[Chat] A question for the lawyers on this list serve

Stephen J Gewirtz gewirtz at bellatlantic.net
Sat Jun 18 14:08:55 EDT 2011


In the course of watching on television some of the trial in Florida of 
Casey Anthony for the murder of her daughter Caylee, a question has 
occurred to me.

Clearly, a mother whose daughter is missing and who then parties and 
shows no grief and makes up a story about Zanny the Nanny having 
kidnapped her daughter is some sort of psychopath.  Her attorney said in 
his opening statement that he would show that she was sexually abused by 
her father and by her brother, but both have denied it on the stand.  So 
one wonders, and the commentators on Dateline have discussed whether 
Casey Anthony will take the stand since there appears to be no other way 
to demonstrate the abuse.  The commentators have said that putting her 
on the stand would be extremely risky (and I am aware that criminal 
defendants rarely take the stand), and that the defendant is likely to 
be demolished in cross examination.

Anyway, the question I have is this: If the defense attorney puts her on 
the stand, questions her only about the alleged abuse by her father and 
brother after having instructed her in advance to be very careful to 
limit her answers to what has been asked, is the prosecution then 
limited to questioning her only about what she has testified to?  Or can 
the prosecution also question her about the lies she told police about 
Zanny the Nanny (with the jury told only to view it in relation to her 
credibility)?  Or is it possible for the prosecution to question her 
more broadly concerning the murder she is charged with?

I am sure that the answer to my question is covered in a first course in 
criminal defense, but I have never studied law.

Steve





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