Does Casey, or Doesn't She, Want to Testify? - WCI

Monday, June 27, 2011
Does Casey, or Doesn't She, Want to Testify?

by Anne Bremner

Excerpt:

I, for one, think Casey Anthony wants to testify. But should she?

Casey is the decider, not her defense team. Many people believe that the decision for a client to testify is solely the lawyer's prerogative. Yet, legally, the decision rests with the client, taken under the lawyer's advisement. If the lawyer knows the client will lie willfully on the stand, however, the lawyer must in-camera inform the court and may have to withdraw. In a trial where many viewers might expect Casey Anthony to stand and confess, there are others who anticipate her remaining sullen and silent--as she has consistently been so far. The world is riveted by this case, wondering whether she will, or will not, testify, while legal commentators constantly debate the question, "Should she, or shouldn't she?"

The nearly uniform opinion of the legal analysts is that she should not testify. This is because they believe she is a chronic, habitual liar. It is also because this is a case for the defense to raise reasonable doubt; to call a particularly weak defendant just might upset the applecart. Calling Casey to the stand could do far more than that. Recall the epic cross-examination question in the film Witness For the Prosecution? "Were you lying then, or are you lying now, or are you just a contemptible, habitual liar?"

More: http://womenincrimeink.blogspot.com/2011/06/does-casey-or-doesnt-she-want-to.html