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April 26, 2011

31

how sweet it is!

by Andrea O'Connell

Will the defense team, in the State v. Casey Anthony case, wave the white flag of surrender now?

I cannot resist a little giddiness at the rulings today by Judge Belvin Perry!  After suffering through the horrible propaganda of the 48 Hours Mystery Show, the upcoming In Session hyperbole, and the pompous swagger of Mr. Jose Baez and Mr. Cheney Mason as they boast and posture about nothing these past few weeks, it is poetic justice to see how truth and justice will prevail and drive the defense back into their own conniving corners.

As you have likely heard by now, Judge Perry has ruled on three of the Frye issues before the court; and all were decided in favor of the State of Florida.

As Jackie Gleason would say, “HOW SWEET IT IS!

Let’s look at the rulings each by each!

The Cadaver Dogs – Evidence is Coming In! 

Read the ruling: Cadaver Dogs.   In his ruling on the use of the two cadaver dogs, Judge Perry informs us that these animals are reliable in many situations and the defense did not meet its burden to argue against the admissibility of the canines.  The defense argued that since the dogs could “alert” on any element of a human body – tissue or hair or blood, etc. – it cannot assume that a “body” was present.  The Judge felt that the case law supported his decision. And not only that, because there were two dogs (at the Anthony home) alerting to the same spots in the yard, it supports the reliability of the dogs.

The “Phantom” Heart Sticker – It’s coming In, too!

Read the ruling: Phantom Heart Sticker.   The defense argued that since the outline of the heart sticker can no longer be seen, it cannot be used against a defendant.  Judge Perry says, not so fast as the jury is the trier of fact, and they should be allowed to hear the testimony of Elizabeth Fontaine, the fingerprint examiner, who will testify to the residue in the shape of a heart, that she observed.  The Judge explains it this way:

The defense has presented nothing to establish that the state either intentionally or negligently lost or disposed of evidence or that evidence was unavoidably consumed.  Ms. Fontaine’s testimony would consist of a description of something she observed while she was examining the duct tape for latent fingerprints.  It can be analogized to the testimony of any other eyewitness who is asked to describe an item that is not in evidence.  For example, a witness in a robbery trial would be allowed to describe a weapon he believed the perpetrator was carrying, even if that weapon was not in evidence, or to testify that the perpetrator’s car was red, even if no photograph of the car was in evidence.

The above paragraph is why I am so fond of Judge Belvin Perry!  It makes perfect sense as he described it.  He so simply tells us that just because something no longer exists before our eyes does not mean it was never there.

The Postmortem Banding  – You Got it!  It’s coming in!

Read the ruling:  Postmortem Banding.  Like the evidence of the stain in the trunk of Casey Anthony’s car, the smell of death in the car, and the “31 days” of partying, this evidence is a show-stopper.  This is a piece of hair with decompositional banding around and through the hair root, that the jury is likely to conclude came off of the head of a deceased little Caylee Anthony.  Who else could have died in that trunk?

The expert witness, Karen Lowe of the FBI, was very credible, in my opinion and is likely to convince jurors that because of the existence of this hair, the existence of a deceased Caylee Anthony in that trunk can then be concluded.  Judge Perry, in his ruling, explains it this way:

Ms. Lowe’s testimony will assist the jury in understanding the testimony about hair found in the trunk of the Defendant’s car, it is based on scientific principle that has gained acceptance in the particular field to which it belongs, and Ms. Lowe is a qualified expert.  The evidence will be admissible at trieal, so long as the state establishes a proper predicate, and the jury will be entitled to determine the credibility of her opinion, which it may accept or reject. Based on the foregoing, this Court finds that post-mortem root banding is admissible under Frye.

We have not yet heard from Judge Perry on the air test with the detection of chloroform that was discovered by Dr. Vass in the air sample he tested. We have not heard about the root growth issue as yet, either.  Perhaps tomorrow we will learn of these two remaining decisions.

What is a Defense Team to do?

How will the defense team overcome this damning and utterly damaging evidence?  They can try to match the State of Florida’s experts one by one, but if the Frye hearings are any indication of expert excellence, I believe the State of Florida has the upper hand, with an upper echelon class of experts.

Where is that white flag?  Where is the defense “evidence” of innocence that was so often bandied about?  Where is Zanny now?

Every trick, every deceit, every ill-advised movement to displace a judge or disqualify a whole prosecution team has come down to nothing for this defense to hold on to.

What’s in their bag of tricks now?  A little jury tainting, perhaps?  Perhaps, like a Henry Houdini,  they will try to impress via smoke and mirrors – jumping from one dramatic claim to another in an effort to surprise and deceive?

"Handcuff" Harry Houdini, circa 1905. Credit: Wikipedia

Of course, the defense is not obligated to even put on a case, as the State has the burden of proof.  Oh, this defense will put on a case, of course.  However, even Henry Houdini, the great magician and escape artist – known for getting himself out of a lot of hot-water situations, could not escape this sinking ship.

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31 Comments Post a comment
  1. Kitt
    Apr 26 2011

    Great write-up, Andrea!
    As I see how the trial would unfold, the Prosecution will have it all laid out, step by step, timeline, what have you. It will be sensible, easy to follow, and leave no gaps. On the other hand, the Defense seems like they will jump around, talking in circles that never really close, taking desperate stabs at anything that moves. Just my opinion, of course.

    Reply
    • Apr 26 2011

      Hey Kitt! Thanks.. :)
      Yes, I agree – the prosecutors will be very deliberate with how they unfold the case! And with Linda Drane Burdick especially, the case will be sensible and easy to follow. And Jeff Ashton will bring it home with regards to the forensics!
      The defense, in contrast, as you say, may appear just as desperate as they are.

      Reply
      • jon
        Apr 27 2011

        Ashton and Burdick will have their act so together that Baez will appear as if he got his law degree from a Sears Roebuck catalog (Geez,,,,,, that’s dating myself!).

    • Apr 26 2011

      We will need to take dramamine listening to the defense!

      Baez has been known to spring up with surprise but it didn’t work when he defended Diaz! Read here.

      To think, a single strand of hair in the pliers on Scott Peterson’s boat which belonged to Lacy helped nail him and it confirmed it was him who had to have dumped her body at his fishing hole.

      A single strand of hair…

      Reply
  2. heitmanyl
    Apr 26 2011

    Those decisions of Judge Perry made my heart sing!

    Reply
    • Apr 26 2011

      Hi heitmanyl… Me too! This is a happy day! :)

      Reply
  3. Whistlersmother
    Apr 26 2011

    Great Post, The Fat Lady is singing….it is over. Now we just have to go thru the semantics to verdict and then hope that the jury will give her the ultimate punishment.

    Reply
    • Apr 26 2011

      Hi Whistlersmother! Yes, justice is coming… that Fat Lady knows her song and is singing away!

      Reply
  4. Apr 26 2011

    Andrea, Fantastic write up. We are soon about to see with our own eyes how a two and a half year old toddler whips a now 25 year old killer’s butt~~ Go Caylee. Thank You HHJP. Thank You Jeff Ashton and Linda Burdick for fighting for Caylee. Inmate felon Casey when she loses at trial will think she still won her ultimate victory since she took Caylee’s life, but she has yet to realize, Caylee has made it where few humans will ever be worthy enough to go, ” Heaven”, a place Casey will never see or enter~~ Caylee again is the ultimate winner~~ Bye Bye, evil Casey~~

    Reply
  5. damagdpets
    Apr 27 2011

    I believe these were tough calls for Perry. The case law he cited and the explanation given made a lot of sense. It will be up to the jury to hear and decide these issues. I really didn’t think the dogs would make it because of the ruling last week by the Supreme Court. Now on to the nuts and bolts: Perry said the defense did not have expert testimony about the dogs, hmm.
    The defense brought in two doctors that might have worked with a dog once. If you google cadaver dog training or handlers there are approx. 50K hits yet Baez goes to Canada and has a chemist testify? So here in lies the biggest problem to date: the state preserved the evidence so that the defense could have it’s own experts test all. Of all the evidence Baez sends out two pieces of clothing for “touch DNA” testing. Make sense yet? There was foreign DNA on the duct tape, did he have that tested? Did he have a lab test the carpet, trunk liner or an air sample that the prosecution had samples of? You can probably guess where I’m going….if you were on trial wouldn’t you want your attorneys to examine and test all evidence by independent labs, if not why not? Something to be afraid of? So know my suspicious mind takes over and I have seen way too many movies. One of the things stand out….1. like the Manson trial someone brings Casey a newspaper and she stands up in court to scream “the media already convicted me.” Something wild like that to create a mistrial or 2. The defense did not test anything, did not bring in the right experts to refute states evidence so Casey has a huge appeal waiting for ineffective counsel of which Baez takes the blame because he was the lead attorney and Mason walks. I must be crazy at this point because I’m worked up and to top that off Linda D Burdick filed a motion today to add those two doctors to the states witness list! Like Houdini (My Idol) who has what up who’s sleave?
    I need a drink because I can see the defense filing a motion for The Bearded Lady, The Mermaid and JO-JO the Dog Faced Boy! WTH is goin on?

    Reply
    • jon
      Apr 27 2011

      the defense did have their own expert – Dr. Henry Lee – but he bailed. Probably because he was astute enough to see that he would be on the losing side of this.

      Reply
  6. Laurali
    Apr 27 2011

    Okay so they have tried the SODDI. Not going to work, none of them had motive. Tried it was not murder. But what mother does not call 911 during an accident and really how many accidents involve duct tape? So in my best guess NEXT they will try self defense! Yep Casey was only defending herself.

    Casey should have let the Nanny and Squirrels defend her, she may be in better shape. Sorry for the snarky comment but really this Defense Team is getting on my nerves. Thank God for JP, he is keeping them in line.

    Reply
  7. Apr 27 2011

    Awe Dido, one of my favorites “white flag” They will do down with the ship and they will not surrender. How sad! Judge Perry ROCKS!!

    Love your ending to this article Andrea! You ROCK too!!!

    Reply
  8. Apr 27 2011

    Perhaps he was taking some of Cindy’s famous words here. Cindy says, concerning the Nanny, Just because I have never seen her, I know there is a God and I have never seen him either. paraphrasing of course. So there must be a nanny. Anyway something like that!!!!
    HEART STICKER IS IN.

    “The above paragraph is why I am so fond of Judge Belvin Perry! It makes perfect sense as he described it. He so simply tells us that just because something no longer exists before our eyes does not mean it was never there.”

    Reply
    • kas
      Apr 27 2011

      Ah yes, The Cindy Anthony School Of Not Particularly Rational Thought: Zanny had a dog. Caylee had spoken of the dog. Ergo, Zanny exist.

      Turns out Caylee hadn’t spoken of the dog, Casey had.

      Reply
  9. Hilde
    Apr 27 2011

    Andrea, no need for the Defense to wave the Surrender Flag because Mr.Baez according to him will explain everything in the first Minute of his Opening Statement when the Trial begins. So You see according to him we have it All wrong after all his Client is innocent! How could we ever forget that. :lol:
    I don’t understand why Baez and Mason is so worried about most of the Evidence against their Client coming in so far, if their Client is so innocent they shouldn’t have a Worry in the World!
    I believe all we have to do is sit back and let the Evidence and facts in this Case speak for Caylee and we can watch how our Legal System work in spite of all the Tricks the Defense is trying to use and has used. The Day Caylee Marie is getting Justice is getting closer and closer by each Day, after All that is All we ever wanted! Her Death need not to be in Vain, we will always remember the Victim Caylee but Casey Anthony will vanish from our Thoughts eventually and she will only be a distant Memory and not a good one at that! JMO

    Reply
  10. CptKD
    Apr 27 2011

    What a fantastic post, Andrea!

    As per usual, you’ve bat this run right out of the park!

    Immediately upon reading the title, I began singing the “How sweet it is, to be loved by you….” song in my head –

    By the end of the post…. I was BELTING it out, as loud as I could…

    Sue thought I’d lost my mind…(Think she thought I was singing it to her, at first….LOL)
    Once I explained all that had transpired through the day, and how you had created the MOST “perfect”, and I mean, the BEST BLOG POST OF THE DAY!!!! She begged me to read her it to her….
    Think you’ve just acquired a new fan/reader…. LMAO!

    YOU ARE GOOD, Woman!

    Anyways, not sure if you’ve heard the latest, but I just read it this morning on Peter Hyatt’s Statement Analysis:

    Apparently, Mr Mark Nejame is going to be assisting in a Legal Analyst capacity during the Anthony trial!
    (find the link below)

    http://seamusoriley.blogspot.com/2011/04/mark-nejame-to-be-local-analyst-for.html

    Reply
    • CptKD
      Apr 27 2011

      Some corrections and additions:

      Not sure what I was thinking here, but obviously, I was WAY AHEAD of myself….”you’ve bat this RUN right out of the park”!
      I know, it sounded ‘COOL’!
      But it sure doesn’t make ANY sense, and obviously WAS an error!
      (Spologies!)

      I apologize for not including a little more info on my response with regards to Mr. Nejame!
      Please allow me to expand for those who may not be able to access the link right now:

      Credit To/Posted by Seamus O Riley at 4/27/2011
      (With thanks)

      “WKMG-Channel 6 has lined up prominent Orlando attorney Mark NeJame as a legal analyst for the Casey Anthony trial.
      “I respect Tony Pipitone a lot. He is an investigative reporter par excellence,” NeJame said. “I think our pairing will help explain what the case is truly about.”

      NeJame starts Monday on WKMG, and the CBS affiliate will offer a weeklong primer on the case in 7 p.m. newscasts next week. Jury selection in Anthony’s case begins May 9. She is charged with first-degree murder in the death of her daughter, Caylee.

      WKMG news director Steve Hyvonen said it was a coup to land NeJame. “He’s one of the most well-known attorneys in Central Florida and he’s nationally recognized,” he said.

      NeJame said he also will be a regular on Nancy Grace’s HLN show during the trial. NeJame is familiar with the case, because he represented George and Cindy Anthony, Casey’s parents, for a while. NeJame also has represented Texas EquuSearch, which searched for Caylee.

      “The loss of this child got to me,” NeJame said. “I’m a father with young children approximately the same age as Caylee. What’s really disturbed me is so much of what’s out there is garbage, and it’s wildly speculative. The Internet has helped fuel speculation. I want to help to get the truth out.”

      NeJame will be a WKMG analyst along with attorney Mark O’Mara. Hyvonen said the attorneys will appear separately and together during newscasts.”

      * So what do you think of that one?
      * Does this mean, that he WILL NOT be being called as a WITNESS?
      * I thought (?) that he represented Texas Eq. – Is this incorrect?

      Wanted to thank you again, for the AWESOME post!!!!!

      Reply
    • Apr 27 2011

      Hey my friend, Thanks so much for the feedback! The local stations are all getting into the lawyerly analysis, aren’t they? That’s good – the more the merrier. Oh, and now you’ve got that song in my head! Well, it’s apropos. :) Have a great day!

      Sent from my iPhone

      Reply
  11. CptKD
    Apr 27 2011

    Oh – I have no doubt,
    that the ‘chitter-chatter’ is going to be
    great, and IMMENSE in many ways…

    Reply
  12. damagdpets
    Apr 27 2011

    The chloroform is admissable….
    http://www.wftv.com/news/27693478/detail.html

    Reply
    • CptKD
      Apr 27 2011

      That TRULY is the best news of the day!

      Reply
  13. CptKD
    Apr 27 2011

    HIP-HIP-HOORAY!

    C H L O R O F O R M
    IS
    the word of the day!

    And so it shall be…. IN!

    Reply
  14. Venice
    Apr 27 2011

    Dr. Vass is the icing on the cake. This case just requires common sense. Plain & simple.

    Reply
    • CptKD
      Apr 27 2011

      More and more,
      It’s becoming a “Done Deal”!!!

      Reply
    • Apr 27 2011

      Hey Venice, CptKD and DamagedPets, and all….

      I just got home and can’t wait to read the ruling! I knew he would allow this in – Dr. Vass was so good, there was no way he was going to disallow this strong evidence for the state!

      This kind of nails the coffin shut on the case, doesn’t it? I wonder how the defense will spin this? This is very bad for the defense…. :) Justice is coming, isn’t it?!!

      Reply
  15. CptKD
    Apr 27 2011

    With regards to Dr. Vass:

    As per HHJP’s Ruling –

    “His testimony will assist the jury in understanding the evidence regarding chloroform allegedly found in the trunk of the Defendant’s car.
    As a forensic anthropologist with a background in biology and forensic science, he IS qualified as an expert to present opinion testimony on the issue.”

    Reply
    • damagdpets
      Apr 27 2011

      And if the defense is true to form…they will bring in a hotdog salesman to refute Dr Vass’s testimony! I swear!!!!

      Reply
      • Apr 27 2011

        LOL! A hotdog salesman! That tickled my funny bone…. :)

  16. Apr 27 2011

    Just popping in before bed to say Hi Andrea! And everyone!

    Yay team Caylee!!!!

    Reply
    • Apr 27 2011

      Hey Kimmie! Thanks for popping by! It’s a great day for Justice for Caylee! Wait until we hear about the remaining rulings….!! I know the air tests and the botany will come in, too!!!!!!!!!

      Reply

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