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Tuesday, Feb. 14, 2012 | 5:36 a.m.

Updated: 10:40 a.m. Wednesday, May 13, 2009 | Posted: 8:59 a.m. Wednesday, May 13, 2009

Casey's Death Penalty Attorney Explains Why He Quit

 

ORLANDO, Fla. —

Casey Anthony's defense team once had a death penalty qualified attorney, but last week he dropped the case.

RAW VIDEO: Attorney Terence Lenamon On Nancy Grace

Attorney Terence Lenamon now says he stopped representing Casey because he did not agree with the legal strategy of her lead attorney Jose Baez.

"We had a difference in what I believe should have been done with the approach that is mental health related," Lenamon told CNN's Nancy Grace during an interview Tuesday night (watch it).

Lenamon explained he would have had Casey plead not guilty by reason of insanity.

CASEY'S DEFENSE QUESTIONS THREE PEOPLE UNDER OATH

Casey Anthony's lawyer, Jose Baez, questioned three witnesses Monday afternoon in the case against Casey, but there are some serious questions over whether he should be questioning anybody.

WFTV legal analyst Bill Sheaffer, who has tried death cases, says Baez should not be doing the depositions without a death-qualified co-counsel, because he might miss something that could help Casey avoid the death penalty if she's convicted.

Casey Anthony's attorney, Jose Baez, arrived at the Orange County courthouse around 1:30pm.

VIDEO REPORT: Witnesses Questioned By BaezRAW VIDEO: Baez Arrives At CourthouseDOCUMENT: Baez Objects To State RequestIMAGES: Photos Of Casey With Caylee

"You detonate all the land mines at deposition so you don't step on one during trial and blow your legs off," Sheaffer said.

Defense attorney Jose Baez appears to be backing away from courthouse interviews after suggesting the trial should be held in South Florida because there was less publicity there. He won't say who his new death penalty-qualified co-counsel is and Monday he arrived at the courthouse alone.

"Are you worried that something death penalty related could come up during these depositions?" asked WFTV reporter Kathi Belich.

"I made my objection to the court and it says it all there," replied Baez.

Baez questioned Orange County Deputy Adriana Acevedo who was the first to arrive at the scene on Suburban Drive after county meter reader Roy Kronk called 911 on August 11 saying he found something suspicious there.

Acevedo went, but said she did not know exactly where to look because Kronk didn't meet her there. She left and the sheriff's office made arrangements to go back with Kronk to the wooded area.

Baez also deposed Kronk's two co-workers about what happened on August 11.

Sheaffer questions whether Baez really does have a death-qualified attorney lined up to join the defense team, because he says it's highly unusual for the defense to try to create drama by delaying the identification of co-counsel. Usually someone joins the team and gets to work.

Jose Baez will be questioning even more witnesses later this week.

Sheaffer says without help, Baez might miss opportunities that could help in Casey's defense.

"Not only to you learn what questions to ask, you learn what areas and questions to stay away from," Sheaffer said.

Baez claims his new death penalty qualified co-counsel will appear at Casey's next hearing on May 28. However, as of Tuesday afternoon, no one has filed notice with the court.

On Wednesday he'll talk under-oath to another deputy, a DCF worker who investigated a previous child abuse case against Casey and an employee at Universal Orlando where Casey claimed to work, but didn't.

Caylee's remains were found in the wooded area on December 11, four months after the first call. Casey Anthony is accused of killing her daughter, Caylee and is facing first-degree murder charges.

FIRED DEPUTY WILL TRY TO GET JOB BACK IN CASEY CASE

Eyewitness News has learned that the Orange County deputy who was fired for allegedly doing a poor job in the case against Casey Anthony will try to get his job back in less than two weeks.

Last August, Deputy Richard Cain went to the area where Caylee Anthony's remains were eventually found. But while Cain was there, he said he saw nothing suspicious.

The sheriff's department says he didn't do a proper search and he was fired for lying about it. Cain gets two chances to appeal that decision. He'll make his first attempt at a hearing on May 19.

CASEY'S DEFENSE TEAM TO ADD NEW ATTORNEY

Prosecutors plan to seek the death penalty. However, no one on Casey's defense team can legally represent her at trial.

INTERVIEW: Sheaffer On New Casey AttorneyVIDEO REPORT: Casey Lawyer To Be RevealedDOCUMENT: Baez Objects To State RequestDOCUMENT: Motion For Determination Of Counsel

Prosecutors filed a motion Thursday to determine if Casey Anthony has a qualified defense team (read motion). Florida law requires a lawyer to have specific qualifications to be the attorney of record in a death penalty case.

Miami attorney Terrance Lenamon was qualified, but he's no longer involved with the case. Casey Anthony's attorney Jose Baez's spokeswoman said they have a replacement, who is a prominent lawyer, but the she wouldn't reveal the mystery man's identity.

WFTV legal analyst Bill Sheaffer said, most likely, the new lawyer is not local.

"It seems that the defense loves drama and this is just another example of the drama that this defense seems to play out," Sheaffer said. "The defense appears to be very unstable."

Baez's publicist said they're trying to protect the new attorney's identity because they don't want him to be attacked by the media.

"It's not a staged production. Again, let's not lose sight of what all of this is about, which is defending Casey Anthony on the charges of murder," Sheaffer said.

Casey's new lawyer will attend her next court hearing on May 28, which is the same hearing where the defense will try to keep the public from seeing Casey Anthony's taped reaction when she found out Caylee's remains had been identified.

Casey's trial is not expected to start until at least October.

Previous Stories:

May 8, 2009: Casey's Defense Team To Add New Attorney May 8, 2009: Fired Deputy Will Try To Get Job Back In Casey Case May 8, 2009: Casey's Legal Team May Not Be Qualified May 6, 2009: Baez Says He's Not Done With Corrections Officers May 5, 2009: Casey Anthony's Attorney Questions Witnesses May 1, 2009: New Documents May Give Casey's Defense Ammunition May 1, 2009: New Documents Released In Case Against Casey Anthony April 29, 2009: Taxpayers May Pay For Meter Reader's Lawyer April 29, 2009: Taxpayers Will Have To Pay For Kronk's Legal Fees April 24, 2009: Motion Filed To Force Cindy Anthony To Answer Questions April 24, 2009: Casey's Former Friend Files Objection To Baez Motion April 24, 2009: Anthonys Off Conference Agenda Due To Threats April 23, 2009: Cindy Voicemail: "Casey Had To Have Had Help" April 23, 2009: Anthonys Tell TV Show They Stand By Casey April 22, 2009: Oprah Cancels Scheduled Interview With Anthonys April 22, 2009: Legal Analyst: Casey's Attorney Made Blunder April 21, 2009: Roy Kronk Doesn't Want To Give Up Phone Records

 

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