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 CASEY ANTHONY ~ MARCH ~ 2011

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sanny
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PostSubject: Caylee/Casey Anthony Case: Bug Blunders And Botany Bias Benefit The Prosecution   Wed Mar 16, 2011 10:29 am

Caylee/Casey Anthony Case: Bug Blunders And Botany Bias Benefit The Prosecution

Posted by Blink | Casey Anthony,Caylee Anthony Case,Cindy Anthony,George Anthony,Jeff Ashton,John Allen,Linda Drane Burdick,Linda Kenney Baden,Nick Savage,Roy Kronk,Yuri Melich | Tuesday 15 March 2011 10:45 pm

Last week, under a due date requirement required by Chief Justice Perry, some of the expert opinions to be offered in the capital murder trial against Casey Marie Anthony were released.
In a highly circumstantial case, it is common for the silent witnesses to be the ones who tell us the critical pieces to the puzzle we are working on, are under the chair.
Bugs and Plants do not lie.
Arguably the Entomology and Botany evidence and their respective expert evaluations of same will likely hold some of the heaviest weight in the mind of jurors who will be charged with reaching a verdict in the death penalty trial in the murder of Caylee Anthony.


Teaching a child not to step on a caterpillar is as valuable to the child as it is to the caterpillar.

~Bradley Millar


Lord of The Flies Part Deux

Dr. Neal Haskell, is largely considered the pioneer of Forensic Entomology in the United States.

In fact, he is the first individual in this country to earn Masters and Doctorate degrees in the field in 1989 and then 1993 respectively at Purdue University.

I have respectfully referred to him in earlier work as ‘The Bug Dude”.

Dr. Michael Baden and his co-author Marion Roach dedicated an entire chapter in their book, Dead Reckoning, to his work. Dr. Haskell was the “first call” choice expert of Linda Kenney Baden, former defense counsel to Casey Anthony, as stated by his former protégé and defense entomology expert, Dr. Timothy Huntington.

Dr. Haskell’s report filed October 6, 2009 contains the only peer-reviewed expert conclusions offered in the case against Casey Anthony.
In no way am I undermining it’s exhaustive and thorough contents. For the purposes of this article in order to remain respectful to the sensitivity that we are talking about medicolegal death investigation information that sadly comes from the homicide of a 34 month old child. I will largely be paraphrasing.

Dr. Timothy Huntington, the defense team’s expert witness, has been deposed by the State of Florida in this case three times to date. A final deposition has yet to be released.

(Editors Note: Although Linda Kenney Baden withdrew as co-counsel last October because she was not going to get her expenses approved and paid for by the state of Florida, she is most definitely working on this case in some consulting sort of capacity as she was present and noted in Huntington’s deposition in December)

Between his depositions dated December 28, 2010 and January 2011, Dr. Huntington produced a preliminary report that analyzed Dr. Haskell’s report and entomologic specimens. We know that he learned during the first deposition that several samples from the trunk vacuumings of the Pontiac Sunfire had not been sent for analysis to Dr. Haskell until a few days earlier. Dr. Huntington was not expected to prepare an opinion on that evidence until after it’s submission to him.
Huntingtons’ court ordered report focused solelyon the bugs in the trash originally located in the trunk of Casey’s car and omitted the bug samples from autopsy and the crime scene entirely.



Huntington was asked to review the Haskell report (b) during the second deposition “on the record”, however, and stipulated that he agreed with Haskell’s classifications found at autopsy and with Caylee’s remains. He maintained he disagrees with the fact that the entomological findings prove there was ever a decomposing body in the trunk of the car. He said as far as the bugs go, they are of no forensic value to conclude the victim was in the trunk.

Overall, Huntington and Haskell actually agree on most conclusions, and I would not be surprised to learn that his report’s omission of the bugs from the areas other than the “trash” were a tactical move by the defense.

Huntington seemed to have conceded that there was enough evidence to “assume” there was decompositional fluids that attracted the species of critters it did, but later contradicted himself by stating he feels the evidence points more strongly to there having never been a deceased person in the trunk.

Huntington’s arrival at that conclusion is actually based on what both bug dudes claim is the lack of early colonization of certain insects which are an important factor to establish what is referred to in forensic entomology as post mortem interval (pmi).

Haskell attributes the lack of the “early arriving winged things” to the trunk being cleaned by Casey Anthony and the trunk access itself during the initial stages of a corpse reaching bloat status.

Huntington says unless Caylee was refrigerated, buried, or hermetically sealed, he is not buying it. Interestingly, Ashton asks Dr. Huntington if he is aware of any evidence in this case that any of those options, staving off early colonization for a bit, occurred.

Huntington answered no, but I am reminded that it was he who took soil samples from the areas in the backyard where canines Gerus and Bones, through their handlers Jason Forgey and Kristin Brewer alerted to decomposition on July 17, 2008. Huntington stated he volunteered to take them, although he is not a “dirt dude” and is unaware if they have ever been tested.



There are only two options as to the status of those samples. Either they were never tested or they were tested and evidence of decomposition was found and is now considered work product and not discoverable. Had they been tested and no decomp was found, those exculpatory results are subject to discovery. Although soil samples from the Anthony home were also taken into evidence by the state, their analysis has not yet been released.

Given the formation of the questions by SA Ashton, it is clear that the State’s theory is that Caylee was put into the trash bags and laundry bag prior to being placed in the trunk, leaving little doubt they believe little Caylee was killed at the Anthony residence.

Dr. Huntington’s basic testimony for the defense states that scientifically Dr. Haskell makes unsupported leaps about the existence of a decompositional event or human carrion, in the trunk of the infamous Pontiac Sunfire.

Prior to his depositions, he felt pretty strongly that a trunk would not render a corpse inaccessible and last fall set out to prove it.
In his role as “LOTFL, Jr.”, Huntington conducted an uncontrolled observatory experiment on decomposing pigs killed “for cause”, and recorded exterior activity “only” for 11 days without opening the trunk of completely different trunks and trunk environments in a dissimilar climate. Ultimately, this study did not make it into his report. Go figure.
His boot theory got the boot, you might say.

The fly in the ointment, if you will, with this counter-opinion is that Dr. Huntington’s report is based exclusively on the contents of the garbage bag located in the trunk of the car, which he maintains to date was all he was sent to examine. Haskell’s report specifically delineates between specimens found in the white bag with blue handles, and those found in the trunk.




What is beyond me, is how Dr. Huntington’s depositions and preliminary report does not so much as reference the fact that the garbage bag in question spent at least twelve hours in a DUMPSTER at Johnson’s Wrecker AFTER being opened by the Operations Manager Simon Burch in front of George Anthony. It is noted specifically in the timetable of Dr. Haskell’s findings, however.
I mean, I am pretty sure 12 hours is half the lifespan of some of the bugs he is examining in the first place.
How many proverbial poo poo platters could those flies order in 12 hours?

Did they take on new and different larvae? In Burch’s interview, he thought the bag was white with yellow handles; it is white with blue handles.

You know, this is a welcome (from my perspective) missed opportunity by the defense and fat technical snafu. Just imagine all that ripe fruit of that poisonous tree (dumpster metallia) floating around. You see where I am going with this…

Before anyone gets all up in my britches for pointing this out, ask Chris Darden if he regrets the decision to ask OJ Simpson to try on the glove?

Consider the dumpster the glove, and because it was not referenced in Huntington’s reports, he cannot bring it up at trial.

Let’s all be thankful we will not be hearing “If it was in the trunk and in the dump it must be junk” for months.

As an aside, this is exactly why a criminal defense attorney in his 3rd year of practice is not permitted to take a capital case on his own. Out of the gazillion motions to suppress this, that and the other thing, you would think one out of 11 lawyers might have had their hand up at a meeting and asked:


“How can we even be sure this is the bag that came from the Pontiac when there is a car in the same lot at the same time where there is no question a dead person was in it?”

“Did anyone think to ask Mr. Burch for the name and registration information of the suicide victim so we can see if he eats Velveeta Mac and Cheese?”

“Um, Ms. Baden, I know you’re all up in alleles to your elbows, but I was wondering, if someone tried to clean the trunk, why would they leave paper towels with body fluid in the trunk? There is nothing that ties our client specifically to this particular garbage found in an abandoned vehicle, maybe we should think about trying to get it tossed?”

“Has anybody had Dominic Casey or whatever his name is Hoover nab some trash from any of those friends they have been stalking for months?”

I trust my point, albeit offered in the snarktacular, outlines how the lack of the defense to prep their expert for another bite at this evidentiary “apple” is astounding.

$275K does not go as far as it used to I guess.

Dr. Huntington refers to a corpse discovered in his report. As he is a forensic entomologist, I have to say, I find this curious as a descriptor in the very report he is most specific about what he might see or might not see in a decompositional event.

Skeletal remains vs. a corpse is big deal in an experts opinion.

Because Dr. Haskell had not been sent the trunk vacumings for examination from the Sunfire until this past December, his amended report was not available at Dr. Huntington’s deposition.




You will notice the laissez faire way I just said that. Similar to the way it was released, really. Smushed in the middle pages of the most recent discovery release.

B O M B S H E L L (potentially)

In Dr. Haskell’s amended report, for the first time he has examined the vacumings from the trunk.
What is critically important in his report and is invisible to the naked eye, unless one goes “discovery diving”, is that the samples Dr. Haskell examined came from two separate and distinct intervals and collections.

J-60135 yielding a hair with a root bulb, and significant entomological finding, consistent with contact with decomposing carrion were found in the sweepings A F T E R the trunk lining was removed, months later. Analysis on the hair has not been released.


Sweeping from the trunk liner, July 2008= ZZZZZZZZZZ

Sweepings from the trunk sans liner January 2, 2009= BAM

Dr. Huntington and no-doubt THE BAEZ LAW FIRM will not be thrilled to know he has unwittingly supported the testimony of State’s witness and former PhD board member, Dr. Haskell. He says there should be dead flies and dead maggots underneath the liner.
Now we know, there are
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PostSubject: Baez' Junion High Taunts on Tape   Wed Mar 16, 2011 11:24 am

Baez' Junior High Taunts on Tape






The Junior High Taunts are all that remains.

The defense for accused child killer Casey Anthony has floundered...not so much to find a reasonable doubt; they've never gotten that far.

They's floundered to find out what defense strategy they will actually use. After more than 2 1/2 years, they still don't know;

So it is when no argument remains: childish insults are all that is left. Don't like the message? Shoot the messenger.

The defense gambled on getting Judge Strictland removed; one who was favorable to them, perhaps with one eye on a mistrial as he watched Baez bumble through amateurish stunts, yet remained patient. In what should have been a begging of the prosecution for a plea to save Casey's life, they ended up with a judge batting 1.000 on death penalty cases, who doesn't take lightly to Baez's lack of motivation for work.

CF13 News:
Heated arguments and personal insults were flying in the Case against Casey.

News 13 uncovered arguments between attorneys that happened during a deposition -- and it was all on the record.

It happened in front of the court reporter and the expert witness.

One exchange happened as a deposition was wrapping up with one of the state's expert witnesses.

The 40 minute Q&A session went like most of the others, uneventful, until the very end.

Assistant State Attorney Linda Drain-Burdick: Either he has questions or he doesn't.

Judge Belvin Perry: Please refresh your memory of the decorum rules.

The attorneys on both sides of the Casey Anthony case were called out by Perry at the most recent court hearing.

The sniping between both sides is nothing new, and the judge took a firm tone in this hearing.

Perry: I'm just going to tell you now, I will not do it.

But in September, both sides traveled to Gainesville to take the deposition of University of Florida scientist Dr. James Jawitz.

The deposition was uneventful until the very end when something set off Assistant State Attorney Jeff Ashton.

Whatever did happen, we don't know what it was. The court reporter doesn't make reference to it.

Things started to spiral out of control when Ashton says to defense attorney Cheney Mason, "Do you have something to say? I would appreciate it if you would keep your comments, thoughts, feelings to yourself because it is extremely disrespectful of me as a lawyer what you just did."

There was more back and forth and Baez asks Ashton why he is raising his voice.

Baez: Why must you scream in front of everyone, including the witness, who...

Ashton: Because you keep talking over me.

Baez: No one is talking over you. You just screamed. You screamed like a little girl.

Perry: You are all seasoned attorneys and I will not have the back and forth.

The judge clearly illustrated he won't tolerate that happening in his courtroom. Again, though, this deposition was five months ago.

Baez: Sometimes a lawyers' advocacy takes over for his professional judgement.

And this hearing was less than two weeks ago, when Baez tried to clear the air with his counterpart.

Baez: I apologize directly to Mr. Ashton for any personal attacks, personal or private.

And at the end of the Jawitz deposition, Baez said, "I apologize to you for this display of behavior

Posted by Seamus O Riley at 3:16 AM
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PostSubject: The Highlights Of The Latest Information Released In Caylee's Case   Wed Mar 16, 2011 11:31 am

The Highlights Of The Latest Information Released In Caylee’s Case

The information recently released, coupled with the hearings and motions and all of the latest rumblings in Caylee’s case gave me much food for thought. I wanted to point out the highlights of the latest information released in Caylee’s case, at least from my perspective, though I asked my readers for theirs and as always they came through, it made me realize that most of us picked up on the same points.

Point one:

Law enforcement and Texas Equusearch did everything they could to find Caylee. The TES searchers did their very best to search every area, but the area where Caylee’s remains were ultimately found was flooded. It was under water, and not searchable for many months. The defense has been very combative on this point, even to the point of having their PI’s harass the searchers and they tried, under false pretense to get them to change their stories. I know they’re not, but the defense should be ashamed of what they have done to discourage people from searching for missing children. It’s a shame that there was not enough information to prove that the PI’s were impersonating law enforcement officers, and/or officers of the court, like the State’s Attorneys Office. That is a crime, and I for one would have cheered if these bozos were charged with doing the crime. Sadly there was not enough on tape to prove it, though they did prove they were misrepresenting themselves. The only recordings they had to go by were of them saying they were from the Orange County Courthouse. Many of the searchers (who could not produce recordings, because they spoke to them or didn’t save the messages) claimed that they (the PI’s) claimed to be from the State’s Attorneys Office. The searchers were obviously harassed, and that to me is a monumental shame, to the degree that many folks will now think long and hard before helping to search for lost children, and some will now just not do it. My heart goes out to TES and all that searched for Caylee, as they were treated very badly for doing a very noble thing. That is just pure evil!

Point two:

Again on the subject of private investigators, or PI’s, the defense has had many from Jim Hoover and Dominic Casey to Mort Smith and Jeremy Lyons, and now we are finding out that all of the whining the defense was doing for more money for Jeremy Lyons was likely going to at least 3 other PI’s as well. That is not what was represented to the court. The other three: Katie Delany, Scott McKenna and Gil Colon. Apparently none of them realize that they do not have the right to overstep their bounds, and they are not superior to law enforcement or a person’s right to privacy. Jose Baez and Cheney Mason completely misrepresented to the court their intentions on the TES searchers issue. They were indeed on a fishing expedition, and were strong arming people who did nothing wrong, but out of the goodness of their hearts, helped to search for a child that was lost. A child that was murdered, brutally by their client, whom they represent as being an intimidated child, yet they accused law enforcement of letting her lie to set her up to charge her for lying to them. HOW STUPID IS THAT??? It was their client, who is a grown up, now 25, then 22, who decided to lie and put on a show, and was given every opportunity to come clean, and given the benefit of the doubt, in spite of her car smelling like a decomposing body.

Point three:

Speaking of the car smelling like a decomposing body, the forensic experts of the defense, and their findings are interesting. I’ve noticed that most of these “experts” will not conclusively dispute the findings of the experts for the State. While a few do, most leave the possibility open that they could be wrong. That will not hold up under cross-examination. The few that do, either do not appear to have the proper experience to dispute it, even when they come across as likeable and knowledgeable at times. That will not hold up under cross-examination. While I did read one that was adamant on his opinion, he was more about giving credentials than argument. More about being critical than proving his stance. I have yet to see the opinion of one that comes across as believable, when the opinion as a whole is looked at. In short, they generally come across as unsure, conceding they could be wrong, or not having the proper credentials, or out-and-out giving false information as to the facts, or arrogant and combative, with not a lot of anything to back it up but criticism. I’m not a scientist, but I am a researcher and if I can sit and search the information out and shoot holes in it, well, that’s pretty bad for the defense. While some of the subject matter, it seems that opinions do differ, most of it is either pretty concrete one way or another , or has some sort of strong validation for it, if it’s a grey area. The defense is just not showing me enough to sway a jury on this stuff. That of course is my opinion.

Point four:

The crazies in this case……..Lord knows there has been plenty of them trying to insert themselves into this case. It is not necessary to name them all, but there has been plenty in this case, and many times they had motive that ranged from getting attention, to trying to get a lesser sentence for their crimes. I see Richard Duncan as fitting all of that criteria. Just one more instance of someone seeking attention and to get off light for their crimes. He obviously did not follow this case as closely as he thought as it was not possible for him to have seen Casey and her car as he indicated on the dates he indicated, and of course no blood in the trailer as he indicated either. The story was a tall tale from a drug addict that saw visions, and the visions were way off. Yet another sad case.

In conclusion to my points of interest I’d like to say that to me what the State has that I’ve seen stands tall compared to the feeble attempts by the defense to make their client a victim. I don’t see the defense stopping a guilty verdict in this case, based on what I’ve seen. I do however think that there is enough grey area in this case to prevent Casey from getting the death penalty. I’m amazed that the defense thinks themselves to be above the law in many instances, just like their client and her family. I truly hope that some day, when all is said and done on this case, that some of the dirty that was committed after the fact to try to exonerate Casey, will be held accountable. One more point in conclusion and that is that scientists are human beings and their opinions are either sound or they are not. Some of them can be swayed for political purposes, just like any other human being. Remember Global Warming? I cannot speak to the motive of all of the “experts” in this case, but I can say that most, if not all of the ones giving their opinions for the State are giving them based on their scientific knowledge and the evidence at hand, which seems to be more lacking on the defense side. Remember that many experts wouldn’t even call Jose Baez back, and some were on the case and bailed. I think you see the pattern.

JUSTICE FOR CAYLEE!!!

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PostSubject: Prosecutors want hair from Casey Anthony's trunk admitted as evidence at trial   Wed Mar 16, 2011 8:44 pm

Prosecutors want hair from Casey Anthony’s trunk admitted as evidence at trial


Casey Anthony’s car has been seized as evidence, but lawyers say a stain in the trunk should be thrown out of her murder trial.
By Adam Longo, Reporter
Last Updated: Wednesday, March 16, 2011 5:13 PM


CASE AGAINST CASEY







ORLANDO --
Prosecutors want a hair found in the trunk of Casey Anthony’s car to come in as evidence at trial.
But the defense said prosecutors shouldn't be able to tell a jury that the hair shows signs of decomposition.
The FBI lab in Quantico, Va. did tests on items found in Anthony’s trunk.
FBI forensic examiners said a hair found in the trunk was similar to a hair from Caylee’s hair brush, and that the hair showed signs of decomposition.
However, the FBI couldn't prove the two hairs belonged to Caylee.

The defense said they can't prove the hair came from a dead person.
Prosecutors want a hearing to determine if the hair comes in or not.
Attorneys for both sides ad Casey will be back in court next week for three days to debate scientific evidence
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PostSubject: Taxpayers to fund road trip for Casey Anthony pen pal   Wed Mar 16, 2011 8:56 pm

Taxpayers to fund road trip for Casey Anthony pen pal


Robyn Adams claims she was one of Casey Anthony’s pen pals in jail.
By Adam Longo, Reporter
Last Updated: Wednesday, March 16, 2011 6:43 PM


CASE AGAINST CASEY



Latest Casey Anthony news

Key players

Case timeline



ORLANDO --
Orange County taxpayers will have to pay for the Orange County Sheriff’s Office to travel to Tallahassee to pick up and escort a witness in the Case against Casey.
According to documents filed Wednesday in the case, Chief Judge Belvin Perry ordered OCSO Sheriff Jerry Demings to make sure federal prison inmate Robyn Adams is transferred to Orange County for Anthony's murder trial, which is scheduled for the beginning of May.
Adams is a former jail inmate who traded letters with Anthony while both were incarcerated.
Perry said in the order that OCSO officials can pick up Adams themselves, or they can have another representative agency do it for them.
Adams is serving a 10 year sentence in a federal prison in Tallahassee after a drug conviction.
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PostSubject: Court expects Casey Anthony jury to cost $361,000   Thu Mar 17, 2011 7:54 am

Court expects Casey Anthony jury to cost $361,000


Budget calls for 20 jurors housed for 56 day

The Casey Anthony trial will cost the court system more than $361,000 — the bulk of it to house, feed and transport sequestered jurors for eight weeks, according to an expense breakdown by court officials.

These extraordinary expenses and other costs associated with the case are likely to make it one of the most expensive trials in Florida criminal history.

A breakdown provided by Ninth Judicial Circuit Court administrators shows a plan to house 20 jurors for an estimated eight weeks at $112 per day. That $125,440 hotel bill is the largest single item on the expense breakdown provided to theOrlando Sentinel.

Add to that $48,800 for meals and more than $170,000 for transportation, clerks, deputies, security guards, juror wages and miscellaneous expenses.

Another revelation in the expense breakdown is the fact that 20 jurors are expected to be seated — instead of the more common 14, which includes 12 jurors and two alternates. In the Anthony case, there likely will be eightalternates, according to court-administration spokeswoman Karen Levey. Those folks won't know who the alternates are until the trial ends.

Levey emphasized that the expense analysis done principally for Orange-Osceola Chief Judge Belvin Perry is a "ballpark" computation.

"It's an estimate of the expenses, but it's certainly not all-inclusive," she said.

The figures could change, if, say, one or more jurors need to be excused or the trial goes longer than anticipated. But the per-juror costs should be fixed and "fairly accurate," Levey said.

Anthony, who turns 25 Saturday, is charged with first-degree murder in the 2008 death of her 2-year-old daughter, Caylee Marie. Her trial is expected to start with jury selection in a still-undisclosed jurisdiction somewhere outside the Orlando area May 9.

The so-called "guilt phase" of the trial is set to start one week later on May 16. If Anthony is convicted of first-degree murder, jurors would then move on to the "penalty phase" to decide whether a recommendation of a death sentence or life in prison is warranted in her case.

Levey researched other cases in Florida and beyond and found that relatively few state-level trials have jurors sequestered for extended periods of time.

"There are none in the state of Florida that parallel the amount of time this is expected to last," she said.

In fact, it has been about 20 years since Orange County has sequestered a jury for the duration of a trial. Since then, juries have been sequestered, on occasion, during deliberations.

The length of time Anthony's jurors will be sequestered clearly figures into the planning. The estimate budgets for laundry services and calls for two "common areas" — at a cost of $12,544 — meant to be places where jurors can gather, socialize, eat and watch preapproved movies together.

Those also are areas where they'll be watched over by law enforcement. The jury will have 24-hour security for the trial, another significant cost.

The expense breakdownincludes an estimated $3,962.32 for jury selection, which covers lodging, meals and overtime pay for two clerks at the jury-selection locale. Those costs include a bus to transport the jurors from wherever they are selected to Orlando and back again when the trial is over.

The Orange County Clerk of Courts Office will pay most costs associated with the trial, as mandated by state statute. The Orange County Sheriff's Office will pick up the bill for most of the security. But on Saturdays, Wackenhut Corp., a private company, will provide security at Orange County's expense, Levey said.

In the end, it is one taxpayer-funded branch of government or another paying the jury and trial-related costs.

And the figures released for the trial do not include the prosecution costs for the case; the public cost of Anthony's defense since she was declared indigent last year; and the cost of her lengthy incarceration at the Orange County Jail.

The main factor driving up expenses in this case, of course, is its high-profile nature. The case has drawn national and international exposure since Caylee was first reported missing in July 2008. In the nearly three years since, the twists and turns in the saga of a young Orlando-area mother accused of killing her young girl have only drawn more attention — from checkout-counter tabloids to national TV-news organizations.

It's common for murder trials in the Ninth Circuit to run about one week, said Danielle Tavernier, spokeswoman for the Orange-Osceola State Attorney's Office.

But nothing about this trial will be typical — from the attention it will receive to the way it is argued by the attorneys to the costs taxpayers will absorb in the pursuit of justice.

Though the Anthony trial may seem wildly expensive on the local level, consider that the O.J. Simpson murder trial cost Los Angeles County an estimated $9 million in court and prosecution costs, according to a USA Today analysis. In that case, jurors were sequestered for 265 days — nearly five times longer than the jurors in the Anthony case are expected tobe sequestered.

acolarossi@tribune.com or 407-420-5447.
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PostSubject: Caylee Anthony case: Ashton responds in a hairy argument   Thu Mar 17, 2011 8:23 am

Caylee Anthony case: Ashton responds in a hairy argument

Posted on March 17, 2011 by Valhall

The State of Florida filed a Response to Motion to Exclude Unreliable Evidence (Post Mortem Banding) yesterday. This response is to a motion in which the defense team is moving to have the “death hair” ruled to be unreliable evidence and excluded from expert testimony provided by the state. I have not read the defense motion, and cannot find a copy of it. It doesn’t matter, it appears Ashton will win this one.
Why do I say that?

Because, of the 378 pages of the response Jeff Ashton filed yesterday 333 pages of it are Appendices C and D which cover the testimony in a Frye hearing from two expert witnesses in a case in New York, People v. Kogut, where the experts are arguing about a hair that the defense’s expert states is post mortem banding, but the State’s expert says may not be. The state filed a motion in this case to have the defense’s expert witness excluded on the basis that calling dark banding on hair “postmortem hair banding” was not generally accepted by the scientific community. The court granted the state a Frye hearing on this matter.
The transcript of both the defense’s expert and the State’s expert from the Frye Hearing is included in Appendix D of Ashton’s response. The State’s expert argued that banding can occur on hair roots due to environmental effects (microbial effects from soil, water, etc.) and because of this, calling banding on a hair root “postmortem” might be a mistake. The defense’s expert witness stated that he had been doing this for over 10 years at the time, looked at hundreds of banded roots, conducted his own data collection by retrieving hairs from cadavers at morgues, or during autopsy, in which he knew the time of death, etc. and that his data supported that postmortem banding consistently was found to measure approximately 1 to 1.2 millimeters from the root of the hair.
The state’s witness, Dr. De Forest, did not argue that identifying postmortem hair banding is generally accepted by criminologists, but instead focused on that if someone does not know what they are doing, they could call banding caused by environmental effects postmortem banding when it was not. Of importance in Dr. De Forest’s testimony was a statement he read while on the stand from a thesis covering a study of environmental banding on hair roots. The paragraph he read stated that postmortem bands will occur more distal to the end of the root than environmental bands which will occur proximal to the root. In lay terms…the study covered in the thesis states that environmentally produced bands on hair roots will be at or near the very end of the root, while “death bands” will be further away from the root….
…which kind of explains why, in the defense’s expert witness testimony, the expert focused, and the questioning focused, on the subject of “death bands” appearing approximately 1 to 1.2 millimeters from the hair root end. Their expert was clear that his data supports this as a consistent measurement on “postmortem banding” location from the root.
There is another interesting point the defense’s expert witness made during this Frye Hearing. He stated that while you cannot use postmortem banding on hairs to definitively determine PMI (postmortem interval OR time of death), he states that he knows how long it takes for the process to occur. This is because he has been deliberately collecting hairs from cadavers that he knows the time of death. He states, during his testimony, it takes 2 to 3 days for hair to exhibit the banding discussed. That is 2 to 3 days from the time of death to the time the hair either falls from, or is retrieved from, the follicle of the cadaver.
The defense in the New York case won. Their expert was allowed to testify at trial that the hairs found did have banding consistent with “postmortem banding”. So, the point here is that classifying banding on hair as consistent with postmortem banding via an expert’s microscopic analysis has passed a Frye hearing already.
The icing on the cake is…the defense’s expert witness in the New York case was Nicholas Petraco. (It is worth noting that the scientific literature that Jeff Ashton includes in his argument to show that the technique used by the State’s expert witness in the Anthony case is generally accepted in the scientific forensic community includes papers authored by Nicholas Petraco.)
Why do I call that icing on the cake? Because Nicholas Petraco is the expert Casey Anthony’s defense team had examine the “death hair” from Casey’s trunk in hopes he would refute the State expert’s claim it had banding consistent with “postmortem banding”. After Petraco examined that death hair, the defense team stated he would not be testifying for the defense.
hmmm…wonder why?
Valhall.
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PostSubject: OSCO: Deputy On Duty Collapses, Dies.......He was to be a witness in the Anthony Case   Thu Mar 17, 2011 8:53 am

OCSO: Deputy On Duty Collapses, Dies


Rescue Workers Called To YMCA Aquatic Center




POSTED: 6:31 pm EDT March 16, 2011
UPDATED: 6:22 am EDT March 17, 2011



ORLANDO, Fla. -- Orange County Sheriff's Office officials said a deputy died while on the job at the YMCA Aquatic Center Wednesday evening.


"We've got a grieving department, I've got personnel here that are really shaken up, we've got a wife here that's really shaken up," Orange County Sheriff Jerry Demings said.





OCSO Deputy Michael Erickson More


OCSO identified the deputy as homicide investigator Deputy First Class Michael Erickson.
Officials said the sheriff's office received a 911 call at about 4:30 p.m., after Erickson collapsed at the YMCA Aquatic Center.
Fire Rescue arrived at the scene and transported the deputy to Dr. Phillips Hospital. OCSO officials said that despite the best efforts of rescue workers, Erickson passed away.
"Deputy Erickson proudly served the Orange County Sheriff's Office since January of 1998," the OCSO said in a news release. "He leaves behind a loving wife, and two sons. Please keep his family, friends and co-workers in your thoughts and prayers."





OCSO Deputy Sebastian Diana More


Sebastian Diana, 40, died on Sunday from an illness he contracted five years ago while performing CPR on a baby, OCSO officials said.
"In less than a week's time the Orange County Sheriff's Office is mourning the untimely death of two of its finest officers," the OCSO said in a news release.
Diana's memorial service will be this weekend. Erickson's has not been announced.
According to court documents, Erickson was listed as a witness in the Casey Anthony trial. Demings would not comment on Erickson's connection in the case.
Copyright 2011 by WESH.COM.
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PostSubject: A hair's breath away...   Thu Mar 17, 2011 11:46 am

a hair’s breath away…


It’s taking too darn long!
You know what I’m referring to, right? I’m referring to the two big defense motions – the Miranda motion and the “Agents of the State” motion - that were heard nearly two weeks ago in the case against Casey Anthony.
Ahhhhh! the suspense is too much! (I can just imagine how anxious the lawyers are.) However, the longer it takes for Judge Belvin Perry to rule on these two motions, the more we can be assured of a fair and meticulously researched decision.
But, please Judge, will you step on the gas there in Orlando, for us, please? We are biting our collective fingernails out here!
Attorney Bill Sheaffer recently wrote an excellent blog posting with his analysis of how Judge Perry may rule. If you haven’t yet read it, give it a look – you’ll be glad you did! Blog Post: March Madness.
I have a feeling Judge Perry’s rulings won’t be filed until late on Friday…. oh, the torture!
State Files Response to the Defense over Post Mortem Banding
Attorney Jeff Ashton, for the Florida Assistant State Attorney’s Office, argues that the testing for decomposition apparent in the root of the single hair found in the trunk of Casey’s car, is not a novel science in most parts of the world. However, in Florida, this testing has never been the subject of any court decisions, though it is generally very well accepted in the forensic scientific community. Regardless, since this has not been the subject of a Florida court ruling, it would be appropriate to address the topic during the upcoming Frye hearings (March 23-25).
Interestingly, Mr. Ashton points out in the motion that the concern over the admissibility of the expert’s opinion is not the issue, as he’s provided enough case law to substantiate the acceptance of such opinions. In a footnote, Mr. Ashton points out the following:

In this case it is interesting to note that the hair in question was examined by an expert in this area hired by the Defense who, after his examination, she declined to list as a witness. To date no defense witness is disputing the FBI analysis opinion in this matter.
One can only assume that the expert hired by the defense came to the same conclusions of the FBI analysis.
Mr. Ashton included nearly 400 pages of peer-reviewed articles, book chapters, and testimony from a case in New York with regards to testing for decomposition in hair samples. It appears there is ample proof this science is acceptable all over the world.
I’m sure it’s just a hair’s breath away from being accepted in Orlando, Florida, too.
Here’s a link to Mr. Ashton’s motion —> Response to motion to exclude unreliable evidence (Post Mortem Banding)
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PostSubject: State expert could be defense's star witness in Casey Case   Thu Mar 17, 2011 11:53 am

Only on News 13: State expert could be defense’s star witness in Casey case


Dr. James Jawitz
By Adam Longo, Reporter
Last Updated: Wednesday, March 16, 2011 11:42 PM

ORLANDO --
A University of Florida expert on soil and water listed as a state expert could become one of the star witnesses for Casey Anthony's defense.
Three-D renderings of the crime scene show how the evidence found was spread out over the area.
"Area A" is identified as the "primary site of interest."
Enter UF Hydrologist Dr. James Jawitz, a professor of soil and water.
According to his deposition, Jawitz was contacted by the Orange County State Attorney's Office and "the question was during the time period of interest what was the best estimate for the water levels at the site."
That was Dr Jawitz's assignment.
“This area was a very flooded area,” said former Orange County Sheriff Kevin Beary.

The prosecution’s theory is that the crime scene area was inundated with water after Caylee's remains were placed there. The rising water then picked up the evidence, it floated around and then it settled and spread out when the water receded.
That's why, again in theory, no one found anything until December, five months after Caylee was reported missing.
But Jawitz may have dropped a few jaws with his report.
When he turned in his "assignment," Jawitz concluded that for most of the entire period from June 16, 2008 to Dec. 11, 2008, Area A was *not(underlined) inundated."
He added that "the water level at the site *was high enough to submerge Area A between 18 August 2008 and 28 August 2008."
According to the state's expert, the area was only underwater for 10 days in August
However, the search group Texas EquuSearch didn't come to Orlando and start searching anywhere until Aug. 30, according to News 13's archives.
This was two days after Dr. Jawitz said the area dried up.
Then factor in former Anthony private investigator Dominic Casey, who was seen on video poking through the crime scene area.
In addition, psychic Gail St. John has a YouTube video where she gets out of the car and walks right into the woods four months before near the spot where Caylee was found.
News 13 found out that the State Attorney's Office paid more than $5,000 to Jawitz for his research and report.
It could end up helping to prove Anthony's defense that Caylee wasn't there until after Casey was locked up permanently in October 2008.
Dr. Jawitz agreed through e-mail to speak with us Thursday about the science he used in this case, and if it’s rare that a hydrologist would be front and center in a murder investigation.

Shortly after we speak, we'll share those details with you on News 13 and online at cfnews13.com.
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PostSubject: Clerk of Courts: Casey Anthony trial could be 'canceled or suspended'   Thu Mar 17, 2011 11:59 am

Clerk of Courts: Casey Anthony trial could be "canceled or suspended"


Orange County Clerk of Courts Lydia Gardner says threatened cuts to her budget could put Casey Anthony trial in jeopardy.



By Anthony Colarossi, Orlando Sentinel

11:28 a.m. EDT, March 17, 2011


The Casey Anthony murder trial could be in jeopardy if proposed legislative funding cuts go through, according to Orange County Clerk of Courts Lydia Gardner.

"Our funding for the Casey Anthony trial is in serious jeopardy at this time," Gardner said in an e-mail response to a newly released estimate of the costs associated with the murder trial set to start in May. "The Florida Senate has proposed a 5 percent cut to our budget in the 4th quarter, just as the Anthony trial is scheduled to begin. I have informed both the Chief Justice of the state Supreme Court as well as Chief Judge Belvin Perry of these dire circumstances.

"If the Senate proposal goes through the trial is in jeopardy of being canceled or suspended," Gardner concluded.

The Ninth Judicial Circuit court administration expense estimate for the trial comes to more than $361,000. The bulk of the costs involve housing, feeding and transporting 20 jurors for the duration of the eight weeks the trial is expected to run. Gardner's office would have to absorb most of the trial costs.

The Orlando Sentinel asked Gardner's office about its ability to cover the anticipated trial costs. Gardner responded late Wednesday, saying the trial comes at an unfortunate time as government budgets are getting slashed in Tallahassee.

Judge Perry is aware of Gardner's concerns, court administration spokeswoman Karen Levey said this morning.

Casey Anthony, 24, is charged with first-degree murder in the 2008 death of her daughter Caylee Marie. Jury selection is scheduled to start outside the Orlando area on May 9. The portion of the trial jurors hear is slated to begin the following Monday, May 16. Anthony faces a possible death sentence if convicted.

Because the case is so high-profile, jurors must be selected from outside Central Florida, brought to Orlando and sequestered during the trial. That sequestration period, estimated at eight weeks in the cost breakdown, is significantly driving up the expenses associated with the trial.
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PostSubject: Judge: Casey's Trial Still Set For May, Despite Concerns   Thu Mar 17, 2011 3:31 pm

Judge: Casey's Trial Still Set For May, Despite Concerns


Clerk Raises Funding Concerns About Jury Sequestration




POSTED: 1:38 pm EDT March 17, 2011
UPDATED: 1:49 pm EDT March 17, 2011


ORLANDO, Fla. -- Judge Belvin Perry says he still plans to start Casey Anthony's murder trial on May 9, despite funding concerns from court officials.
Opening statements in Anthony's murder trial are scheduled to begin May 16 at the Orange County Courthouse.
Court officials estimate that the trial will cost Orange County more than $350 million. More than $200 million of that is for jury expenses that must be paid by the clerk of court's office.
Judge Belvin Perry has indicated he will bring in a jury from somewhere else in Florida for the case. That means expenses incurred for housing, feeding and guarding the jurors for the entire trial, which is expected to last six to eight weeks.
According to Orange County Clerk of Court Lydia Gardner, budget cuts could put the Anthony trial at risk.
"Our funding for the Casey Anthony trial is in serious jeopardy at this time," she said.
Gardner said that the Florida Senate has proposed a 5 percent budget cut in the final fiscal quarter of this year, just as the Anthony trial is scheduled to begin.
"I have informed both the Chief Justice of the state Supreme Court as well as Chief Judge Belvin Perry of these dire circumstances. If the Senate proposal goes through, the trial is in jeopardy of being canceled or suspended."
Court spokeswoman Karen Levey said that Perry is aware of Gardner's concerns, but said that any legislative measures are still premature.
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PostSubject: Casey To Lee: I Was Read My Rights   Thu Mar 17, 2011 7:05 pm

Casey To Lee: I Was Read My Rights


Lead Investigator Claims She Was Never Read Miranda Rights




POSTED: 5:29 pm EDT March 17, 2011
UPDATED: 6:10 pm EDT March 17, 2011


ORLANDO, Fla. -- Casey Anthony said in her own words she was read her Miranda rights, despite recent testimony from the lead investigator in the case, who said he'd never read Anthony her rights.


The statement could be key. Judge Belvin Perry is expected to rule by the end of the week on whether or not some of Anthony's initial statements to law enforcement will be allowed at the trial.
MORE: Extended Coverage
Defense attorneys contend that Anthony was never read her rights even though they claim she was essentially in custody and being interrogated at the time.
Some of the statements Anthony made were false, which could let prosecutors show at the trial that she willingly stalled efforts to investigate her daughter Caylee's disappearance.
"I'm going to tell you all this because I want them to hear me say this, when (Yuri) Melich read me my rights in front of two other detectives, he said they were going to hold me for as long as they could with no bond." Anthony told her brother, Lee Anthony, when he went to visit her in the Orange County Jail nine days after her first 2008 arrest.

Melich, the lead investigator in the case, testified under oath at a hearing earlier this month he had never read Anthony her Miranda rights. He said Anthony was a cooperating witness at the time.



"The entire time you didn't Mirandize her?" asked Anthony defense attorney Jose Baez.
"Correct," responded Melich.
The video of the jailhouse visit between Anthony and her brother where she claims to have been read her rights was not shown at the recent hearings.
A source close to the investigation tells WESH 2 News Anthony must have made the claim up.
Anthony's defense did not immediately return a request for comment. Prosecutors also would not comment.
Judge Perry's ruling on Anthony's statements is expected Friday.
Jury selection in Anthony's murder trial is scheduled to begin May 9.
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PostSubject: Could Casey Anthony's Murder Trial Be Canceled?   Thu Mar 17, 2011 11:23 pm

Could Casey Anthony's Murder Trial Be Canceled?






Posted: 12:55 pm EDT March 17, 2011

Updated: 6:44 pm EDT March 17, 2011

ORANGE COUNTY, Fla. -- The case against Casey Anthony is the biggest trial in Orange County history, but the Clerk of Courts is trying to use it to keep her budget from being slashed. Lydia Gardner said on Thursday that budget cuts put the trial at risk of being canceled or suspended.




VIDEO REPORT: Trial May Be In Jeopardy




However, Gardner does not have the authority to cancel a trial. Now, there's a showdown brewing between Gardner and Chief Judge Belvin Perry because of the statements she made.
The case against Casey will cost an estimated $361,000 to bring to trial. Gardner said that expense is coming while the state is looking to slash her budget.
Gardner wrote in a statement: “Our funding for the Casey Anthony trial is in serious jeopardy at this time. The Florida Senate has proposed a 5 percent cut to our budget in the 4th quarter, just as the Anthony trial is scheduled to begin. I have informed both the Chief Justice of the State Supreme Court as well as Chief Judge Belvin Perry of these dire circumstances. If the Senate proposal goes through, the trial is in jeopardy of being canceled or suspended.”
But Gardner backed off the statement when WFTV questioned her. She said the state wants to cut her annual budget by five percent, and that would mean she couldn't afford to pay jury costs.
"There is not going to be enough in there to take care of the Anthony trial," Gardner said.
At issue are the jury costs of $361,000, and $234,000 are shouldered by the clerk's office to pay for food, hotels, and security to sequester jurors for eight weeks.
Gardner said state lawmakers are threatening to cut 20 percent of her 4th quarter budget. It would slice the budget from $7.5 million to $6 million, and that's what prompted the written statement.
But Gardner does not have the authority to cancel of suspend a trial; that is up to the state court.
Chief Judge Belvin Perry, who is in Tallahassee, told WFTV her statement is premature and the courthouse administration doesn't expect a problem.
"The State vs. Casey Anthony trial is moving forward. It has not been continued," said Karen Levey, Chief of Due Process Services, Ninth Judicial Circuit Court.
But Gardner is in charge of the money to pay for jurors, and it now appears she's trying to use her leverage in the county's biggest case to tell lawmakers not to touch her budget.
"What would you say to someone who would accuse you of playing politics with a child death case?" WFTV reporter Jeff Deal asked Gardner.
"Anyone who knows me would know that wouldn't be in my nature," Gardner replied.
Gardner has had problems paying for juries before. In the summer of 2009, Orange County courts were at risk of not having jurors, because Gardner said she couldn't pay for them.
It was a $359,000 tab. She and Chief Judge Belvin Perry had to hire attorneys to sort it out.
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PostSubject: Casey Anthony trial still on track   Thu Mar 17, 2011 11:34 pm

Casey Anthony trial still on track


Courts Clerk Lydia Gardner created a stir by saying trial could be 'canceled or suspended.'

Just when it seemed we'd seen everything in the lead-up to the Casey Anthony trial, the case became part of the political posturing on the state budget crisis on Thursday.

Late Wednesday, Orange County Clerk of Courts Lydia Gardner told the Orlando Sentinel in a statement thatAnthony's murder trial could be "canceled or suspended" if a proposed five percentlegislative funding cut to her budgetwent through.
On Thursday, the state senator overseeing that funding said the cuts Gardner worried about will not be nearly as deep as she feared.
And by day's end Gardner appeared to be letting up a bit on the prospect that Anthony's May trial could be derailed bybudget constraints.
"Things change rapidly during the legislative process, and we are hopeful that these issues can be resolved,'' Gardner said in a statement.

State Sen. Mike Fasano, a Republican from New Port Richey who chairs the Senate Budget Subcommittee on Criminal and Civil Justice Appropriations,said at worst, funding to the clerks of courts around the state will be cut a little less than one percent. At best, he said, funding levels won't change at all.
In any case, Fasano said, it would not be a high-priority murder trial like Casey Anthony's that would be placed on hold due to financial considerations.
"Civil cases would be in jeopardy before any criminal cases," Fasano said. "She, as clerk of court, knows that better than anyone."
The Ninth Judicial Circuit court administration expense estimate for the trial comes to more than $361,000. The bulk of the costs involve housing, feeding and transporting 20 jurors for the duration of the eight weeks the trial is expected to run. Gardner's office would have to absorb much of the trial costs.
Gardner said the five percent figure was proposed by another senator in late February, and clerks across the state were asked to explain the ramifications of the cuts to Chief Justice Charles Canady by 5 p.m. Wednesday, which Gardner did in a letter.
"The Florida Senate has proposed a 5 percent cut to our budget in the 4th quarter, just as the Anthony trial is scheduled to begin," she said in an initial statement to the Sentinel. "I have informed both the Chief Justice of the state Supreme Court as well as Chief Judge Belvin Perry of these dire circumstances."
But Fasano said there "were numbers thrown out there" that were not accurate. He said Gardner should have consulted with a lobbyist hired to represent the clerks before making her statement.
"Don't jump to conclusions before the proposal actually comes out," said Fasano.
While Gardner's statements dominated coverage of the closely watched case much of the day Thursday, court administration officials insisted the case is moving ahead toward its May trial date.
"Chief Judge Belvin Perry, Jr. is aware that … Gardner, has concerns regarding her office's ability to cover the costs that her office is responsible for in the … trial, such as jury sequestration," court administration spokeswoman Karen Levey said in a statement.
Levey noted the legislative session just started and "talks of continuing the case are extremely premature." The Anthony trial, she said, "is moving forward. It has not been continued."
Chief Justice Canady, meanwhile, decided it would be inappropriate to discuss any issues regarding the trial because of the possibility they might be appealed to the Florida Supreme Court at some point in the future, said high court spokesman Craig Waters.
"The Chief Justice and staff currently are working with the legislature on the statewide impact of the current budget shortfall affecting both the courts and the clerks," Waters said in a statement. "He has emphasized the importance of ensuring that significant disruptions in the operations of the clerks' offices do not occur."
A letter Gardner sent to Canady Wednesday, expressed "deep concern" about the Senate proposal "to cut 5% from Clerk appropriations in the fourth quarter…"
Toward the end of the two-page letter, Gardner mentioned the Casey Anthony case, calling it "one of this state's most notorious murder cases."
"What is in question is whether or not this trial will be suspended or canceled if the clerk is not able to meet her statutory responsibility to pay the jurors for their service (upwards of $32,000) or the vendor for their food and lodging during the sequester period (projected at $186,000)," wrote Gardner.
Casey Anthony, 24, is charged with first-degree murder in the 2008 death of her daughter Caylee Marie. Jury selection is scheduled to start outside the Orlando area on May 9. The portion of the trial jurors hear is slated to begin the following Monday, May 16. Anthony faces a possible death sentence if convicted.
Because the case is so high-profile, jurors must be selected from outside Central Florida, brought to Orlando and sequestered during the trial. That sequestration period, estimated at eight weeks is significantly driving up the expenses associated with the trial.
acolarossi@tribune.com or 407-420-5447.
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PostSubject: Is Jose Beaz the Stuttering Attorney Qualified to Insult the Verbalizations of Other Lawyers?   Thu Mar 17, 2011 11:46 pm

Is Jose Baez the Stuttering Attorney Qualified to Insult the Verbalizations of Other Lawyers?



17 Mar

During a deposition in September 2010, defense attorney Jose Baez, a man who has proven himself time and again on national television and in court to be one of the worst public speakers in the Florida legal system, insulted the verbal choices of prosecutor Jeff Ashton. The insult by Mr. Baez may be read at the following link.
http://www.cfnews13.com/article/news/2011/march/219182/Heated-arguments,-insults-hurled-in-Case-against-Casey
Jose Baez: “Why must you scream in front of everyone, including the witness, who…”
Jeff Ashton: “Because you keep talking over me.”
Jose Baez: “No one is talking over you. You just screamed. You screamed like a little girl.”
“You just screamed” – Mr. Baez asserts Mr. Ashton “just screamed” which would indicate no words issued from the throat of Mr. Ashton. “Just” appears to be a reference to time suggesting Mr. Ashton “screamed” directly before Mr. Baez question of “Why must you scream”. Can “just” have both the meaning of “only” and specify a time frame? Or is this double talk from Bullstopper?
The purpose of looking at the specific words and the multiple meanings behind each word is to understand words do have many meanings and our initial comprehension of a statement may not be correct. We choose our spoken words in fractions of a second, with no time for reflection on the connotations of all the meanings of the word. But we do know all the meanings when we subconsciously choose to verbalize the word. So the question becomes, why this particular word with its specific set of multiple meanings instead of another synonym which would have a differing set of alternate meanings?
In this instance, why include the word “just” at all? Were not all parties present at the time Mr. Ashton “screamed”? Would there have been any confusion as to the time frame if Mr. Baez had not included the word “just”? Would the impact of the statement “you screamed” be lessened by not inserting “just”?
“You screamed like a little girl” – Mr. Baez is not satisfied with his previous statement and must repeat himself. However, he now leaves out the word “just”. He must leave out “just” because he now asserts Mr. Ashton did not “just” scream, but “screamed like a little girl”. Mr. Baez believes comparing the verbalization of Mr. Ashton to the verbalization of a “little girl” will embarrass Mr. Ashton.
We have learned Mr. Baez feels a need to respond to Mr. Ashton with insults and childish taunts rather than to remain on a professional level, most likely because Mr. Baez, as seen in his written motions, is unable to compete with Mr. Ashton within their chosen profession.
We have learned Mr. Baez would feel insulted if someone were to refer to him as a “little girl”. Mr. Baez is sensitive about both his height, “little”, and his manliness, “girl”.
We have learned Mr. Baez does not mind making insincere statements in open court such as “I have a great deal of amount of respect for these prosecutors who sit here”. Mr. Baez has such respect for “these prosecutors” he is able to refer to one of them as a “little girl” during a court recorded deposition.
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PostSubject: Baez in a bombshell future transcript!   Thu Mar 17, 2011 11:48 pm

baez in a bombshell future transcript!


I was able to get my hands on more of the future testimony of the Defense Expert Witness, Dr. Wacklo Pits.
In his redirect with Dr. Pits, Attorney Baez makes the important point that his defense team will only hire experts who will lie tell the defense’s version of the truth on the stand.
The problem with this testimony? Mr. Baez seems to loose track of what message he wants to convey to the jury. He seems quite confused, but then he finds a better stride right at the end.
This transcript is straight from the future, and based on this testimony, you will realize things are looking quite good for the State of Florida!
The redirect of Dr. Wacklo Pits:
Judge: Mr. Baez? Redirect?
Baez: (no response)
Judge: (louder) MR. BAEZ?!
Baez: Shoot, ah, um, sorry Judge, yes, I’m ready.
Judge: Proceed
Baez: Dr. Pits. You have worked a number of high profile cases, have you not?
Pits: Yes, indeed I have.
Baez: You have testified as an Expert defense witness in trials that resulted in a defendant being found guilty, have you not?
Pits: Well…. yes.
Baez: So, it is fair to say, is it not, that you will testify for the guilty or the innocent, because you want to find the truth, correct?
Pits: I don’t understand your question.
Baez: What I mean is this: even though, hypothetically, Casey is guilty, you would still testify for the defense, is that correct?
Pits: I still don’t understand your question.
Baez: Let me simplify. It is your opinion that there were no hands involved in the death of Caylee Anthony, which is why we know Casey is innocent, correct?
Pits: Okay?
Baez: So, let’s say, hypothetically, your opinion is Casey is guilty, and Caylee died by Casey’s hands. You would still testify even if Casey was guilty, that’s how honest you are?
Pits: Well….
Baez: Is it fair to say, Dr. Pits, that you would also testify for the State, even if you knew the client was innocent?
Pits: (Looks at Judge, concerned) Ah….
Baez: Likewise, you would testify truthfully for the Defense even when you know the defendant is guilty?
Pits: Again, I’m not sure I understand ….
Baez: I want you to look at the jury and explain to them that it doesn’t matter that Casey is guilty, you are still going to tell the truth, correct?
Judge: Mr. Baez!
Baez: Judge?
Judge: Listen to yourself, please.
Baez: I will; thank you, your Honor.
Baez: Now. Dr. Pist, please tell the jury that even though a defendant is guilty, you will still tell the truth.
Pits: Pist is not my name. (Looking at jury – who have their collective heads down.) Mr. Baez is correct. The Guilt or innocence of a defendant only matters depending on which side pays me.
Baez: Thank you, Dr. Pits. That leads me to my next question. Your name is Dr. Wacklo Pits, is that correct?
Pits: Yes.
Baez: Is your name Dr. Tips?
Pits: No.
Baez: Peps?
Pits: No!
Baez: Spits?
Pits: NO!
Baez: Stips?
Pits: No!!
Baez: Step?
Pits: NOO!
Baez: Pepper?
Pits: No! Though I do like Dr. Pepper….
Baez: Oh, me too. I will only drink the diet kind with cherry.
Pits: I don’t like diet.
State: OBJECTION! Relevance!
Judge: Overruled
Baez: You can answer, Dr. Pepper.
Pits: I would only work for the Defense if the client was guilty.
Baez: OBJECTION!
Judge: You can’t object to your own witness.
Baez: Oh yes I can!
Judge: OBJECTION!
Baez: You can’t object, Judge!
Judge: Oh yes I can! Answer the question Dr. Pepper!
Pits: I don’t like diet Dr. Pepper and even though Casey is guilty as hell, I will testify with candor and truth.
Baez: You’re a good man, Doctor…. Doctor…
Judge: Pepper.
Pits: Dear God.
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PostSubject: Judge Expected To Rule On Casey Motions   Fri Mar 18, 2011 7:26 am

Judge Expected To Rule On Casey Motions





Posted: 5:28 am EDT March 18, 2011




Updated: 6:54 am EDT March 18, 2011

ORANGE COUNTY, Fla. -- The judge is expected to issue his rulings Friday on the motions from the hearings earlier this month on whether jurors will hear the statements Casey Anthony made to investigators right after her daughter Caylee was reported missing.
The defense claims Casey wasn't read her rights, and those statements need to be thrown out. But a new video shows Casey telling her brother that wasn't the case.
In a jailhouse conversation between Casey Anthony and her brother, Lee, just nine days after she was arrested in 2008, Casey admits she was read her Miranda rights by lead Orange County detective Yuri Melich. But her attorneys argue that she was already questioned without the assistance of an attorney.
"When Melich read me my rights in front of the other two detectives he flat out said 'I'm going to hold you there as long as I can. There's going to be no bond, period,'” Casey said in the phone call.
“Obviously Casey is referring to the fact that when she was formally placed under arrest she was read her Miranda warnings,” said WFTV’s legal analyst Bill Sheaffer.
He believes this should have little impact on what jurors will hear during trial. Prosecutors said several early statements by Casey to investigators were lies, as they searched for missing Caylee.
“The fact that they have found this video tape of Casey saying she was read her Miranda warnings has no effect on the statements she made the night the police were investigating the report of a missing child,” said Sheaffer.
Perry is expected to rule whether Casey's statements about where she last saw Caylee and allegedly deceptive comments about working at Universal Orlando will be permitted in trial.
Prosecutors said when Casey made the statements, detectives did not officially consider her a suspect, nor had they arrested her, so she didn't need to be read her Miranda rights.
Perry has delayed the ruling because he's doing court budget business in Tallahassee, but Friday WFTV expects rulings on nearly a week of hearings held earlier this month.
Next week is shaping up to be another busy week in the case. Both sides will be in court next Wednesday, Thursday and Friday to go over scientific evidence. The trial is scheduled to start May 9.
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PostSubject: Caylee Anthony case: a defense pathologist Spitz out a report   Fri Mar 18, 2011 7:46 am

Caylee Anthony case: a defense pathologist Spitz out a report

Posted on March 18, 2011 by JWG

Dr. Werner Spitz recently produced a “report” of his findings for the defense. I find his report even weaker than that of Dr. Bock. It seems Dr. Spitz read the Orange County medical examiner reports…acknowledged he read the reports…and chose to completely ignore the reports…except when criticizing the reports.
I thought it would be interesting and fun to walk through his “professional analysis” and ask some basic questions he left unanswered.

Dear Mr. Baez:
As you are aware, I performed a second autopsy on the remains of Caylee Anthony. Said autopsy was performed at the Robert Bryant Funeral and Cremation Chapel, in Orlando, on December 23/24, 2008.
And the report was written 806 days after the autopsy you performed. Did you write this report from memory, or from bench notes?

The salient points in this postmortem examination were:
The body was that of a previously autopsied, skeletonized remains, compatible with the age of 3 years. The remains were complete or almost complete, dry, brownish discolored. The skull was eggshell thickness without evidence of injury, pathological changes or deformity.
What did the brownish coloration tell you about the time the skeleton had been located in that area? Could the discoloration be due to tannins in the soil staining the bones? How long do you think it would take for soil to stain the bones in that fashion? One week, as Dr. Bock hypothesized?
Was the skull really eggshell thin? Is it normal for a 3-year old’s skull to be eggshell thin at death, or does it take a while for the skeleton to degrade to that level?

The skull had not been opened, at the first autopsy, in accordance with normal protocols as when dealing with skeletal remains. Since the skull had not been previously opened, this indicates that the interior of the skull had not been previously examined. A cake of dark brown residue was adherent to the left side of the skull, behind the petrous portion of the left temporal bone, spread over an approximately two inch diameter area. The location of the residue indicates that the left side of the skull was down during most by far of the decomposition process, causing the sediment to precipitate to that area.
I read with interest, in the report of the first autopsy, that saline introduced into the interior of the skull (blind washing) was considered an appropriate and comprehensive method of examination.
It may or may not be normal protocol to open the skull of completely skeletonized remains, but don’t assume (we all know what happens if you “assume” that the interior of the skull had not been previously examined. As you note in your report, the inside of the skull had been rinsed with a saline solution. Of course, you fail to acknowledge that a tooth had been found inside the skull in this manner.
Now, given the skull was rinsed as you acknowledge, of what significance is that small patch of residue you found on the left side of the skull? Given the skull was rinsed and the tooth removed, do you really believe that small patch proves the skull was resting on the left side?

Review of the report of autopsy performed by the Chief Medical Examiner of District Nine, Orlando, Florida and photos all indicate that duct tape was adherent to the hair and not the mandible, therefore if the skull was once lying on its left side, as clearly evidenced by the location of the sediment, it is highly unlikely that both the skull and the mandible, which would have been disarticulated during decomposition, would roll back to an almost perfect anatomical position.
Well, at this point, Dr. Spitz, you have chosen to ignore your previous interest in the saline wash of the skull, and just assume you examined the skull in “pristine” condition. You cannot claim with a straight face at this point that the skull was lying on the left side.

Because of the above mentioned findings, this calls into question the statement made by Dr. Garavaglia that “Although there is no trauma evident on the skeleton, there is duct tape over the lower facial region still attached to head hair. This duct tape was clearly placed prior to decomposition, keeping the mandible in place.” This statement is flawed for the following reasons:
a. The evidence found at 2nd autopsy as described above.
Which we’ve already pointed out is fatally flawed.

b. The DNA results of the duct tape yielded no DNA from the deceased.
Would you expect DNA to survive 5 1/2 months in a swamp when the adhesive upon which the DNA would have adhered had long dissolved away?

c. The lack of entomological evidence found on the duct tape is also inconsistent with the duct tape being placed over any orifice that would have attached to the duct tape during decomposition (skin would be expected to adhere to duct tape).
C’mon doctor, are you a real scientist or a hack? Bugs, skin, DNA would have come in contact with the adhesive. The duct tape adhesive had deteriorated away. It was gone, dispersed in the swamp floods. Are you trying to get us to believe the bugs and DNA would have burrowed through the adhesive and somehow gotten stuck in the plastic tape substrate?

The evidence discussed in a, b, and c seriously call into question the statement “clearly placed prior to decomposition, keeping the mandible in place.” The remainder of the skeleton showed no injuries, pathological changes or deformities, with the exception of evidence of postmortem mutilation, i.e., predation by animals.
I think we’ve already determined it is the “evidence” you’ve uncovered that is not serious.

The bones revealed no odor of postmortem decomposition and were completely devoid of soft tissues, adipocere or any remnants of any type of tape or glue residue.
Well, no kidding. You’re the pathologist. What happens to a body when it rots in a Florida swamp for 5 1/2 months? Were you expecting glue residue? Of wait – thanks for acknowledging there was none. Kind of kills your arguments, does it not?

There is no evidence of ante-mortem trauma to the remains and toxicological examinations were negative for drugs. Therefore the cause of death is undetermined.
The body was too decomposed for that, correct?

The manner of death is also undetermined because there is no scientific information available that the death was at the hands of another.
No scientific. Just circumstantial – beginning with the three strips of duct tape.

My opinions are based on my education, training and experience and are rendered to a reasonable degree of medical certainty.
I reserve the right to amend my report should additional pertinent information become available.
I trust this answers your inquiry.
And of course, your opinion was also based on a payment schedule. Why else wait 806 days to render an opinion?
JWG.
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PostSubject: Casey Anthony defense files thousands of pages of witness interviews   Fri Mar 18, 2011 9:56 am

Casey Anthony defense files thousands of pages of witness interviews


Dozens of statements filed Thursday.


The Casey Anthony defense team filed more than 3,000 pages worth of witness depositions with the Orange County Clerk of Courts late Thursday.

The names in the filings include some of the most familiar people associated with the case.

The extensive interviews include those of Roy Kronk, the man who found Caylee Marie Anthony's remains in late 2008; Jesse Grund, one of Casey Anthony's ex-boyfriends; Sgt. John Allen, one of the primary Orange County sheriff's officials on the case; FBI Agent Nick Savage; inmate/friend Robyn Adams; and Brian Burner, the neighbor who let Casey Anthony borrow a shovel.

More than 40 depositions were filed in this latest round. The transcribed interviews between the attorneys handling the case and the witnesses, who are likely to be called to testify at the upcoming trial, occurred on different dates in 2009, 2010 and this year.

The documents were not ready for public review late Thursday, but the Orlando Sentinel will begin reviewing the statements and reporting on them this morning.

Casey Anthony, 24, is accused of killing her 2-year-old daughter Caylee in the summer of 2008. Her trial is slated to begin in May.
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PostSubject: Depositions Released Of Major Players In Casey Case   Fri Mar 18, 2011 1:11 pm

Depositions Released Of Major Players In Casey Case


Posted: 12:26 pm EDT March 18, 2011




Updated: 12:38 pm EDT March 18, 2011

ORLANDO, Fla. -- There were 64 depositions released in the case against Casey Anthony from major players such as former meter reader Roy Kronk, who found Caylee's remains, and Casey's jail pen pal, Robyn Adams.

The documents contain information about when Casey borrowed a shovel from her neighbor one month before Caylee was reported missing. The neighbor, Brian Burner, said that the excuse Casey gave for borrowing it was she needed to dig up a bamboo root. He stated to investigators that he thought that was strange, because she moved out shortly afterward and didn't understand why she would care about yard work.

Many of the 64 depositions that were filed are several hundred pages each. WFTV.com is working to obtain some key depositions and will post them if we're able to get them.

Along with Kronk and Adams, one of the depositions is of the main investigator for the sheriff's office, John Allen. He was deposed by the defense.

Depositions of investigators with minor roles in the case seemed to be arguing on minor points with Casey's defense attorneys, who were doing the depositions.

Also, Chief Judge Belvin Perry is expected to rule Friday on the motions from hearings earlier this month. The defense claims Casey wasn't read her rights, but a video released in 2008 shows Casey telling her brother that wasn't the case.
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PostSubject: Depositions Released of Major Players In Casey Case   Fri Mar 18, 2011 4:02 pm

Depositions Released Of Major Players In Casey Case


There were 64 depositions released in the case against Casey Anthony from major players such as former meter reader Roy Kronk, who found Caylee's remains, and Casey's jail pen pal, Robyn Adams.







VIDEO REPORT: 64 Depositions Released




The documents contain information about when Casey borrowed a shovel from her neighbor one month before Caylee was reported missing. The neighbor, Brian Burner, said that the excuse Casey gave for borrowing it was she needed to dig up a bamboo root. He stated to investigators that he thought that was strange, because she moved out shortly afterward and didn't understand why she would care about yard work.

Many of the 64 depositions that were filed are several hundred pages each. WFTV.com is working to obtain some key depositions and will post them if we're able to get them.

Along with Kronk and Adams, one of the depositions is of the main investigator for the sheriff's office, John Allen. He was deposed by the defense.

Depositions of investigators with minor roles in the case seemed to be arguing on minor points with Casey's defense attorneys, who were doing the depositions.

Also, Chief Judge Belvin Perry is expected to rule Friday on the motions from hearings earlier this month. The defense claims Casey wasn't read her rights, but a video released in 2008 shows Casey telling her brother that wasn't the case.
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PostSubject: Judge Rules On Casey's Initial Statements   Fri Mar 18, 2011 4:03 pm

Judge Rules On Casey's Initial Statements


Perry Says All Of Casey's Statements OK For Trial





POSTED: 3:31 pm EDT March 18, 2011
UPDATED: 3:40 pm EDT March 18, 2011



ORLANDO, Fla. -- Judge Belvin Perry ruled Friday on two key motions in the case against Casey Anthony.


Anthony's defense filed motions to have her statements to law enforcement thrown out from the first days after Caylee was reported missing.
Perry ruled Friday that all of the statements will be allowed at the trial.
Defense attorneys contend that while Anthony had not been read her Miranda rights, she was essentially in custody and being interrogated.
On July 15, 2008, Casey's mother, Cindy Anthony, called 911 several times and told an operator she wanted to have her daughter arrested for stealing money from her. She later told the dispatcher that her daughter's car smelled like a dead body and that she not seen her granddaughter for a month.
That night, detectives arrived at the family home on Hope Spring Drive and questioned several members of the Anthony family.
Detectives admit they handcuffed Casey Anthony for a short time but said she was not a suspect at that point in her daughter's disappearance.
Anthony took detectives to Universal Studios Florida the next day to search for evidence early on in the investigation. Halfway into the tour, she admitted she hadn't worked there for a while. That's when detectives took her into a conference room and confronted her.
"You're telling us that you lied to us," a detective told Anthony. "You're telling us you're giving us misinformation. This needs to end."
"The truthful thing is I have not seen my daughter. The last time that I saw her was on the 9th of June," Anthony said.
"And what happened to Caylee?" the detective asked.
"I don't know," Anthony replied.
A separate defense motion argued that investigators were using members of the Anthony family as so-called "agents of the state.
Anthony's defense team argues that as investigators were building their case against her, they manipulated her family to get information from her under the guise of trying to find Caylee Anthony.
Copyright 2011 by WESH
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PostSubject: Casey Anthony witness Roy Kronk has deposition made public   Fri Mar 18, 2011 4:07 pm

Casey Anthony witness Roy Kronk has deposition made public


Dozens of statements filed
By Anthony Colarossi and Amy Pavuk, Orlando Sentinel

3:31 p.m. EDT, March 18, 2011



Casey Anthony's defense team turned in volumes of depositions taken from key witnesses in the case late Thursday, which divulge everything from witnesses' personal problems to the ongoing tension between the defense team and investigators.
Two of the more lengthy depositions made public Friday morning are from Roy Kronk, the Orange County utility worker who found Caylee Marie Anthony's remains in late 2008; and Sgt. John Allen, one of the primary Sheriff's Office investigators on the first-degree murder case.
Casey Anthony, 24, is accused of killing 2-year-old Caylee in the summer of 2008. Her trial is slated to begin in May.
More than 40 transcribed depositions taken by the defense at various times since 2009 were released in this latest round — totaling more than 3,000 pages.
Among those also questioned: Jesse Grund, one of Anthony's ex-boyfriends; FBI Agent Nick Savage; Robyn Adams, an inmate who befriended Anthony in the Orange County Jail; and Brian Burner, the neighbor who let Anthony borrow a shovel.


Defense questions Kronk
Kronk described discovering what he thought was a human skull on Aug. 11, 2008 in woods off Suburban Drive in the Anthony family neighborhood.
He had finished a part of his meter reading route, met up with colleagues and had to go to the bathroom, so he walked several feet into the dense vegetation.
"I just started looking and I walked up to a spot that was further up from my truck and I saw what looked like the top of a human skull at the top of the water," he said.
"And I said, guys come here and look at this. They got within four feet of me and they all started screaming and jumping around like idiots," Kronk said.
They noticed Kronk was standing on a dead Eastern Diamondback Rattlesnake. "I never even noticed I was standing on top of this thing," he said.
The snake was dead, but the rest of the time the others spent talking about the snake and they never saw what Kronk spotted.
"I don't believe they ever went and looked," he said.
And he never directly told them look at the skull.
"If I would have said, hey guys, this is a skull, come here and look and it turned out to be a dog food bowl or something, they're going to give me [expletive] for the rest of the time that I work there … And I don't want that. So sometimes it's better to just go well, you know, maybe I won't say anything to anybody," Kronk said.
Was it a novelty skull?
He describes being too scared of telling co-workers he had seen a skull because "I don't want to be the butt of the joke for the next six or eight months."
Still, Kronk said he was 90 percent sure of what he had spotted, but he asked, "was it a novelty skull? Was is ceramic?"
Thje skull appeared to be protruding from a bag and was surrounded by debris, he said.
That night he was just interested in getting home, but he told his roommate, who was obsessed with Nancy Grace and coverage of the case, and she convinced him to call 911. But, Kronk said, "They blew me off." He had to call Crimeline.
By Aug. 13, he'd finally gotten deputies to meet him at the scene. But when one of them walked into the woods, the deputy fell and became angry.
"He started arguing with me that there was no way that the remains could have skeletonized by that time," Kronk said.
"I mean three days in a row I'm trying to do the right thing. I'm trying to help whoever that child is," he said. "And for my time and my effort all that I get is some guy screaming at me for 20 minutes basically calling me an idiot and how I'm wasting the county's time."
He said that day it appeared "the bag wasn't as prominent as it was two days before."
He said the deputy glanced around and left the scene without looking very hard.
"He basically was telling me that the area had already been searched," Kronk said. "He was not a happy camper."
Kronk said he returned to the site to urinate again on Dec. 11, 2008. Again he spotted what he thought was a skull sticking from the bag.
"And I was at first going to just kind of walk away from it, but I took my meter stick and I lifted it and I shook the bag several times," he said. "The contents of the bag shifted and I looked down and there was a skull there...My brain was telling me it was a Halloween mask or something like that."
"So I just took my meter stick and I put it into the right eye socket and I pulled it up and, you know, I saw it and I saw the duct tape across the mouth and I just went, 'Oh, [expletive]."
He called 911. Then the remains were recovered.
Kronk questioned about personal life
Anthony's defense team also questioned Kronk about his personal problems, including how he was attacked by an ex-girlfriend's boyfriend years ago and later charged with kidnapping.
Kronk said he escaped from an ex-girlfriend's boyfriend who held him at gunpoint in the early 1990s.
The relationship with the woman started after Kronk met her at a Victoria's Secret store in the early 1990s. She moved in with him in Key West, where he was stationed with the Coast Guard. But he later learned she was engaged to a Marine and she left him. But then she called him a month or two later and said she was unhappy.
Kronk said he drove up to South Carolina to pick up the woman, Laura Jean Tuesing. She began loading her things in his car, he said, but then she started having second thoughts.
"The next thing I know, her boyfriend shows up and puts a loaded .44 Magnum in my face," Kronk said. "I believe he held me at gunpoint for about a half an hour."
Kronk said the man made him get down on the ground where he was kicked in the ribs and the face. The guy threatened "to kill me and throw me to the alligators."
At some point, Kronk said he saw the gun was loaded and grabbed the man.
"I took his hand," he said, "I put the barrel of the gun in my eye and said, 'Pull the damn trigger. I'm done with this.'"
"Then he uncocked the weapon and kind of looked down and said, 'You're not afraid.' I said, 'No. I'm not.'"
"And he said, 'Get in your car and get the hell out of here.' And that's what I did."
He left and drove back to Key West without reporting the incident to police or giving many details to his superiors, except to say he'd been in a fight.
Soon after that, however, the police contacted him at his station in Key West. An officer asked if he knew Tuesing and Kronk said he did.
"And he said stand up and put your hands behind your back and they took me down to the little jail in Key West and booked me in for kidnapping," Kronk said.
Kronk said he was in jail for four days, and appeared before a judge in South Carolina, but the charge was dropped. He said the judge did not know why he was picked up on that charge.
Kronk details relationships
Elsewhere in his deposition, Kronk was asked about his first marriage to a woman named Crystal. He said they were together nine years before it ended.
Asked if there was domestic violence, Kronk said there was "towards the end...she attacked me...with her nails."
He said she met another man while working on the Exxon Valdes oil spill.
Kronk was then living in Hawaii. The couple then moved to Maryland, and Kronk said, "She was actually allowing the guy to stay in the house. And I asked that he leave and she got very angry with me."
Kronk and his wife had a bitter divorce. He was estranged from his son and he said she told him thing to discredit him as a father.
But after Kronk discovered Caylee's remains, he said his ex-wife called him.
"I think she had some designs on making money," he said.
Later, Kronk said his lawyer received a call that one of his ex-wives was trying to contact Random House "to write a tell all book about me."
Asked which wife, Kronk said, "I believe it was Crystal because I know that Crystal has been working with Leonard Padilla to discredit me. He even mentioned her name on Nancy Grace. This woman has absolutely no love for me whatsoever."
Contentious interview with investigator

The tension between the defense team and investigators was clear during a seven-hour deposition of detective Allen.
In his two-volume transcript, Allen told defense attorneys Jose Baez and Cheney Mason that detectives had a number of conversations with Casey Anthony's mother, Cindy Anthony, "that were kind of out there."
Allen said Cindy Anthony misled investigators, wasn't always cooperative and that she hasn't always been forthright.
One of the defense attorneys asked Allen if Cindy Anthony has always been truthful with him.
"I don't believe so, no," Allen said.
At one point during the deposition, there was issue over an "interview" verses "interrogation."
Allen said he "interviewed" Casey Anthony, not interrogated her.
"The mere fact that she hadn't been truthful with us didn't turn it into an interrogation," Allen said.
After more back and forth, Allen said, "I've never -- honest to God, Mr. Mason, I've never water boarded anybody. I've never tortured anybody."
Allen and Baez disagreed on if they had arranged a specific meeting with Casey Anthony.
Allen said he didn't remember there being anything concrete set.
"It seemed like a lot of times when I had conversations with you, you just simply would put me off or tell me something that turned out to be nonsense," Allen told Baez.
The two were also at odds about the day Anthony was arrested on check-fraud charges.
Allen said he wouldn't have told Baez the details about when they were going to arrest Anthony.
"I don't think we were under any obligation to work our schedule around your — or if we're going to arrest somebody and we want to do it a particular way, we do it that way."
Baez then said, "There's such a thing as professional courtesy, right?"
Prosecutor Linda Drane Burdick chimed in and said, "There is."
Baez responded, "Just not in this case."
"Right," Drane Burdick said.
Other information revealed in Allen's deposition:
•California bounty hunter Leonard Padilla, who helped post Anthony's bond when she was arrested earlier and staged searches for Caylee, suggested that if investigators wanted him to take a polygraph, that it be a pay-per-view event.
• There was a video on YouTube of attorney Todd Macaluso, a former member of Anthony's defense team, running naked at the beach, while holding hands with a man who was also naked.
Macaluso filed a motion to be removed from Anthony's case in April because he was in trouble with the California Bar. The California State Bar alleged that he misappropriated about $145,000 and misused nearly $61,000 in client money.
Allen told the defense team that investigators had to follow up with a statement Macaluso made in court about Caylee's remains being placed in the woods after Anthony was in jail.
The exchange between the attorneys and Allen was included in the transcript:
Allen: "I remember at one point the guy that was on the video running around naked with a guy holding hands on the beach —
Baez: "Todd Macaluso."
Allen: "Macaluso."
Mason: "What?"
Allen: "He was on a video, a U-Tube [sic] video running in the water holding hands with some other guy naked. You probably saw it, right?"
Mason: "Was it Jeff?"
Allen: "That guy stood up in court —"
Drane Burdick: "I'm sorry, you said (Assistant State Attorney) Jeff Ashton?"
Allen: "The guy he was holding hands with wasn't Jeff Ashton …"
Drane Burdick: "Was it Jose?"
Baez: "It was not Jose."
Baez then asked that they go off the record. "I'm trying to get this picture out of my head," he said.
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PostSubject: Judge Rules In Favor Of Prosecution In Casey Anthony Case   Fri Mar 18, 2011 5:43 pm

Judge Rules In Favor Of Prosecution In Casey Anthony Case


Posted: 5:28 am EDT March 18, 2011




Updated: 5:01 pm EDT March 18, 2011

ORANGE COUNTY, Fla. -- Chief Judge Belvin Perry issued his rulings Friday on motions from hearings earlier this month on whether jurors will hear the statements Casey Anthony made to investigators right after her daughter Caylee was reported missing.








ORDERS: Suppress Statements To People | Suppress Statements To Officers | Plant Evidence | Chloroform Evidence
LEE TALKS TO CASEY: Part 1 | Part 2 | Part 3









Perry denied the motion (read it) to suppress statements that were made by Casey to George, Cindy, and Lee Anthony, as well as those made to pen pal Robyn Adams and correction's officer Sylvia Hernandez. The defense was fighting to have those statements blocked from the trial.


Defense attorneys had argued that her family members were acting as agents of prosecutors and detectives and the statements were obtained in violation of her right to an attorney. Prosecutors argued that her statements can be used.


Judge Perry also denied (read it) the defense's motion to suppress statements made to law enforcement. The defense had argued that statements Casey made to law enforcement, who arrived at the Anthony's home after Cindy called 911, should not be admissible.


Judge Perry also granted (read it) a prosecution motion to strike a defense motion attempting to block evidence involving plant and root growth. The defense had wanted the thrown out, calling it "unreliable."


"The judge's ruling has dealt a crippling blow to the defense of Casey Anthony," WFTV legal analyst Bill Sheaffer said.


Lastly, Judge Perry denied (read it) a prosecution motion to strike a defense motion regarding chloroform evidence, something the defense also called "unreliable." However, the judge didn't rule to exclude the evidence from the trial, but instead pushed the discussion to next week's Frye hearings.


Next week is shaping up to be another busy week in the case. Both sides will be in court next Wednesday, Thursday and Friday to go over scientific evidence. The trial is scheduled to start May 9.
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