Is 'Adequate and Competent' Enough?

by Diane Fanning 

Down in Orlando, the Casey Anthony pre-trial hearings are stirring up serious legal questions concerning an indigent defendant’s right to qualified defense counsel. Unfortunately, up until now, this issue has been obscured by the circus-like atmosphere that has surrounded this case since Cindy Anthony called 9-1-1.

Many people are complaining that someone like Casey Anthony does not deserve for a single penny of taxpayer money to be spent paying her high priced attorneys. Part of the reason for this outcry is the long amount of time that has transpired since Caylee Anthony disappeared. When jury selection begins, it will be nearly 35 months since Caylee was last seen alive.

The other part of the objection is the apparent guilt of Casey Anthony. I’ll admit that I found the forensic data and the interviews with Casey to be compelling evidence of her involvement in the death of her daughter. Nonetheless, our judicial system is based on the presumption of innocence. Everyone is entitled to have the determination of guilt be made in a court of law. To strip people like Casey of that right is to imperil all of our civil liberties.

The third aspect of the response is an emotional one. On one side of the equation, we have a self-centered, selfish, spoiled young woman. On the other side, an adorable, innocent child, not quite three years old. Your heart must side with Caylee. To make matters worse, the accused murderer has been proven to be a liar, even by her own admission. She has been proven to be a thief by stealing from her own grandmother. She has been proven to care little for her own daughter, as shown by the 30 fun-filled days she spent before being forced to admit that Caylee was missing. It's hard not to despise Casey and nearly impossible to give her the benefit of the doubt. Yet, when it comes to the legal presumption of innocence, it is her right. And, it is in our best interests to ensure that right is not violated.

The issue is much larger and more important than Casey Anthony. It goes to the basic premise of equality under the law. Eighty per cent of the experts in the field of capital case law agree than there is bias in the administration of the death penalty based on social class. In other words, the more money you have to spend on your defense team, the less likely you are to receive the death penalty. That very concept thwarts our principle of equality under the law.

Take the case of Robert Durst. He decapitated his neighbor and claimed self-defense. He had millions at his disposal to buy the best defense team available. In the end, he walked away from the courtroom after the jury bought into the arguments of his attorney. Do you really think the outcome would have been the same if the story had involved a poor man who had no choice but to rely on the adequate and competent counsel of a court-appointed attorney? I certainly don't.

How can we uphold our principles that ensure justice is blind and we are all equal in the eyes of the law?

Ideally, every guilty person would honestly acknowledge their responsibility when charged with a crime, leaving only the decision of how much weight to give to mitigating circumstances when assessing a sentence. But it is not, and never will be, an ideal world. Someone who is willing to take another's life is not going to balk at lying to attempt to save his skin.

Casey Anthony is certainly a case in point. To date, her defense has cost approximately $300,000. Since she was ruled to be indigent in March of this year, the defense has received nearly $40,000 in taxpayer funding, although her legal team has requested far more than that.

Last week, Jose Baez and his team asked for more money for their private investigator (300 additional hours at $40 per hour). Judge Blevin Perry granted only one-fifth of that amount. Perry would not allow any travel expense reimbursement for the new death penalty expert. When the defense asked for $7,500 for a psychological expert, he only granted $2,500. The judge made his position clear: The law requires an adequate defense, not the best defense possible. "I'm not going to write an open check."

WKMG's Tony Pipitone summed up the day in the courtroom: "The law says indigent defendants are entitled to a defense that's competent. But they are not entitled to an O.J. defense unless they can pay for it themselves."

But is that right? Should people like O.J. Simpson be entitled to a better defense than you or I merely because they can afford it? Is that what justice is all about--the size of your wallet

Maybe it's time to think about trial financial reform. The scales should be balanced. Nonetheless, it is unreasonable to expect the taxpayers to shoulder the additional burden of the best defense for the indigent. Maybe we should consider restricting the expenditures of wealthy defendants.

I don't know if that's the answer or if it is even a possibility, but equality under the law requires consideration for all solutions that might lead to the elimination of bias in the courtroom.

Diane Fanning is the author of Mommy's Little Girl: Casey Anthony and Her Daughter Caylee's Tragic Fate.  When the Casey Anthony trial begins next year, you'll find daily updates of the case on Diane Fanning's blog, Writing is a Crime.