A new motion filed by the defense team late Tuesday evening in the case against Casey Anthony, is requesting that the “phantom” outline/image of residue on duct tape, in the shape of a heart, not be entered into evidence.
You may recall, that a heart sticker (pictured) was found near Caylee Anthony’s remains. Also found in Casey Anthony’s home, were sheets of heart stickers resembling the sticker found at the crime scene.
In his police report, Yuri Mellich concluded that it appeared that the duct tape over Caylee’s mouth and nose area at one time held a heart sticker.
Unfortunately, after the FBI tested the duct tape, any heart sticker residue that was there, was lost during testing. Furthermore, the FBI failed to photograph the evidence.
A terrible mistake, but one would think enough people saw the duct tape residue in the shape of a heart and could testify to it’s existence. Additionally, the OCSO photographed the residue on the heart sticker.
However, Baez is stating that the evidence is now “phantom” or non-existent and therefore must not come in to evidence at trial:
Law enforcement has been instrumental in manufacturing a story where there clearly was none. ~Jose Baez
The motion, written by Jose Baez, also states:
The alleged existence of this phantom image was only seen for a fleeting moment by two fingerprint examiners who did nothing to preserve it or even photograph it so it could be seen by others.
Baez is stating that the way the heart sticker was characterized in the media had no basis in fact. He further asserts that the public believes there was actual residue of a heart sticker, when in fact there was not.
However, now that the proof of the residue in the form of a heart is no longer visible, does Casey Anthony have a right to argue that it is not evidence against her? It will be up to Judge Perry. A hearing on this matter will be scheduled.