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Andrea Lyon

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Mob Mentality

Posted: 07/19/11 12:02 PM ET

By now, everyone has heard of the acquittal of Casey Anthony, the young mother accused of killing her 2-year-old daughter Caylee. After the prosecution reversed its decision not to seek the death penalty in December 2008 to requesting the death penalty in April 2009, I was asked to join the Casey Anthony team, as my area of expertise is death penalty defense. For a year, I and my clinical students, as well as my investigator and mitigation specialist here at the Center for Justice in Capital Cases at DePaul College of Law, worked on this case. We filed many motions attacking the request for the death penalty, and I argued, among other things, that the State of Florida should not be allowed to request the death penalty when they cannot even identify cause of death of Casey's little girl. I was forced to leave the trial team when the trial court refused to cover the clinic costs for travel, despite having found Miss Anthony to be indigent. Nonetheless, I believed in my client then, and I believe in her now.

It is amazing that Miss Anthony got a fair trial, considering the fact that the trial judge granted nearly every request that the prosecution made, allowed untested "science" at their request, allowed them to go forward with a request for the death penalty, and got a biased, pro-death-penalty jury. Despite this, the jury got it right. They voted on the evidence -- on the fact that there was no cause of death, no showing of a homicidal means of death, let alone who actually did it.

What is troubling is the public's fascination with this case, the need to make Casey a villain, and how the media have helped feed the mob mentality. In particular, nearly all the TV pundits castigated my former partner and friend Jose Baez, literally raking his personal and professional life through the coals. They landed, heavily, on any witness who spoke up in Casey's favor, making witnesses extraordinarily difficult to find and interview because everyone was afraid of the backlash from the public and the prosecution. There were exculpatory witnesses who were intimidated to the point that they feared coming forward. (Word on the street? Helping Casey Anthony is dangerous.) I was assaulted myself while investigating this case. I continue to receive hate mail of a type that is hard to imagine.

If only this level of public passion could be garnered for education reform, eliminating poverty and racial injustice, wars, our economy -- you name it. Instead, the nation remains fixated on this case. I am sorry to say that there are hundreds of little girls who go missing every year. They are killed, kidnapped or otherwise treated abominably, but we don't talk about them because they do not come from a white, middle-class, physically attractive family. And while violent crime is at its lowest in nearly 40 years, study after study has found that the media overreport on crime. It is cheap entertainment, you see, and entertainment is what we crave.

The mob rages on, with a few of us trying to stop it, but the jury voted on the evidence, and they should be lauded for doing so.

 
 
 
By now, everyone has heard of the acquittal of Casey Anthony, the young mother accused of killing her 2-year-old daughter Caylee. After the prosecution reversed its decision not to seek the death pen...
By now, everyone has heard of the acquittal of Casey Anthony, the young mother accused of killing her 2-year-old daughter Caylee. After the prosecution reversed its decision not to seek the death pen...
 
 
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HUFFPOST SUPER USER
sparkygirl91
Never apply lipstick while driving on gravel
11:13 PM on 09/03/2011
Mob mentality? To a degree. While there are thousands of "Caylees" who, sadly, have passed on in violent and abusive ways, I believe this case captured everyone's interest because it 's one that has received so much publicity. And the fact that clearly Casey Anthony has something, if not everything, to do with the death of her child, many of us feel helpless in not being able to really do anything in terms of justice for this little girl. So we vent. Can't do anything else but express our disgust at the justice system in this instance and that yet another murder of a child will go unresolved. Unless, of course, like O.J. famous and well-recorded statement, she's going to do all she can to "find the person" who killed her child. Yea, right! Anyway, that's my theory (at the risk of my Post stalker who relplies to anything I write on this case with uncalled for and offensive verbiage). As long as there are no real answers, people will be fascinated, infuriated and continue to comment.
04:08 AM on 08/01/2011
If Caylee died in the swimming pool, the entire Anthony family should be prosecuted for FRAUD - in soliciting donations from the General Public - when they knew the baby was DEAD.
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If wanting to keep all of human race alive is raci
05:56 AM on 08/01/2011
Never really thought on that side of things, I agree, I'm pretty sure all 3 (don't know about Lee) knew what was going on, but it still would be a difficult case to get a conviction. Casey is still appealing the lie conviction for lying (so as not having to testify in the civil suits) and they would have to wait till that is over(could be delayed by as long as 4yrs) then George and Cindy would blame Casey and vice versa. Ya never know though.....Good Thought.
04:05 AM on 08/01/2011
I have watched crime shows - and people get convicted on lesser amounts of circumstantial evidence - than what was presented in Casey Anthony's case.

The jury was LAZY - tired of being sequestered.
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If wanting to keep all of human race alive is raci
06:16 AM on 08/01/2011
With what, and how it was presented they made a good call. To this day nobody know who,why where when or even if it was a murder. George has just as much evidence against him as Casey(if the death were accidental,which I believe).Prosecutions theory of Caylee being killed because she was in Casey's way is suspect, Cindy the night before her disappearence got into a huge arguement about stolen money, and said she would adopt Caylee,so defense reason is shot down there, the piece of duct tape found attached to Caylee's skull had hair stuck to the adhesive side but no skin suggesting it was put on after the decomposition(that particular tape was not the weapon) and there was no chloroform except traces found in the trunk consistant with the amount found in the fabreeze Cindy clean it with, the only other chloroform was in a syringe mixed with anobolic steroids(wanna be athletes use) no witnesses, the last person to see Casey and Caylee alive together is a suspect himself. Nothing the prosecution gave was even close to proven?
07:26 AM on 08/01/2011
If it were a pedophile, last seen with little Caylee alive - then leading investigators on a wild goose chase - about where they worked, etc. and the whereabouts of the child - circumstantial evidence would have been enough to convict.

Cyndy Anthony's call to the police - smell of decomposition in the car = nurse's nose; plus tow truck company when trunk was opened.
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If wanting to keep all of human race alive is raci
11:13 AM on 08/01/2011
Now who are we refering to as the pedophile? Do pedophiles single themselves to just one victim? Without answering anything but yes or no tell me.....If u were Casey, Caylee dies unexpectantly under Georges care, and George leaves u the ultimatum, U may tell police about Caylee's death and I(George) will in turn say u are lying and that it was U who was responsible for her death, you are going to jail for 20yrs, or u may let me make cover it up, it will look like Caylee was kidnapped, and nobody in this family will be blamed, would u let him cover it up? (keep in mlind he was a ex cop, u a known liar, and u know he could cover it up)
03:12 AM on 08/01/2011
"We filed many motions attacking the request for the death penalty, and I argued, among other things, that the State of Florida should not be allowed to request the death penalty when they cannot even identify cause of death of Casey's little girl. "

***************
But yr client could identify the cause of death for her little girl.
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If wanting to keep all of human race alive is raci
06:18 AM on 08/01/2011
That would have been the way to go, safe , sound , and in my view worst than death, It could be a sentence up to 20yrs
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Shawn1978
type Conspiracy behind the subject for the truth
04:27 PM on 07/31/2011
Thank god someone pointed that out,,,I wounder if she wasnt white the media would be so eager to lynch her?
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If wanting to keep all of human race alive is raci
05:50 PM on 07/31/2011
GOOD POST!

I never really thought of that. I don't see many racial problems where i'm at but from what I've been seeing in these posts, many people talk about, if it was a little black girl would she have got as much attention,so I'm assuming that media doesn't focus so much on black victims but on the flip side I wonder as well, whether it would have been such a high profile case? Which, sadly enough boils down to her being convicted, for 20yrs as well.
Interesting observation!
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Shawn1978
type Conspiracy behind the subject for the truth
06:36 PM on 07/31/2011
yeah aall the missing kids in the media have media have been white ,,, makes me even wounder if black kids ever get abducted,i guess if i ever have a kid im going to have it play wit all the black babies seems like they are pretty safe lol.
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HUFFPOST SUPER USER
Jennifer Zirn
Agree to disagree.
07:18 PM on 07/30/2011
I so agree, the media picks and choose which child(ren) get remembered forever. The media choose this case and put it all over the news.

And in this case, people are judging everyone on the side of Casey, just because they want someone to pay for her child's death, and she is the easiest target. No one for sure knows that Casey is the villain, she is just the easiest.

Most people found her guilty before she even went to trial, there was no way that their minds would be change during her trial.
03:16 AM on 08/01/2011
Yep,.................throwing the child's body - on the side of the road - to be found - was courageous.

And to think that the taxpayers had to pick up the tab - for these ingrates - is even more outrageous.
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The Lone Stranger
Yes, I am a lousy typist. OK!
06:27 PM on 07/30/2011
If the jury had spent the same small amount of time deliberating and come back with a guilty verdict then the Defense would be arguing that Casey did not get a fair trial.
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If wanting to keep all of human race alive is raci
02:37 PM on 07/31/2011
@ The Lone Stranger

wttp://htriawww.csmonitor.com/USA/Justice/2011/0625/hWhy-ony-s-murder-as-Casey-Antl-abruptly-recessed

From this article I read yesterday, the one above and the Media Bials I can't see how she did get a fair trial let alone a not guilty verdict. Besides the junk science never been used in court there were other things prosecutors has a hand in to make sure the trial was unfair. and they still came back with a non guilty verdict .

I know we have opposing sides on this trial but this link u might find interesting,it's actually what the witness tampering allegations were about and it was not the computer analyst scandal.
07:45 PM on 07/31/2011
audio, I tried that link. It says the site no longer exists.
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If wanting to keep all of human race alive is raci
02:58 PM on 07/31/2011
Sorry Lone Star Stranger
for some reason my other post link doesn't work, this is the same article and the link does in fact work

http://www.minnpost.com/worldcsm/2011/06/27/29501/why_was_casey_anthony%E2%80%99s_murder_trial_abruptly_recessed
07:56 PM on 07/31/2011
Got it.
02:42 AM on 07/28/2011
We are not trying to utilize a mob mentality. You must understand that thousands and thousands of us watched this trial and grieved for that child right from the beginning three years ago!! When the verdict was announced, we were so baffled and outraged! We know this child was killed by her Mother and then thown in the swamp. Who,,in their right mind, would want to make an accident look like a murder!! We feel that the jury did not do their job correctly!! The circumstantial evidence was overwhelming and they did not follow the Judge's instructions properly!! We definitely want the
"Proper" justice to prevail for that child!! Little Caylee, her life and liberty were taken away by her Mother!!!
03:27 AM on 08/01/2011
I believe that the General Public is so OUTRAGED - bc EVERYONE in this country was looking for little Caylee - even though the story from the mother seemed strange.....and became stranger by the hour....stranger by the day.

The fact that Casey will not admit what happened to little Caylee - is why NO one has to have sympathy for anyone but little CAYLEE.
08:53 AM on 08/01/2011
That is correct Crawfish Festival!! We are outraged because we KNOW casey killed this child!!! Come on, it is called COMMON SENSE!!! What mob mentality, I have a mind of my own and so do many thousands of others when in our hearts, we know Justice DID NOT prevail for that child!! We will still pursue Justice for Caylee!!! And if others do not like it, well TUFF!!!
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happylonersarah
Of all the Planets, WHY was I born on this one?
01:11 PM on 07/22/2011
What a completely biased article from a defense attorney. I didn't expect anything else.
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babybelle
PureBread Mutt LOL
12:59 PM on 07/26/2011
Yep, just another one trying to make Casey the victim!
Sickening!
02:47 AM on 07/28/2011
You are so right! It is sickening!!
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If wanting to keep all of human race alive is raci
03:31 PM on 07/31/2011
I must say u stick to your guns, I would, however like to let u know where I stand, just incase u don't already know, I do believe Casey was involved, a co-conspirator if you will, however I don't know to what extent. I also believe George was involved in which I also know u feel is preposterous, My take on things is one or the other was responsible,while the other aided and abetted. Now when someone is charged with murder one, whether they actually did it (which I don't believe a murder took place) and the evidence doesn't prove whether or not a murder actually took place nor is it proven I do feel a injusice is taking place and I do feel the person being charged is that victim. As far as the mob mentality. if people can't abide by the verdicts given in a unfair trial. then u might as well have no law enforcement. You nor I can really say what happened, nor do we know as to what she is really like, we just see what we a shown through media( and I'm not referring to my favorite personality either) Mob justice is just that, they seem to know what she is like (monkey see, monkey do) when in reality it is just a need to hate.
02:45 AM on 07/28/2011
Absolutely right!!!
08:06 AM on 07/21/2011
I am an opponent of the death penalty, so I respect your work. However, just because a fringe element gets riotous or threatens violence doesn't mean the majority of law-abiding citizens who are outraged by the outcome of this trial are in the wrong.

I'm sorry you are receiving threats - that's outrageous. But, you must know that many people who become public figures - especially in a highly charged emotional issue - get hate mail and worse.

Again, it is no reflection on the millions of clear thinking people who were appalled by the verdict.
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If wanting to keep all of human race alive is raci
05:17 PM on 07/22/2011
I may be wrong, but I think she was trying to put across was more along the lines of the media fueling the fire & constantly exlploiting the defendant to the extent before she was judged by the jury,the public already had their minds made up.This caused so much havoc due the sensationalism of the story it was hard to have a fair trial. I mean if u have defense witnesses that u can't bring forward because they are in fear of their lives,thats a "lynch mob mentality".. If for instance once Casey was arrested the media went on to other cases of children missing or who had died and wait for the trial to continue it's "constant coverage", people(you'll always have some that will regardless) wouldn't have that mob mentality and trials could be judged fairly. Also u wouldn't have as much violence.
03:42 AM on 08/01/2011
you are forgetting that some of the news coverage was repeated shows - to fit into the viewing audience's schedule.........giving the appearance that it was an all-day event.

Casey anthony did get lost in the shuffle.........for quite a while............until her trial.

It was little Caylee Anthony that never left our minds and hearts.
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FeralForever
I'm watching you...so play nice
02:10 AM on 07/21/2011
Thank you, Professor Lyon, for standing up to the 'group-thinkers'. I am distressed over the vile media coverage about this unfortunate case. I found myself fascinated by the insanity and virulence of the general public. I sometimes just shake my head to think that I share the same planet with people, who, if they could get away with it, would probably opt to murder Casey Anthony in cold blood.
08:10 AM on 07/21/2011
"the insanity and virulence of the general public."

The mob behavior is outrageous, but it's truly a small, insignificant minority, and does not define "the general public."

People who disagree with the verdict cannot be painted with the same brush. Many calm, rational observers feel the jury's conclusions were wrong.
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FeralForever
I'm watching you...so play nice
08:53 AM on 07/21/2011
Oh, really, W? Is that why the jurors, who upheld their sacred civic duty, had to flee for their lives? They are getting daily death threats, as is the Anthony family and all the defense lawyers. Did you see the article about a dunking machine with Casey Anthony's face on it at a summer fair in KY? Pathetic, indeed. A small, insignificant minority, you say, while the case, and every minute detail is still being constantly argued about by mindless TV provocateurs??

The public is frothing at the mouth about this and it is a sad statement about our jurisprudence system. It is especially egregious that cameras were even allowed into the sanctity of a courtroom for cheap, voyeuristic purposes. This is the outcome of tabloid sensationalism at its worst.
11:46 PM on 07/20/2011
Well, what could you expect from a defense lawyer?
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European1919
I am the Pigmâ’¶n
01:21 AM on 07/21/2011
An interesting balance to the rabid views of the public and the naturally biased view of the prosecution.
02:57 AM on 07/28/2011
Excellent statement, living dangerously!!
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The Lone Stranger
Yes, I am a lousy typist. OK!
10:52 PM on 07/20/2011
I have a practical question.

I assume that to be an effective defense attorney one migt chose to be disciplined about the sorts of thoughts one entertains about the guilt or innocence of ones clients. I mean it seems to me that ones clients would tend to be best served by an attorney who views them as innocent.

Is this a fair expectation in a case where a client has plead innocent?

Assuming that this is indeed the case, and now setting aside the actual verdict of the case, have you actually reflected upon whther this might not have been a case where a guilty person beat the system?

the reason I ask is that your article is based upon the assumption that you are an informed objective source of information about this case, but this seems somewhat unrealsitic given that you just spent months, if not years committed to the unquestionable innocence of Casey Anthony.

It seems to me that perhaps instead of wondering why we areall upset, there is the more troubling and serious question you need to consider is the possibility that the concerns of the public are well founded?

Don't get me worng. I think we need excellent public defenders and you guyys did great. But wining the case does not change the reality of what happened, it only changes whether they are held accountable.
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05:34 PM on 07/22/2011
Yes I kinda agree, but on the otherhand as u already know I feel the prosecution made a big error in not going for involuntary manslaughter because I believe they would have convicted her for that. I guess its from whatever side u look at it from but If u know u have a very hard case to prove 1st degree murder,wouldn't it be more benificial to go with the lesser charge(she would have been imprisoned for life)and would satisfy everyone......ie....shouldn't u be more upset with the District Attorney? Still the sensationalism of the media is alot of the fuel the fire is burning from as well.
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The Lone Stranger
Yes, I am a lousy typist. OK!
06:23 PM on 07/30/2011
The Jury was not precluded from convicting her of a lesser charge.

The chose to disbelief that that pretty young girl could actually do such a horrible thing, regardless of all evidence to the contrary.
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petercrisssgirl
"Do you got a search warranty for that?"
03:24 PM on 07/31/2011
Sorry audio, I wasn't directing that question at you, I did specify to Barbara, correct?. I was asking HER opinion in comparison to two very similar cases, both which were circumstantial in nature with no direct physical evidence. Don't be angry at me (and I am not alone in seeing the similarities), but it's a valid comparison.
10:28 AM on 07/20/2011
Clarence Darrow once wrote that it is better to say "I don't know" than to guess at answers. Yet it seems that everyone has such a strong (and unfounded) opinion as to what happened in this case. Wouldn't it be better, and more truthful, to just say "I don't know?" And if we truthfully do NOT know, how can we convict anyone?
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The Lone Stranger
Yes, I am a lousy typist. OK!
07:27 PM on 07/20/2011
you obviously have no idea of what you are talking about. This gets to the heart of the question of what is a reasonable doubt. a conviction does not mean tht you have perfect knowledge or proof of every last detail of a crime, but just that there is no reasonable basis fro doubting the guilt of the accused.

all the the defense offered was unreasonable doubt and that is not enough to acquit her.
11:44 PM on 07/20/2011
It was probably the first time in history that an alledged 'accidental drowning' was made to look like a kidnapping/murder. Preposterous!
11:46 AM on 07/21/2011
Sorry, stranger, but your unfounded opinion is pretty frivolous. The State didn't have any evidence how, when, where, or why the child died, and no evidence as to who killed her. When push came to shove, the circumstantial evidence only showed that something screwy was going on -- not that Casey was the killer. They just didn't know. It is better to say "I don't know" than to guess at answers. Hope you get lots of exercise there, jumping to conclusions!
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MamacitaOfLove
Micro-bio curious
12:26 AM on 07/20/2011
Ms. Lyon,

Could you please back up your statements with some proof? I'd like to know more about:

"They [the prosecution] landed, heavily, on any witness who spoke up in Casey's favor, making witnesses extraordinarily difficult to find and interview because everyone was afraid of the backlash from the public and the prosecution." Exactly what did the prosecutor's do and to whom? Can you provide evidence for this assertion? Seems to me that you shouldn't say it unless you can back it up. This article, after all, is not a defense Opening Statement!

Please provide some proof for this statement as well. It's really a h3lluva charge to make, unsubstantiated: "There were exculpatory witnesses who were intimidated to the point that they feared coming forward."

Who was intimidated and how? Who did the intimidating? Why didn't you go to the judge and make a complaint at the time?

I'll be very interested in your response.
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If wanting to keep all of human race alive is raci
03:53 PM on 07/31/2011
Actually if u go to a post above 4or 5 posts I put a link, shows just how underhanded the prosecution was , I came across this article yesterday, it has to do with the witness tampering scandal I believe , and not the computer analyst
Why-.http://www.csmonitor.com/USA/Justice/2011/0625/hony-s-murder-as-Casey-Antl-abruptly-recessed
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If wanting to keep all of human race alive is raci
03:56 PM on 07/31/2011
http://www.minnpost.com/worldcsm/2011/06/27/29501/why_was_casey_anthony

@mamacita of love, sorry i gave u the wrong link on the post above, this one works, sorry again