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December 29, 2010

11

a phantom heart

by Andrea O'Connell

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.

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11 Comments Post a comment
  1. Sherry
    Dec 29 2010

    Oh, this ticker residue” ? LOL

    I highly doubt that the State would even bring it up since there is no evidence. Besides, they really don’t need it.

    Reply
    • Sherry
      Dec 29 2010

      That should say~ this “heart sticker residue”…I don’t know how that got messed up! 😯

      Reply
    • Dec 29 2010

      That’s true too, Sherry. They don’t really need it, in the big scheme of things, though it is damning. I couldn’t get the “ticker residue” link to work…
      Hope you had a lovely holiday, and hope your not up to your eyeballs in snow! My two nieces came to visit me, one from Chicago and one from NYC, and they were sure glad to be out in the sunshine of South Florida… you have had your full of cold weather, they say. Stay warm! 🙂

      Reply
  2. Venice
    Dec 29 2010

    It’s a comfort to know Caylee has such a proficient, seasoned Prosecutor fighting for her justice. Reading between Ashton’s motions and Baez’s motions is like black and white. You are a sweet soul Andrea, and thank’s for being you!

    Reply
    • Dec 29 2010

      Hey Venice… What a nice thing to say! Thank you so much. 🙂 By the way, i love your new picture…. it’s gorgeous!

      I think it’s pretty telling to look at the motions from Baez and the ones from Ashton side by side. Seeing the difference speaks volumes about competence.

      I’m off to help a friend… she’s was in Key West recently, fainted, fell on her face, broke her nose, opened her forehead, and can’t really walk without help. I haven’t seen her yet… heading over their now to sit with her for a while.

      See you all later in the day.

      Reply
  3. offthecuff
    Dec 29 2010

    Residue or not, didn’t they find a real, non-phantom heart sticker?

    I’m sure Baez would like to propose many more motions to exclude evidence such as any and all duct tape, coffin flies, Caylee’s remains, and winnie-the-pooh blanket.

    Reply
    • Dec 30 2010

      Yes, they sure did! I agree – he’d like to throw the lot of it away, but he can’t throw the circumstances away, and that’s what is going to clinch it for Casey in the end.

      Reply
  4. Diana
    Dec 29 2010

    I hope Jeff Ashton fights to keep this in. It should be up to the jury to decide if they believe the FBI lab techs. or not when they tell exactly what happened to the residue and what they saw.

    Reply
    • Dec 30 2010

      yes, that’s true Diane. And just because something is not visible now, doesn’t mean it never existed. Baez is approaching this as if it never existed at all while we know that’s not the case.

      Reply
  5. Dec 30 2010

    andrea, i realize the OCSO is not as elite as the FBI, but they did have the foresight to photograph the residue of the sticker. so, does Baeeeeaz think that Judge Perry will take bozo’s phantom theory over OCSO’s photo?!? pleeeeeaz!

    Reply
    • Dec 30 2010

      I know Midget! That’s true… and what gets me is Baez is just dismissing its existence altogether! But, the people who saw it know it was there once. Just like death, it takes a life away, but it doesn’t take away that person’s history on earth. The person once existed and we cannot see the person now but for pictures and memories. Maybe that’s too broad an analogy, but that’s how I feel about this argument. Just because it’s gone now, doesn’t mean it never existed.

      Reply

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