May we approach
It is legal to smear anyone in a trial without fearing later legal consequences. I think this needs to change.
What bothers me it that even though Bozo in his OS mentioned a few "loaded questons/accusations", he failed to back them up with testimony and I was certain at least one juror would understand the law regarding OS is not testimony and the judges ruling the the alleged statement from Cruz
was not to be used as proof of an accident By failing in that this man is now by the verdict going to have a shadow over his hear for the rest of his life. And they used false information to reach a verdict.
One of the Talking Head attorneys mentioned that one of the problems with the US legal system (forgive me for not recalling if she was pro-defense/pro-prosecution/neutraul)---is that attorneys in the position of Baez cannot be sued for statements they make that are false.
Jose could have gotten up there in open and mentioned ANY ONE OF OUR NAMES--if Casey said so--not backed it up, subpoena'd (sp?) us--dragged our reputations through the mud...and we would have no legal recourse.
Now, granted--he is doing it with people that Casey knew....but there is no recourse for a damaged reputation as there would be if a private citizen did that.
Take the Zaneida lawsuit--she can sue Casey, because Casey said those things and may have a very good case.
But if Zaneida was never mentioned until open--she couldn't do a thing to Baez and due to the attorney/client privilege, couldn't get anything out of Casey.
In that regard, Zaneida got lucky. She has some recourse for what was said about her. (my understanding is that there were so few people with that name and the fact that she had gone to Sawgrass ahead of Casey--that logic prevails that ZG was the source of the definitive name for the nanny).
Not that George would sue--if he could, he might....
But there is no recourse for the character assasination.
The TH feels that this should not be a privilege of attorneys when no evidence is present.
I mean--even Mackenzie Phillips didn't write about her dad until AFTER he died. So she is at liberty to divulge whatever she wants (whether true or not, only she knows). Prior to his death, it would have been a he said/she said and a legal problem, I would guess.
I would hope that George would sue for any printed statement Casey profits from on the accusation...
But the fact that Jose could sling it without any repercussions absent any evidence--the TH said that IS an issue in our legal system.
It could happen to any one of us given just the right dysfunctional defendant and opportunistic attorney.