Thursday, July 7, 2011

And Justice For All?

So, the fourth of July just passed.  America's independence.  America's birthday.  A day that celebrates the freedoms that we all enjoy so much.  Freedom to say what we want, freedom to practice whatever religion we want (or not practice any at all without persecution), and a system of laws that allows justice for all.  Although none of it is perfect, it works.  And, for as much as we hate it sometimes...it continues to work.  Lets take a look at some high profile cases over the past many years:

OJ Simpson:
DNA evidence places OJ at the scene.  No alibi.  2 people brutally murdered. He is found not guilty. 

Michael Jackson:
Pictures of young boys naked. Pedophilia type magazines.  Multiple children come forward.  He is found not guilty.

And now...Casey Anthony:
No part of her story made sense.  DNA evidence in her car.  Admission she was there at the time of her 2 yo death.  No notification for 30 days. She is found not guilty. 

However, there are several differences in these cases...with one very notable similarity: OJ Simpson and Michael Jackson had high paid, high profile lawyers.  Anthony did not.  OJ and Michael Jackson have millions (or had) to spend on defense.  Anthony did not.  There was clear evidence that OJ and Michael were guilty...in the Anthony case...there was not.  But why?  Answer is simple:  The prosecution in ALL 3 cases, assumed a win/conviction before they went to trial.  In all 3 cases, the prosecution lost the case, more than the defense won.  The Casey Anthony trial is PERFECT example:  She never told the same story twice.  Her own lawyer, who used the defense that Caylee died in her pool admitted that even he didn't buy that defense.  The child was duct taped and no one could explain why.  Casey did not notify ANYONE her daughter was missing for over 30 days and no one could explain why.  Casey did not have a high profile lawyer, she did not have millions of dollars, she was a single mom who hired an attorney to help defend her.  Did he do a great job? Maybe...but the reason she was found not guilty was the prosecution failed in their duties.  Those of you who know me well know that I truly believed she was guilty. I think she got away with murder, as did OJ and Michael Jackson (well, molestation in his case).  But, it doesn't matter what I think.  It matters was the 12 jurors think and how well the prosecution proved their case.  Our system is flawed.  But in all 3 cases...two items worked (and not for the better in these cases)...Innocent Until Proven Guilty and the idea of Reasonable Doubt.  As did all of you...I sat and listened to the verdict being read, as I did for OJ and Michael Jackson...I was outraged, I was stunned and I was sickened.  But, after having a couple days to digest...the fault lies in one area...the prosecutors. 

As I write this, I learn that Casey Anthony will be released next Wednesday.  She is free. She will make millions on a book deal and on movie rights.  She will return to the lifestyle she always wanted.  Its over and we as Americans have to accept that.  In order to preserve our system, we have to accept the failures of those who are supposed to protect justice for all.  In these cases, the justice was for Nicole Simpson and Ron Goldman. for the boys that were molested by Michael Jackson and justice for Caylee.  There was no justice for them.  Casey Anthony was found not guilty because of the failures of the prosecution, she was not guilty because they had the case won in their minds before they went to trial.  Our system is not perfect...and that's fine...but in these cases...justice for all did not mean for the victims.  Maybe Casey will write a book telling the world that if she had killed her daughter, this is how she would have done it?  Why not...OJ did...and he can get away with it.  Regardless of what the future holds for Casey...at least she has a future...her daughter does not.  So, our system works but it is flawed.  And in this case, it is flawed at the expense of a helpless 2yo girl who relied on the one person in the world required to protect her...and she didn't.  There was no justice for all for Caylee.