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December 27, 2010

16

sex, lies, and table knives

by Andrea O'Connell

An ocean of motions (six in all), by the defense team in the case against Casey Anthony, were recently entered into public record and will be heard in Judge Belvin Perry’s Orlando courtroom, on January 3, 2011.

The six motions detailed by the defense are an attempt to block the direct tackle the defense will take should the testimony surrounding these motions be heard by a jury.  One cannot blame the defense for wanting to block these items as they are highly damaging to their case.

The six motions are itemized below and include a link to a copy of the motion:

Motion 1: This motion requests that any details regarding Casey Anthony’s sexual encounters with Tony Lazzaro  be stricken.

Motion 2: This motion asks to exclude Casey Anthony’s sexual encounters with Anthony Rosciano, claiming they are prejudicial and should be stricken.  This motion also claims that Yuri Mellich improperly questioned this witness.

Motion 3: The table knife found in the car Casey Anthony was driving, the defense claims, would be prejudicial if brought into evidence since it has no bearing on the charges in this case – was not a murder weapon, so to speak.

Motion 4: Lying or Stealing.  The defense names George Anthony and other extended family members and requests that any mention of lying or stealing be stricken.

Motion 5: The defense wants all mention of the map that Casey was about to point to (at the request of her father) be stricken due to relevance.

Motion 6: The testimony of Brian Burner and any discussion of the shovel that Casey borrowed, the defense wants stricken.

Granted, it is a hefty task to go through and read all these motions.  So I’ll save you the trouble and attempt to break them all down for you.  Plus, I will provide my own lay-person opinion on why I believe most of these motions by the defense will be denied.

MOTION ONE

In this motion, the defense attacks Corporal Eric Edward’s questioning of Anthony (Tony) Lazzaro’s sexual encounters with Casey Anthony.   The defense calls the line of questioning by Edwards: “scandalous and incompetent” and wants it stricken. The motion states that the sexual relationship between Casey Anthony and Tony Lazzarro is “utterly irrelevant to the case at hand.”  Secondly, the defense argues that “any probative value is substantially outweighed by its potential prejudicial effect on the jury.”

Translation: This testimony, says the defense, does little to prove Casey Anthony killed her daughter, and such testimony could be a character assassination of Casey Anthony.

That is the defense’s argument.  However, the relationship with Tony Lazzaro, sexual or otherwise, is relevant to the case as far as what Casey Anthony was doing during the 31 days her daughter was “missing.”  

MOTION TWO

Like motion one, this motion seeks to exclude any information of a sexual nature of Anthony Rosciano’s relationship with Casey Anthony. The defense calls the questioning of the witness, Anthony Rosciano, by Detective Yuri Mellich and Sargent John Allen, “scandalous and incompetent and should not be allowed in any aspect of this case.”

Here I believe the defense may have a valid claim as the sexual relationship between Casey Anthony and Rosciano does not necessarily have any probative value as to the main charges.  However, there are text messages between Rosciano and Casey that may have relevance.  The text messages or emails may show how Casey Anthony handled Caylee’s care while she was dating.  I seem to recall that the discussion with Rosciano as to what Casey would do with Caylee (while she is with Rosciano), could be indicative of a mother who had no regard of the welfare of her child.

MOTION THREE

I find it very interesting that the defense should ask to have the table knife found in Casey Anthony’s car excluded.  Is there more evidence than we know about this knife?  The defense notes in the motion that forensic testing found no link between the duct tape and the knife, and no DNA found on the knife.  Apparently the State has not found a connection between the knife and the duct tape.  The State released photos of the table knife and duct tape. See photos of knife / tape. Could the State still be testing this item?

To be honest, the request to exclude this item from the evidence in the case has me baffled.  I would not be surprised if the State agrees and leaves the table knife out of evidence.

MOTION FOUR

In this motion, the defense specifically names George Anthony and requests that any mention of lying or stealing be stricken.  However, there are too many instances of lying and stealing during the 31 days that Caylee was “missing” and the defense is only asking that George Anthony and “other family members” discussions of lying and stealing be stricken.

This is a very vague motion that lacks specifics.  There are an ocean of lies told by Casey Anthony, and revealed by her friends, family, and acquaintances.  This motion, to be relevant, would need to be more specific, in my humble opinion.  Therefore, the motion itself is a non-motion.

MOTION FIVE

This motion is asking that any references to Casey Anthony nearly pointing on a map to indicate where she dumped Caylee, be stricken.  You may recall that Texas EquuSearch president and founder, Tim Miller, was present when George Anthony nearly got Casey to indicate on a map where the body could be found but Cindy Anthony forcibly intervened and stopped the discussion.  How the defense is characterizing this incident boils down to the following statement in the defense motion:

Based on Discovery Materials provided by the State, it is alleged that the Defendant was being questioned at home about Caylee and presented with a map.  She was asked to mark where body would be found.  She did not respond.

I tend to think that the State will have to have a good reason for bringing this testimony in.  It could be unnecessarily prejudicial since there is no indication that Casey would have pointed to the area where Caylee was ultimately found.  Granted, it is supposed that she would have pointed to the area had she not been prevented from doing so by Cindy Anthony.  As such, I believe this scenario could be kept out of the trial, though the state likely has grounds to keep the testimony in.

MOTION SIX

This motion concerns the testimony of Brian Burner, the neighbor on Hope Spring Drive that Casey borrowed a shovel from.  Like the other motions, the defense is arguing that this testimony has no bearing on the manner of the crime in this case and is therefore not relevant.

The defense puts its best foot forward in writing this motion and cites quite a bit of case law to support its argument.

The defense contends that there is no evidence linking the shovel to the crime and any connection made by the State to this effect would be prejudicial. In short, the motion boils down to this claim in the motion:

Similarly, whether or not Ms. Anthony borrowed a shovel from Mr. Burner does not in any way make the charged offenses more or less probable.  There is no evidence that Ms. Anthony used or intended to use the borrowed shovel to facilitate the commission of the charged crimes, nor is there any assertion of such.

I tend to think the shovel will come in.  The State will merely have to prove the fact that Casey Anthony was not living in the home at the time, and her excuse of “digging up a root” was merely a story to cover up the fact that she intended to bury Caylee’s body in the back yard.  This testimony will hinge on whether the cadaver dogs will be used to show that a body was placed in the backyard of the Anthony home.

CONCLUSION

In truth, as I am writing this, I can see that the defense is simply doing their job and testing the admissibility of some of the most damaging evidence and testimony against Casey Anthony.  The fact is, should the defense prevail with these motions, it will not matter to the case in chief.  There is a great deal more evidence against Casey Anthony than is written in these six motions.

The State has a virtual plethora of circumstantial evidence which, taken in whole, is more than damning.

  • No motion can disprove the fact that Caylee Anthony’s own mother never reported her missing.  It was Casey Anthony’s mother, after 31 days, who reported the child missing.
  • No motion can disprove the fact that Casey Anthony showed no alarm or concern about her missing child when she met with Law Enforcement, instead she lied about virtually everything having to do with the child’s whereabouts.
  • No motion can disprove the pictures of Casey Anthony dancing and partying at Fusion while her child is missing.
  • No motion can disprove that Casey Anthony got tattoo-ed with “the good life” blazoned on her back while her child is missing.
  • No motion can disprove that the smell of decomposition was found in Casey Anthony’s car.

Finally, no motion can disprove the fact that Casey Anthony is ultimately the perpetrator of the murder of her own child.

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16 Comments Post a comment
  1. Venice
    Dec 27 2010

    Attacking the FBI. Attacking the Detectives. Attacking Tim Miller and his Organization. Prejudicial this, prejudicial that. Good Lord….if anyone is getting a fair trial, it is Casey Anthony.
    Shame on jbmission for the defamation on Roy Kronk and posting his prior life. We all have a past. I would like to read more about Kronk and Casey’s personal relationship, rather than his past. Show mw their connection. For someone so big on human rights, the hypocrisy is rich indeed!!!!!

    Reply
  2. Dec 27 2010

    Yes, I think Casey Anthony will get a very fair trial by a jury who knows nothing about the case despite the defense’s proclivity to toot their horn in the media at every turn.

    With regards to Roy Kronk, he’s not on trial, Casey is. His past has no bearing on anything with regards to his determination to get someone to care about what he found in those woods.
    If you recall, a member of the OCSO was fired for not pursuing the area where Kronk was indicating he found something. This officer made Kronk feel like an idiot for dragging the police out to that area, hence, Kronk felt like a fool, and went away with his tail between his legs. But, the fact that Kronk really believed that he saw something important, and no one was investigating the area, he went back a third time, on Dec. 11th, I believe, to see if what he originally saw was still present. It was. The rest is history.

    Reply
  3. Venice
    Dec 27 2010

    Common sense and logic. Common sense and logic.

    Reply
  4. Venice
    Dec 27 2010

    Roy Kronk needs the Innocence Project!!!!!!

    Reply
    • Dec 27 2010

      He sure does! I feel badly for him, I really do.

      Reply
  5. Sherry
    Dec 27 2010

    On Motion 2-in the text messages between the Rusciono and Casey were sexual overtones. If the defense gets this thrown out then it would eliminate one more piece of character evidence against Casey (wanting to be with him more than her child-sex meant more than child).

    Great write-up! Your explanations are the “dramamine” we need for all these Motions! 0O

    Reply
    • Dec 27 2010

      Hey Sherry! Thanks so much for your comments! Glad I could share my Dramamine with you, too.. And, oh yes, I seem to recall that there were some damning IM’s or text messages with regards to her trysts with Rucsiano….I need to go back over those transcripts. I wanted to mention, too, that even though the defense castigated the OCSO for its suggestive way they went about getting the information about their sexual encounters, it doesn’t mean a hill of beans because LE can do or say whatever it wants during an investigation and when questioning witnesses. Baez cites Casey Anthony’s privacy – uhm, I would say that Casey Anthony lost all right to privacy now that she’s a convicted felon, and is awaiting trial on murder. I know that Casey Anthony is innocent until proven guilty, but I don’t think that privacy is relevant.

      Reply
  6. Dec 27 2010

    Great job *Andrea!

    The conclusion is spot on.
    But, I think the map pointing should definately be let in. This will show the great lengths this family(Cindy) went to, to hide her daughters guilt and to steer the investigation away from Caylee ever being found.

    I don’t think Casey would have pointed it out anyway, because she wasn’t finished trying out all of her BS stories yet, and she takes everything to the limit (George said that)even to the point of acting and sounding ridiculous.

    Such a great post………..I’m reading it again. 🙂 Thanks *Andrea

    Reply
    • Dec 27 2010

      Hey there, Diana. Thanks so much for your comments! I agree that the map pointing should be in. It is possible that it could be let in during Cindy Anthony’s testimony – if the door is opened for the State to bring it up, since it was her actions that prevented Casey from reacting.
      And, you probably are right that Casey was spending a lot of time thinking about all her stories and coming up with new ones. Chances are she would have pointed to a completely different place on the map to throw everyone off. She was not about to reveal where Caylee was I’ll bet. But, who’s to know…. ya know?!

      Reply
  7. Venice
    Dec 27 2010

    Andrea,
    Chelsea King, (the girl murdered by John Gardner here in San Diego, CA), had the searchers and dogs walk over the EXACT SPOT she was shallowly buried FOUR TIMES! Finally, a searcher found her who had searched there relentlessly. Wow…the communities of San Diego County aren’t turning on their LE or questioning their ethics! Humans make mistakes. Period.

    Reply
    • Dec 27 2010

      Hey Venice… Excellent example!! It’s so true that we are only human, in the end, and we make mistakes that anyone can criticize until they’re blue in the face. The fact is, in the case of Chelsea King, and in the discovery of Caylee Anthony, the location of the body was right under everyone’s nose, and in the case of Caylee, it was a series of missteps that were tragic. As for Officer Cain, he was terribly rude and dismissive of anything that Kronk had to say. Had Officer Cain taken the time to really investigate the situation, we may have a different case. But, such is life…

      Reply
  8. Venice
    Dec 27 2010

    oh, and guess what??? The repeated searcher who eventually found her didn’t kill her. Stay strong Mr. Kronk.

    Reply
  9. Linda
    Dec 28 2010

    Hi Andrea, love reading your post.. And I want to give a shout out to Venice you must be my sista from another life for you think just like me. JB blog attracts a lot of nuts who have no common sense. I think all the lying and stealing should and will be brought in because it shows who Casey really is…..She didn’t care one bit about draining her mothers accounts….knowing her mother was struggling..She didn’t bat an eyelash about stealing from both her grandparents…..or spending her One an only friends last dime..All of this proves that Casey only cares about herself…….and lacks the ability to care about anyone else……. I also think Georges testimony will hurt the defense, because he told LE Casey would always take her lies to the EXTEME……….. Between Cindys my space message My Caylee is Missing and her first two 911 calls where she wants Casey arrested for stealing money and the car and Georges statements to LE about her lying…….will paint a good picture of Casey for the jury because who would know her better than her own parents…….God I feel winded now…….thanks

    Reply
    • Dec 28 2010

      Hey Linda! Love your comments! You did a great job of listing the lying and stealing …. I agree, it needs to come in. Especially the $350.00 she stole from her poor grandfather. That was so sick!
      And, I think GA will end up really hurting the case against Casey, too. That’s really tragic, on its face. There’s just no way the lying or stealing will be disallowed.

      Reply
    • Venice
      Dec 28 2010

      Hi Linda! Great response! I am so glad the logic is portrayed here, as jbmission is something way beyond the realm of reality.

      Reply
  10. Linda
    Dec 28 2010

    I meant to say she took her lies to the EXTREME…….

    Reply

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