the prosecution didn't have it. they overreached and paid the price. >> sean: when we come back juror number 3 has spoken out. also coming up, reports have surfaced that book deals, x-rated movie roles may soon be offered to casey anthony. will she cash in on the horrific events of the past three years? that and more coming up. ♪ i may be mud, but i have standards. mops? please. some of them have bacteria. ♪ and they try to pick me up? ew. i'm really hard to get. uh! ♪ what about love?! [ male announcer ] swiffer attracts dirt. used mops can grow bacteria. swiffer wetjet's antibacterial solution eliminates 99.9% of bacteria that mops n spread around. i like yr pad! [ male announcer ] swiffer cleans better than a mop or your money back. >> sean: we continue with our legal panel. juror number 3 has spoken out in an interview with abc news. she said, i did not say she was innocent. i just said there was not enough evidence. if you cannot prove what the crime was, you cannot determine what the punishment should be. she s

the prosecution didn't have it. they overreached and paid the price. >> sean: when we come back juror number 3 has spoken out. also coming up, reports have surfaced that book deals, x-rated movie roles may soon be offered to casey anthony. will she cash in on the horrific events of the past three years? ♪ i may be mud, but i have standards. mops? please. some of them have bacteria. ♪ and they try to pick me up? ew. i'm really hard to get. uh! ♪ what about love?! [ male announcer ] swiffer attracts dirt. used mops can grow bacteria. swiffer wetjet's antibacterial solution eliminates 99.9% of bacteria that mops n spread around. i like yr pad! [ male announcer ] swiffer cleans better than a mop or your money back. ♪ [ male announcer ] what is the future of fuel? the debate is over. ♪ lexus hybrid drive technogy is designed to optimize any fuel source on the planet. even those we don't use yet. because when you pursue perfection, you don't just engineer a future-proof hybrid system. you engineer amazing. ♪ host: could sw

and the prosecution is up next. a lot of passion. ting arguments by both sides before this jury and a long day and the judge says they will stay. they have been there since first thing this morning to hear what the prosecutor has to stay in their final part of their closing argument and tomorrow, jury instruction and they retire to the jury room to render their verdict. and now, our panel, joey and joining us, criminal against attorney, and a great one at that. kimberly, a fox news legal analyst, and show host here, as well. and, also, robert, former prosecutor and now a criminal against attorney. let me start with you, robert, you have been watching the proceedings all day and helping us out with it, at this point the defense made it seemed sort of a double closing argument first baez said he h the prosecution did not make the case and cheney mason makes the same points and one come peopling part he explains how high the burden is for this jury to convict this defendant. what do you expect the prosecution statement to be? i was impre

the prosecution has the burden of proof. the prosecution woefully fell flat in this case at all times. they're the ones who invested themselves in this kind of guilt by character assassination. and they forgot about the one thing that they needed in this case, which was actual evidence. and they didn't have actual evidence. >> well, paul henderson, you disagree with the defense there. you disagree with mark garregos. why? >> well, look, i was shocked and disappointed with the verdict like i think a lot of other people that are familiar with this case are. and a lot of people that watched this case were as well. we know it was a circumstantial case. and those are tough cases when you're proving a homicide. this case in particular was fraught with a lot of distractions and did not have a lot of hard evidence to present to a jury. and so it's difficult in trying to get them to understand what happened when there's not a lot of evidence to support those theories. you know, one of my concerns and i think the concerns that a lot o

the prosecution waste no, ss no addressing the claims. it calls its first witness, george anthony. >> have you ever sexually molested your daughter, casey anthony? >> no, sir. have you ever committed any sexually inappropriate act with or in the presence of your daughter, casey anthony? >> no, sir. >> the prosecution had no choice but to bring george anthony onto the stand immediately because that question was in the jury's minds. immediately the prosecution answered it. >> were you present in your home when caylee anthony died? >> no. when i heard that today, it hurt really bad. because if i would have known something would have happened to caylee, we wouldn't be here today. >> did you dispose of the body of your granddaughter? >> no, i did not. >> coming up, who is casey anthony? a self-absorbed party girl capable of killing or a loving mother unjustly accused. >> casely and caylee had a very special one. the network. a living, breathing intelligence that's helping drive the future of business. in here, inventory can be taught to learn.

the prosecute toe showed she is a liar the defense attorney admits she is a liar. there's nothing tying her linking her to the death of her daughter. the biggest stick of dynamite the prosecutor has is the fact that she didn't call the police for 31 days. >> pretty big stick. >> it's a diss functional family whacked out family this truth is no friend to them. >> lawrence do you think the prosecution is nailing home again to this very lofty burden the case of capital murder against this accused? >> jeff ashton is an experienced prosecutor. he did a masterful job in his closing argument with what he had. he did have direct evidence of pre-meditation. he didn't convince me that casey anthony is guilty of pre-meditated murder. >> no aggravated child abuse perhaps. let's see what they have. coming up the role the tiny victim's grandpa played. wait until you see george anthony's role as it's delineated in these closing arguments all he played in the continuing tragedy after this. >> george is getting trying to find out what is really going on but george is being told to

the standard of proof was on the prosecution. and at every step of the way, we can go through all of it from the shovel to the smell in the car. it was either totally impeached or contradicted by the defense. in that sense, we still don't know how caylee died. we still don't know how the body was transported. we still don't know how it got there. they did not prove their case, judge. >> look, what you've got here is a case where a 2-year-old's body is found in a swamp, triple garbage bagged and thrown away as if it didn't matter at all. she did not commit suicide. she did not die of old age. she did not have a terminal illness. the question is, what happened to caylee? there's no question that now that the jury has made a decision, that this defendant is to be acquitted on all major counts, as it relates to the death of this child, that you are right, we will never know. let me tell you what happened here today. what happened is, in this csi age where everyone expects fingerprints, dna, in a case where there is no eyewitness, ther

here is a summary of the prosecution's evidence in the case.l put it on the screen for you so you can judge for yourself. casey lied repeatedly about caylee's where abouts. casey failed to report caylee missing for 31 days. casey seemed happy and unconcerned during that period of time. she was out partying and having a good time. air samples showed human decomposition in her car and a strand of hair from trunk consistent with caylee's . hair strand showed decomposition and not necessarily dead body. insects showed that dead body was inside of the trunk and there were traces of chloroform in the trunk of the car and the word chloroform and neck breaking were found on casey's computer and of course, the medical examiner testified as to manner of death, homicide. >> in the grand scheme of prosecuting cases, you would be comfortable with that as a prosecutor. >> i would love the evidence. you take the pieces and even take one or two or more away you can get e end up with the same thing. forensics is new. but take it away and what the witnesses say

. >> even with dna evidence, the prosecution is considering dropping the case. that shows how bad her credibility may be, that even with dna evidence, they may not be able to bring this case. it's a shocking, shocking development. >>> a big surprise in the casey anthony trial. prosecutors in orlando plan to call rebuttal witnesses today but instead, the judge called an indefinite recess, putting the trial on hold. that is because defense team has to take the deposition of one of the state's rebuttal witnesses. closing arguments set for tomorrow are now in doubt. >>> minnesota state government is closed for business today. the governor and lawmakers, they failed to close a $5 billion budget gap by the deadline. critical services remain open, but state parks, campgrounds, minnesota zoo, they are all shut down for the holiday weekend. >>> france may give weapons to libyan rebels holed up in misrata. they have surrounded the city on three sides for months now. russia immediately objected. such a move would violate the u.n. mandate for libya. >>> moammar gadhafi's da

. >> the prosecution did not prove their case. the big question that was, you know, not answered, you know, how did, you know, caylee die. i think there was probably a lot of discussion that it was probably a horrific accident that dad and casey covered up and unfortunately did so and it got away from them. it was such a horrific accident, they didn't know how to deal with it. the family appeared to be very dysfunctional, and instead of admitting, you know, there was an accident, they chose to hide it for whatever reason. >> the casey trial brought out the worst in many people. there were ugly scenes during the course of the trial as people actually got into shoving matches in their powerful desire to get a seat to watch the show. and that's what it was to many people -- a show, a reality show on steroids. did the media play a role in that? casey anthony's defense attorneys think so. >> i hope that this is a lesson to those of you that have indulged in media assassination for three years, bias and prejudice and incompetent talking

and we'll hear from the prosecution again. >> we are. absolutely. e. as a lawyer, save your very best stuff for last. you get to go first, defense has to go in the middle and then you get to tie it up last, don. what you get to do is you don't put all your good stuff out there and let the defense knock it down. you save it for when they get up afterwards. guilty, no death penalty. >> let's to go jane velez-mitchell. what do you have for your closing thoughts? >> i thinks it bizarre that they'll start their deliberations on the fourth of july. i think expect fireworks inside that jury room. and i'm not making predictions. you cannot predict what will happen in this trial from one minute to the next. how the heck will we predict how 12 people will decide? >> david mattingly? >> jane is right. no two juries are alike. the last time i covered a high circumstantial case like this was the scott peterson trial. what caused problems for him was the lies that he told and the strange behavior when his wife was missing. that opened the door for him to the death

the prosecution didn't need to take on that burr. driving here to the courthouse, a taxi driver banged his hand against the steering wheel and said, i can't believe a mother who looks that sweet could do that to her daughter. did the prosecution have to start cutting into she is the greatest mother of all time? i'll go to diana tennis with that. >> if they need to do that, they are in trouble. mark is right, they've got enough problems. they gotta prove premeditated. they gotta prove the duct tape was the tool of death. they have to prove this motive makes sense. why take on proving she is a bad mom. there's no evidence of it. if there was evidence of her being a crappy mom we would have it. if cindy anthony thought she was a horrible mother and wanted to take the kid away, we would have that evidence. i don't know why they took it on. good moms kill their kids all the time. the jury knows that. there is no reason to go there, i totally agree. >> judge jeanine: dr. baden, you her the prosecutors say in 100% of the cases where there's

the prosecution says there are credibility problems with the accuser.tinue to watch both of those cases throughout the day. on to tennis, wimbledon has two new tennis champs, jok co-vick's run. then on the women's side, the czech republic star right there beat share sharapova. >> comingp

and both he and the prosecution agreed to use the one search.hat was eight days. >> bill: bill, if you allow the prosecution to escape scrutiny. >> of the 84 chloroform searches, i was in court for the closing arguments. they relied heavily on the chloroform evidence. >> bill: are you going to say i'm wrong on that. >> i will say the prosecution never corrected the record. i will say contactually that. exactly that. they never corrected the record. their defense is that bradley, reaching out to the prosecution, that his emails and telephone calls to them were quote, unquote. misdirected. >> bill: unintended consequence that's geraldo rivera are sympathetic to casey anthony. >> as i said on this program i'm sympathetic to the justifiable. >> bill: do you believe the jury is sympathetic to her. >> i have said that her behavior was reprehensible. i have said that it is probable that she had something to do with the death of that child, whether by accident or by other own. i'm sympathetic to people who are wounded and underdogs. i hope she is put it

this was really a repudiation, wasn't it, of the prosecution's case. >> complete. ons to ask today is why the prosecution brought this case as a first-degree murder death penalty murder case. i don't think anyone can fault the prosecution for bringing this case. i mean this was a tragic death of a little girl. certainly there was some evidence that pointed to casey anthony, her bizarre 30 days of not reporting her death, her, you know, very strange behavior for someone who is supposed to be a grieving mother, but still the idea that they would bring this case as an intentional murder case when there is no witness to how casey died -- caylee died, there is no proof of when caylee died, there is no proof of how caylee died, all of these, which are usually the building blocks of a murder case, especially a death penalty case, it seems like the prosecution got kind of carried away and overcharged this case, and i think that really backfired when the jury started focusing on what evidence was really there. >> i have to point out it's my understanding that you both have w

the prosecution painting a picture of a serial liar. crificed her child for freedom on this "american morning." >>> welcome to "american morning." it is monday, the fourth of july. wow, happy holidays for everyone out there. kiran is off enjoying it. >> breaking news right now. six people are missing after a small boat carrying mostly americans sank off of mexico's baja, california, peninsula. officials say 44 people were on the boat when it left the port of san felipe. we're told the boat hit rough weather and sank almost immediately. 37 of the passengers are safe and back on dry land. there are reports of at least one person having died. the u.s. navy is sending a helicopter to help with the rescue effort. we'll continue to monitor the story and bring you the latest developments throughout the morning. >>> meantime the casey anthony case could go to the jury today after heated, emotional and powerful closing arguments in the murder trial. prosecution describing the clash between the life they say casey wanted and the life she had. >>>

i think that motive was one of the weaker aspects of the prosecution case. >> why? >> what they argued was consistent with the evidence that she wanted a more care-free lifestyle and a mom too soon, but on the other hand, it is hard to believe that she goes from being by all accounts a decent mother, and all of her friends knew of the little girl, and it is not like she was trying to hide it and no evidence that she had a new boyfriend who didn't want the child around and the parents doted on this little girl, and she lived at home, and she could have dropped caylee off at the parents any time of the week and there were indications that cindy was tired of caring for her all of the time, but it is not exactly going to add up. i know why the prosecutors ar e argued it, because the evidence is there, but the jurors might look at at her and say, gosh, could she have really premeditated this crime? i mean, i talk to people about this case all of the time, and most people think it is a terrible accident and she covered it up. >> i can't tell you how many times people say,

none of this the prosecution knew. there were no eyewitnesses to the murder, as sunny said, the issue of motive was murky. in a lot of all that, some sort of accidental homicide would seem to have been a much more plausible theory. interestingly the alternate juror we heard from theory a lot of people had even though there wasn't much evidence. there was somehow some horrible accident, and casey and her father tried to cover it up and the thing snowballed out of control. that frankly is a lot more plausible as a theory than the intentional murder first degree charge that i think -- that i know repelled the jury. they completely rejected it. >> just before, 90 minutes before the verdict came out, i had a conversation with hln's nancy grace who has watched every second of this trial. i posed the question that now we know the answer. could the jury come to the agreement with the defense, maybe we think she did it, but there's reasonable doubt. listen to this exchange. did the defense do a good enough job of saying you migh

going back and forth, telling these jurors why they should believe the prosecution's witnesses. then linda drain-burr is the lead prosecutor on this days. -- up there for a while talking about different things. what hit home is she said, why would cindy anthony want to get rid of this child? why would her father want to get rid of this child? she wrapped up saying why would casey anthony want to get rid of this child? then put up this picture one side the good life tattoo the other side casey anthony in that hot body contest. it was one heck of a way to end things and send that jury out of the room. they started deliberating around 12:30. they took a break for lunch and closed up shop around 6:00. they start up again tomorrow morning 8:30. >> judge jeanine: it seems jeff ashton did more of the forensic stuff and linda does the fire and brimstone take it away and ends with the picture of the tattoo and casey anthony dancing up a storm. >> i've been covering this story for three years. it takes a lot. a lot of rehashing today. for some reason, when she said that and played a conver

baez has completely attacked the prosecution and attacked the science and attacked the tactics of the prosecution. he eventually is trying to establish doubt, doubt and doubt. >> gregg: did he cross the line -- and the judge was suggesting he did -- when he sustained the objections from the prosecution because it appeared as though, jose baez was attacking the motives of the prosecution team? >> listen, that is a tactic many would disagree with. some say it a different way. certainly judges give instructions in this case, instructions of not reacting, not having facial expressions, not attacking the actual integrity of the prosecutor at all or the prosecutor to attack the defense. yes, you can argue the line was crossed. he is trying to save someone's life so he is going to live on edge. that is precisely what he is doing. >> gregg: we're going to play what happened inside the courtroom. very powerful closing arguments from the prosecution and for the defense. let's play jeff ashton the prosecutor. here it is. >>> no real hard evidence, no dna, no fingerprints, nothing, but she is lia

how did the prosecution lose the jury? let's ask our legal panel.s, jim hammer and bernie grimm and told williams. ted rep -- represents the son of the man who found caylee's remains. this was a highly technical case on elements of murder. you have a situation where the remains have been out in the elements for six months, destroying lots of the opportunity to determine cause of death. your thoughts on this verdict? >> what ended with is where i would start. i've prosecuted a bunch of murder cases and investigated a bunch. when you have a bed that decomposed the crime scene is 0 -- have a body that is that decomposed, the crime scene is obliterated, juries want if they are going to vote guilty say i feel like i know how it happened. i feel like i know the motive and i believe he or she did i. the best evidence they had is liar, liar. >> greta: it is not a question of wanting. it is whether the prosecution has proven every almost of the charge, one she was killed by the hands of someone else. if the evidence isn't there the jury doesn't have a choice

the prosecution can't really prove how she died. st problem here. >> we have gotten so far away from the crux of this. it frustrates everyone involved except for the defense. we have seen the dysfunction of the family. in opening arguments the prosecution said we'll show unequivocally casey did this to her little girl. i don't think we have seen this without a reasonable doubt. each side has holes in what they presented. it will be interesting to see what happens now. let's just hope that little caylee gets some justice. we are expecting things if we don't have other delays, expect the jury to probably get this case monday on the 4th. jon: they will be work on what should be a holiday weekend. they are also questionserred. they have been working saturdays. there has to be an inclination to get off their plates and get home. a quick verdict isn't necessarily a just verdict. >> that plays into the defense. if you are putting somebody to death, you need to contemplate that. if you are potentially putting somebody to death, which is voti

still to come, the prosecution makes its closing argument. tal conviction? might casey anthony get off scott free? our legal panel is going to weigh in, next. n the morning because my back hurt so bad. the sleep number bed conforms to you. i wake up in the morning with no back pain. i can adjust it if i need to... if my back's a little more sore. and by the time i get up in the morning, i feel great! if you have back pain, toss and turn at night or wake up tired with no energy, the sleep number bed could be your solution. the sleep number bed's secret is it's air chambers which provide ideal support and put you in control of the firmness. and the bed is perfect for couples because each side adjusts independently to their unique sleep number. here's what clinical research has found: - 93% of participants experienced back-pain relief. - 90% reported reduced aches and pains. - 87% fell asleep faster and enjoyed more deep sleep. for study summaries, call this number now. we'll include a free dvd and brochure about the sleep number bed including pr

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the prosecution has made the argument that the defense's argument are absurd. jeff ashton saying that people don't make accidents look like murder. let's start with you, phillip, what do you think? >> i absolutely agree. i think the defense made a mistake about making this trial about a choice. the law requires that the murder never shifts from the defendant -- i'm sorry, to the defendant. the defendant shouldn't have to prove anything. by making it a choice. molly: stand by just a moment. we are actually seeing the judge taking a seat. he is about to insuct the jury, so let's take a hreupbs. >> in thia listen. >> in this e ed ed caseee marie anthony is charged with first-degreeurr. murder in the first-degree includes the lesser crimes of murder in the second degree, manslaughter and third degree felony murder, all of which are unlawful. a killing that is excusable or was committed by the use of justifiable deadly force is lawful. if you find caylee marie anthony was killed by casey marie anthony you will then consider the circumstances surrounding the killing

the prosecution did not meet their burden. nd frankly, i think the motive was very weak even though they didn't have to move prove a motive. the idea that she would kill her own daughter because her daughter was 2 1/2 years old or three and would soon be speaking ant might reveal the lies didn't make a whole lot of sense to me. my guess is it didn't make a whole lot of sense to the jurors either. >> that didn't make any sense to anybody, really. but what didn't make any sense either -- and i keep coming back to this -- is what kind of mother who loses a child doesn't report it for more than a month? >> you're right, piers. >> that's true. >> she's a bad mother. she's a liar. but is a liar a killer? the state couldn't put it together. they couldn't link the facts to the charging document. and that's why she was found not guilty. >> she wasn't chargeding piers, she wasn't charged with being a bad mother. she was charged with murdering her child. and the fundamental building block of any murder case is manner of death and cause of

what light will it depict the defendant in to the jury. prosecution is saying we're concerned about the argument made by the summation by the defense about the so-called imaginary friendses a if it was a child-like figment, not some evil, vicious part of a scheme to kill caylee anthony. >> eric: could they allude to -- eluding to showing casey as young woman, alluding to the sexual abuse that they have denied and the judge said they can't bring it up. to plant it in the jury's mind without bringing up and sustain objection from the other side? >> jose baez is trying to give us a taste of what he intends to do, depict casey as child-like, someone deals with the heavy issues in a child-like manner, fabricating imaginary friends i think was the tite to feel piece of demonstrative evidence. that is what he is trying to do on some level here. >> jamie: why wouldn't the prosecutor know what evidence was coming in before this moment? >> this is the point to raise. it has been shown now, but it's also psychologically disturbing. if you are mr. baez and you ar