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00:01:25.360Welcome to The Megyn Kelly Show, live on Sirius XM Channel 111 every weekday at New East.
00:01:38.220Hey, everyone. I'm Megyn Kelly. Welcome to The Megyn Kelly Show in today's weekend mega episode.
00:01:44.060Today, we're bringing you every episode of our MK Confidential series on Casey Anthony.
00:01:48.940We went through all the angles, including the trial that captivated the nation and how the jury somehow ended up finding this woman not guilty.
00:02:00.660But I actually learned a lot about how that actually happened, and I think you will too.
00:10:16.680This time, she reaches the Orange County Sheriff's Office.
00:10:20.060I have someone here that I need to be arrested in my home.
00:10:25.920The dispatcher tells Cindy a deputy will come when one is available.
00:10:41.340Cindy hangs up and waits, moving back and forth through the house.
00:10:44.940I was trying to stay close to the garage in case they came so I could hear them.
00:10:51.740So I was pacing back and forth between the hallway from the living room to the garage, into the living room to Casey's room, and back and forth.
00:11:02.700I was just pacing because I was getting angrier and angrier and more upset as I was waiting.
00:11:10.480Lee takes his sister Casey into the bedroom and keeps talking to her.
00:11:15.060This time, she tells him something different.
00:11:17.060She tells him Kaylee has been gone 31 days and that the nanny took her.
00:11:24.620Cindy hears part of the conversation through the bedroom door.
00:11:29.140Lee keeps Casey talking, then lowers his voice so their mother cannot hear the entire conversation.
00:11:36.380About an hour and a half after that first call to 911, Cindy calls again for the third time that night.
00:11:43.280the dispatcher asks for the child's name kaylee c-a-y-l-e-e then she asks how long kaylee has
00:12:00.560been missing cindy says june 7th but she is wrong kaylee was seen alive more than a week
00:12:08.280after that and the dispatcher asks to speak to casey can you tell me a little bit what's going
00:12:14.280on my daughter's been missing for the last 31 days and you know who has her i know who has her
00:12:23.660i've tried to contact her i actually received a phone call today now from a number that is no
00:12:29.480longer in service i did get to speak to my daughter for about a moment about a minute
00:12:34.400Why are you calling now? Why didn't you call 31 days ago?
00:12:38.020I've been looking for her and have gone through other resources to try to find her, which is stupid.0.98
00:12:45.440Casey has just told a 911 dispatcher that she spoke to Kaylee that day.0.93
00:12:51.520By then, Kaylee has been gone for a month, as Casey confessed to her brother Lee.
00:12:58.040Casey gives the dispatcher the name of the woman she says has her daughter,
00:31:09.620She was stealing gas from my gas can1.00
00:31:12.020outside my shed to keep her car going.0.52
00:31:15.080Cindy's mother, Shirley, would later estimate0.94
00:31:16.960that Casey stole as much as $45,000 from her parents.
00:31:21.800But Casey does not only steal from her parents.
00:31:24.660In August 2007, Kaylee turns two, and Cindy's mother Shirley comes to stay with them and attends the little girl's birthday party.
00:31:34.820Casey sneaks into the guest bedroom, reaches into her grandmother's purse, and carefully peels a check out of the book, from the back, so she wouldn't notice for a while.
00:31:46.780Casey buys her daughter's birthday cake from Publix with that check, $54 for a cake and decorations.
00:31:54.660She writes her own driver's license number on the back.
00:31:58.340Days later, Shirley notices the missing check.
00:57:31.140He was just as shocked as the rest of us.
00:57:34.180Hours later, Casey calls home from the Orange County Jail.
00:57:37.460She has seen her mother on television talking about the case.
00:57:42.100The jailhouse recording is later played aloud in court with Cindy in the witness box.
00:57:46.500Casey? Mom. Hey sweetie. Well I just saw your nice little cameo on TV. Which one? What do you mean which one? Which one? I did four different ones and I don't know, I haven't seen them all, I've only seen one or two so far. You don't know what my involvement is and stuff? Casey? Mom. What? No. I don't know what your involvement is sweetheart. You're not telling me where she's at.
00:58:13.760Because I don't fucking know where she's at. Are you kidding me?0.98
01:10:31.680In August, a local meter reader named Roy Cronk calls the Orange County Sheriff's Office three times about that same stretch of swamp in the woods.
01:10:41.740That same month, a man from the neighborhood, Keith Williams, goes into those woods after talking to a psychic who tells him Kaylee will be found in the woods near the road.
01:10:54.220Keith finds a deflated balloon, stuffed animals, and several pieces of children's clothing.
01:11:00.680He takes them to the Anthony house and Cindy says they are not Kaylees.
01:11:05.140Keith calls the Orange County Sheriff's Office.
01:11:08.000None of those items will be officially tied to Kaylee,
01:11:11.080but they do bring police back to the woods again.
01:29:42.620This is still a very ongoing area of forensic science, is it not?
01:29:49.500there's still research being done. I mean, I'm conducting research myself. It's pretty well
01:29:59.880established discipline, but it's mostly, for the most part, based on the experience,
01:30:08.400experience of hair examiners and observing hairs known to be from deceased individuals,
01:30:14.260hairs known to be from living individuals, and noticing these differences.
01:30:19.500The defense gets Shaw to admit that he submitted his root banding validation study for approval only after he'd already been deposed in this case and after he'd already given his opinion on the hair evidence.
01:30:32.400They elicit an admission that Shaw then asked to have the study expedited so it would be finished before trial.
01:30:40.540He looks agenda driven, perhaps even self-aggrandizing.
01:30:44.380Then prosecutor Jeff Ashton gets up to rehabilitate Shaw.
01:30:48.180the um the studies that you base your opinions on aren't just these hairs from tennessee correct
01:30:57.960that's correct i mean you're you use these as an example but the the literature contains studies
01:31:05.360of hairs from many different areas of the country under many different environmental conditions isn't
01:31:10.340that correct? There are publications with images of banding, but, you know, again, it's based also
01:31:18.600on experience and receiving cases all over the world, really. And to this point,
01:31:25.680the only environmental condition that has consistently been found to lead to post-mortem
01:31:35.220banding is the attachment of the hair to a decomposing body. At this point, that's where
01:31:41.000the science is, correct? That's correct. No further questions. The hair also goes to an FBI examiner
01:31:49.280named Karen Korsberg Lowe, who puts it under a microscope. The hair from the trunk is untreated.
01:31:56.460It has never been bleached or dyed and is microscopically dissimilar to the sample from
01:32:02.580Casey. Lowe excludes Casey Anthony as the source of the hair from the trunk. The known sample she
01:32:09.420has for Kaylee is a hairbrush with a single hair in it. She tells the jury the two hairs have
01:32:14.980consistent characteristics. However, she cannot confirm an exact match. Lowe sends out a piece
01:32:22.300of the hair for mitochondrial DNA testing. Mitochondrial DNA is passed down from mother to
01:32:28.680child, generation to generation. It is identical, so cannot point to any one person within that line.
01:32:36.800Katherine Tyson, also of the FBI, handles the actual DNA analysis. She compares a cheek swab
01:32:43.500from Casey Anthony, the hair from the trunk, and a hair from the mass of hair that was found
01:32:49.340with the skull in the swamp. All three share the same mitochondrial DNA. The hair in the trunk
01:32:57.120belonged to someone in Kaylee Anthony's maternal line.
01:33:01.240Kaylee, Casey, Cindy, anyone else on that side of the family.
01:33:06.580Tyson explains how rare this finding is on the stand.
01:33:10.240Further, I would not expect to see that mitochondrial DNA type
01:33:13.940in more than 0.26 of the African-American population,
01:33:18.020nor in more than 1.85% of the Caucasian population,
01:33:22.640nor in more than 39% of the Hispanic population.
01:40:55.420The medical examiner sends samples to Bruce Goldberger, a nationally recognized forensic toxicologist at the University of Florida, for testing.
01:41:06.220A piece of bone marrow scraped from inside the thigh bone and a hair taken from the mat around the remains.
01:41:14.460Goldberger tests those samples for a long list of substances.
01:41:21.780But in his report, he adds an important caution.
01:41:24.720A negative test does not prove that Kaylee was never exposed to chloroform before she died.
01:41:30.780In her opening statement, prosecutor Linda Drain Burdick told the jury the duct tape would explain how Kaylee died.
01:41:37.920Now the state turns to the duct tape itself.
01:41:41.440Several overlapping pieces of tape were found across the front of the lower skull, over the lower jaw, and part of the upper jaw as well as still caught in Kaylee's hair.
01:41:52.020In the written autopsy report, the medical examiner is unequivocal about when it was put there.
01:41:57.580Quote, this duct tape was clearly placed prior to decomposition, keeping the mandible in place.
01:42:04.560In other words, the report says the tape was already on Kaylee before her face decomposed.
01:56:50.040Who was involved with this stuff for Kaylee?
01:56:52.940Before that, he says, I blame myself for her being gone.
01:56:56.580You know, for months, as a matter of fact, for a year or so,
01:57:01.960I brought up stuff only to be told not to be negative.
01:57:08.140Two and a half years after he wrote them, those words come back.
01:57:12.440Only now, George is not sitting alone in a hotel room.
01:57:15.800He is sitting a few feet from his daughter.
01:57:19.900Casey Anthony is on trial for murdering his granddaughter, Kaylee.
01:57:24.280And a prosecutor is reading his suicide note to the jury,
01:57:27.940trying to show them that George had no idea what happened to Kaylee.
01:57:31.960It is a point made necessary by defense attorney Jose Baez, who in his opening statement tells the jury that George found Kaylee dead in the family pool and helped conceal her body.
01:57:45.620As a result, George was the first witness the prosecution called.
01:57:49.500Were you present in your home when Kaylee Anthony died?
01:57:58.960No, and when I heard that today, it hurt really bad.
01:58:01.960because if I would have known something would have happened to Kaylee,
02:07:23.580And I'll tell you another thing, that if an autopsy was done in a corresponding to what I think every forensic pathologist will tell you, where the head is not opened, that tells me about a shoddy autopsy.
02:07:41.440Excuse me the expression, but you provoked it.
02:07:44.260A shoddy autopsy, because if the head is not opened, what else wasn't examined?
02:07:49.400On cross-examination, prosecutor Jeff Ashton presses him on that point.
02:07:54.040Where is it written that a skull has to be opened for the examination to be complete?
02:08:00.520Then Ashton asks Spitz why he believes the duct tape was placed on Kaylee's face after she had passed away.
02:08:08.760Spitz notes the tape appears to have adhered only to hair roots, not to skin tissue.
02:08:14.800He also believes the tape was used to secure the corpse during transport of the remains.
02:08:21.580On June 23rd, 2011, Cindy Anthony comes to the witness stand.
02:08:26.800The jury has already heard from her once when the prosecution called her earlier in the trial.
02:08:32.440This time she is here for the defense.
02:08:35.040Lead defense attorney Jose Baez takes Cindy back to the family computer and straight to one of the most damaging pieces of evidence in the case.
02:08:42.660As it turns out, there were two separate afternoons that someone searched the word chloroform on the Anthony family computer.
02:08:53.340On March 17th, the search was just for chloroform.
02:08:57.280The other, on March 21st, was for specifically how to make chloroform.
02:09:03.560If Cindy made those searches, the defense has an innocent explanation for them.
02:09:08.660If she didn't, the state can point the searches back to Casey.
02:09:12.720Then Baez asks Cindy a simple question.
02:13:08.220She met George Anthony in the summer of 2008 at a volunteer command center people had set up while Kaylee was still missing.
02:13:17.120Crystal testifies that she and George began an affair.
02:13:20.900And around Thanksgiving that year, while Kaylee was still missing, Crystal says George came to her house and told her something she has never forgotten.
02:13:30.260He was sitting on my couch and I was sitting on the floor.
02:13:35.100and he had told me he had said it was an accident that snowballed out of control but
02:13:42.440I was in shock and by the time I looked up his eyes were filled like with tears and
02:13:50.260I didn't elaborate. I didn't ask him anything further. I didn't think that he could raise
02:13:57.800somebody that was capable of harming her child and that's when he said it was an accident that
02:14:05.020snowballed out of control george sits beside his wife cindy during crystal's testimony he denies
02:14:11.820the affair from the witness stand but crystal holloway has a text message from him it's dated
02:14:17.520tuesday december 16th 2008 five days after kaylee anthony's body was found the text reads quote
02:14:25.520just thinking about you i need you in my life george admits he sent the text but his explanation
02:14:32.680is that he needed every volunteer he could get.
02:14:36.980Crystal admits that she lied to police0.93
02:14:39.360when they first asked her about the relationship
02:27:06.480And it is during the state's rebuttal case that George Anthony's letter from the Hawaii Motel in Daytona Beach two years earlier finally goes into evidence.
02:27:17.400Jeff Ashton introduces it. Jose Baez objects. Judge Perry points back to Baez's own questioning
02:27:25.340of George as the reason the letter is now admissible. So the jury gets to read the eight
02:27:31.680pages George wrote alone in that motel room, agonizing over not knowing what happened to
02:27:38.300Kaylee. On the morning of July 3rd, 2011, before either side gives its closing argument, Judge
02:27:45.360Perry rules on what the lawyers can and cannot say to the jury. He starts with the unsupported
02:27:51.360allegations thrown out by Baez in his opening statement that George Anthony and Lee Anthony
02:27:56.660sexually abused Casey. Judge Perry says there is absolutely no evidence to support either in the
02:28:05.120record. Lee was not asked a single question about it and rules that Baez cannot mention either
02:28:11.040allegation in closing. The judge turns his focus to the drowning theory. No witness has testified
02:28:17.980that Kaylee drowned. No one has told this jury they saw it happened and nothing in the evidence
02:28:22.920establishes when a drowning would have occurred. But the defense does have pictures of the pool
02:28:28.360behind the Anthony house, the pool ladder, and Kaylee, not yet two years old, opening the sliding
02:28:34.520glass door by herself. That is enough for Judge Perry. There is evidence that the defense can make
02:28:40.920the reasonable inference of an accidental drowning by the use of the pictures, as Mr. Mason argued.
02:28:50.820So whether or not one chooses to believe or disbelieve, there is some inference that can be drawn.
02:29:01.500Years later, I asked Jose Baez where the story of the drowning came from,
02:29:06.020as well as the sexual abuse allegations he made in his opening statement.
02:29:10.920Here's some of that exchange from 2022.
02:29:14.220Everything I said in there, I had a good faith basis based on the evidence and based on what I anticipated the evidence to show.
02:29:20.540But where'd you get the good faith basis? That she drowned in the pool?
02:29:25.040That she saw, that the mother, Casey, saw her dad holding little Kaylee in his arms?
02:29:30.540That she immediately grabbed Kaylee and began to cry? This is very specific.
02:29:34.800She immediately grabbed her and began to cry.
02:29:37.120And that George yelled at her with the following quotes.
02:29:45.500Well, you know better to ask me those questions.
02:29:47.840I mean, you know, there's a thing that I respect incredibly, which is the attorney-client privilege, as well as other evidence in the case.
02:29:53.940There was evidence testified to by our forensic experts as to the potential drowning theory.
02:30:01.760There was, in addition to that, there was cross-examination that the jury can make their interpretations based on.
02:30:09.260They're free to believe a witness or not believe a witness based on those questions.
02:30:13.540And I can tell you this, a lot of the feedback that we got from the jury is they believe certain parts of the evidence.
02:30:21.320There were statements made at numerous points throughout the trial that raised serious concern about the drowning in the pool.
02:30:31.720And when I say concern, I mean raise the issue that that was certainly a potential aspect.
02:30:38.640And it's the prosecutor's job to exclude that reasonable hypothesis of innocence.
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