This might explain it????Has anyone else noticed video of the the Defense's opening statement is nowhere to be found on the internet?
The closing argument with Mr. Laffy is still around.
Interesting, and not really a surprise (to me anyway).
"One other thing that might interest some of you, is how Jose Baez’s opening statement can be used against Casey Anthony in her civil trial.
The answer is that since Jose Baez was Casey Anthony’s “agent” and he gave very specific statements that could only have come from Casey Anthony, and not from inferences based on other witnesses statements, the opening statement is admissible against Casey Anthony, as if she has uttered it herself, as an “Admission by a Party Opponent.”
The leading case on this issue is United States v. McKeon, 738 F. 2d 26 (US 2nd Cir. 1984), which held that a criminal defendant’s attorney’s opening in one trial could be introduced against the same defendant in the retrial if the defendant adopted a defense that was incompatible with the original opening. This same rule has been applied to prosecutor’s opening statements. And has been applied to using criminal opening statements in subsequently related civil law suits.(See The Use of an Admission by Party-Opponent to Hoist A Prosecutor By His Own Words.)
The underlying principle behind this rule is that no party ought be able to evade the truth by changing their statements merely because it may suit their theory of the case it stands at that time."
Oct 5th, 2011 by Richard Hornsby