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  CASEY ANTHONY ~ DECEMBER ~ 2010

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PostSubject: Casey Anthony Wants Possible Evidence Excluded   Tue Dec 21, 2010 8:47 pm

Casey Anthony Wants Possible Evidence Excluded


Motions Seek To Prevent Mention Of Knife, Shovel, Map, Sexual History

POSTED: Tuesday, December 21, 2010
UPDATED: 6:30 pm EST December 21, 2010



ORLANDO, Fla. -- Attorneys for Casey Anthony, who is accused in the death of her daughter, filed six motions Tuesday seeking to prevent a jury from ever hearing about several items and alleged incidents uncovered by Orange County sheriff’s investigators.



VIDEO: New Motion

Among the possible evidence and testimony Anthony wants excluded from her trial in the death of her daughter, Caylee:

  • Her borrowing a shovel from neighbor Brian Burner in the days just after Caylee disappeared in June 2008.
  • A table knife recovered from the car she was driving in the weeks after the disappearance.
  • An encounter her father, George, had with Texas Equusearch founder Tim Miller, during which Miller claims Casey Anthony was “about to mark on a map where the body was” but failed to respond to a request that she do so.
  • Assertions by Anthony family members that Casey has “a history of lying and/or stealing.”
  • Sexual relationships Casey Anthony may have had with two men, including her last boyfriend, Anthony Lazzaro.

The motions ask Judge Belvin Perry to order the state to respond and set a date to hear arguments on whether the information should be excluded from the trial.
Each of the six motions details the defense’s arguments:

The Shovel


Just days after Caylee disappeared in June 2008, next-door neighbor Brian Burner recalls Casey Anthony borrowing his shovel and returning it within hours. The defense argues this information should be excluded because it, “has not been linked by witness to any forensic evidence whatsoever to any aspect of this case.”
If Burner’s testimony is admitted, it could prove damaging to the defense if jurors wonder why a mother -- whose 2-year-old daughter is missing-- would seek to borrow a shovel from a neighbor to, “dig up a bamboo root that she’s been tripping over,” as the neighbor recalls Casey saying.
Cadaver-sniffing dogs later alerted in the back yard of the Anthony home on Hopespring Drive, according to sheriff’s reports. The prosecution may argue that indicates Caylee’s body was placed in that back yard prior to being dumped around the corner of the home along Suburban Drive, where it was found nearly six months later in December 2008.
“Whether or not Ms. Anthony borrowed a shovel from Mr. Burner does not in any way make the charged offense more or less probable,” the defense motions states. “There is no evidence that Ms. Anthony used or intended to use the borrowed shovel to facilitate the commission of any of the charged crimes.”

The Knife


A table knife recovered by Cindy Anthony from the car her daughter was using, “is utterly irrelevant to the case at hand,” the defense argues. “Forensic testing on the table knife revealed no connection between the table knife and duct tape, the victim or any DNA.”
The knife was tested to determine if it was used to cut the duct tape that was found partially wrapped around Caylee’s skull, and no connection was noted in FBI lab reports.

The Map Scenario


Texas Equusearch founder Tim Miller claims that during a meeting with the Anthony family before Caylee’s body was found, he believed Casey was “about to mark on a map where the body was.” But, instead, Casey did not respond to the offer, Miller claims.
“Such speculation is totally unfounded, irrelevant and immaterial, and should in no way be admitted or testified to by any witness,” the defense argues in its motion.

History Of Lying


Members of the Anthony family have told investigators she has a history of lying and stealing, but the defense says "there are no allegations that character history of the defendant had anything to do with the charged offenses. ... Such improper character evidence" would be so prejudicial, it would outweigh any potential benefit it might have in leading a jury to a just verdict.

Sexual History


Two of the defense motions seek to block any mention of Casey Anthony’s sexual history with two men: Anthony Lazzaro and Anthony Rusciano.
Rusciano, a former boyfriend, and Lazzaro, her last boyfriend, were quizzed about their sexual history by detectives -- interviews the defense argues “are not relevant or material to any issue in this case and, further, are scandalous.”
The state attorney’s office will not comment on pending motions, but if ordered, they will have to reveal to Judge Perry whether they think any of the testimony should be allowed into evidence and, if so, why.
Copyright 2010 by Internet Broadcasting Systems and ClickOrlando.com.
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PostSubject: Casey Anthony case: Defense attempts to eliminate lies and lays   Wed Dec 22, 2010 9:47 am

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Caylee Anthony case: Defense attempts to eliminate lies and lays

Posted on December 22, 2010 by Valhall

Several motions were filed by the defense yesterday to attempt to preclude damaging information about Casey Anthony in the upcoming murder trial. Let’s take a look at these.

  • Motion in Limine Regarding any Testimony that Defendant has History of Lying or Stealing – the request boils down to trying to preclude any statements made by friends and/or family about Casey being a liar and/or thief (i.e. prior bad acts). Keep in mind that “prior” will be argued to start retroactive to June 16th, 2008 because the state is going to make the claim that is the day Caylee Anthony was murdered and every relevant lie on or past that date will be toward a consciousness of guilt and an attempt to cover up that Caylee had been murdered and dumped in a swamp versus having the time of her life at [fill in the amusement park]. Most likely this motion will be granted for any behavior prior to June 16th, 2008….but the state will fight hard to keep the covering lies told by Casey Anthony from June 16th on in as evidence of the intentional cover-up of her crime.
  • Motion in Limine to Prohibit the Introduction of the Table Knife – there was allegedly a table knife in Casey’s Pontiac at the time it was recovered from the impound lot. Cindy Anthony, Merry Maid extraordinaire, took it, along with potentially skanky death clothes and other items out of the car, apparently washed it and placed it in the silverware drawer as far as can be discerned from discovery documents. Law enforcement requested it and she allegedly retrieved the specific knife. The knife handed over was tested but no real evidence of value came from those tests. I think you can see a myriad of reasons the knife will be excluded. They don’t even know if they have the same knife.
  • Motion in Limine Regarding Testimony of Neighbor Brian Burner in Reference to Shovel – unlike the table knife, the shovel cannot be assumed to be “unrelated” to the events surrounding the death and disposal of Caylee Anthony. While there has never been any indication of some connection between the knife and anything related to Caylee’s death, there are ample reasons the the shovel may be connected.

    • It was borrowed 2 or 3 days after Caylee died, and potentially on the day her body was either prepared for disposal, or actually disposed of.
    • There were hits on the backyard and contrary to what the defense will try to say about those hits, they were still hits and the connection between the borrowing of the shovel, the estimated time the body was kept in the trunk, the estimated time the body was removed from the trunk and the evidence from the Anthony home that was with the body (i.e. Whitney laundry bag, Winnie the Pooh blanket, trash bags, duct tape, etc.) there is a clear indication that Casey at least prepared the body at the Anthony home either at the time of death or subsequent to the death.
    • And lastly, let us not forget the “17 allele”. The defense, via now missing Linda Kenney Baden previously attempted to taint the jury pool by presenting this one allele, which was denoted as under conclusive limits, as an indication of a “stranger’s DNA” on the duct tape. In addition, they now have Richard Eikelenboom, who has been listed as an expert witness in DNA (more specifically “contact DNA” who may very well be planning to testify about this one little allele. As I have stated numerous times before, while the state will not bring up this inconclusive, less than one human cell, parenthetical allele on the duct tape, if the defense does they will open the door for the state to point out that Brian Burner has that 17 allele in his DNA. The shovel handle returned a mixture of at least 2 people, one female, one trace male. That 17 allele, which should never be introduced by either side, goes both ways if brought in.

  • Motion in Limine to Preclude Testimony of Anthony Rusciano about Sexual Relations – most likely will be granted due to it being well prior to June 16th, 2008, irrelevant to the events surrounding Caylee’s death and disposal, and “prior bad acts” or maybe it was good….I wasn’t there so I can’t offer a score.
  • Motion in Limine to Preclude statements of Anthony Lazaro about Sexual Relations – unlike the “other Anthony”, Tony Lazaro’s statements about any “hot monkey sex” that may have gone down between him and Casey on or after June 16th, 2008 most likely will not be tossed out. It must be remembered that the only “scenario” presented to date by the defense (via their client) is that Caylee was kidnapped on June 16th, 2008 and for “31 days” Casey did everything in her power (including in her own words lying and stealing) to find Caylee. If she went to Blockbuster, rented movies, ate popcorn and rounded out the night with a bump a grind session with Tony, it’s most likely pretty relevant. After all, I’m almost certain Zanny and Caylee were not hiding under Tony’s sheets.
  • Motion in Limine Regarding Speculation as to Defendant’s Knowledge – this motion is to exclude speculative statements that have been said by Tim Miller about the incident that took place at the Anthony home when he got a map out, George brought Casey to the table and asked her to put an X where Tim and TES searchers should look for Caylee. Please note that while this motion will probably be granted as to any speculation Tim Miller might have about whether Casey was about to mark the spot or not, it won’t preclude Tim Miller recounting the incident sans the speculation. In other words, Tim’s speculative statements imply that Casey knew where the body was, almost marked the map, but didn’t. He gets to tell what happened….he just doesn’t get to say it in away that implies her knowledge or that she was about to share it. At this point it is real unclear to me as to whether Tim will be called at all, so this whole issue may be a very moot point.

Valhall.
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PostSubject: 6 Motions Filed In Casey Anthony Case   Wed Dec 22, 2010 6:25 pm

6 Motions Filed In Casey Anthony Case


Motion Seeks To Block Statements About Anthony's Sexual Relationships




POSTED: 2:50 pm EST December 22, 2010
UPDATED: 4:50 pm EST December 22, 2010


ORLANDO, Fla. -- Six motions were filed on Tuesday that attorneys for Casey Anthony said will protect their client's right to a fair trial.
The motions seek to prevent a jury from hearing statements provided to detectives regarding Anthony's sexual relationships with Anthony Rusciano and Anthony Lazarro.
Attorneys Jose Baez and Cheney Mason say the inquiries are improper.


"Previous sexual relationship between Mr. Lazarro and Miss Anthony is wholly irrelevant and a violation of Miss Anthony's right to privacy," the motion stated.
Baez and Mason said it's the same case with statements from Rusciano.
In another motion, defense attorneys want to prohibit a table knife from being discussed at trial. Investigators said they found such a knife in Anthony's car.
"There is no evidence which links the knife to the commission of any of the charges," the motion stated.
Anthony was charged with first-degree murder involving the death of her 2-year-old daughter, Caylee Anthony.
Caylee's remains were found in a wooded area not far from the Anthonys' home in December 2008.
The defense also wants to block testimony from Texas EquuSearch President Tim Miller, who told a detective and others that he thought Casey Anthony on particular occasions was about to indicate on a map where Caylee's body was located.
Anthony's attorneys said such speculation is unfounded, irrelevant and immaterial and should in no way be admitted or testified to by any witness.
Judge Belvin Perry has slated a hearing for Jan. 3 on all six motions.
Meanwhile, prosecutors in the case have filed a new motion that claims the defense has deliberately avoided providing information about what their experts plan to testify about.
The prosecution wants the court to impose sanctions on the defense to force them to comply with the judge's order to disclose the information.
Copyright 2010 by WESH.COM
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PostSubject: Is Jose Baez a Huge Waste?   Wed Dec 22, 2010 6:39 pm

Is Jose Baez a Huge Waste?



22 Dec
This article is the third in a series examining the opening statement of Jose Baez at a hearing held December 10, 2010. Mr. Baez’s remarks may heard at the following video link.
http://www.wftv.com/video/26093706/index.html
“If he wants to know more about these witnesses, we’re not here to hide anything. In fact, I think the court threw him a major bone by… by actually giving them the subject matter… requiring us to give them the subject matter of what they are going to testifying to. Which is far more than they ever gave us with our 350 plus witnesses that we’ve had to take well over 120 depositions of just to find out what some people were going to testify to. We’ve come across all kinds of surprises and and and been dumbfounded with numerous witness including expert witnesses as to what they’re going to testify to. I… I… I think this is a huge waste of time.”
“If he wants to know more about these witnesses” – Mr. Baez feigns ignorance as the reason Mr. Ashton continues to press for the defense to comply with the court order to provide details as to the expected testimony of the defense experts. Mr. Baez continues to blame Mr. Ashton for Mr. Baez’s flaunting of the court order. The question before the court is not the desires and wishes of Mr. Ashton, but the compliance or non-compliance of Mr. Baez with a written court order.
“we’re not here to hide anything” – Mr. Baez switches from “I” and “me” to “we” in the middle of his lengthy monologue. Mr. Baez told Mr. Ashton to call him, Mr. Baez states Mr. Ashton did not call him, but when hiding “anything” is addressed, Mr. Baez is suddenly part of a group defined as “we”, who is “not here to hide anything”. Why is “we” here? From the construction of the statement, “we” is only “not here to hide anything” if Mr. Ashton wants to know more. If Mr. Ashton does not want to know more and the only issue being addressed in the hearing is the compliance of the defense, then “we” is here to hide anything and everything. If Mr. Baez has nothing to hide, why is he hiding it by not complying with the order?
“In fact, I think the court threw him a major bone” – Mr. Baez describes this statement as “fact”, then immediately counters his own claim by stating this is what “I think”. While it may be a “fact” these are his thoughts, the thoughts themselves are not “fact”, they are his opinions. “Bone” is sensitive as seen by the use of the extra word “major”. Mr. Baez feels Judge Perry favored the prosecution with the court order with which Mr. Baez does not wish to comply. Mr. Baez feels the prosecution and the defense are like pet dogs who are both vying for the favor and attention of their master, Judge Perry. Mr. Baez is upset the master does not favor him as much as Mr. Ashton.
“by actually giving them the subject matter… requiring us to give them the subject matter of what they are going to testifying to” – Order is important. The most important aspect for Mr. Baez of the judge favoring the prosecution is “actually giving them the subject matter”, which is very sensitive as indicated by the word “actually”. The judge either did give or did not give, either being “actually”, although in this case, the judge did neither as Mr. Baez is the party who must “actually” give the information. The most important thing is the prosecution will receive the “subject matter”.
Of secondary importance, but still important enough to cause Mr. Baez to flounder in his verbalization and start his statement over, is the fact Mr. Baez and his associates are required to comply with the court order. Mr. Baez feels it is disastrous the prosecution will receive the “subject matter”, but is also upset he personally will have to “actually” deliver this information.
“the subject matter of what they are going to testifying to” – Mr. Baez acknowledges he knows exactly the intent of the original court order by defining “subject matter”. In the beginning of his statement, he feigned ignorance claiming to be unsure why he was at the hearing. Now, he acknowledges he understood the court’s requirements, even though he did not comply.
“Which is far more than they ever gave us with our 350 plus witnesses that we’ve had to take well over 120 depositions of just to find out what some people were going to testify to” – Mr. Baez attempts to cloud the issue by mixing witnesses with expert witnesses, even though he is aware as an attorney these two groups are distinct in the legal procedures and requirements. If there are “350 plus witnesses” which Mr. Baez had no idea as to their testimony, why did he only take “over 120 depositions”? How was he able to determine “what some (more than 200) people were going to testify to”, if he did not take a deposition and he was not thrown any bones? What is the purpose of deposition if not “just to find out what some people were going to testify to”? What else would one learn other than facts which the witness may testify to in the trial?
“We’ve come across all kinds of surprises” – What “surprises” has Mr. Baez “come across”? Were they pro-defense “surprises”? Has Mr. Baez found anything to support the defense cause? If Mr. Baez read the discovery including the law enforcement interviews with the witnesses, why was he surprised during the depositions? Does “come across” refer to the depositions or to some other form of investigation? How many “kinds of surprises” are there? We do not know, but we do know Mr. Baez claims to have “come across all” the various kinds. Is an unexpected set back to the defense one kind of “surprise”?
“and been dumbfounded with numerous witness” – Mr. Baez states he and his associates conducted multiple depositions in which they were “dumbfounded”. Something they learned in the depostion, a kind of “surprise”, found them “dumb”. They were unable to respond or recover from their “surprise”. Whatever they learned, they were not professional enough to deal with on an intellectual level. An attorney who admits to being dumb enough to be rendered speechless at the testimony of a witness in a deposition is not the caliber of attorney who will be able to perform well in a capital murder trial.
“including expert witnesses” – Mr. Baez acknowledges he is mixing legal apples and oranges with his justification for not complying with the court order because the prosecution did not supply him with the same information for non-expert witnesses even though the discussion is solely about expert witnesses for which different and distinct rules apply.
“I think this is a huge waste of time” – Mr. Baez “think”s, he does not know. Mr. Baez is not sure why he is attending the hearing, but regardless of the unknown reason, he does “think” the hearing is a “huge waste of time”. Unless “this” does not refer to the hearing. Based upon the structure of the statement, “this” could refer to Mr. Baez’s long and illogical opening statement which truly is a “huge waste of time”. Mr. Baez is sensitive about wasting everyone’s time with his pointless diatribe as indicated by the extra word “huge”. Mr. Baez’s statements are not just a “waste of time”, but a “huge waste of time”.
We have learned Mr. Baez wishes the court to believe he is not hiding anything despite his refusal to disclose hidden information.
We have learned Mr. Baez is jealous of Mr. Ashton and the attention and favor Mr. Baez perceives the judge grants Mr. Ashton.
We have learned despite the length of his opening statement, Mr. Baez is at times struck dumb, but we do not know if we shall ever be lucky enough to witness such a time.
We have learned the words of Mr. Baez are a “huge waste of time”, at least in his own mind.
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PostSubject: Prosecutors calls for sanctions against the Casey Anthony defense   Wed Dec 22, 2010 6:49 pm

Prosecutors call for sanctions against the Casey Anthony defense


By Anthony Colarossi, Orlando Sentinel

5:06 p.m. EST, December 22, 2010

A prosecutor in the Casey Anthony case is calling for legal sanctions against the defense for failing to follow a court order and provide detailed information about the pending testimony of expert witnesses.

In a newly filed motion, Assistant State Attorney Jeff Ashton argues, "the state would contend that the defendant is in deliberate non-compliance with the court's order as to certain of their listed experts and that sanctions to address the non-compliance are necessary."

Ashton notes that the defense has said expert Dr. Henry Lee "will render opinions on…crime scene analysis, collection and preservation as well as recovery."

But he says the defense team's inability to summarize so-called "false claims" by crime scene investigators that Lee will rebut "is disingenuous and just plain laughable."

"If Dr. Lee has no opinions that would impeach the testimony of any witness, then compliance with this court's order would require a statement to that effect," Ashton argued. "If he has relevant opinions, the court's order requires that they be listed and the facts supporting them be clearly stated."

Ashton also questions what opinions Dr. Werner Spitz would offer and whether they differ from those of Orange-Osceola Chief Medical Examiner Jan Garavaglia.

Likewise, Ashton questions what defense experts Kathy Reichs and William Rodriguez will state to "'rebut false claims raised by the State's forensic anthropologists,' which cannot be known until they testify. Again a disingenuous and laughable claim."

"The intent of the defense to defy the authority of this court to issue orders of discovery is crystal clear," Ashton wrote.

The motion also questions the testimony of DNA expert Richard Eikelenboom.

"Once again, it is impossible to determine which of the over thirty experts and a dozen crime scene technicians that the witness will allegedly rebut," Ashton says. "The excuse provided is laughable and indicative of the deliberate attempt to flaunt the rules and intent of discovery and this court's order."

He adds that with all the witnesses mentioned in his motion "the information provided is in fact no information at all. It is impossible to depose and prepare for testimony to be provided by these witnesses with the information currently provided by the defense."

Ashton noted that Florida rules of criminal procedure allow the court to prevent parties from calling witnesses or introducing certain evidence if they fail to follow discovery rules. He also cites rules stating an attorney can be subject to "contempt proceedings" and costs by violating discovery rules.

Ashton says the state will reserve its request for specific sanctions until a hearing is held, but noted that any sanction should enable the state to prepare for trial in a timely way; ensure that the defense will "refrain from future violations of discovery;" and protect Casey Anthony's "right to a fair trial and an adequate defense."

Casey Anthony is accused of killing her 2-year-old daughter in 2008. Anthony is charged with first-degree murder in Caylee Marie's death. She remains held without bail at the Orange County Jail. Her trial is scheduled for May.
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PostSubject: Casey's Defense No Longer Looking At Kronk As Suspect   Thu Dec 23, 2010 9:49 pm

Casey's Defense No Longer Looking At Kronk As Suspect





Posted: 5:12 pm EST December 23, 2010
Updated: 6:15 pm EST December 23, 2010

ORANGE COUNTY, Fla. -- The man who found Caylee Anthony's body in the woods is back to being a hero in the case. It looks like the defense abandoned its claims that Roy Kronk should be a suspect instead.

More than a year ago, Casey Anthony's defense team attacked one of the key prosecution witnesses, Roy Kronk, the Orange County meter reader who found Caylee's remains in December 2008, but also reported finding them four months earlier in the same wooded area near the Anthonys' home.

Kronk's earlier report was not fully investigated by a patrol deputy, who was later fired. In an attempt to cast doubt on Kronk's damaging testimony, the defense said he should be a suspect and got people in Kronk's past to make disturbing accusations against him.

The defense had until December 23 to ask Chief Judge Belvin Perry to bring those accusations against Kronk into the trial so a jury could hear them. It didn't happen.

"The defense was floating balloons to see how this shift of focus from Casey to Kronk would play out. It did not play out well at all. It backfired," WFTV legal analyst Bill Sheaffer said.

Kronk has told WFTV he was horrified over the defense team's accusations and has denied being involved in her murder.

Thursday, Kronk's attorney said this validates what they've said all along, "that the Anthony defense's attacks on Roy were not only false, unfair and designed to deflect attention from Casey Anthony, but also a losing strategy."
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PostSubject: Casey Anthony: Prosecutors Ask for Sanctions   Fri Dec 24, 2010 11:47 am




Casey Anthony: Prosecutors Ask for Sanction




It was never a question of if, but of "when" and "how often" when it came to prosecutors having enough of the Casey Anthony nightmare defense team.

The Orlando Sentinel is reporting what may be the first in a long line of requests for the judge to issue sanctions against the defense.

Having long endured juvenile and silly taunts from Jose Baez, as well as outright lies about emails, phone calls, discussion, picking up or paying for copies, and so on, the prosecution now has formally asked the judge to say "no mas" to Jose Baez.

Judge Perry has bent over backwards in tolerating the blunderings of the inexperienced Baez, likely with one eye upon the inevitable appeal. At times, Perry has lectured Baez on some of the 101's of filing or court room behavior. This time, however, Perry may do more than issue the school house lectures we've become accustomed to hearing.

Ashton appears to have reached his limit of patience with the bumbling bluffs of Baez and uses strong language to say so.

From the Sentinel:

A prosecutor in the Casey Anthony case wants the judge to punish defense lawyers, saying they failed to follow a court order requiring them to provide detailed information about the upcoming testimony of expert witnesses.

In a newly filed motion, Assistant State Attorney Jeff Ashton argues the defense team is "in deliberate non-compliance with the court's order as to certain of their listed experts and that sanctions to address the non-compliance are necessary."

Ashton notes that the defense has said expert Dr. Henry Lee "will render opinions on…crime scene analysis, collection and preservation as well as recovery."

But he says the defense team's inability to summarize so-called "false claims" by crime scene investigators that Lee will rebut "is disingenuous and just plain laughable."Note the language used. Ashton shows that the statements of the defense are beneath argument. Normally, this might be something that raises the question of why prosecution isn't sticking to the argument at hand. But if you've been listening to the claims of Baez for the past 2 years, you may likely share Ashton's opinion.

Baez has long promised startling new evidence to show that Caylee is alive; as well as promising startling new evidence to show that someone else killed Caylee, in case she is not alive.

How does Prosecution answer such without losing patience?

It may be time for Judge Perry to say "enough, now" to the defense.

This is another indication that prosecution may not be agreeable to any plea bargain that the defense might seek.


"If Dr. Lee has no opinions that would impeach the testimony of any witness, then compliance with this court's order would require a statement to that effect," Ashton argued. "If he has relevant opinions, the court's order requires that they be listed and the facts supporting them be clearly stated."
Ashton also questions what opinions Dr. Werner Spitz would offer and whether they differ from those of Orange-Osceola Chief Medical Examiner Jan Garavaglia.

This equates to calling Baez' bluff. Baez long bluffs, with the sophistication of an 8 year old learning poker, and is, with the exception of WFTV, mostly ignored. Not so here.
Likewise, Ashton questions what defense experts Kathy Reichs and William Rodriguez will state to "'rebut false claims raised by the State's forensic anthropologists,' which cannot be known until they testify. Again a disingenuous and laughable claim."

The repetition shows sensitivity; likely restraint that has lost strength.
"The intent of the defense to defy the authority of this court to issue orders of discovery is crystal clear," Ashton wrote.

Here we have a strong reminder to the Judge that at some point, his leniency is being taken advantage of by Baez.

People will ask: will Baez have a license to practice law when all is said and done?

Jose Baez, one of Casey Anthony's defense lawyers and the attorney who has addressed the court on this issue, had no immediate comment on Ashton's motion. Instead, Baez said the defense will file its response formally in court.

He likely has to ask Mason to write a reply for him, (after explaining to Baez what it means)
The Ashton motion also questions the testimony of DNA expert Richard Eikelenboom.

"Once again, it is impossible to determine which of the over thirty experts and a dozen crime scene technicians that the witness will allegedly rebut," Ashton says. "The excuse provided is laughable and indicative of the deliberate attempt to flaunt the rules and intent of discovery and this court's order."

note that "flaunt the rules" comes before "intent of discovery" and "this" court's order. This is language that attempts to heighten the pressure upon the Judge to put a stop to the circus like claims made by Baez. Baez may not realize that he is in for a fight come May.

He adds that with all the witnesses mentioned in his motion "the information provided is in fact no information at all. It is impossible to depose and prepare for testimony to be provided by these witnesses with the information currently provided by the defense."

This may be in response to phantom witnesses who will testify to phantom events. It is similar to the relatives from Ohio who haven't seen Casey since she was 2 or 3 years old, but will testify when the death penalty phase comes.

Ashton noted that Florida rules of criminal procedure allow the court to prevent parties from calling witnesses or introducing certain evidence if they fail to follow discovery rules. He also cites rules stating an attorney can be subject to "contempt proceedings" and costs by violating discovery rules.

How long until the word "contempt" is heard again?
Ashton says the state will reserve its request for specific sanctions until a hearing is held, but noted that any sanction should enable the state to prepare for trial in a timely way; ensure that the defense will "refrain from future violations of discovery;" and protect Casey Anthony's "right to a fair trial and an adequate defense."

This cuts to the heart of the fears of many seeking justice: that Jose Baez, the clown prince of Florida attorneys, will trip, stumble and fall so badly that Casey will be given a mistrial based upon ineffectual defense. Some have said that the bar is set so high, that an attorney must "pretty much fall asleep during the trial" in order to have a mistrial declared by ineffectual trial (or appeal).

Casey Anthony would have gotten a better defense had Baez fallen asleep and said nothing rather than being alert and speaking.

This same principle goes for Cindy Anthony.

There was an opportunity for her to garner public sympathy for "grieving" and "loving" grandparents, but instead, the thirst for money and fame caused Cindy to seek out the media, who responded in kind, but asked questions that Cindy did not like.

True to form, Cindy and company resorted to the same level of lying as Casey did.

If Casey invented a babysitter, Cindy swore that the babysitter had a dog.
If Casey invested the nanny, George gave her a "perfect 10" description.
If a polygraph was to be administered to get to the truth in order to recover Caylee, uncle Lee was there to thwart it and make sure that no one in his family was polygraphed.

They revealed their own characteristics which were remarkably similar to Casey's own and the public despised them.

Cindy hurt Casey's case, just as Baez did.

"I don't, you know, sit at home and cry at night over what the prosecutors say about me", Baez said.

We know, via negation, that this is exactly what Baez did.

It didn't bring him any sympathy either.


Casey Anthony is accused of killing her 2-year-old daughter in 2008. Anthony is charged with first-degree murder in Caylee Marie's death. She remains held without bail at the Orange County Jail. Her trial is scheduled for May.

Ashton filed a separate response to the court order to provide information about certain expert witnesses for the prosecution. In the response, Ashton says 36 of the state's 38 expert witnesses have submitted reports or co-signed reports about their testimony and opinions.

The remaining two who have not are Christine Ballard and David Bogart.

Ballard is a graduate student working for another expert in the case. Her expertise is forensic anthroplogy. She will testify about the creation of a "video superimposition involving a photograph of Caylee Anthony in life, a photograph of her skull and a photograph of the duct tape found with her skull," the document states.

Bogart is an expert in radio frequency engineering. He will testify about the "interpretation of movement and usage patterns of the defendant's mobile phone," according to the response.

Bogart's work is similar to that of another witness, and Ashton said a report will be provided when complete.

Posted by Seamus O Riley at 7:15 AM
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PostSubject: How Much Mondy Did George Anthony Take From River Cruz?   Fri Dec 24, 2010 1:38 pm

How Much Money Did George Anthony Take From River Cruz?



23 Dec
After police discovered a woman linked to George Anthony during their investigation of the murder of his granddaughter, Caylee Anthony, the family attorney began issuing statements denying the testimony of River Cruz to the investigators.
Ms. Cruz claims to have given Mr. Anthony several thousand dollars in smaller increments over the course of several months. She estimates the total dollar amount at just under $5,000 with the single largest transaction in the amount of $1,250.
Many disbelieve the claims of Ms. Cruz and point to her background or other factors as the reason for their lack of faith in her veracity. In this article, we will examine the statements of the attorneys for George Anthony to determine the truth.
On March 16, 2010, Brad Conway, the attorney representing George Anthony at the time, issued an e-mail statement which may be found at the following link.
http://articles.orlandosentinel.com/2010-03-16/news/os-casey-anthony-woman-claims-affair-20100316_1_george-anthony-caylee-s-death-denies
“‘George denies accepting any money from River Cruz. We don’t know if she donated any money to the search fund but if so it certainly was not a large amount as she claims,’ Conway said in an e-mail.”
“George denies accepting any money from River Cruz” – Notice Mr. Conway makes no statement as to his personal belief or disbelief in the statement of his client. “George denies” is a misdirection as the question is did he accept money from her or not. “George denies” does not speak to the truth, but to the reaction of Mr. Anthony to the statement of Ms. Cruz.
“We don’t know if she donated any money to the search fund” – Who is “we”? Mr. Anthony and Mr. Conway? The readers of the e-mail? The public? If “we” knew, there would be no need for a statement from Mr. Conway. Again, this is a misdirection. The question is still did Mr. Anthony accept funds from Ms. Cruz. Mr. Conway misdirects us “to the search fund”. No one is asking if Ms. Cruz donated to the search fund, but rather did she give money directly to Mr. Anthony which he accepted.
“but if so” – Mr. Conway immediately negates his statement of not knowing if “she donated any money to the search fund” by acknowledging not only she may have, but also he has personal knowledge of the dollar amount as indicated by the conditional statement which follows “if so”.
“it certainly was not a large amount as she claims,” – Now Mr. Conway “certainly” knows the dollar amount as he is able to make a comparison between it and the dollar amount Ms. Cruz claims to have given. However, the phrase “as she claims” is yet another misdirection. The statement Mr. Conway is responding to refers to monies given directly to George Anthony, not the search fund. Therefore, Ms. Cruz did not claim to give money “to the search fund” which is what Mr. Conway is addressing. She probably did not give $5,000 to the search fund because she already gave Mr. Anthony all her money. How is Mr. Conway so certain of the size of the donation if he does not even know if she made one? Mr. Conway’s statement is a deception of misdirection using true, but irrelevant, facts. Mr. Conway is a liar.
The next day, March 17, 2010, Mr. Conway released a statement to the television press which may be found at the following link.
http://www.wftv.com/news/22863099/detail.html
“Conway said, ‘George did not have a sexual relationship with her (River Cruz). He did not receive $5,000 or whatever she is claiming she gave him.’”
“He did not receive $5,000 or whatever she is claiming she gave him” – This may have been a strong statement, but Mr. Conway tacked on “whatever she is claiming she gave him.” Mr. Conway is not comfortable leaving the statement at “did not receive $5,000″, so he felt the need to bolster it with irrelevancy. He knows what “she is claiming” or he would not be on television making his own counter-statement. Again, Mr. Conway is a liar.
Mr. Anthony’s newest attorney, Mark Lippman, issued a statement on Dec 17, 2010, which may be found at the following link.
http://www.prlog.org/11159810-orlando-attorney-mark-lippman-issues-media-statement-regarding-legal-representation-in-casey-anthony.html
“1. At no time did George Anthony request $20,000 from Holloway/Cruz.”
“At no time” – Why is Mr. Lippman addressing “no time” when the question at hand is did Mr. Anthony accept monies from Ms. Cruz during the time frame when he was visiting her home in a gated community? Mr. Lippman attempts to misdirect just as Mr. Conway did.
“did George Anthony request” – Another misdirection. The question remains did George Anthony accept, not request. In a recent audio interview, Ms. Cruz stated she felt badly for Mr. Anthony based upon his descriptions of his family woes, so she voluntarily gave him money which he had not requested, but which he did accept.
“$20,000″ – The dollar amount claimed by Ms. Cruz has consistently been about $5,000. Why does Mr. Lippman make a sudden jump in dollar levels? Are we about to see a further revelation, perhaps from bank account records, which Mr. Lippman is making a preemptive strike to downplay?
We have learned from the clumsy misdirection and lies of his attorneys, Mr. Anthony did accept money from River Cruz. The dollar amount is in question and may be significantly higher than her initial claims, but it is clear Mr. Anthony did accept funds from the woman with whom he claims he had no relationship.
We have learned the attorneys for Mr. Anthony feel this issue is so important they must make multiple public statements to counter the information supplied by Ms. Cruz. On what did Mr. Anthony spend Ms. Cruz’s money? We will soon discover the monies were spent on further tampering with the Caylee Anthony investigation? Will the money trail lead to charges of obstruction of justice for George Anthony?
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PostSubject: A Casey Christmas   Mon Dec 27, 2010 9:49 am

A Casey Christmas

Saturday 25 December 2010 4:07 am


Christmas 2010 is the third consecutive time Casey Anthony has spent the holiday behind bars at the Orange County Jail in Orlando.

If you recall… she is facing a first degree murder charge in the death of her 2 – year old daughter, Caylee.

The toddler disappeared on or around June 16th, 2008… and has not been seen alive since.

Her remains were discovered December 11th of that year in a wooded area… on Suburban Drive… three – tenths of a mile from the home in which she lived her short life.

Casey has been jailed since her arrest on the murder charge in October of 2008.

Christmas day around the Orange County Jail is routine for Casey…. she’ll remain in her 12 by 8 foot cell… where everyone can look in.

The jail’s public information officer Allen Moore says her dinner will consists of glazed turkey ham… mashed potato… savory bread dressing… seasoned green beans…. chocolate cake… bread and butter.

The dinner is what every other inmate at the facility receives.

There is nothing special at Christmas for Casey.

She is a high profile prisoner and gets nothing special.

Casey hasn’t had a conversation with her parents in a few years… ever since the initial visits after she was first jailed in 2008…. which became instant hits on the internet… local television news and the Nancy Grace Show on CNN’s Headline News.

The only visits she gets these day is from defense attorney Jose Baez or other’s associated with the case.

In essence… it’s a very lonely life for Casey… the one time party girl…. the sexually active girl who banged like a screen door in a hurricane and the mother of Cayle
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PostSubject: To Kronk or Not To Kronk?   Tue Dec 28, 2010 12:05 pm

To Kronk or Not To Kronk?

Filed under: TheJBmission, Casey Anthony, Caylee Anthony by thejbmission
December 27, 2010



On December 24th WFTV reported that Casey Anthony’s defense team had missed their deadline to pursue Roy Kronk the Lone Hero who found Caylee Anthony’s remains as a possible suspect.
It’s been reported that because Jose Baez failed to meet the deadline, Roy Kronk is a free man or so surmised WFTV-Channel 9 in speculating that Anthony’s attorneys have dropped plans to suggest that Roy Kronk is a suspect in the murder of Caylee Anthony.
Fact or fiction? Perhaps by the next hearing on January 3, 2011 we’ll have this information coming straight from Mr. Baez himself. As an interested blogger participating in the Casey Anthony saga, I have minimal control in judicial matters of this case or at least I would hope but MAYBE not.
Judge Strickland was recused from this case for fraternizing with Marinade Dave (a obsequious blogger who was awarded The Orbbie from the Orlando Sentinel) and now State Prosecutor Jeff Ashton has referred to bloggers in his recent motion to Judge Perry. Bloggers have suddenly become part of the vocabulary used not only in judicial motions but verbally mentioned in a Court of Law involving the accused mother of the victim Casey Anthony who is standing in court literally fighting for her life.
I, JBMission, only have an opinion when it comes to Roy Kronk and what makes him a viable suspect or participant in Caylee Anthony’s murder or cover-up.
In my opinion, if the OCSO didn’t have Casey Anthony’s mistruths and deceptions on record, without a doubt the State Attorney’s Office would have picked Roy Kronk’s story apart from the day he officially found Caylee on December 11, 2008 retracing his steps to his first 911 call on August 11, 2008 and likely would have made him a strong Person of Interest considering these several factors.
Factor #1. Roy Kronk was arrested and charged with kidnapping in May 1992. Auspiciously, Beaufort County, SC did not believe his captive/accuser and dismissed charges. Roy Kronk later had this charge expunged from his record for the sake of his career in the Coast Guard.
Although the woman who accused him of kidnapping her is now deceased there are family members and an ex-husband who are more than willing to testify in her behalf IF need be.
Roy Kronk’s own father said that Roy Kronk rented a car and brought handcuffs, duct tape and a plastic gun to Beaufort, SC to force her to come back with him to Key West.
Kronk’s determination drove him over a thousand miles to Beaufort County, SC to kidnap XX. Fortunately, her fiancee came home on leave just in time to save her from Roy Kronk. Her fiancee, a Marine had the distinct pleasure of beating the shit out of Kronk.
Factor #2. Here’s ANOTHER person who tells a similar story about Roy Kronk’s propensity to abuse and take women against their will. Jill Kerley. She is his ex-wife who said in a recorded video that Roy Kronk had beat her on several occasions and used “100 mph duct tape” around her hands to keep her from calling for help. While in Maryville, he packed a bag put it in the car and told her they were going to the store and instead took her to Maryland where his father lived. There she was beat in front of Roy Kronk’s father so badly that she needed to go to the hospital.” She claims RK was capable of murder and she thought he tried to kill her by putting something in a glass of wine which she drank and later passed out for no apparent reason except for the tainted wine.
When Baez asked Jill Kerley what she thought when she heard that Kronk was the person who found Caylee’s remains, her first thought was “he did it. He murdered Caylee or had something to do with it.”
It was interesting to learn that RK was fanatically obsessed with the fantasy video game “Dungeons and Dragons”. When asked by the investigator if Kronk can be believed, JK said, “He wouldn’t know the truth if it was slapped upside his head.”
Jill Kerley interview


Factor #3. Eleven years ago, in a 1997 report from Kingsport, Tennessee, Kronk called in a tip to investigators that they would find several stolen guns and other items in a wooded field but when officers searched the field they were unable to find any of the items Kronk had reported.
Incidentally, Jill Kerley lived only 2 hours from Kingsport, Tennessee. After reading this report, I think this validates Jill Kerley’s fear that Kronk was still intending to cause her harm. Jill Kerley told Jose Baez she had no idea that he was that close to her in 1997.
Considering this story is eerily similar to what Kronk did in Orlando, Florida, I can see where the Defense team or anyone would raise an eyebrow.
Find firearms report here:
http://www.clickorlando.com/news/24443621/detail.html
Factor #4. Crystal Sparks, another ex-wife of Roy Kronk, who is not disgruntled in any way had lots to say about Roy Kronk. She said Roy’s father called her with the news that Roy was in jail on kidnapping and elaborated RK rented a car and brought handcuffs, duct tape and a plastic toy gun to retrieve his girlfriend who had fled back to Beaufort, South Carolina. Crystal Sparks has no reason to make this up.
CS spoke of Roy Kronk’s estranged family and particularly about his sister Susan. Susan was not a big fan of Roy’s. Susan also had deep concerns with her 2-3 year old daughter Jessica’s closeness to Roy. At a family gathering at Crystal’s home, she recalls Susan was adamant that Jessica not sit on Roy’s lap. For this reason Crystal had concerns about Roy being around young girls too.
It’s in this interview that Crystal opens the door to a phone call Roy made to their son Brandon Sparks. She recalls Brandon telling her about Roy calling Brandon in mid-November, approximately 2 weeks before Thanksgiving 2008 telling him, “you’re going to see me in the news. I’m gonna be a hero. I know where the little girl Caylee is and I’m going to get her,” he adds, “when the water went down.” According to Crystal Sparks, Susan had heard through her obsequious brother Roy that he had found the “little girl’s” body in middle November too. Crystal elaborated more on Roy’s obsession with Dungeon’s and Dragons, saying he likes anything in the fantasy realm and he lies a lot.
Crystal Sparks interview


Factor #5
Here’s a guy who finds Caylee’s remains in August, calls LE on 3 different occasions and they can’t find Caylee’s remains while standing there with Kronk pointing to it. That doesn’t seem likely.
Factor #5 is the most valuable for the Defense. If the Defense believes in LE, doesn’t that seem odd that someone would find her in August and NOT in September, October or November?
I don’t think Baez has much of a choice when it comes to Roy Kronk.
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PostSubject: Casey Defense To Depose Its Own Bug Expert   Tue Dec 28, 2010 3:08 pm

Casey Defense To Depose Its Own Bug Expert


Entomologist Disagrees With Coffin Finding In Anthony's Trunk


POSTED: 11:06 am EST December 28, 2010
UPDATED: 11:16 am EST December 28, 2010


ORLANDO, Fla. -- The defense's bug expert in the case against Casey Anthony will be deposed on Tuesday,.
Entomologist Tim Huntington is expected to rebut some claims made by the state's bug expert, Neal Haskell.
WESH 2 News interviewed Haskell in Indiana in November. Haskell teaches a formula that uses temperature and environment to predict a window of time when someone died.
In 2008, Haskell identified microscopic flies, or coffin flies, he said were feeding on decompositional fluids in the trunk of Anthony's car.
Haskell's report is key to the prosecution's claim that Anthony drove around with her dead daughter's body in the trunk.
Haskell said he trained Huntington.
The defense hopes Huntington's testimony may create a different timeline for Caylee Anthony's death.


Defense: No 'Coffin Flies' In Casey's Trunk


Anthony defense attorney Cheney Mason said in November that defense experts claim there were no coffin flies in the trunk at all.
Anthony's murder trial is expected to begin in May.
Lawyers in the case will head back to court on Jan. 3 for another hearing. WESH.com will provide live coverage.
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PostSubject: Entomologist To Be Deposed In Case Against Casey   Tue Dec 28, 2010 3:15 pm

Entomologist To Be Deposed In Case Against Casey


Posted: 9:02 am EST December 28, 2010
Updated: 1:45 pm EST December 28, 2010




ORANGE COUNTY, Fla. -- A deposition is scheduled for Tuesday in the case against Casey Anthony via Skype with forensic entomologist Dr. Tim Huntington. The board certified entomologist is also a biology professor at Concordia University in Nebraska.

Entomology deals with the study of insects. As WFTV has reported, investigators found coffin flies and maggots in the trunk of Casey's car.

Documents say Huntington could give counter-testimony from the state's expert entomologist at Casey's trial next year.

Meanwhile, Casey is scheduled to be in court on Monday, January 3 for another hearing.
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PostSubject: Casey Defense Wants Heart Sticker Thrown Out   Tue Dec 28, 2010 8:51 pm

Casey Defense Wants Heart Sticker Thrown Out


Defense Claims Sticker On Duct Tape Attacked To Skull Wasn't There




POSTED: 6:01 pm EST December 28, 2010
UPDATED: 6:14 pm EST December 28, 2010



ORLANDO, Fla. -- Casey Anthony's defense team wants all evidence of a heart-shaped sticker excluded from Anthony's murder trial.
Defense attorney filed a motion late on Tuesday asking that the evidence not be included when the trial begins in May.
Investigators claim they found the adhesive outline of such a sticker on the duct tape that was attached to Caylee Anthony's skull. The FBI said it appeared the sticker was put on the tape intentionally.
Investigators said they found sheets of similar stickers among Anthony's belongings.
Anthony's defense claims the sticker was never there.
The FBI admitted in 2009 that it destroyed residue of a heart-shaped sticker on the duct tape when it was conducting another test.
Copyright 2010 by WESH.COM.
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PostSubject: Casey Investigator Wasting Taxpayer Money, Motion Suggests   Tue Dec 28, 2010 8:57 pm

Casey Investigator Wasting Taxpayer Money, Motion Suggests


Defense Investigator Out Hours, Despite Recent Allocation




POSTED: 4:16 pm EST December 28, 2010
UPDATED: 5:25 pm EST December 28, 2010





ORLANDO, Fla. -- An investigator for Casey Anthony's defense team may be wasting time and taxpayer money, a new court filing suggests.


In a new 80-page filing, the Justice Administrative Commission said the investigator is already over his budgeted hours even after being allocated another 100 by Judge Belvin Perry just two weeks ago.
The JAC doles out taxpayer money to indigent clients, like Anthony, who was declared indigent in March.
Records show Florida taxpayers have already spent more than $18,000 funding an investigator for Anthony's defense.
JAC said in the new filing that investigator Jeremy Lyons has billed for 471 hours of work. He has only been budgeted 470 so far.
The JAC said the investigator is spending time on tasks that could be performed by a paralegal or secretary.
Copyright 2010 by WESH.COM.
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PostSubject: Still Unclear What Key Casey Evidence Will Be Allowed   Wed Dec 29, 2010 10:12 pm

Still Unclear What Key Casey Evidence Will Be Allowed


Questions Remain Over Heart-Shaped Sticker, Casey's Response, Kronk's Past




POSTED: 5:40 pm EST December 29, 2010
UPDATED: 6:31 pm EST December 29, 2010


ORLANDO, Fla. -- Before Casey Anthony's trial in the murder of her daughter begins in May, several key battles of evidence in the case will have to be fought.


Anthony's defense claims there is nothing to support an FBI analyst's speculation that residue of a heart-shaped sticker was on the duct tape prosecutors believe was used to murder Caylee Anthony.
The defense team wants the sticker thrown out as evidence.
READ: Heart-Shaped Sticker Motion
"I think this is something the judge will find in the defense's favor," said Orlando criminal defense attorney Richard Hornsby, who is not affiliated with the case.
Anthony's defense successfully argued to have a jailhouse video sealed of Anthony's emotional reaction to news coverage on the day that her daughter's remains were found.
Sources confirm there's been no ruling on whether it can be introduced by prosecutors as proof that Anthony knew the remains were her daughter's before they were identified.
"Until the defense comes forward with a motion, it's fair game for the state to try to introduce it in the trial itself," Hornsby said.
Also remaining, the question of whether Anthony's defense will try to have evidence admitted at the trial of Roy Kronk's alleged "prior bad acts." Kronk found the remains off of Suburban Drive in 2008.
"The Kronk stuff has been the elephant in the room," Hornsby said. "If you're going for an innocence argument you have to have someone to point the finger at."
Hornsby said the defense can still try to introduce the Kronk evidence at trial, but there's no guarantee that Judge Belvin Perry will allow it.
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PostSubject: Casey Defense Files Motion To Keep Sticker Evidence Out   Wed Dec 29, 2010 10:18 pm

Casey Defense Files Motion To Keep Sticker Evidence Out


Evidence that could link Casey Anthony to her daughter's murder could be thrown out of court. Casey's defense team filed a new motion Wednesday to try to keep jurors from hearing evidence regarding a heart-shaped sticker.







READ: Heart Sticker Motion | Memorandum | Warrant Affidavit
VIDEO REPORT: Defense Wants Evidence Thrown Out




The sticker was found with Caylee Anthony's remains and similar stickers were found at the Anthonys' home on Suburban Drive.

Casey's defense says the evidence of residue from the sticker on the duct tape was destroyed in FBI testing and hasn't been recovered. Since they say the evidence doesn't exist, allowing it in court would prejudice the jury against Casey.

In the murder of Caylee Anthony, the small heart-shaped sticker is one of the most memorable pieces of evidence.

The evidence was found with Caylee's remains and later, an FBI investigator found residue in the same shape of the heart on duct tape that was wrapped around her mouth.

"Yes, that's going to be an emotional issue with the jury," WFTV legal analyst Bill Sheaffer said.

Sheaffer said it is key since it could connect Casey to the murder because similar stickers and sticker backings were later found in the Anthony home.

The defense even calls it "phantom heart sticker evidence." An FBI fingerprint examiner found the residue on that duct tape, using a technique called super glue fuming.

But testing destroyed that evidence. The defense quoted the investigator as not being able to confirm the residue was from a sticker, saying, "What I saw could be a sticker. It could be anything."

The defense team argues it shouldn't be allowed since the evidence no longer exists and its experts can't examine it.

However, Sheaffer believes it will likely be allowed.

"My opinion, this is a matter of weight and credibility, not so much a matter of admissibility," he said.

If admitted, he expects the defense will tell the jury the evidence shouldn't be given any credibility since it can't be reproduced. But if it's not allowed, it won't make or break the case because there it's just one piece in a whole chain of circumstantial evidence.

Meanwhile, Casey is scheduled to be in court on Monday, January 3 for another hearing.
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PostSubject: Casey Anthony: Will heart-shaped sticker be part of trial?   Wed Dec 29, 2010 10:24 pm

Casey Anthony: Will heart-shaped sticker be part of trial?
Caylee and Casey Anthony, Jose Baez, WESH, WFTV — posted by halboedeker on December, 29 2010 6:29 PM



Caylee Anthony's mother is accused of her murder.
Will Casey Anthony’s defense team be successful in keeping any mention of a heart-shaped sticker out of her murder trial? Stations offered starkly different speculation tonight.

On WESH-Channel 2, Orlando attorney Richard Hornsby predicted that Chief Judge Belvin Perry will find in the defense’s favor. “I wouldn’t be surprised if the prosecution simply conceded on this specific issue,” Hornsby said.
But WFTV-Channel 9 legal analyst Bill Sheaffer predicted the sticker will be part of the trial and that it will be an emotional issue for the jury. “My opinion [is] that this is a matter of weight and credibility of the evidence, not so much a matter of admissibility,” Sheaffer said.
Anthony is charged with first-degree murder in the death of her daughter, Caylee. An FBI lab technician found heart-shaped residue on duct tape placed over the toddler’s mouth, according to a detective’s report.
But in a defense motion filed late Tuesday, Jose Baez wrote, “The alleged existence of this phantom image was only seen for a fleeting moment by two fingerprint examiners who did nothing to preserve it or even photograph it so it could be seen by others.”
Baez also wrote: “Despite their complete lack of basis in fact, these reckless and patently untrue statements have exploded in the media and quickly spiraled out of control. There is now a common public perception, contrary to fact, that actual residue of a sticker was found on the duct tape.”
How crucial is the sticker in the case? WFTV’s Jeff Deal said, “If it is admitted, Sheaffer says defense attorneys will likely tell the jurors they shouldn’t give it any kind of credibility. But if it’s not allowed, he says he doesn’t think it’s going to make or break the case because it’s just one small piece in a whole chain of circumstantial evidence.”
Then there’s the matter of the tape itself. On WESH, Hornsby said, “The Henkel brand tape is just something that seems to concretely connect tape found on Caylee to Casey Anthony because it was found at her home.”
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PostSubject: Casey Anthony Updates   Wed Dec 29, 2010 11:07 pm

Casey Anthony Updates


Well, the defense has been busy. This time, the author of the motion is Jose Baez. I love the title of the latest motion in limine, Motion Of Law to Preclude Phantom Heart Sticker Evidence. Included in the file is the Memorandum of Law.

In the motion, Baez points out that since the lab technician never took photographs of the supposed heart-shaped-residue, it should be excluded from the trial.

I suppose we will hear this motion on Monday, January 3, 2011 along with those filed last week by Cheney Mason.

I have no idea how the Assistant State's Attorneys will argue these motions, but it should be an interesting hearing just to see how it all works out.

Also, I checked over at the Clerk of the Court and found the following motions filed today:

Motion to Exclude Unreliable Evidence (A rather vague title, I have to wonder what evidence the defense believes to be unreliable.)

Memorandum of Law in Support of Motion in Limine to Suppress Video Footage

Motion In Limine to Suppress Video Footage (Same here as to being vague.)

I'm not even going to guess at which video footage they may be talking about as I'm always wrong!

I hope Muzikman will be able to get these motions if they aren't up in the press!

The JAC has also been busy. Due to the fact that my holiday vacation was extended due to the blizzard in the northeast, I haven't had the energy to read much of this right now, but the JAC js going after the defense for its expenses. I read a bit and do know that PI Jeremy Lyons has spent a lot of time knocking on doors and getting no answer. He has also opined as to whether or not he thought somebody was home. It's a good read and I plan to read it all when I'm caught up with my sleep.

The motions above, as well as the JAC documents below are courtesy of the ever-busy Muzikman.

JAC Notice of Filing and Exhibit B - Court Orders

JAC Notice of Filing Exhibits C and D - Lyons Billing and JAC response

It's hard to believe that NEXT MONDAY at 1:30 PM we will be having another hearing! I've heard rumors that the State's Motion For Sanctions will also be heard.

If so, break out the snacks and beverages as it could be a very long hearing!
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PostSubject: Defense Wants Casey's Reaction To Remains Suppressed   Thu Dec 30, 2010 4:17 pm

Defense Wants Casey's Reaction To Remains Suppressed
Attorneys Claim Video, Statements Were A Jailhouse Setup


Gabe Travers, WESH.com


POSTED: 2:31 pm EST December 30, 2010
UPDATED: 2:52 pm EST December 30, 2010




ORLANDO, Fla. -- Casey Anthony's defense team doesn't want a jury to hear about or see Anthony's reaction to news reports when her daughter's remains were found.
Anthony's lawyers filed new paperwork asking that any such evidence be suppressed when the murder trial begins in May.
Read New Filing
On Dec. 11, 2008, former meter reader Roy Kronk discovered remains off of Suburban Drive. The medical examiner did not positively identify the remains as Caylee Anthony's until Dec. 19.
At the time the remains were found, Anthony was in the Orange County Jail. She was indicted in October of that year in connection with her daughter's disappearance.
Anthony's attorneys contend that once the news broke that remains were discovered, authorities set up a situation at the jail to record and monitor her response to the news.
That day, Anthony was taken out of her cell and into the jail's medical area to watch the events unfold on television.
Defense attorneys claim that the Orange County Sheriff's Office made arrangements with the jail to place Anthony in a location monitored by cameras. Lawyers say Anthony was told she was being taken there for medical purposes, but in fact never received treatment.
Anthony attorney Jose Baez said that he arrived at the jail that day but was denied access to his client.









Dec. 2008 News Coverage


The new court filing claims that the situation was set up in order to "circumvent Anthony's Sixth Amendment right to council."
Defense attorneys contend that authorities hoped the situation would illicit a response that would incriminate herself.
The filing also asks that accounts of her response be suppressed, as well as the video.
Lt. Tammi Unser noted in a previously released account that she took Anthony to the female medical area to watch the events unfold on television.
Upon entering the office, Unser wrote that Anthony looked at the television and immediately fell into the chair, doubled over and began breathing rapidly.
Several minutes later, Unser said that she lifted her head up with her eyes still closed and muttered, "Oh no," upon hearing the location of the remains.
"She was set up and this is the exact kind of activity the courts frown upon," Orlando defense attorney Richard Hornsby recently told WESH 2 News. Hornsby is not affiliated with the Anthony case.
Hornsby compares the account to fruit from a poison tree, saying that Anthony should not have been placed in a position to potentially incriminate herself.

"It's no different from an interrogation done after someone invoked their right to an attorney. That's why it's inadmissible," Hornsby said.
"You have to be in custody and being interrogated," said Jeff Deen. "People make spontaneous statements to the police all the time who are in custody and they're used against them every day."
Anthony's reaction occurred before Unser asked her if she wanted to see a mental health counselor.
Legal experts disagree on whether her apparently spontaneous reactions before she was questioned will be introduced to the jury.
Anthony's defense claims the video and accounts are not relevant to her guilt or innocence and that showing such video at trial would only be prejudicial.
Defense lawyers also filed paperwork asking that decompositional odor analysis of Anthony's car be excluded from the trial.
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PostSubject: George, Cindy's Former Attorney Takes On New High- Profile Client   Thu Dec 30, 2010 11:02 pm

George, Cindy's Former Attorney Takes On New High-Profile Client


Wife Of Panama City School Board Shooting Suspect Now Represented By Conway




POSTED: 5:28 pm EST December 30, 2010
UPDATED: 6:27 pm EST December 30, 2010


ORLANDO, Fla. -- The man who once gained notoriety as the attorney for Casey Anthony's parents has picked up another high-profile client.
Orlando attorney Brad Conway's new client is the wife of a suspect who shot at members of the Panama City School Board before a security guard shot him. The wounded man then shot and killed himself.


In an exclusive interview with WESH 2 News, Conway said Clay Duke's wife, Rebecca, has had her life opened up to police.
She has become the subject of public scorn, Conway said, even though she's not accused of any crime.
Police said Clay Duke was bipolar and blamed the board for laying off his wife.
"She along with everybody else had no idea her husband was going to do such a horrendous thing," Conway said.
Conway said he became Rebecca Duke's attorney last week.
Even though she's accused of no crime, police served a search warrant on her home.
Conway said he is serving in an advisory role for Duke, much like he did for George and Cindy Anthony.
"She does not have a lot of sympathy. She's still trying to grieve. People see a horrific video of a guy shooting at innocent people and not the guy she knew," Conway said.
Conway said that there is no indication at this point that Rebecca Duke will face criminal charges in the future. He said he plans on continuing to be her go-between between with police and the media.

Raw Video Captures Hostage Incident


Viewer discretion is advised: A live video feed captures the gunman opening fire during a school board meeting in Florida.



Gunman Fires At Board Member






Woman Hits Gunman With Purse




Previous Stories:


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PostSubject: The Case Against Casey Anthony in 2010   Thu Dec 30, 2010 11:04 pm

http://www.wesh.com/slideshow/caseyanthony/26143981/detail.html
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PostSubject: Defense Files Motion to Supress Casey's Reaction (Hearing Monday)   Thu Dec 30, 2010 11:09 pm

Defense Files Motion To Supress Casey's Reaction








Posted: 6:15 pm EST December 30, 2010

Updated: 6:53 pm EST December 30, 2010

ORANGE COUNTY, Fla. -- Casey Anthony's lawyers don't want a jury to see her reaction to Caylee Anthony's remains being found, according to a motion WFTV obtained Thursday. Her reaction was caught on camera from inside the Orange County jail.




DOCUMENT: Motion To Suppress Footage




Caylee's remains were discovered in December of 2008. Casey was watching coverage about the discovery and became visibility upset, according to officers.

Her lawyers filed a motion late Wednesday to suppress the video. They say her reaction is not relevant and that cameras were rolling as part of a set up.

Casey Anthony is expected in court on Monday. At that time, the judge will hear a request by prosecutors to bring sanctions against Casey's defense team.

Prosecutors say the defense has ignored the judge's order to provide specific information about defense witnesses' testimony.

The hearing is scheduled for Monday afternoon at 1:30.
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PostSubject: Defense Wants Casey's Myspace Postings Tossed Out   Fri Dec 31, 2010 10:02 am

Defense Wants Casey's Myspace Postings Tossed Out




Posted: 11:55 pm EST December 30, 2010



ORANGE COUNTY, Fla -- Casey Anthony’s defense team filed motions, late Thursday, to keep the jury from hearing key evidence that was collected before her daughter, Caylee's body was found.

WFTV reporters reviewed more than 100 pages Thursday night.

In the documents, Casey’s attorney's J. Cheney Mason and Jose Baez requested to have nearly two dozen items tossed out.

One of those items is the tattoo Casey got two weeks after Caylee disappeared, which reads "bella vita" which is Italian for "beautiful life."

The defense also doesn't think the shovel Casey borrowed from a neighbor, traces of chloroform found in the trunk of Casey's car, and a stain found there are relevant.

Baez is also asking the judge to exclude any and all cadaver dog search results, during the time the dogs were looking for Caylee's remains.

Casey's lawyers also want to get the judge to limit or exclude evidence taken from Casey and her mother Cindy's Myspace pages.

Cindy posted a message on the social networking site titled, "My Caylee is Missing," twelve days before she alerted the Orange County Sheriff's Office.

She went on to say "jealousy" took her granddaughter away, and her daughter, Casey, betrayed her and stole her money.

The defense is also trying to keep jurors from hearing about a message that Casey wrote -- stating "Everyone lies, everyone dies and life is never easy."

Eyewitness News legal analyst, Bill Sheaffer, said the defense isn't doing anything surprising.

Sheaffer said the defense is doing what it is supposed to be doing and trying to weaken the case as a whole.

The next hearing is set for Monday, January 3rd.
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PostSubject: Perry To Hear 22 Motions At Start of 2011   Fri Dec 31, 2010 5:45 pm

Perry To Hear 22 Motions At Start Of 2011


Defense Team Motions To Exclude More Evidence




POSTED: 2:15 pm EST December 31, 2010
UPDATED: 2:30 pm EST December 31, 2010


ORLANDO, Fla. -- Defense attorneys in the Casey Anthony case filed more than a dozen more motions ahead of a scheduled status hearing Monday and the start of a new year.

Late Thursday, the defense team motioned to toss out several pieces of evidence released by the state.
In addition to her attorneys’ recent motion to suppress Anthony’s reaction to reports that her daughter’s remains had been found, the defense team also filed a motion to suppress Anthony’s statements.
Lawyers want Judge Belvin Perry to exclude conversations Anthony had with her family as well as letters she wrote to a jailhouse pen pal.
One of the documents that the defense motioned to exclude from trial is a video created on the website JibJab.com that depicts Anthony, and others, dancing to the “Monster Mash” .
Another topic the defense does not want discussed at trial is a tattoo that reads "bella vita," Italian for "beautiful life." Prosecutors claim Casey got the tattoo two weeks after her daughter, Caylee, disappeared.



JibJab 'Monster Mash' Video


In another motion, defense attorneys said they want Anthony’s personal MySpace profile and its “Diary of Days” blog excluded from trial. They also motioned to exclude Cindy Anthony’s MySpace page in another motion.
Another motion asked to suppress state evidence about Anthony asking a neighbor for a shovel during Caylee’s disappearance. The defense also motioned to exclude evidence found in Anthony’s car trunk, including traces of chloroform, decomposition and a stain.
Perry is expected to hear 22 motions at the Orange County Courthouse at 1:30 p.m. on Monday. WESH.com will stream the hearing live.
Anthony is currently being held in the Orange County Jail on a first-degree murder charge in the death of her daughter, Caylee Marie.
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PostSubject: CASEY ANTHONY ~ DECEMBER 2010 ~   Wed Jan 26, 2011 2:14 pm

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