the 553 texts, only two were pertaining to Caylee. That is more circumstantial evidence to say something happened to this child ...
MACCALLUM: Right.
COLWIN: ... at around the time she is texting. Now, suddenly, she is silent about her daughter.
MACCALLUM: That there was a change on this date when suddenly her daughter drops completely out of her language, her speaking, her sense of what is going on in her life?
COLWIN: Exactly. And also, some of the texting is pretty revealing, "I need a vacation. I'm so tired. What's going on?" And even the back and forth with her family when she turns around, she goes, "Maybe mom is right. I am an unfit mother," at around the time that Caylee was missing.
(CROSS TALK)
MACCALLUM: She did express to people that she was, you know, frustrated with being a mom. It was weighing down her social life, things along those lines, right?
COLWIN: And that certainly someday is going to come forward at that time. And I'm really surprised the prosecution hasn't moved on this case. I mean, it's amazing they —
MACCALLUM: Why haven't they? I mean, that only says to me that they don't have real evidence against her other than these circumstantial things that make it look bad.
COLWIN: I think that's exactly right. Also, no body, no case. I mean, that's what they are thinking in the back of their minds. But you've got to convince these jurors to say, you know, a mother really did kill her child. We don't have a body. We may never find the body, but look at all this overwhelming circumstantial evidence.
(CROSS TALK)
MACCALLUM: But is it odd Mercedes - you know, we heard about everything in the trunk. Now, if the child's DNA was in that trunk and the dog, you know ...
COLWIN: Right.
MACCALLUM: There was a scent that's picked up by the dog, I should say, and the investigator confirmed that, then there is no evidence of Casey in that trunk or her having anything to do with how that got in that trunk.
COLWIN: That may be the way the defense counsel will turn around and say and I really think they're going to hammer home, "Look, we don't have this child's body. We don't even know - And look, her family is still looking for her.
MACCALLUM: Right.
COLWIN: That's enough because you know her mother, despite all this feuding that she had with her daughter, is going to come forward and testify on behalf of the defense.
MACCALLUM: All right. Mercedes, thanks for the update. Mercedes Colwin -
COLWIN: Absolutely. My pleasure.
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