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 CASEY ANTHONY ~ MARCH ~ 2011

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sanny
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PostSubject: Anthony Defense Calls Judge's Ruling Biased   Fri Mar 25, 2011 8:55 am

Anthony Defense Calls Judge's Ruling Biased


Casey Anthony, 25, Charged With 1st-Degree Murder In Daughter's Death

POSTED: Thursday, March 24, 2011
UPDATED: 6:43 pm EDT March 24, 2011



ORLANDO, Fla. -- While attorneys were arguing whether jurors should hear about the "death smell" in Casey Anthony's trunk, Anthony's attorneys filed a motion calling a previous ruling by the judge biased.



MORE: Man Removed | Day 1 | Day 2

The defense blasted Judge Belvin Perry for allowing statements Anthony made to deputies and family members after her daughter, Caylee Anthony, was reported missing into trial. It said Perry was biased and incorrect in his ruling. The defense filed a motion Thursday afternoon requesting a rehearing.
Thursday's hearing, continued from Wednesday, focused on the smell of death and whether a Dr. Arpad Vass, a research scientist, will be the first ever allowed in the United States to testify that he and his machines can detect human decomposition in air.
"When I opened the can (an air sample taken from Anthony's trunk), I had to jump back two feet. It was, to me, the smell of human decomposition," Vass said.
Vass ruled out theories about old pizza and a squirrel causing the odor in Anthony's car. He also said he was shocked by the high levels of chloroform pulled from the air in the trunk.
"I have never seen chloroform be the largest in any sample we have ever shot in my 20 years of doing this," Vass said.
Earlier Thursday, the topic of a cadaver dog alerting to a death smell was discussed.
A K-9 named Gerus, and handled by Deputy Jason Forgey, alerted during a search of the Anthony family's back yard and in Anthony's car in July 2008, meaning he indicated a dead body had been in those areas.
Forgey has thousands of K-9 cases under his belt, including more than 100 cadaver dog searches. He testified Thursday that his dog is trained to alert on ground where a body has been moved from.
Anthony's defense team wants the cadaver dog testimony kept out of trial.
The hearing will continue Friday, April 1 and possibly into April 2.
Anthony, 25, is charged with first-degree murder in Caylee's death. Caylee was 2 years old when she was reported missing in July 2008. Her remains were found in a wooded area in east Orange County in December 2008.
Perry said he will not rule from the bench when the hearing is over. He will issue a written order. For now, he has only heard testimony from experts, but no arguments.
Copyright 2011 by Internet Broadcasting Systems and ClickOrlando.com
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PostSubject: Casey Defense To Be Back In Court Next Week   Fri Mar 25, 2011 8:58 am

Casey Defense To Be Back In Court Next Week





Posted: 6:25 am EDT March 25, 2011
Updated: 8:51 am EDT March 25, 2011



ORANGE COUNTY, Fla. -- Casey Anthony’s defense will have to wait at least a week before the judge rules on a motion to throw out key evidence.




MOTION: Claims Perry's Ruling Was Bias




A tense hearing Thursday focused on testimony from an expert witness about the smell of human decomposition in Casey's car trunk.
A prosecution expert who tested carpeting and air from the trunk testified that he found eight times more chloroform than expected in the carpet. He believes there was an additional source for all that chloroform.
He also made a strong statement about his reaction when he opened the sealed container with a sample of the carpet.
“At first I jumped back about two feet. It was very strong. To me it was the smell of human decomposition,” he said.
WFTV was the first to report that Casey researched how to make chloroform on her computer. She's accused of killing her 2-year-old daughter, Caylee.
Officials said before she was arrested, she ditched her car at an Amscot and told different stories about dead animals to explain the stench in the trunk.
Also during the hearing Thursday, Casey's attorneys filed a motion (Read Motion) accusing Chief Judge Belvin Perry Jr. of bias and misstating facts. Defense attorney Cheney Mason, who filed the motion accusing the judge of bias and factual error, was not in court Thursday.
The defense wants him to reconsider his decision to allow the jury to hear what Casey told law enforcement and her family after she was arrested.
WFTV’s legal analyst, Bill Sheaffer said the defense is facing a tough challenge.
WFTV will be there when Casey's legal team heads back to court next Friday to debate more evidence, including a stain in Casey's car trunk and the heart-shaped sticker allegedly found on duct tape around Caylee's mouth.
Casey's trial is expected to begin May 9.
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PostSubject: Day 2: Defense in frye free fall   Fri Mar 25, 2011 9:22 am

Day 2: Defense in frye free fall


There is an abundance of material to talk about after the events of today’s Fyre Hearing, and today’s desperate motion for a rehearing on the Miranda and Agents of the State issue.
Dr. Arpad Vass, (who has the patience of a saint), is the States scientist from the Oak Ridge Laboratory who tested air samples, and the carpet from the white Pontiac driven by Casey Anthony. Thanks to WFTV, I am able to watch the testimony and the the cross examination by Jose Baez of Dr. Vass. To say the cross examination was entertaining is an understatement. There was one moment in particular that was shocking to me. I am referring to the fact that Baez had stipulated (agreed) to NOT refer to the use of an instrument used in the decomposition studies by Dr. Vass.
When Baez began a line of questioning that was wiggling in the direction of what was stipulated to, Jeff Ashton objected, reminding the Judge of the stipulation. Then, Baez nearly lost it! He claimed that he felt “coerced” and his “hand forced” by Jeff Ashton on this issue – as if Ashton tricked him into stipulating. Then we hear that Baez agreed to this stipulation in exchange for Ashton backing off the contempt charges.
Baez claimed that he was tricked into agreeing to this stipulation when Ashton decided not to pursue contempt charges. Not true, said Ashton. The stipulation was a result of this instrument being tested and accepted in the scientific community; it was sound science, therefore not necessary to argue this in a Frye hearing (it’s not a novel science).
Baez raised his voice to a shrill; he was absolutely livid. Then Judge Perry told Mr. Baez it was his fault for accepting the stipulation in the first place. Baez argued that he needed to address this “methodology” with Dr. Vass, as there is a crucial bit of testimony he wants to get to. Baez blamed Ashton for the situation. The Judge jumped into the middle.
Judge Perry: If this was so important to your case, why stipulate to it? Baez claimed that the issue he wants to bring up is different. Not so says Judge Perry. Then Judge Perry asks Baez if this has to do with discovery ambush? Then it came out that Baez held this bit of testimony OUT of discovery.
When it was discovered he did this, Attorney Ann Finnel came to the podium, whispered to Baez (clearly telling him the trouble he’d face), and Baez asked for a recess. A five minute recess was called and Baez returned with his tail between his legs, and apologized.
You know, and I know, that Mr. Baez has a habit of holding back information in order to create an element of surprise – to ambush the opponent. The bottom line here, is the fact that the State will not be fooled, the Judge will not be fooled, and Baez will either learn his lesson quickly, or face some kind of consequence, I’m sure.
I also wanted to add that Dr. Vass, during Ashton’s direct examination, made two remarkable statements. He stated the levels of chloroform found in the samples of Casey’s trunk were 10,000 times greater than what one would normally encounter. (There are small amounts of chloroform found in decomposition as a general rule.) Dr. Vass stated that the chloroform “peaked” and he’d never before seen it this high in any of the hundred’s of cadavers he’d studied.
The other important revelation was a result of Dr. Vass’s reaction to opening the container holding the piece of carpet from the car, caused him to jump back two feet, it was so strong.
Dr. Vass was an excellent witness though clearly exasperated with Jose Baez.
I must also mention a moment during the cross examination of OCSO K9 handler and trainer, Jason Forgey when Baez attempted to ask about his Grand Jury testimony! Judge Perry warned Baez and warned Forgey not to answer, but Baez asked it anyway and then stated he’d be writing a motion regarding this grand jury testimony. The way Baez stated this, I got the sense that he intended to put the Judge on notice, so to speak. This is purely my take on the situation and I say this as a result of hearing the tone of voice he used, and the self important demeanor he wore when he said it.
Today’s Motion by the Defense
In the event you haven’t heard, the Miranda and the Agent’s of the State motion ruled on by the Judge last week, has been reopened by the Defense. It appears the defense is painfully aware of the harm this ruling will do to their case. To solve this problem of theirs, Mr. Cheney Mason wrote this motion claiming a myriad of mistakes, and outright biases that Judge Perry made in these two rulings. Read it here.
It is shocking to read, and is an outright attack on this Judge by Mr. Mason. The defense dissected Judge Perry’s ruling and listed the mistakes he made! Mason (who was not in court today) literally accused the Judge of bias, of misstating facts, not correctly applying the law, and more.
Reporter Anthony Collarossi, of the Orlando Sentinel, does a good job of explaining how this motion tends to mirror the movements made by the defense when they attacked Judge Strickland, who ultimately recused himself from the case. He writes:

The latest defense motion brings about recollections of the defense team’s successful effort to get Circuit Judge Stan Strickland to recuse himself from the case last year.
In that motion, the defense argued “Judge Strickland seeks publicity in his own right, and that his rulings and decisions from the bench could be improperly influenced by his desire to secure the outcome that maximizes that publicity.”
Courthouse sources familiar with the case said they seriously doubted the defense would “get a second bite of the apple” if the attorneys are considering having Perry removed.
Mr. Collarossi also reports that Judge Perry will have an answer to this motion early Friday morning.
No matter what type of low and devious tricks the defense wants to pull, there is no disputing the fact that the actions of the defense in this case are contributing to the demise of their own case. No attorney’s want to win a case this badly – there is something going on here that smells to high heaven.
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PostSubject: Casey Anthony - You Want Fryes With That?   Fri Mar 25, 2011 9:34 am

Casey Anthony – You Want Fryes With That?

03/23/2011 donchais


Casey is decked out in low-cut pink blouse. She has her serious face on today. Ann Finnell is in court as is Yuri Melich.
We begin with the post-mortem hair banding.
Sims says the response by Ashton isn’t complete and they don’t have the full transcripts from the NY case that Petraco testified at and wants to wait till they have them. Remember, Petraco worked for the defense, but is not on the witness list. He pretty much agreed with the FBI finding and declined to testify!

Right off the bat, its apparent that Sims isn’t fully prepared!
Karen Lowe is testifying via video conference from Quantico. She goes into numerous studies and cases regarding hair banding. She says all the studies and cases were peer-reviewed and in the Journal of Forensic Science.
Sims jumps in right away claiming there are two studies the FBI is conducting and they don’t have those studies. Lowe indicates one study is in review and the second isn’t completed yet, hence no copies are available.
Sims wants to delay this whole issue!
Perry asks how long they should have to wait for those studies as well as any other study being done by other groups!
Sims is all over the place with her cross and keeps trying to go into areas that have nothing to do with Frye. Judge Perry has to keep reining her back in by telling her she is drifting far from Frye issues. She is almost attempting to do a deposition here!
Jeff Ashton keeps objecting as to relevance to Frye!
Sims is so far out of her league and doesn’t seem to get the difference of root darkening vs root banding! She also keeps referring to hair comparison…we aren’t here to discuss hair comparison!
This is so bad, Judge Perry has to halt the hearing and read to Ms. Sims the definition of Frye!
Poor Judge Perry is losing his patience way early today.
Sims keeps going over the same stuff, time and time again and I’m losing my patience also! I stopped taking notes a while ago!
My opinion is Dorothy Sims is relatively clueless as to what is and isn’t Frye!
This is a pitiful display by the defense ‘science guru’! She keeps returning to darkened root material rather than banding.
Lowe has repeated a dozen times that banding only occurs in the dead and Sims just doesn’t get it. Decomposed hair from a living person is totally different.
Mercifully, Sims is done.
Jeff Ashton comes in to do clean-up and handily refutes Sims’ line of questioning.
Judge Perry does a quick 2 minute hearing on the JAC funding for additional investigative hours. The defense wants 300 more hours and Perry grants it!
Next up, Canine Alerts – this is not a Frye issue!
Yuri Melich is called.
Deputy Jason Forgey was called by Melich to examine the car. Melich asked Foregy if his dog could tell the difference between human and non-human remains and Forgey said he could.
The car was moved out of the garage to the parking lot.
Baez has Melich draw the garage and parking area.
Baez wants to know if Foregy opened the passenger door or the driver door. Melich doesn’t recall.
Now Baez asks if Foregy conducted search on any other cars there.
The dog alerted by the trunk which Foregy confirmed.
The dog was also used to check Anthony Lazzaro’s car, but didn’t alert.
The dog was also deployed to the Anthony house.
No questions from the State and Melich stands down.
Geraldo Bloise is called. He was there when Foregy inspected the car.
Now he has Bloise draw the garage and parking lot.
Baez is trying to go for differences between Bloise and Melich’s stories.
Bloise went to the Anthony home. Forgey examined the backyard, but Bloise was not outside with him and doesn’t know if the dog alerted.
A second dog was brought in and nobody was in the backyard with Deputy Brewer during the search.
Bloise was later told the dogs showed interest in s few areas in the play area. The ground was examined bu the CSI group the next day. The area was secured overnight.
No questions from the State.
CSI Supervisor Michael Vincent is called.
He was at the garage when Casey’s car was examined. Baez now has Vincent draw a picture of the garage and parking lot.
So far Baez hasn’t uncovered any discrepancies!
Vincent confirms both Foregy and Brewer said their dogs alerted to areas in the backyard
No questions from the State.
Baez has made a big point to ask each witness if the dogs were leashed – each testified no. Not sure what the heck this has to do with whether or not the dogs are accurate on alerts!
The next witness is late and court recesses for 25 minutes.
Scott Fairgrieve is appearing via Skype.
Fairgrieve asserts he has experience with cadaver dogs. He’s done testing of some cadaver dogs at his university.
He explains the dog and the handler must work together, one not more important than the other.
He says cadaver dogs are used to find human remains, doh!
He claims dogs can react to decomposition that may not come from a dead human body.
A cadaver dog could alert to a dirty diaper in a trunk if not proofed for that item. Skin cells, teeth, finger nail clippings could trigger alerts.
He asked about residual scent and Linda Burdick objects because during deposition, Fairgrieve said he wasn’t qualified to address that!
Fairgrieve says a proper vehicle search requires a ‘lineup’ of several vehicles being examined.
He also claims that search should be videotaped as to the search and the alert.
He also says handlers can intentionally or accidentally signal a dog to alert.
Baez asks if there have been cases of handlers doing poor jobs – ‘handler bias”…
Linda Burdick objects saying this again is off what was testified to in the deposition.
Baez says he can’t control what she asks at deposition and if she had done her homework….
Linda shoots back, with arms folded across her chest, “Mr. Baez can insult me all he wants.”
Judge immediately calls them to the bench!
Fairgrieve says the dog, Gerus’s, logs were detailed as to training, but talked mostly about basics. He reviewed logs from 2003 to 2008. The dog was trained on bone, decomp, teeth, blood on a shirt, decomp on rags, adipocere…..
Linda Burdick is getting ready to tear it up! She gets him to admit he is primarily an anthropologist and cadaver dogs are not totally he field. He’s done some anthropologist digs in the past.
She gets him to admit he has never trained a cadaver dog, but says he’s observed training.
You never trained a dog? No.
You’re not a handler? No.
Wowzer, he observed more than 10 but less than 20 searches! This is a cadaver dog expert?????
He said blood on a cloth can be detected in a few minutes but, he doesn’t know how long before a scent can be detected, lol.
Linda is masterful and going for impeachment of the witness!
Linda gets him to admit most of his expertise comes from reading articles, lol!
Baez has jumped up with numerous objections and has been overruled each time!
He admits that both dogs were trained well.
Baez is now back trying to rehabilitate the witness!
Fairgrieve says when a dog alerts, you have no idea what you will find – the dogs don’t tell you what exactly they found.
I’m not sure what Baez is doing because the dogs haven’t been discredited at all!
I actually felt kinda sorry for Dr. Fairgreive!
Sargent Brewer is called. She handled ‘Bones’ the dog at the Anthony home.
She was told to examine the backyard, but wasn’t told anything more than another dog had been there.
Bones gave a weak alert. They returned the next day and Bones did not alert.
Was your dog off leash? Yes.
She also conducted a search on a blue truck at the garage parking lot.
Bones was originally partially trained by Dep. Foregy and then turned over to Brewer for further training. She and the dog both trained at several schools for cadaver identification.
The dog had pretty extensive training, so again I don’t get how this helps the defense!
There is a huge file of training logs that Ms. Burdick wants entered and Baez objects because it’s heresay?????
The Judge went through the file and there are some news articles included. Perry agrees those articles must come out as to being admitted for the record.
Brewer goes through the items Bones has been trained on…blood, bones, cadaver fluid…
Burdick asks if Bones will alert to none-human decomp and Brewer says no, he has been proofed from that.
Ms. Burdick brings out the second day Brewer went to the Anthony backyard, the ground had dug up and moved. That would release scents and is most likely the reason Bones didn’t alert on the second search!
Well, we’re done for today and in my opinion, the defense scored zip!
Vass will be up tomorrow.
OMG, Baez gave a disk to Jeff Ashton after 4pm on Monday that contained over 5000 pages on Dr. Vass! OMG, it’s background information on Vass. What a BS move by Baez!
Judge Perry is not a happy camper and spanks Baez for the late submission.. “I listed certain rules trying to take out the element of surprise!”
My final comment on the hearing…YIKES!
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PostSubject: Judge Perry yanked his Chainy   Fri Mar 25, 2011 9:36 am

Judge Perry yanked his Chainy.

Posted on March 24, 2011 by mainstreamfair


This motion is very telling in what to expect in the days ahead.

Motion For A Rehearing On Orders Denying To Suppress

Kathi Belich Reports: Things Get Heated Again In Day 2 Of Casey Hearing
Quote:
At about .30 minutes in:
News Anchor: Do they think Perry is biased?
Kathi: Well, Chief Judge Belvin Perry has been scolding the defense for the last two days for improper questioning and today the defense accused Perry of bias and factual errors in his recent rulings. Our legal analyst says you don’t usually see this kind of defense motion before a trial.
End of quote.
************************************************
Isn’t Nan11, the greatest? Look what she typed out for all of us. I am even going to include her commentary. You are a sweetheart, Nan11, and Jonathon extends to you a BIG HUG.
Jonathon: I hope you don’t mind this. I have type out Section “1″ of the Motion For A Rehearing On Orders Denying Motions To Suppress. In this section, there seems to be nine points made by Judge Perry that Mr. Mason disagrees with–I have attempted to list them, bolding Mr. Mason reasons for disagreeing:
Quote Begins from bottom of page 1:
Factual Errors Between Testimony Presented At Hearing And The Order Denying Motion to Suppress Statements Made to Law Enforcement Officers:
1. The Court recited facts in the second paragraph of the Order as follows “When officers arrived at the scene, they proceeded to separate the family members in order to obtain statements..[t]his was done in accordance with established police procedure.” In fact, family members were kept together when the officers arrived, and only much later separated for writing statements.
2. Page 2, full paragraph 2 of the Order States “The defendant was briefly handcuffed and placed in a patrol car. Shortly thereafter, the Defendant was released from her handcuffs and allowed to return inside her home.” It is an undisputed fact that the Defendant was handcuffed by Officer Eberlin, walked out to a patrol car and placed in the rear cage of the vehicle. Further, instead of “allowing” the Defendant to reenter the home, the Defendant was physically escorted into the home. This is not the encounter described in the Order.
3. While in Officer Acevedo’s vehicle, the Defendant was taken to the Sawgrass Apartments. Deputy Fletcher followed and questioned the Defendant while she remained in the rear of the patrol vehicle, this fact is not revealed in the Order.
4. The Order fails to state that, at no time during the police presence in the Defendant’s home, was she less than ten feet away from an armed law enforcement agent.
5. The Order states simply that Det. Melich “returned the Defendant to her home and left. The facts fail to disclose that Det. Melich left the home at 4am after repeated and prolonged interrogation.
6. The Order also fails to address the fact that, in “touring” Universal, the Officers had previously uncovered the fact that the Defendant did not work there before the Defendant was taken to the premises by two officers in a patrol car. Instead, page 12, paragraph one of the Order incorrectly explains the intense tone of the interrogation by stating that the Officers “seemed to be frustrated with the Defendant for leading them on a ‘wild goose chase’.”
7. The facts of the Order, as well as the analysis allude to the suggestion that the Defendant invited the Officers into her home. The Defendant’s mother summoned law enforcement and demanded that the officers arrest her daughter. This cannot be characterized as a consensual encounter on the part of the Defendant.
8. The facts also point out as apparently important that Det. Melich was summoned by Defendant. This is incorrect. He was contacted at the request of Cindy Anthony, not the Defendant. At no time can it reasonably be said Defendant was free to leave under these circumstances. Further, it is disingenuous to characterize the Defendant’s law enforcement encounter as in any way voluntary.
9. Another material error is the assertion by the Court that “[a]s a threshold matter, the Court notes that the interview took place in the conference room because that was where the Defendant led police, claiming it to be her office.” Not so. the Defendant, at no time, and according to no testimony at the hearing, claimed that the 10 X 10 conference room was her office. Instead, the Defendant was escorted to the conference room by three armed agents, 20 miles from home with no means of transportation save the police vehicle that brought her there. Further, she was interrogated with the door closed. This is a far cry from the volitional act characterized in the Order.
10. Because there are factual inaccuracies in the Court’s Order which were relied upon in reaching its conclusion, the undersigned respectfully asks that the Court grant an additional hearing in order to rule on the actual facts in evidence.
End of Quote.
Personally, I think he wants ‘another bite of the apple’. MOO But will Judge Perry give it to him?
Motion To Suppress Statements
Order Denying Motion To Suppress Statements Made To Law Enforcement Officers, Issued by Judge Perry on March 18, 2011
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PostSubject: Casey Anthony - Krinkle Kut Fryes, Hold The Ketchup   Fri Mar 25, 2011 9:38 am

Casey Anthony – Krinkle Kut Fryes, Hold The Ketchup

03/24/2011 donchais
Casey has on the brightest pink sweater ever seen! Get your sunglasses!

Hmmm, appears Mason isn’t there, but Finnell is back. Guess the defense thinks there is strength in numbers?
The intent this morning is to finish the Canine issue and then move on to Dr. Arpad Vass. What scares me is having to listen Dorothy Sims argue stuff she is clueless about. The hair banding issue took 3 hours yesterday and this will be more intense!
Deputy Foregy takes the stand. He describes the training of the dog, Gerus. The dog was trained on human remains, decomp, cadaver body fluids….
This follows the line of questioning of Sargent Brewer from yesterday.
Baez is trying to elicit information about standards and training that Florida doesn’t utilize and this is all prior to Foregy being called to the examine the car and the Anthony backyard.
Baez is trying hard to indicate that possibly Foregy’s records are maybe a bit sloppy.
This is all really boring and has done nothing to prove the dog isn’t reliable.
Baez just keeps covering the same ground of training dogs on double and/or single blinds. Baez intimates that even with the logs, it is really only Foregy’s word that the dog was trained!
Baez asks about the phrase of, ‘lying by omission’ and he basically is calling Foregy a liar!
Forgery now takes us through searching Casey’s car. Baez has him get up and draw a diagram of the garage and parking lot.
YAWN!
Baez asks the Judge to declare the witness ‘adverse’. It’s hostile witness ya moron! Judge Perry tells Baez he hasn’t proven anything!
Baez now tries to illicit Foregy’s Grand Jury testimony! Judge Perry spanks Baez!
Sorry folks, but Baez is just being arrogant, nasty and stupid today!
Judge Perry now interrupts and says Baez’s questioning is going far-a-field from the motion he filed! Baez responds he thinks it’s relevant!
It has taken 1 hour and 15 minutes to get to the search of the Anthony backyard.
Ok, it’s hit me that Baez never had a dog as a child ’cause he knows nothing about dog behavior!
Baez questions why Foregy called a second dog in. He said to verify Gerus’ alert.
Baez says you were not so sure of your dog’s alert. Forgery says no, to go above and beyond and be thorough.
This is going round and round and Perry finally calls a bench conference, hopefully to smack Baez around and tell him to knock it off!
I’m beginning to feel this may be intentional to mess up Dr. Vass’ testimony. He has an 11 am flight tomorrow! So, this could be a stall tactic to cut Dr. Vass short in order to sabotage the State!
Baez wants to know how he can confirm a false positive. He now leads into is it the garbage in the trunk for 3 weeks a possible alert. Forgey says he smelled the car and that confirmed to him there was the odor of decomp in the car!
Linda Burdick comes in to do clean-up which should take long!
Forgey has worked with 12 cadaver dogs in his career.
Gerus is a cadaver dog as well as a service dog. Foregy began the first training with Bones before he was turned over to Kristen Brewer.
Linda goes through all the training Bone’s was put through. Gerus’ training was more intense because he is also a full service dog.
Linda has, with both Brewer and Foregy, worked in the dogs were trained to recognize adipocire which the techs found in the trunk, so this is key!
Linda brings out all the logs, training certificates for Gerus and Baez objects saying heresay. Judge reviews the hefty file and tells Baez he is overruled!
Linda is done and Baez gets back up and he’s back to claiming Foregy’s records are questionable and he questions Foregy’s reliability. Baez just does not get the difference between real-life searches and training logs. The logs do not document real-life searches!
Finally, Foregy is excused at 11:40!
Recess til 1:15

Attorney Anthony hard at work!

Casey enters court.
Dr. Arpad Vass is called! I’m sure my pea-brain will have a hard time following this!
Judge Perry said he doesn’t plan on court tomorrow! Guess the rest of the motions will be heard at another time!
Vass is appearing personally and not as an Oak Ridge employee, the State is paying him an expert witness fee. He has a Biology degree and a Masters in Forensic Science.
Ashton takes him through his CV and career choices. His interest went to finding clandestine graves. This was done with cadaver dogs, ground probes, radar and all of that led him to decay odors….
He describes burying cadavers at various levels with piping and capture hoods on the surface. A very absorbent material was used to gather the gases from the air for analysis. The gases were collected at various time intervals. The first paper was written in 2003 which listed the various classes of compounds found. The study has been ongoing and expanded.
They then studied cadavers on the surface – exposed to air. The gases were collected far more often because the rate of decay was so much faster when exposed to open air. That study was published in 2008 and went through peer review.
I have to say I enjoy Vass – he is very likable and down-to-earth!
Casey looks like a deer in the headlights – she’s not taking notes or exhibiting her normal precise, paper-folding behavior!
Yuri Melich was the first to contact him regarding Casey’s car. Vass was sent sealed cans with the truck air. The first test indicated a large spike of chloroform which surprised he and his lab personnel. He doesn’t recall ever seeing that before.
They concentrated the sample by removing the carpet sample and placed in in a plastic bag and tried to simulate the heat in the trunk to see what else they would find. They identified 51 different compounds in addition to the chloroform!
They eliminated the scent of squirrel which they heard from the media and decided to follow up on it. The squirrel didn’t smell like decomp!
Next they examined the paper towels from the trunk because Dr. Haskell asked him to. The stains in the paper towels revealed large amounts of -adipocire, gravewax!
Buteric acid was found – muscle fat in early decomp. This compound has been known since 1992.
Back to chloroform – he has reviewed 400 to 500 corpses and chloroform is part of decomp however, he never saw amounts as high – 10,000 times greater – as those from the car trunk carpet.
Vass has smelled decomp from 50 individuals he personally processed beginning to end and hundreds additional ones. He also knows the decay odor from numerous animals. Animal and human decomp is totally different – human decomp is very unique.
Vass says no way the odor was garbage.
Vass states when they actually opened the can he literally jumped back two feet because the decomp odor was so bad!
Casey looks ready to barf!
OMG! Baez is doing cross! So Sims does what?
Baez is attacking the term research scientist. What he is missing is you can be a research scientist as well as a biologist, chemist, butcher, baker, candlestick maker! He claims Vass is vague in not listing his PhD in his CV.
Ashton objects to relevance and Baez claims this goes to Vass’ credibility!
Baez now attacks Vass for refusing to turn over his compound database to the defense.
OFGS, it’s proprietary information that belongs to the sponsor of the research!
Baez claims then, there is no way to verify the validity of his work. Vass fires back his peer reviewed research publications are proof!
Baez is a snarky idiot!
Ashton has objected several times and is sustained.
Baez now objects that Ashton is coaching the witness. Perry smacks-down Baez.
Baez brings up ‘Labrador’, the hand held sniffer machine they are creating and tries to say Vass has a financial interest. Point is, all of the creators of ‘Labrador’ as well as Oak Ridge will receive royalties IF someone buys it- this sure as hell isn’t a retirement fund for all these folks!
This is just nuts and rude! What the hell does this have to do with Frye? Oh, maybe Baez wants in for a cut of the booty?

Baez now has Vass get up and make a chart of error rates!
Oh cool, the village idiot is testing the expert! Well done, Mr. Baez!
Baez is back on that nobody can verify Vass’ work or the error rates. Judge Perry has had enough and calls for a break.
Sims is now claiming the cameraman is focusing on her laptop. I sure as hell can’t read it! Damn, this defense team will pull anything to delay!
Baez – is chloroform present on corpses on the surface? No, Vass says the difference is in burials. The same can be said for a corpse wrapped in something or in a situation where air was deprived – anaerobic conditions.
That begs the question, when exactly was little Caylee’s body bagged like so much garbage and how long did Casey drive around with Caylee in the trunk?
Baez has no idea what he is talking about and is making crap up as well as making wild assumptions!
Baez is now trying to claim the bag of garbage made up the compounds of the alleged decomp odor! Vass says he was given the list of all the stuff in the trunk and that’s not correct.
Ashton objects and indicates the area Baez is wandering into was already agreed to in stipulation that it would not be brought up.
Ashton is pissed because the stipulation was reached as a condition of dropping the contempt charge against Baez!!!!!
Baez is now shouting at the Judge and Perry tells him to lower his voice!
Judge Perry indicates Baez knew this stuff before he signed the stipulation and he is looking to ambush! Perry totally chastises Baez and he is royally pissed. Perry says this can be covered at trial and has nada to do with the Frye issue!
Finnell sneaks up to the podium and whispers to Baez. Baez is so flustered he asks for a 5 minute recess! His arrogance and inexperience is showing big time!
Baez seems to be of the belief he has graduated to the status of Mr. Wizzard. I’ve stopped taking notes of Baez’s cross because it is so stupid! This make-believe lawyering is just unbelievably pitiful. Judge Perry is working intently at his computer and I do believe he might be playing Texas Hold ‘Em poker!
Baez asks what food was in trunk. It was a pizza box!…Ashton jumps up and say a pizza box is NOT food, lol!
So, between yesterday and today, we have learned a dirty diaper and an old pizza box do not explain the trunk odor! Can we have an Amen and a Hallelujah!
Perry sends all the attorneys out for a cool down…he is not at all happy and I assume will address the sniping between Baez and Ashton!
Perry says he is ending this at 5:30 and everything else will be heard next Friday, April 1, at 8:30 a.m. and expect to work late and be prepared to come back in early that Saturday, April 2, at 8:30 a.m. also!!!
OMG! Baez is questioning him about the Charles Manson ranch search! Even Vass is laughing at Baez’s line of questioning…he knows he’s dealing with an incompetent!
Baez finally gives up and Ashton has no further questions so the good Dr. Vass is finally released!
Finnell has added two doctors to the witness list – not mental health or diminished capacity…State has no reports so they are in the dark! Ashton seems to know something and indicates a HIPPA issue may be present!
Court in recess at 5:31 p.m.

I’m sure I didn’t in any way, shape, or form do justice to his testimony, but I have to say Dr. Vass is a true gentleman and professional and I actually enjoyed and understood most of his testimony!
My final question of the day…can we sample the air in Baez’s head?
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PostSubject: Casey Anthony - Defense Clowns Imploding   Fri Mar 25, 2011 9:40 am

Casey Anthony – Defense Clowns Imploding

03/25/2011 donchais

Good grief! I believe we have a new entry for Ripley’s Believe It Or Not! Or, maybe, it is more a primer on How Not To Piss-Off A Highly Respected Judge!

Most of you, by now, are aware of Jose Baez’s embarrassing behavior in court yesterday. He acted like a foot stomping, fistie making, spoiled two-year-old. He directly challenged Judge Perry’s instructions and also began shouting. So much so, Judge Perry cautioned him to lower his voice and Ann Finnell had to drag him from the podium for a five-minute time-out. At another point in the afternoon, the good Judge had to send everyone to their corners for another cool-down!
I swear, with all the trials I’ve watched, I have never seen such outrageous discourtesy and brazen misbehaviour from an alledged attorney!
But, that’s not all that has been going on. While Mr. Baez struts around the courtroom being a bully, Mr. Mason has gone round-the-bend writing ill-conceived motions!
Remember several days ago it was ruled that Drs. Hall and Bock – not Frye eligible – could duke it out in court at trial, a decision issued by the highly intelligent Judge Perry? Well, the defense is sulking and having a tantrum, crying for a do-over!
Motion To Vacate And In The Alternative Motion For Clarification
In the motion – misspellings notwithstanding – Mason rambles on insulting Dr. Hall and challenging his expertise.
Additionally, he demands a Frye hearing and confronts Judge Perry asking him to explain, ‘the basis of admissibility of Dr. Hall’s expert opinion testimony.’
The only conclusions I can reach are that Mr. Mason did not pass reading comprehension as a student and in law school missed the session on proper court etiquette and respecting your Judge!

Motion For A Rehearing On Orders Denying Motions To Suppress
In this latest rant, Mr Mason out-and-out accuses Judge Perry of bias!
He throws around statements like ‘factual errors’ and pretty much disses the Judge for misstating and not remembering testimony! Highly insulting to the Judge. The very same Judge who has given so much leeway to the defense and cut them so much slack!

I have to wonder if this might be the reason way Mr. Mason skipped court yesterday? Not out of shame mind you, out of fear?
As we get closer and closer to showtime, the defense team’s behavior gets more and more deplorable!
When the Judge issues orders or gives instructions, the defense team can’t just go, ‘no, we don’t wanna’!
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PostSubject: Caylee Anthony case: An assist for Dr. Vass   Fri Mar 25, 2011 12:29 pm

Caylee Anthony case: An assist for Dr. Vass

Posted on March 25, 2011 by Valhall

Jose Baez spent about 8 hours yesterday painting by numbers to reveal the portrait he keeps hidden in his attic. It was no surprise to find out it is a portrait of a red-assed baboon. If anyone wants to take issue with me not having a single “break” to hand Baez, take it up with the management. The man works harder than anybody I’ve ever seen to prove, in public, he is an ignorant, ignorant man who is so saturated in his own hubris he can’t see how ignorant he is…and apparently has not a single friend who wants to clue him in on it.
The examination of Dr. Forgey about his cadaver dog Gerus was bad enough…but the examination of Dr. Vass was downright excruciating. Not just because of it’s length, but because of the painful ignorance exhibited unobstructed in Baez’s questions.

This is just to address one moment. He did, indeed, “ambush” Dr. Vass when he asked him to name every other laboratory using gas chromatography/mass spectrometry to study the presence of decomposition gases from human decomposition events. Baez wanted Dr. Vass to write a “list” of all them on Baez’s “Big Chief Tablet” he now uses to apparently do no more than waste the court’s time. I can see having someone draw a diagram on a huge poster-sized paper, but when you start having them make handwritten notes and lists in court versus utilizing THE RECORD it becomes utter stupidity and an apparent intentional doubling of the time to just ask the darned question.
So…here’s an assist Dr. Vass…not only of laboratories doing what you do (or similar), as well as individuals who can “come in and validate your work” (as Baez later asked you), and have published similar work (as asked by Baez even later).
Environmental aspects of VOCs evolved in the early stages of human decomposition
Statheropoulos, Agapiou, Spiliopoulou, Pallis, Sianos
School of Chemical Engineering, National Technical University of Athens (NTUA)
Modelling the buried human body environment in upland climes using three contrasting field sites.
Wilson, Janaway, Holland, Dodson, Baran, Pollard, Tobin
Department of Archeological Sciences, University of Bradford, Bradford, West Yorkshire, UK
Smelling death electronically
Sykes, Jones
Penn State University
Analysis of Suspected Trace Human Remains from an Indoor Concrete Surface
Zimmerman, Laskay, Jackson
Ohio University
DETERMINATION OF CARBOXYHEMOGLOBIN IN DECOMPOSED BODIES
Dominguez, Halstead, Domanski
Armed Forces Institute of Pathology, Washington, DC
The Initial Changes of Fat Deposits during the Decomposition of Human and Pig Remains
Notter, Stuart, Rowe, Langlois
L’Institut de l’Information Scientifique et Technique du CNRS
Decomposition & Human Remains
Mrs. Teates
Newport High School Forensics Class!!!! LMAO!
Valhall.
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PostSubject: Casey Anthony: The Hype Before the Trial   Fri Mar 25, 2011 5:13 pm

Friday, March 25, 2011


Casey Anthony: The Hype Before the Trial




"What do you think disallowing the odor of decomposition will do to the Casey Anthony Trial? Call 1 800 13thJuror to weigh in."

It seems that the media will do anything to make this into a story.

As said previously, the odor of decomposition initiates the human gag reflex. It is that bad. It is something that once smelled, it neither forgotten, nor is it mistaken for rotting pizza or anything else. It is unlike anything you have smelled before.

When Cindy Anthony made the 911 call, she said it smelled like a dead "body had been in the damned car" she acknowledged what anyone can testify to, with or without credentials.

InSession is attempting to promote the televised trial coming in May. Most readers here will either be watching or taping it, but it is likely that we will all see it.

What is going on is a stretch.

The TV hosts are revisiting the same details over and over.

There is little mystery left with about the only a few unanswered questions and only a few points of interest:

1. Will Casey receive the death penalty?

This will be something that should hold the attention of the audience when it moves to the penalty phase.

2. Will Casey take the stand in her own defense?

Backed into the Zanny the Nanny story, as insane as it sounds, she just might. Why?

She is a narcissist.
She loves the attention.
She is envious.
She hated the attention Caylee and Cindy received.

This would place her front and center and she would finally be able to tell the world what "good and compelling reason" she had to not report Caylee missing for 31 days.

For now, the coverage is a yawn. "45 days and there is so much going on!"

There really isn't.

3. What will Cheney Mason say when Kathi Belich plays the video of his boasting?

4. What will Cindy say after the verdict? Will she claim Caylee is alive? Will she continue to defend Casey as the word "appeal" enters her vocabulary?

5. How fast does the Made for TV Movie appear?

6. How fast will Cheney Mason run from being involved with the word "appeal"?

There is one question that holds my interest in this case:

7. Will anyone be charged with perjury?

8. Will HLN replay video tape from the summer of 2008 where attorneys were on the Nancy Grace show transparently claiming that Casey will "walk"? The attempt to incite callers was thinly veiled with pseudo legal arguments. The attorneys got audience reaction, and perhaps, some name recognition (some moved on to other shows and other networks) but their 'arguments' might sound interesting as we get closer to the trial; especially as media searches for any 'news' in this case.

Right now, it appears like much ado of nothing; though the trial itself will provide us with fascinating moments into human speech and behavior, but ultimately, will end with Justice for Caylee.

ORLANDO, Fla. -- A scent expert said Thursday that the smell from Casey Anthony's car smelled so strongly of human decomposition, that he had to step back initially.

Dr. Arpad Vass, a researcher at the Oak Ridge National Laboratory, is testifying at a hearing in the case Thursday about the methodology he used to test air from Casey Anthony's trunk.

Prosecutor Jeff Ashton established that Vass has spent his whole life smelling odors.

Vass said the scent of human decomposition is unmistakable.

Ashton asked Vass how he reacted when he opened the bag that had the sample of carpet from the back of Casey's car.

"At first, I jumped back about 2 feet because the odor was so strong. But it was definitely the smell of human decomposition," Vass replied.



Both sides are debating the odor issue at a Frye hearing to see if it will be admitted at the trial.

The defense wants the evidence thrown out.

Judge Belvin Perry must decide not whether the expert is correct, but if the methods used to reach the conclusion were based on generally accepted scientific principals.

Jury selection for Anthony's trial is scheduled to begin May 9.

Posted by Seamus O Riley at 3/25/2011 10:58:00 AM
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PostSubject: 2 Days Of Frye Hearings, More To Go, A Hateful, Familiar Motion & The Casey Ship Is Sinking......In Caylee's Case   Fri Mar 25, 2011 5:20 pm

2 Days Of Frye Hearings, More To Go, A Hateful, Familiar Motion & The Casey Ship Is Sinking………In Caylee’s Case


After 2 days of Frye Hearings and a large over dose of the defense’s arrogance, ignorance and lack of a case, coupled with a ditzy client that is as cold, evil and self-entitled as it gets, like the rest of you, I’m left shaking my head. Jose Baez comes across as the little fat boy bully on the playground, that mama never said NO to. You know the kind, the kind that pulls all of the little girl’s pigtails and then says he didn’t do it. The kind that steals everyone’s lunches, or the dodgeball, and again, he didn’t do it, and if he’s held accountable by anyone, he’s being picked on and he cries like a little girl, and throws a tantrum. His disposition is much like that of his client’s, and the other attorneys on the so-called “dream team” are not really much more impressive. It’s very obvious that Casey’s defense has no case, and that their client is no help. They have nothing to work with………NOTHING! I was completely appalled at the way Mr. Baez treated the witnesses. He was so rude, and so hateful and when called on it, he argued with the Judge, threw fits and clicked his pen annoyingly over and over and over…….Into the microphone! He obviously does not know his butt from a hole in the ground when it comes to anything scientific. He doesn’t know the difference between trying a case and having a Frye Hearing. Shoot, he can’t even tell the difference between his client’s case and the Manson case. I cannot understand why the Florida Bar ever admitted this guy, and I truly hope they are watching all of this, because he needs to be stopped from practicing law. As I’ve said before, I wouldn’t hire the guy to defend a tin can for falling out of the garbage. A sad statement for Florida.
Okay, I started with the rant, and yes I’m feeling just a bit better, but I’m not done yet. Cheney Mason wasn’t present on day 2, and I wondered why that was……..Well it was because his sneaky, snarky, moldy old butt was busy putting together a motion that acuses Judge Perry of being biased. So that explains it. He claims that the Judge is biased to law enforement and that he did not rule properly on the issue of Casey’s 6th Amendment rights being violated, and on her being placed into custody without being read her Miranda Rights. He is respectfully demanding a new hearing for both issues. I will share the motion with you, but first I would like to remind you of Cheney Mason’s opinion of the Anthonys, Baez, Casey and how the case should be handled right after Caylee’s remains were found.


The Snarky Motion
NOTE: THE SNARKY MOTION (ABOVE) IS THE LINK TO THE MOTION.
Okay, so what is familiar about this motion? Hmmmmmmm??? What’s familiar about this motion is the fact that the Judge is being accused of wrong doing. Cheney Mason has gone from the opinion that Casey should deal this out and get life or the lawyer and the parents can keep going with this and talking to the media and all of this circus and she’ll still get life, to jumping on board and accusing every public official on this case of wrong doing, Casey is an innocent child and a victim no less. Her rights are being violated, delay, delay, delay, and keep that circus going Cheney. I’ve noticed you even attack the media, even though you have enjoyed putting your mug in that spotlight. What a hypocrite! Mr. Mason, you can keep this circus going if you like, but she’s still gonna get life. In fact if you and your colleagues keep acting out, and she keeps her behavior up, she may actually get the death penalty. What a contribution you’re making!
Now, I thought that Dr. Vass’ testimony was great, and Jose Baez showed his ignorance and arrogance. Dr. Vass will come across very well to a jury. Jose Baez will not. I was shocked at the levels of chloroform found in the trunk/carpet. 10 (I thought I heard him say 10 times in the carpet, but it is being reported that he said 8, and 10,000 times in the trunk) times that of a decompositional event. I was not surprised that the trunk/carpet stunk so bad, but it wasn’t pizza…….Was it? NO. It wasn’t garbage either, it was human decomposition. I was impressed that Dr. Vass even took the time to test a squirrel. That just blew Casey’s text excuses to Amy for the smell in the car, that at the time, no one knew about but Casey. Dorothy Sims was almost as bad as Jose Baez, though I think she seems to be more ignorant. I didn’t think that was possible, but there it is. She spent all morning on the first day asking the same couple of questions she kept getting told not to ask, every single way she could, and in the end, they had nothing to do with Frye, so it was a huge waste of time. She established her base, and then she blew it going round and round with the same few questions, and even argued with the Judge a bit herself. Then her outburst on day 2 of her laptop being caught on camera, was as juvenile as it gets. Speaking of juvenile……….Cindy was apparently trying to get Jeff Ashton and a professor in trouble because they nodded and had facial expressions a few times……..Damn! I wonder if she will have a fit when George does it?? Nope! He’s one of them. In their minds the Anthonys are superior to the rest of the world. NOT!!!
I could go on and on about the cadaver dog testimony, and all of the rest, but the bottom line to me is everything that was heard at the 2 Frye Hearings will be admissible in court, and Cheney Mason knows that, as that is part of the reason he filed that motion, to counter act the fact that all of the damning evidence that their ignorant, evil, little twit of a client left behind, can and will be used against her. That is why the defense has an attitude. They are losers and they know it. Their client is a loser and they know it. In the end the jury will have heard and seen all of this stuff, and they will have seen this little angel:


And likely they will have at some point viewed these videos of the last full day of her life:






By the end of the trial, the jury will put it all together and they will realize that Casey Anthony murdered her daughter. No one else could have. She took her sunshine away, in a heartless and cruel way, and they will feel outrage for Miss Anthony and her defense. Their personalities will sink the ship, but when the dots are all connected and they look at that baby, and remember her singing: “Please don’t take my sunshine away”, they will find Casey guilty, and no matter what excuse her defense comes up with, “ugly coping”, she was molested (BS!), she’s a victim, blah, blah, blah, the jury will see through it all. Bipolar won’t even wash Ms. Finnell, as at the very least she will get life, and she may get the death penalty if she and her defense and her family all keep behaving the way they have. I suspect they will.
From all of the hearings this month this is what I believe happened to Caylee Anthony……….Casey Anthony left home and at some point she decided to unload her baggage (in her mind), as she really didn’t want that baby, and she wanted to hurt her mother for finally trying to hold her accountable for her own actions. So she chloroformed Caylee, put duct tape over her mouth and nose, and put her in the trunk of her car in June in Orlando Florida. Caylee suffered, and was likely crying before this happened, as I do believe that Casey and Cindy’s fight pushed Casey to go ahead and execute her plan. Caylee died in the trunk of that car, alone and afraid and knowing her mother hated her. Then her mother, not being able to explain the smell, packaged her up first in a baby blanket, then in a garbage bag and then a laundry bag, drove around the corner, when she realized burying her in the backyard was not going to work, and backed the car up as far as she could, opened the trunk, and took her out and tossed her in the woods around the corner from the house, like garbage. The only thing Casey didn’t plan on was the smell. The smell that was so bad, that when she ultimately abandoned the car, she left her keys and her purse in it, hoping it would be stolen, but even a car thief would not have been that stupid, because someone died in that car. George knew it, so did Cindy. Cindy washed the clothing of Caseys that she committed the dirty deeds in, covering up for her daughter. George lied at the hearing marathon earlier this month when he said he got sick because they were talking about those pictures of Casey. No, I remember those interviews George, YOU got sick when you were explaining the smell of death in the car, and you said it was an unmistakable smell that you had smelled as a law enforcement officer, one that you never forget. I get that the Anthonys do not want their daughter put to death, but their behavior in this case has made that more likely than it would have been, had they just kept quiet and tried to get their daughter a proper defense, and the professional help she likely needed, as long as she owned up to what she had done. There was a window of opportunity before Caylee’s remains were found, for their daughter to deal it out with a much smaller sentence than she will get now, so instead of lying and playing games and trying to have someone plant someone else’s DNA on the remains, one month before they were found, trying to set someone else up for the crime, while they were attacking anyone that didn’t believe CAYLEE WAS ALIVE, they could have done the right things, but they didn’t. I do understand it all boils down to Casey’s choice, but obviously the girl is not that smart. She’s a known liar, and that will be presented in court.
Now why did I mention how Caylee likely died? Plain and simply because that is what a jury will be able to put together. You don’t have to be a scientist to see it. Likely they will see some pictures of Caylee, and I’m doubting that at least some of them will not have seen at least one of those videos at some point. If the defense attacks the detectives about allowing Casey to lie so they can charge her with lying, that validates that she’s a liar. If the defense continues on the “my client is a victim of a huge conspiracy” path, they will anger a jury. The jury will not be warmed up to their client’s behavior during court, or theirs or George and Cindy’s. Casey Anthony was a nobody before this all happened, and she is really still a nobody today. Law enforcement did everything in their power to find Caylee, and the public even helped. They did everything in their power to find out what happened to that baby, even following up on live sightings, despite the evidence that Casey left them. They were more than patient with the Anthonys, more than most would have been.
I don’t think the Judge is going to reverse his rulings that were attacked in Mason’s motion. I do not think the Judge is going to do anything but allow the evidence into trial, that was discussed at the 2 day Frye hearing, from the hair with the death band, to the smell, the chlorofom, and the cadaver dogs. Now, the Frye Hearings will be continued on April 1st, which is a Friday, at 8:30 am Eastern. Whatever is not heard, will be heard on Saturday, the 2nd, at the same time and the Judge did say they can stay late and will if that is what it takes. Those hearings will take up the issue of the stain in the carpet of the trunk, and will likely have the rebuttal or defense expert witness for Dr. Vass’ testimony, that Baez mentioned (if the Judge allows it, and he likely will), and the heart-shaped sticker, and likely the plant growth. The only thing I think will not be allowed is the heart-shaped sticker, because it was destroyed in testing. There will also be a status hearing on April 8th.
Sources Of Information:
http://www.clickorlando.com/news/27308262/detail.html
http://www.wftv.com/news/27318489/detail.html
http://www.wftv.com/news/27304651/detail.html
http://www.wftv.com/news/27285107/detail.html
http://www.wesh.com/casey-anthony-extended-coverage/27310670/detail.html
http://www.wesh.com/casey-anthony-extended-coverage/27310178/detail.html
JUSTICE FOR CAYLEE!!!
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PostSubject: Casey Anthony: Did Judge Perry Get the Facts Wrong?   Fri Mar 25, 2011 5:23 pm

Casey Anthony: Did Judge Perry Get the Facts Wrong?

Posted March 25, 2011 by Kreuzer33
Categories: Uncategorized
Tags: Anthony Body Found, Anthony Family, Anthony March 25, Anthony Text Message, Anthony Text Messages, Anthony Trial, Anthony Update, Belvin Perry, Brad Conway, Casey Anthony, Casey Anthony News, Caylee, Caylee Anthony, Caylee Anthony News, Caylee Body Found, Caylee March 25, Caylee Update, Cindy Anthony, George Anthony, Jose Baez, Judge Belvin Perry, Judge Perry, Lee Anthony, Leonard Padilla, Missing Child, Missing Girl, Roy Kronk, Tim Miller, Todd Black, Tot Mom

Casey Anthony’s defense team has filed a motion stating that Judge Belvin Perry got the facts wrong surrounding statements made by Casey Anthony to law enforcement and family and are they are now requesting another hearing.
From Central Florida News:
The motion reads: “because there are factual inaccuracies in the Court’s Order which relied upon in reaching its conclusion, the undersigned respectfully asks that the Court grant an additional hearing in order to rule on the actual facts in evidence.”
It went on to read: “The Court did not look at the evidence from the Hearing objectively and instead displays a clear bias in explaining law enforcement conduct.”
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PostSubject: Casey Judge Shoots Down Request For New Hearing   Fri Mar 25, 2011 6:49 pm

Casey Judge Shoots Down Request For New Hearing


Defense Said Judge's Ruling Was Biased




POSTED: 5:07 pm EDT March 25, 2011
UPDATED: 5:15 pm EDT March 25, 2011



ORLANDO, Fla. -- Judge Belvin Perry denied a defense motion in the case against Cassey Anthony on Friday that said the judge's initial ruling on some evidence was biased and asked for a new set of hearings.
The issue are the initial statements that Anthony made to law enforcement officers and members of her family. The defense claimed that Anthony should have been read her Miranda rights and that her family was working as an "agent of the state."
On Friday, Perry denied defense requests to have the statements thrown out.
READ: Defense's New Motion
READ: Order Denying Motion For Rehearing
READ: Order Denying Motion To Vacate

A motion filed Thursday by defense attorney Cheney Mason cited "factual errors between testimony presented at hearing and the order denying motion to suppress statements made to law enforcement officers."
The motion also accused the court of not looking at the evidence from the hearing objectively and instead displaying a clear bias in explaining law enforcement conduct.
Perry denied the request for a new hearing Friday.
The case returns to court next Friday for more pre-trial hearings, which are scheduled to begin at 8:30 a.m. WESH.com will stream the hearings live.
Jury selection in Anthony's murder trial is scheduled to begin May 9.
READ: Order Denying Motion to Suppress Statements To "Agents Of State"
READ: Order Denying Motion to Suppress Statements To Law Enforcement


Copyright 2011 by WESH.COM. All rights reserved. This material may not be published, broadcast, rewritten or redistributed
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PostSubject: Training K9s to alert to the smell of a decaying defense team   Sat Mar 26, 2011 9:01 am

Training K9s to alert to the smell of a decaying defense team


Despicable. Dishonest. Deplorable.
Bombastic. Blowhard. Bully.
Are there any other words to describe the defense team in the State v. Anthony case?
Oh, you betcha!
There are dozens of words and dozens of ways to express the rotten methods used by the defense. They throw slime on testimony, on witnesses, facts, and rulings in an effort to wiggle out of the dark pit they have found themselves in. They have no case. They have no case! Hello! They have no case! What are they doing – What is Mr. Baez doing?
The defense team needs to spend an hour in detention, forced to write on the blackboard: We have no case and we admit it. We have no case and we admit it. We have no case and we ADMIT IT!
There is nothing more maddening than to see Mr. Jose Baez, not only make a total fool of himself, but to also put on a cynical and distasteful demeanor toward witnesses that are polite, well-meaning, and professional. When I watch Mr. Baez at work, he reminds me of the stereotypical Vegas-character-gangster-lawyer straight out of the “Godfather.”
How dare he demean perfectly honest, perfectly professional witnesses?
Last night I watched the videos of Dr. Vass’ testimony, tonight I am catching up with Deputy Forgey’s testimony regarding his search of both the Anthony home, and the White Pontiac Sunfire. Mr. Baez actually brought up the fact that the dog could have been thrown off by the smell of garbage in the trunk of the Pontiac. Yes, I heard it with my own ears tonight – the garbage sure could have been the source of that smell!
Was this particular line of questioning written by Attorney Casey Anthony? Is she writing the witness questions for Mr. Baez? I bet that’s it! This is a team effort by the law firm of Baez and Anthony. Or, no, it’s probably Anthony and Baez.
So, now we know what Casey Anthony is doing as she sits at the defense table writing furiously on her yellow legal pad! She’s writing the questions for the defense!!!!
Is this why Mr. Baez asked a question about Grand Jury testimony? Baez surely knows Grand Jury testimony is off limits, so it was probably Casey’s mistake, after all, she’s a new lawyer, we need to give her a little slack, right?
I bet it was at Casey’s direction to ask about how Deputy Forgey could forget that a blue car was in the vicinity of the white Pontiac when the K9 alerted to decomposition. You see, Deputy Forgey didn’t mention this blue car in one of his statements – naughty naughty Deputy Forgey – you really goofed! And you know what else probably happened? Deputy Forgey probably LIED about the color of the car! Yes! That’s it. Let’s prove the car was really GREEN, but Forgey says it’s blue, SO WE CAN IMPEACH HIM! Well, sure! That’s how we’ll win this case, by George! We’ll just ask everyone who testifies to get off the witness stand and write on the flip chart the colors of different things at the crime scene. Yeah! And, if they call something orange that’s really red, then we’ll impeach them and prove they lied! And, we’ll have the evidence to PROVE it! Yes, we’ll have the FLIP CHART PAPER THEY WROTE ON THAT PROVES CASEY IS INNOCENT! Those flip chart pages that the witness wrote on will be entered into evidence to PROVE the witness lied about everything! Which translates to the obvious fact that Casey is indeed innocent!
That’s the strategy, my friends! That flip chart is the secret weapon in this case! Oh, and this strategy was the mastermind of Attorney Anthony. She’ll get all the credit for this. Why, she may even write a book, or a handbook, like the one she read recently: “Training K9s to alert to the smell of a Decaying Defense Team.”
Dr. Vass and Deputy Forgey should be commended for keeping a straight face and an even temper during what must have been a painful experience. Kudos to them both.
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PostSubject: Caylee/Casey Anthony Case: Memoir Of A Meltdown Jose Baez Loses It   Sat Mar 26, 2011 9:30 am

Caylee/Casey Anthony Case: Memoir Of A Meltdown Jose Baez Loses It

Posted by Blink | Casey Anthony,Caylee Anthony Case,Cheney Mason,Cindy Anthony,Dorothy Clay Simms,Dr. Arpad Vass,George Anthony,Gerus,Jason Forgey,Jeff Ashton,John Allen,Jose Baez,Linda Drane Burdick,Linda Kenney Baden,Tot Mom,Yuri Melich | Friday 25 March 2011 2:34 pm

Orlando, FL- Occurrences yesterday afternoon had me checking my Google Earth maps to double check that the Orange County Courthouse was not next door to NASA doing their ignition checks. The flare ups were numerous and loud.



Defeat Is Not an Option

“I’m Winning..”- Jose Baez (borrowed from Sheenster)


During the motion for exclusion and Frye hearing, Jose Baez, lost it.
Avid readers and contributors here know I am not about the drama. This was actually that baaaaadd.
FRYE’S WIT DAT?


Shy of jumping up and down or retreating to a fetal position with thumb-sucking involvement, Jose Baez, counsel for defendant Casey Anthony, needed a time out, several time outs, and was granted one after his co-counsel’s requests, and another, courtesy Chief Judge Belvin Perry.
Because I value your time, and will not subject you to the H O U R S of innocuous banter we witnessed, my highlight reel for your review-
Let’s say Jose Baez does not hold any advanced Science degrees. In the interest of disclosure, neither do I.
I do however understand that blaming the State, in this case, Jeff Ashton, for the reason that Mr. Baez missed deadlines requiring him to agree to a stipulation whereby he can no longer subject the “hardware” of Dr. Arpad Vass to the “Frye” test, is a no-n0.

Chief Judge Belvin Perry: ..Mr. Baez.. it sounds like to me, you entered into an agreement that you are trying to rescind.. If you questioned the results then, why did you agree to it?…

Jose Baez: ..It is the easiest thing in the world to hold a contempt charge over a lawyers head, Judge..

Chief Judge Belvin Perry: “…Your co-counsel is trying to speak to you.”

Jose Baez: “Judge, can we have a 5 minute recess?”

Chief Judge Belvin Perry: “You may have a 5 minute recess.”
This exchange came near the end of what can only be described as a window to the strength of the State’s case against Casey Anthony for the murder of her daughter Caylee, and the utter lack of preparation and skill the defense team has by comparison.



Photo Credit Gary Kazanjin

While it is true that much of what we hear in pre-trial motions is not always what will be admitted at trial, which is the very reason for them in the first place, the defense’s lack of knowledge of their own case is not a valid reason to deny something into evidence.
It is abundantly clear from this editor’s perspective that neither Dorothy Clay Simms nor Jose Baez sufficiently understood the scientific subject matter they are requesting to be rendered inadmissible, or in effect, “junk science”.
Devoid of strategy, repetitious and largely irrelevant, with several pending motions still to be heard, the defense ate up two straight days. As a result, all parties are back in court next Friday and possibly Saturday.
By far the most important witness to take the stand yet , Dr. Arpad Vass, research Scientist of “The Body Farm” fame and globally respected, peer-reviewed author of two separate studies on odor analysis in human remains, NAILED IT.

Dr. Vass’s work, which is also referenced in some of the defense expert witness’s studies , was published in The Journal of Forensic Sciences in 2004 and 2008. His testimony was masterful in bridging the gap between academic jargon and layman “speak.”
He has a delightful and disarming diction and jurors are going to adore the way he can make such a macabre subject matter educational and practical.
Without reservation, Dr. Vass’s testimony riveted both the courtroom spectators and the online community, however, his words brought strange reactions from the defendant herself, Casey Anthony.
When asked by Jeff Ashton what Vass’s response was when he opened the sample containing a swatch of carpet from the trunk liner of the Pontiac Sunfire, he replied,
” At first I jumped back about 2 feet because the odor was so strong, but it was definitely the smell of human decomposition..”


..”What was your reaction to seeing that chromatogram result ?..”
..”I have never seen a peak in chloroform in a sample Ive’s shot in over 20 years like that… The sample was 10,000 times the control sample..”




..”Human decomposition is very unique, it is as unique to me as a skunk smell is to everyone else. You don’t have to see a skunk in the road to know it was run over..”


There are no leaps to be made here, no exaggeration. Dr. Arpad Vass ‘s testimony alone is enough for a reasonable person to conclude not only was there a decomposing human in the trunk of Casey’s car, but coupled with a hair that has a deathband that can only be from Casey or Caylee, and we both know which one is alive, this case is all but waiting for a foreperson slip with an x in the box.
Looking ahead to trial, Dr. Vass colleagues, forensic entomologist Dr. Neal Haskell, forensic anthropologist Dr. Bill Bass and forensic botanist Dr. David Hall are some of the strongest expert witnesses in their respective concentrations in this country.
As an analogy, if I owned the side of a mountain I would carve them in likeness as my “Forensic Mt. Rushmore.”
Dr. Vass was brought into this case by lead investigator Cpl. Det Yuri Melich.
B E S T C A L L E V E R.
For anyone saying- not so fast Blink, Judge Perry still has to rule on the frye issues and admissibility, I say ” minor formality”. He also asked Jose Baez if he had any other motions pending besides the balance of what was known to be heard Friday April 1st to which he answered no. Not a good idea considering co-counsel Cheney Mason filed a request for a rehearing that morning and asserts Judge Perry was bias in his rulings on earlier admissibility or suppression hearings. Musta slipped Jose’s mind.
Do we all realize Judge Perry signed the majority of search warrants BASED ON SOME OF THIS DATA in the first place ?
Do we all realize that Judge Perry presided over the Grand Jury that issued Casey’s indictment?
From the defense table, during the hearings, Casey Anthony furiously scrawled notes and flipped through voluminous reports and deposition transcripts.
On Wednesday, during the testimony of Yuri Melich, whereby at one point he was literally 5 feet away from her scribbling on the defense’s “demonstrative aids” pad at Baez’s request, Casey Anthony never once looked at Melich, or up, from her “make sure and look busy” activities.
Imagine that. Casey Anthony cannot eyeball her accuser, the lead detective in the case of her murdered child and this girl thinks she is going to be acquitted?
She is wrongly accused, this guy had and has it all wrong and she cannot be torn away from her post-it passing to observe his testimony about her dead child in her car? Seriously.
There is no explanation I can fathom where this defense feels it is in Casey Anthony’s best interests to go to trial in the instant criminal case against her. None.
That said, it is.
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PostSubject: Judge Perry's motion, blunt and to the point Mallory Parker owes $$$ for 2003 ticket   Sat Mar 26, 2011 9:46 am

Judge Perry’s motion, blunt and to the point! Mallory Parker owes $$$ for 2003 ticket


Filed under Casey Anthony

Judge Perry entered his response yesterday to the the defense team about their motion as the a Bias Judge Perry’s decision. Defense 9 page motion
The Judge responds with a blunt and to the point motion:
THIS Matter came before this court for consideration of Defendants motion for a rehearing on orders Denying motions to suppress filed on March 24 2011. Counsel seeks rehearing of this courts order denying motions to suppress rendered on March 18 2011 It is hereby Ordered and Adjudged that Defendants motion for rehearing is DENIED. No other motion for rehearing shall be considered.Done and ordered in chambers at Orlando Orange County Florida this 25th Day of March 2011. Judge’s Order
Also released yesterday was the Judge’s Order to Deny the Defense Motion: Motion to Vacate and in the alternative motion for Clarification. In the defense motion they wrote, This motion talks about Dr. Hall and his personal opinion. It claims that he , Dr. Hall never personally observed any plants. They said in his deposition he said the scene was clear and that he never analyze the soil. As for the bag, they are stating that he did not see the bag, it had been removed. They claimed that Dr. Hall did not read any scientific journals, and claim that he is basing his opinions on personal experience since he was 10 years old. This motion goes on to bash Dr. Hall. Read the defense 15 page motion
Again, the Judge responds to a one page order:
THIS Matter came before this court for consideration of Defendants motion to vacate and in the Alternative motion for Clarification filed on March 21 2011. It is hereby Ordered and Adjudged that Defendants motion to Vacate and in the alternative motion for clarification is DENIED. Done and ordered in chambers at Orlando Orange County Florida this 25th Day of March 2011. Read the Judges Order
It is not sure if Mason missed the hearing to write up the bias motion against the Judge, or if he was getting ready for his trial where Scott Bush is charged with sexual battery child under 12, and lewd or lascivious molestation victim under 12 year of age. This trial was set for the 28th of March and is now set for September 2011. I guess Mason will be busy putting out motions during the hearings. Who i might add Bush is out running the streets on Bond. Mason has some pretty interesting cases: James A. Greer, use of electronic access device, 3 counts of theft, grand theft of $20,000 or more and unlawful transport of currency. And Justin Kirby who is charged with Burglary, carjacking, robbery, false imprisonment, and causing bodily harm, found guilty now on appeal and has been sent to a collections agency, guess he couldn’t pay the fees! In the past he has been charged with solicitation to commit prostitution and sales/delivery of cocaine.
And in more fun news of who owes for a speeding ticket:
STATE OF FLORIDA VS. MALLORY D PARKER
Case Type: Civil Traffic Infraction
Date Filed: 05/12/2003
Location: Orlando Judicial Officer: Officer, 98 Hearing Uniform
Case Number: 482003TR092149000AOX
Defendant PARKER, MALLORY D
Total Financial Assessment 288.00
Total Payments and Credits 229.00
Balance Due as of 03/26/2011 59.00
Yep, Mallory Parker aka Zams mommy owes $59.00 from a 2003 speeding ticket!
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PostSubject: Judge Denies Request for New Hearing - Statement Analysis   Sun Mar 27, 2011 8:18 am

Judge Denies Request for New Hearing



Request: throw out 911 call
Response: Denied

Request: throw out Casey's statements
Response: denied

Request: throw out family statements
Response: denied

Request: Throw out anything, everything, evidence, odor, anything?
Response: denied

The addition of Cheney Mason did not help the self-annointed dream team. Instead, it made the defense look amateurish and cheesy, with the 'good ole' boy' acting shunned immediately by Judge Perry.

When Baez moved to get Strictland out, Judge Strictland could not have been happier. So, what did the Defense get?

A 9 for 9 Death Penalty no nonsense, no friendly, no good ole' boy with Col. Sanders pandering for the camera.

So, what has Casey, or Cindy, or ABC, or the taxpayers gotten for the money?


Thus far, not much.

Baez' dreams of Telemundo have all but shattered, with a crack each time Judge Perry scolds him like a 3rd grader who can't get along with the others.

Thus far, it has been a 3 year no-win ride for all...

except those who seek justice for Caylee.

From the originally chosen defense attorney to EACH self-serving narcissistic 'pro bono' ambulance chaser, Justice for Caylee has been the winner.

It can't be toooo bad, otherwise it will be a mistrial due to incompetence, but is it ever close.

One observant attorney told the media that in order to get a mistrial based upon inadequate representation, an attorney pretty much has to fall asleep in the courtroom and be quiet.

Great observation.

In fact, had Baez (or Mason) fallen asleep a time or two, it would have been better for Casey, but as it stands:

It is working out nicely, not for Cindy, George, Lee, or Casey, but for Justic



e.




ORLANDO, Fla. -- Judge Belvin Perry denied a motion from Casey Anthony's defense team Friday afternoon seeking a new hearing. The motion (read it) called Perry's court decision biased against Casey.





Judge Perry didn't have much to say in his order Friday afternoon, simply denying the motion. However, he did write that "no other motions for rehearing shall be considered."
WFTV legal analyst Bill Sheaffer believes that only reason Casey's lawyer would make these kind of accusations at this time is that they are trying to bounce another judge or at least delay the trial while they try.
The defense is accusing Perry, who is the second judge to preside over the case, of being biased against Casey Anthony and being flat out wrong about the facts and the law.
Casey's lawyers didn't like his decision to allow the jury to hear the lies she told to investigators and to her family. Casey is scheduled to face trial in May for allegedly murdering her daughter Caylee and dumping the child's body in the woods near their house.
"The language they employed is very close to the language they employed when they tried to get Strickland off the case and succeeded. It's that type of language we're seeing all over again," Sheaffer told WFTV.
Here's how it could happen. Now that the judge has refused to rehear whether Casey's statements to law enforcement and her family should be thrown out, the defense might ask the judge to recuse himself, or step down.
If the judge were to say no to that too, the defense could ask a higher court to delay the trial while a decision is made about the judge.
The defense was successful in getting circuit judge Stan Strickland to recuse him self over his communications with a blogger.
"The defense gets a ruling they don’t like. What do they do? They attack the judge," Sheaffer said.
Sheaffer believes they might want a new judge or delay because things aren't going their way. The judge is demanding compliance with the rules of procedure, evidence and professional conduc

Posted by Seamus O Riley at 3/26/2011 01:27:00 PM
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PostSubject: The State of the Mind Excuse   Sun Mar 27, 2011 10:07 am

the state of the mind excuse


At the end of Thursday’s hearing, there was a discussion initiated by Jeff Ashton asking about the two new witnesses the defense plans to add. I’m referring to Dr. Jeffery Danzinger (his website), and a Dr. Weitz or Weiss.
Ann Finnel, the attorney charged with representing Casey Anthony in the penalty phase of the trial, which begins immediately after the guilt phase, spoke Thursday of these two new witnesses. Judge Perry asked Ms. Finnel what these witnesses will bring to the defense case. She waffled a little, then said, “State of Mind”. The Judge asked, “whose state of mind” (I bet he was thinking of Jose Baez!!!). Ann Finnel said to the Judge, “Ms. Anthony’s.”
Of course the Casey Anthony defense is not a “mental health” defense, never has been. So, why at this late date would the defense entertain this?
Judge Perry stated that when he hears “state of mind” he thinks: “diminished capacity.” Ann Finnel advised the Court it was not about claiming diminished capacity.
Apparently the opinions of these two psychiatrists only became available to the defense recently, which is why the late notice to the court and to the State. Ann Finnel promises to have the reports to both the Judge and the State on Monday.
So what is this about?
As far as I am aware, when you talk about “state of mind” it would go to Casey Anthony’s behavior. But, what behavior is the big question.
Ms. Finnel said these two doctors were being planned on the penalty phase only, but as a result of the opinion they’ve given, they have decided to add them to the guilt phase.
Could the state of mind question lead back to the “ugly coping” that was bandied about for a while? If so, will they try to white-wash the party girl image, the tattoo loving thief? Good luck with that.
Perhaps the state of mind question will apply to the murder (or accident – if the defense goes with the pool accidental drowning), and attempt to explain away Casey’s behavior right after the death?
Will they claim that mentally she was able to almost disconnect from herself in an effort to deny Caylee’s death? Well, that’s all well and good, but she sure did go to great lengths to hide Caylee’s little body. She dealt with that aspect for a few days. She knew what she was doing.
Is the defense going to attempt to explain, via these doctor’s, that Casey is indeed innocent, but her mental capacity to accept the trauma of her daughters death did not allow her to deal with it, hence the cold and callous demeanor?
I bet that’s what they will try to do! Like Casey, Baez will never allow Casey’s guilt to be discussed.
It’s too late now for a mental health defense, though that would have been the clearest choice to defend her, so it will be interesting to learn how in the world the defense will deal with state of mind at this late date.
I really do doubt an attempted explanation of any kind of mental defect would change a jury’s state of mind regarding this crime.
Wouldn’t change mine. Would it yours?
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PostSubject: Does Jose Baez Understand How to Legally Establish a Witness is Hostile?   Sun Mar 27, 2011 6:18 pm

Does Jose Baez Understand How to Legally Establish a Witness is Hostile?



26 Mar

During a court hearing on March 24, 2011, while questioning a police officer who worked with a cadaver locating canine in the search for Caylee Anthony in 2008, Mr. Baez attempted to declare the witness as adverse. Ms. Burdick, the prosecutor, kindly interpreted Mr. Baez’s incorrect terminology to assume he was trying to establish the officer as a hostile witness, an declaration to which she objected.
A verbal exchange between Mr. Baez and the court, who requested Mr. Baez to explain the legal reasoning behind his request, may be heard and seen at the following link.
http://www.wftv.com/video/27307453/index.html
Jose Baez: “I think the requirement would be that this witness may be called by the opposing party and is a witness of the opposing party, he’s on the opposing party’s witness list and should be considered an adverse slash hostile witness.”
The word “witness” appears four times in this short statement. Mr. Baez is sensitive about this officer being a “witness”. Although Mr. Baez is in the middle of a hearing in which the defense is trying to suppress the findings of the canine, a ruling which would result in this “witness” most likely not being called at trial, Mr. Baez states, “this witness may be called by the opposing party”. Mr. Baez is stating he believes this “witness” will testify at trial, indicating Mr. Baez does not believe his bid to suppress will be successful. Mr. Baez is contemplating a future, even as he continues to question the “witness”, in which this officer will deliver testimony devastating to the defense in trial.
The phrase “adverse slash hostile witness” indicates Mr. Baez is unwilling to accept the kindness of the prosecutor who attempted to assist him in his use of flawed legal terminology, much as Mr. Baez refuses the kindness of Bullstopper in regards to advice concerning the proper use of the English language. According to Wikipedia, “A hostile witness is sometimes known as an adverse witness or an unfavorable witness.” So, while it seems it may be acceptable to “sometimes” refer to a hostile witness as an “adverse witness”, it seems clear from Ms. Burdick’s attempt to preclude any confusion, the term “hostile” is more appropriate. An attorney should understand the use and importance of specific words, especially those involved in his profession, as an attorney’s job revolves around the meaning behind each word.
Judge Perry: “Well, you haven’t established anything that shows he’s hostile.”
Again referencing Wikipedia, “A witness called by the opposing party is presumed hostile. A witness called by the direct examiner can be declared hostile by a judge, at the request of the examiner, when the witness’ testimony is openly antagonistic or clearly prejudiced to the opposing party.”
http://en.wikipedia.org/wiki/Hostile_witness
In this instance, Mr. Baez is the direct examiner. Mr. Baez called the witness. Therefore, the witness is not “presumed hostile.” Mr. Baez must show the officer’s testimony is “openly antagonistic or clearly prejudiced”. Instead, Mr. Baez attempted to declare the witness hostile because he appears on the prosecution’s witness list. Mr. Baez may not understand the legal ramifications of the defense calling a witness, no matter whose trial witness list on which they may appear, during a hearing.
Why would Mr. Baez wish to declare the witness hostile?
Again from Wikipedia, “A party examining a hostile witness may question the witness as if in cross-examination, thus permitting the use of leading questions.”
Mr. Baez does not possess the skill as a direct examiner to obtain the answers he wishes to be stated for the court record through the phrasing of his questions. Mr. Baez feels he must lead the witness in order to accomplish his goals.
Jose Baez: “Oooookaaaaay… uhhh… now…”
Mr. Baez’s long, slow “Oooookaaaaay”, as well as his smirk and nervous laugh, indicates he does not understand why the judge is stating Mr. Baez did not establish “anything that shows he’s hostile”. This points to a fundamental lack of knowledge on the part of Mr. Baez concerning the difference between direct and cross-examination.
Judge Perry: “So, objection will be sustained.”
Another loss for the defense due to the inexperience of lead counsel.
Jose Baez: “Can you read the last question back for me, please?”
Mr. Baez is so flustered by his loss, he has lost track of line of questioning, another sign of inexperience and poor planning.
We have learned Mr. Baez may not understand the legal subtleties involved when acting as the direct examiner as opposed to cross-examination, a lack of understanding which may cost Ms. Anthony her life.
We have learned Mr. Baez is terrified of the alerts of the canine to various evidence and locations throughout this investigation and believes they will be extremely damaging to his bid to win the freedom of Ms. Anthony, but does not believe he will be able to suppress the officer’s reports from trial.
We have learned anyone can learn what Mr. Baez doesn’t know from a one-minute trip to Wikipedia.
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PostSubject: Do Any of the Defense Attorneys for Casey Anthony Understand the Purpose of the Various Hearings of a Capital Case or When and Why to File a Motion?   Sun Mar 27, 2011 6:20 pm

Do Any of the Defense Attorneys for Casey Anthony Understand the Purpose of the Various Hearings of a Capital Case or When and Why to File a Motion?



27 Mar

On March 23, 2011, a Frye hearing dealing with a single hair which exhibited a dark band consistent with decomposition and found in the trunk of the Pontiac Sunbird driven and abandoned by the defendant was held to determine the general acceptance of the findings in the scientific community. Defense attorney Dorothy Sims asked a series during cross-examination which significantly veered away from the purpose of the hearing. An exchange between Ms. Sims and the court may be seen and heard at the following link:
https://www.youtube.com/user/S0meRand0mName#p/c/9E897E4FDA84A473/2/-b6JMPNVnFY
Dorothy Sims: “Alright. Your Honor, if I may just briefly respond that this motion isn’t just a Frye hearing, there are other areas that we’re seeking to have this testimony excluded which includes… “
After another sustained prosecution objection in a series of objections to irrelevant questions by the defense, Ms. Sims attempts to persuade the court the purpose of the Frye hearing is also to provide the defense an opportunity to exclude testimony from this witness from “other areas” which are not part of a Frye hearing.
“This motion isn’t just a Frye hearing” – Ms. Sims states “this motion”, a defense motion and one which she is close to, one which she is comfortable with as shown by the use of “this”, is not “just a Frye hearing”. This is a true statement. A “motion” is not a “hearing”, Frye or otherwise. A “motion” is a “motion”. A “motion” is a written pleading by either side in a case. A “hearing” is a structured event which allows both sides to verbally plea their side of the issue to the court and which may or may not include relevant witness testimony.
Within her statement, Ms. Sims reveals two items with which she is not comfortable and verbally distances herself from with the use of the distancing word “that”. She distances herself from the defense motion not being “just a Frye hearing”. Although, as discussed, a motion is not a hearing and the statement is true, the distancing by Ms. Sims indicates she is aware she is trying to move beyond the scope of a Frye hearing as the underlying assumption the hearing should conform to the motion is flawed. Ms. Sims is also disturbed by the fact “this testimony” will be used in “other areas” during trial.
Judge Perry: “Then you need to file another motion and we’ll hear it, but the purpose of these hearings which I set many, many months ago was to deal with a Frye hearing. And I don’t know how many times I can say that. These are Frye hearings.”
The judge again offers legal advice to the defense, just as he has on many occasions in the past. It is apparent from the fact the court must instruct the defense when they need to file a motion, the defense is not aware of this on their own. A lack of understanding about routine court matters such as when and why to file a motion demonstrates a frightening lack of legal knowledge on the part of the defense.
It is also apparent from the string of sustained objections and the court’s statement, “I don’t know how many times I can say that”, the defense does not understand the purpose or scope of a Frye hearing. Such a lack of understanding significantly reduces their chances of a successful bid to suppress the findings of the expert in regards to hair banding indicating the presence of a dead body in the trunk of the car routinely driven by only the defendant during the time frame Caylee Anthony was missing, but unreported as missing to authorities.
We have learned understanding the purpose and need for motions, as well as the purpose and scope of various types of hearings, are not the particular strength of any member of the current defense team for Casey Anthony. Since motions and hearings are extremely significant parts of the overall trial procedure, we cannot be sure exactly why any defendant would choose to use such a team as such a lack of understanding about basic court matters will most likely result in failure to defend the client from the charges.
We have learned we as spectators of the court proceedings are learning exactly as much about the law and legal procedures and at exactly the same speed as the defense team.
We have learned any average blogger may be able to defend Casey Anthony at least as successfully, if not more so, than the defense team led by Jose Baez simply by listening to the instructions and advice offered by the court.
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PostSubject: Casey Anthony Update: Defense Team Not Happy With Judge Belvin Perry   Sun Mar 27, 2011 6:59 pm

Casey Anthony Update: Defense Team Not Happy With Judge Belvin Perry

Posted on March 26th, 2011
by Jan Barrett in All News, crime
Read 1,527 times.

Now does this really surprise anyone? It certainly doesn’t surprise me. Judge Belvin Perry, a much respected Judge too I might add, responded to a new motion filed from the Defense team that supposed to be defended their client, Casey Anthony.
Casey Anthony is the mother from Orlando that is being accused of killing her then two year old daughter, Caylee Marie Anthony in June, 2008. Her remains were found stuffed inside a laundry bag and then inside a garbage bag and then thrown in the woods like she was just a bag of trash.
The new motion was filed by Cheney Mason. He claims that there are factual errors between testimony presented at hearing and the order denying motion to suppress statements made to law enforcement officers. You can read the defense’s new motion here.
It also was accusing the courts of not looking at the evidence from the hearing objectively and instead displaying a clear bias in explaining enforcement conduct.
I agree with what WFTV’s legal analyst Bill Shaefer:

The defense doesn’t get a ruling they like, what do they do? They attack the judge.
Legal Analyst for WKMG-Channel 6, Mark O’Mara talked about the defense accusing Judge Perry of being biased:

If they truly believe he is biased, they should file the motion to recuse.
O’Mara says if they think he is biased but don’t have good facts to back it, they should not say it is. It would be improper.In his response to the motion filed by Cheney, Judge Perry has denied it. You can read the order denying the motion for the rehearing here. It says: It is hereby ORDERED AND ADJUDGED that Defendant’s Motion for Rehearing is DENIED. No other motions for rehearing shall be considered.
There was a second new motion filed to for the court to reconsider the decision to let a plant expert testify. That expert says that root growth can help determine how long Caylee’s remains had actually been in the woods where she was found. This motion has also been rejected by Judge Perry.

What exactly is the defense team up to? Are they doing this to delay the trial? Or are they just crying because they didn’t get their way? It sounds to me like they are spoiled brats throwing temper tantrums because they aren’t getting their way. Are they trying to make Judge Perry so frustrated that he will step down from the case? If they are, I don’t see this happening. Judge Perry has a lot of tolerance and he is no fool. He can see right through what this defense team is trying to do.
Seems to me like ever since Baez brought, who he thought to be high and mighty powerful Cheney Mason on-board, things have really started going downhill for them. I wonder if he regrets that decision. It is going to be an interesting trial though. Baez and his wannabe dream team have their hands full. Defending a client that everyone is sure of that is guilty is a tough one, especially since all the evidence they have points directly to her and her alone.
In another matter involving the Anthony’s, rumor has it that HLN has some sort of special deal going with George and Cindy Anthony. Of course a HLN spokeswoman is denying this saying there has been no secret negotiations with the Anthony’s. Although it is only a rumor, could it be true? It has to make one wonder. I am sure enquiring minds would like to know.
The jury selection in the Anthony case is scheduled to begin on May 9, 2011. Will it go as scheduled or will they continue trying their tricks to delay the whole thing even longer? I guess we shall see in a little more than a month.
In the meantime they are due back in court for more pre-trial hearings at 8:30 Friday morning and possibly Saturday,
They need to remember who this is supposed to be about though. It is about little Caylee Marie Anthony. She was the victim here, not her mother and not her grandparents. She is the one that the prosecution is fighting so hard to get justice for. She deserves it too. I pray that justice will be served properly at the end of this trial.
We will be discussing this subject and also the Frye Hearings on our Sunday program March 27, 2011. The listen live link is here.
Jan Barrett
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PostSubject: Casey Anthony: Experts on both sides will put science on trial   Mon Mar 28, 2011 8:23 am

Casey Anthony: Experts on both sides will put science on trial




Deputies Jason Forgey and Kris Brewer and a cadaver dog look for clues in the Casey Anthony case in 2008. (Ricardo Ramirez Buxeda/Orlando Sentinel / March 27, 2011)


By Anthony Colarossi, Orlando Sentinel

10:40 p.m. EDT, March 27, 2011


Much of the Casey Anthony trial storyline draws upon two distinct elements: emotion and science.

People react to the drama of the defendant's mother, Cindy Anthony, describing the smell of death in her daughter's Pontiac. But it is the cold, objective science utilized in this case that is more likely to convict or clear Casey Anthony.

Highly trained and well-respected experts on both sides will testifyto help piece together — and rip apart — the circumstantial case.

Some of their methods are so novel, they've never been used in U.S. courts before. Chief Judge Belvin Perry is still deciding what scientific evidence will be allowed at the trial, which starts with jury selection on May 9. Some of the testimony will be heard by Perry when court proceedings resume this week.

Here is an overview of some experts and key pieces of science in dispute in this case:



Cadaver dogs: Decomposition in car trunk?

FOR THE PROSECUTION: Orange Deputy Jason Forgey testified that his specially trained dog Gerus sensed the odor of human decomposition in the trunk of Casey Anthony's car. Gerus and another cadaver dog also "alerted" on locations in a play area in the Anthony family's backyard.

FOR THE DEFENSE: Defense expert Dr. Scott Fairgrieve, a Canadian-based forensic anthropologist who has not trained these dogs but has observed them, says the canines are not scientific instruments and insists "there is error involved with the scenting ability of a dog." Fairgrieve suggests dogs can alert to decomposing blood from a cut or wound — and signals might be misinterpreted by a handler.

Plant-root growth: How long were remains at site?

FOR THE PROSECUTION: The prosecution wants to use forensic botanist Dr. David Hall, who wrote a report giving an estimate of how long 2-year-old Caylee Marie's remains likely stayed in the heavily wooded spot where they were found in December 2008. Some plant root growth at the scene and on the child's bones indicate the body had been at the recovery site four months or longer, according to the Hall report.

FOR THE DEFENSE: The defense, meanwhile, has its own forensic botanist, Dr. Jane Bock, who said some of the scene's plant growth suggests a period of one or two weeks — not several months. If the defense can create doubt or confusion about when the child's remains were placed at the site, it can also argue that Casey Anthony couldn't be responsible for that particular act.

Air samples and chloroform: Evidence or junk science?

FOR THE PROSECUTION: Prosecutors want Dr. Arpad Vass, senior research scientist at Oak Ridge National Laboratory to testify about novel scientific work focusing on odor and air samples originating from the trunk of Casey Anthony's car.

This emerging science has never been used in a courtroom. Vass has identified chemical compounds collected for this case, which he says are consistent with human decomposition. Last week Vass testified about those findings and also said he discovered extremely high chloroform levels from a carpet sample pulled from the trunk.

FOR THE DEFENSE: Dr. Kenneth Furton, one of two forensic chemists used by the defense, directly disputes Vass, sayingthere are no"scientifically validated methods capable of identifying the presence of human remains based on presence or absence of specific chemicals. The science has not matured to the level."

He also said this science should not be permitted in court. "In some cases, novel methods turn out to be unreliable," Furton said.

Autopsies: What to make of duct tape?

FOR THE PROSECUTION: Orange-Osceola Chief Medical Examiner Jan Garavaglia identified Caylee's death as a homicide or "death at the hands of another" following her autopsy but listed the cause of death as "undetermined" and found no evidence of trauma.

Her homicide conclusion is based on the fact that the child's death — and the circumstances leading to it — were never reported to authorities. Garavaglia said during her deposition that the remains were "dumped in a field to rot with duct tape in the vicinity of the lower mandible."

FOR THE DEFENSE: Defense expert and noted forensic pathologist Werner Spitz challenges, in particular, Garavaglia's conclusion that duct tape was placed on the body before decomposition, keeping the mandible in place.

Spitz, who conducted a second autopsy on the remains, called Garavaglia's statement "flawed" in part because "the duct tape yielded no DNA from the deceased." Spitz said he could not conclude Caylee's death was a homicide based on his findings, saying "there is no scientific information available that the death was at the hands of another."

acolarossi@tribune.com or 407-420-5447
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PostSubject: Is George the doubt the defense needs?   Mon Mar 28, 2011 8:48 am

is george the doubt the defense needs?


This started out to be a post about “what if.” What if the Defense used George Anthony to establish reasonable doubt? Is it: 1) a possibility, and 2) could it work?
I know many of us have wracked our brains trying to come up with what defense attorney Jose Baez could possibly concoct establish as reasonable doubt in the State v. Anthony trial. It is true that every avenue we’ve seen the defense go down to establish reasonable doubt, leads no where… I do think George is all the defense has right now. He could be the lead player in their desperate game plan to establish doubt.
This may be why George has stayed away from the trial over these past few months (except when he had to testify). He knows what’s coming for him.
I don’t want to say that using George is a great defense – using one’s own Father to establish doubt, is horrific, and completely desperate. But, if desperation breeds necessity, using George, if played right, could work for the defense. Though, I doubt it will be strong enough to allow Casey to walk. I believe there’s a possibility of using George to mitigate the consideration of a harsh sentence for Casey – when it comes time for the jury to decide.
I can’t post the “how”
When I finished writing this original post, I trashed it – couldn’t post it. God forbid it would spark an idea in someone’s head and they happen to be on the defense.
George will be used by the defense. However, I doubt this defense team will be strong enough to pull it off, I have no doubt they will try.
Still, there are plenty of hurdles for Casey to climb before a juror could begin to consider the doubt as reasonable, but then again….

  • Casey’s knowledge of the black garbage bag and baby blanket found at the grave site on December 11th. Only the killer would know this. The hurdle will be ensuring Robyn Adams is a reliable witness. If she is, this is damning evidence against Casey.
  • The 31 day flight. Casey’s disappearance may be attributed to fear and anxiety.
  • Her inability to show she cares about Caylee. This could be where the defense uses evidence of “state of mind’ as cause.
  • Her reliance on Zanny the Nanny as a suspect. She could be covering up for her father.
  • The use of Juliette Lewis, who does not exist, and Jeff Hopkins as outcry witnesses. Covering for George?
  • The consistent lies about everything under the sun. Covering up for George?
  • Her car and all the evidence in it. This doesn’t necessarily mean she put the child in the trunk.

The bottom line is this: there is no physical evidence to link George to the scene, (unless the duct-tape will), but circumstantial evidence could link him.
What is it that links Casey Anthony to the crime scene? Her knowledge of what was there on December 11th, is one thing very powerful, we know. What else? Will the FBI be able to come up with something that directly links Casey to the scene?
There is no doubt in my mind that Casey is solely responsible for the murder of the little angel, Caylee Marie. Will the jurors have enough evidence to place Casey at the crime scene? Will the jurors believe George is capable of harming anyone after they are told about his suicide attempt, his anger issues?
I hope that I am totally, completely, unquestionably off base in every way.
I pray so.
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PostSubject: Casey Anthony: Private eye hired by defense faces questioning   Mon Mar 28, 2011 8:57 am

Casey Anthony: Private eye hired by defense faces questioning


Private investigator Dominic Casey searches for Caylee Anthony in the same area where her body was found months later, in December 2008.
By Jacqueline Fell, Reporter
Last Updated: Monday, March 28, 2011 8:13 AM 2Share


The Case Against Casey






ORLANDO --
As the Casey Anthony trial inches closer, a series of depositions is scheduled Monday at the Florida state Attorney's Office.
Among those scheduled to be deposed: Private investigator Dominic Casey, who worked for the Anthony family, and at one point Casey's defense team.
The private eye was seen on video searching the same location where Casey Anthony's 2-year-old daughter, Caylee's remains were eventually found in December 2008.
Dominic Casey was talking on the phone while searching the area, but who was on the other end of the phone conversation remains a mystery.
Various reports have named a psychic, Lee Anthony and Dominic Casey's daughter as possibilities.
Dominic Casey's deposition is scheduled to begin at 2 p.m. Monday.
Before the weekend, a local attorney signed onto the case late Friday to represent the private investigator.
Later this week


We may learn about a highly irregular move by the judge -- court on a Saturday. It could happen this week.

**CFNews13
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PostSubject: Casey Anthony Drama Approaches Final Act   Mon Mar 28, 2011 9:54 am

Monday, March 28, 2011


Casey Anthony Drama Approaches Final Act



By Diane Fanning


As we get closer and closer to the trial of Casey Anthony for the murder of her toddler daughter Caylee, it is looking more likely that the end will be anticlimatic. Instead of terminating in one explosive scene after another on a tense courtroom stage, it appears as if it will end with an abrupt drop of the curtain as Casey whispers "guilty." A last minute plea bargain seems nearly inevitable.


I know a lot of people will disagree with me saying that Casey is too narcissistic to accept any level of responsibility for her actions, and her lead attorney Jose Baez is too arrogant and media-hungry to let this one go. Those arguments have merit. But many stubborn clients have succumbed when they truly accept the real possibility that the curtain call will be a lethal injection.


You see the signs of willingness to deal on both sides. Baez is acting reckless with the judge--burning bridges through neglect and frontal assault. He's missed the judge's deadlines even after being cited for the same offense. Then last week, he topped it all with a motion for a rehearing. He wrote that Judge Perry had inaccurate facts and was biased. He didn't ask the judge to recuse himself. He simply threw a gauntlet.


The defense did have a point--albeit a small one. The judge did incorrectly describe the room where Casey had her initial lengthy discussion with law enforcement but everyone understood his meaning. Did Baez and costar Cheney Mason really think the judge would give them a do-over by allowing a rehearing? If they did, they were wrong. He denied that request, like so many others.



The victim: Caylee Anthony
The defense is also sounding desperate. Baez's voice even quavered during arguments about evidence last week. He's acting like a man who knows that if he can't get the evidence thrown out, he doesn't have a chance at trial. I'm surprised he hasn't filed a motion denying the existence of Caylee Anthony.


Before this week is out, they'll all be back in the courtroom where Baez and Mason will argue about the inclusion at trial of the stain in the car trunk, all references to the smell of the car and dismissal of any mentions of the heart sticker placed on the duct tape fastened over little Caylee's mouth.


Judge Perry may give him one or two wins in his mountains of motions but not enough to weaken the state's case appreciably. Baez is not the country's most brilliant legal mind but even he can understand how dire things look for his client.


On the other side of the aisle, the prosecutors are feeling the pressure of budgetary concerns and the ruling that there has been sufficient pre-trial publicity to warrant not selecting jurors from Orlando or Orange County. Rather than make a change of venue, Judge Perry decided to import a jury from elsewhere.


When Ninth Judicial Circuit Court spokesman Karen Levey estimated the cost of supporting that sequestered jury for eight weeks would be $360,000, an outcry arose. Lydia Gardner, the clerk of circuit courts in Orange County said that without more funding from the state senate, the court could not afford a trial for Casey Anthony. Florida, like just about every other state in the Union, is seeking to cut expenses, not to find places to dole out taxpayer dollars.



To me, it seems the stage is set for a plea bargain. And it could come at the very last moment. I sat in the courtroom on the first day of jury selection for the Richard McFarland trial and it happened right before my eyes. I found it hard to believe that an agreement was not reached before that moment in time.


Will the players in the Casey Anthony drama all gather on the stage before a packed courtroom audience and the eager cameras of In Session for a performance that will never begin? Or will the show go on?
May 9 is less than six weeks away.
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PostSubject: So Now You Know!   Mon Mar 28, 2011 3:28 pm

So Now You Know!


Posted on March 26, 2011 by mainstreamfair


Have you ever wondered what Casey scribbles in the courtroom?
Who do you think has been dictating the motions lately?
Here ya go….
Mr Mason: “What did you just scribble, my dear?”
Casey: “When the deputies came to our house, they did not separate us right away, the liars.”
Mr Mason: “Make a note of that and put it in a folder.”
Casey: ” You are much smarter than Jose. You are way better looking too. I like white beards.”
Mr Mason: “Thank you, dear Casey. I kind of like my looks too.”
Casey: “They are saying my office was that damn conference room. My office was much bigger with swag curtains and a real nice couch. It even had a mini golf shooting range.”
Mr Mason: “Make a note of them saying your office was the conference room and put it in the folder.”
Casey: “Yes sir, I will do that right now. Do you like to play golf, Cheney?”
Mr Mason: ” I golfed with Arnold Palmer and Snead. Yes, I have gotten many eagles. Ha ha ha , a hole in one with my favorite iron. “
Casey: “Ohhhh, honest, a hole in one. What a guy you are.”
Mr Mason: “I think the judge appears to give that jerk, Ashton, more leeway in this courtroom.”
Casey: “It looks like he wears that same gray suit every time he comes here. Now your gray suit looks really cool. I guess the man under the suit makes all the difference.”
Mr Mason: “Cool, I like that. Maybe you can teach me some young phrases sometime. Ha ha ha, cool.”
Casey: “There goes another lie. My &^% mother called the police. I did not summon them to my damn house.”
Mr Mason: ” Now now dear, go easy with that kind of language. Red Huber may be able to lip read if he gets a close-up shot.”
Casey: “Sorry, do you want me to write down about my stupid mother calling the cops and it wasn’t me.”
Mr Mason: ” Oh yes, oh yes, write it down and put it in the folder.”
Casey: ” Will I really be walking out of that jail on your arm, Cheney?”
Mr Mason: “If I said it, believe it. I know what I am doing young lady. Now give me a big smile.”
Casey: “I do not like this judge. He gives me strange looks and stares at me too much. “
Mr Mason: “If I have my way, you wont have to look at his kisser much longer.”
Casey: “You are beginning to sound like my hero. I will keep writing things down, now let me see…”
Mr Mason: “I will take the folder home with me tonight and write up a motion that will knock Perry’s socks off. Just you wait and see. Now, Casey, write write write write.”
Casey: “Right.”
So now you know!
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