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January 4, 2011

8

the rest of the story

by Andrea O'Connell

After yesterday’s Casey Anthony motion hearing and the slapping of sanctions that Judge Belvin Perry delivered to Jose Baez, the rest of the 22 motions seemed to get lost almost as an afterthought.  If you happened to watch the hearing, you would have seen a serious and tense scolding by the Judge to Jose Baez.  The tension of the courtroom was palpable as the usually loquacious Jose Baez barely spoke – except when spoken to.

Perhaps a cold splash of reality in that courtroom hit Jose Baez where it hurt – right in his pocketbook.  Judge Perry was not kidding when he issued the stark warning: Follow the law or there will be contempt charges next.  The Judge made this fact crystal clear.

However, also discussed at that hearing were a number of motions, including a brand new motion by the defense in which they request that Casey’s interview with the OCSO at Universal Studio’s be thrown out. The defense claims that Casey Anthony was not given her Miranda rights.

A listing of the all the motions discussed yesterday (the rest of the story), are listed here:

  1. Motion to Restrict Telephoto Courtroom Photography and Audio Eavesdropping of Defense – Judge told defense to sit elsewhere in the courtroom so their backs are facing the wall of the courtroom.
  2. Motion to Compel Judicial Administrative Commission to Pay for Transcripts of Oak Ridge National Laboratory Depositions Discussed. Judge will submit the charge to JAC
  3. Request Court Determine Bad Prior Acts of Mr. Kronk based on Motion Papers filed.    Judge advised he will rule on this motion, though the State is requesting it be denied outright since the defense missed the hearing deadline date.  The Judge did say that he will rule based upon Hitchcock vs. State. There was to be a hearing on this matter, and the state is requesting to file a response in lieu of a hearing. In Hitchcock vs. State, the defendant killed his niece, but blamed his brother.  The defendant appealed a number of times, but all appeals failed; he is on death row, in Florida.
  4. Motion in Limine – Sexual Interrogation of Lazzaro The State will not seek explicit sexual detail, but will inquire about the relationship to the extent that it illustrates what Casey Anthony was doing when she claimed to have been searching for her daughter.
  5. Motion in Limine – Sexual Interrogation of Rusciano The State will not seek details but will inquire as to the relationship and its relevance to the credibility of the defendant.
  6. Motion in Limine – Speculation of Defendant Knowledge by Texas EquuSearch The State agreed to this, advised they would not ask a witness to speculate. There is no hearing needed.
  7. Motion in Limine – Neighbor and Shovel State will respond within 15 days and the Judge will rule without a hearing.
  8. Motion in Limine – Table KnifeThe State concurred and this item is out of evidence
  9. Motion in Limine – Character of Stealing and LyingThe State requires 15 days to respond, the Judge will rule without a hearing.
  10. Motion in Limine – TattooThe state will respond within 15 days, offering case law and the Judge will rule without a hearing.
  11. Motion to SuppressJail Interview of Defendant by “Agents” This motion refers to the Anthony’s visits with Casey when they appeared to be asking Casey questions allegedly prompted by LE suggestions. Cheney Mason advised the court this motion will require a hearing.  The State suggests that because this matter was so late in filing, it should be thrown out.  If the Judge does not throw this motion out, the State requires a hearing as well.
  12. Motion in Limine – Jail Video of Announcement A hearing will be scheduled with regards to this video of Casey in the Jail Medical Center on December 11, 2008.
  13. Motion in Limine – Jib Jab Cartoonof course the State agrees it is out; it was released as part of discovery, not to be used in evidence.
  14. Motion in Limine – Defendant Myspace “Diary of Days” State was given 15 days to respond to the motion, then Judge will rule.
  15. Motion in Limine – Cindy Anthony Myspace State was given 15 days to respond to the motion, then Judge will rule.
  16. Motion in Limine – Decomposition Chemical (Frye) All three items (#16,17, & 18) will require a Frye hearing.
  17. Motion in Limine – Chloroform (Frye) requires a Frye Hearing
  18. Motion to Exclude – Root Growth (Frye) requires a Frye Hearing
  19. Motion for Subpoena Duces Tecum RE: Joe Jordan – The defense is requesting photographs in the possession of Joe Jordon. A hearing is scheduled for Wednesday, January 5, 2011
  20. Motion to Exclude – Post Mortem BandingWill require an evidentiary hearing.
  21. Motion to Exclude – Stain in Trunk of Car – Will require an evidentiary hearing.
  22. Motion in Limine to Exclude – K-9 AlertWill require an evidentiary hearing.
  23. Motion to Suppress Statements – This is a new motion that was newly filed on January 3, 2011, well after the deadline. The State is requesting the motion be thrown out, but Judge Perry has intimated that he will hold a hearing on it. It is an open item.  To read this new motion, click: Motion to Suppress Statements.

Today, the state sent to the court a preliminary memorandum related to all the above motions.  Here is a link to that document: State of Florida’s Preliminary Response to Motions Scheduled for Jan. 3, 2011

As mentioned in item number 19, a hearing on this motion is scheduled for Wednesday (tomorrow) at 1:30.

Stay tuned!

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8 Comments Post a comment
  1. Weezie
    Jan 4 2011

    I’m on my way to lay down and get some rest but I just had to tell you how much I admire your intense scrutiny of the case and helping us all to some great reading of the hearings. I will attempt to get at them tomorrow. I did my kitty goes to vet routine today and tried to make some order out of disorder with my decorations that will soon be hidden away for another year. Yes Andrea, that poor lawyer is getting a bite size piece of what to expect come May and the trial. Wouldn’t surprise me if he is going to need some good drugs to calm his nerves. Casey as usual looks in complete bliss and control, just the way she was when she snuffed out her darling baby. I hate her, I honestly do. Talk later. Weezie

    Reply
  2. Jan 4 2011

    Hey Weezie! Oh, I know it’s not fun to put all those Christmas decos away… it’s fun to get them out, but oh putting them away is monotonous!

    I thought that too about Casey – she doesn’t look like someone facing the death penalty… she is in a dream world, with seemingly no sense of what she’s up against. It’s like she’s on drugs, or something. How could she possibly put her faith in Baez is anyone’s guess. I just couldn’t imagine being so unlucky as to have him for a lawyer!

    Hope you have a good nap! I need to eat dinner and do the hula hoop! LOL

    Reply
  3. Sherry
    Jan 4 2011

    Why would LE read Casey her Miranda rights if she was not being arrested? I mean, are those rights read even if only getting information from someone not yet named a person of interest? She wasn’t even a POI at the time of going to Universal (smart move by LE , imo).

    Reply
    • Jan 4 2011

      Well, Sherry – you’re using common sense but to the defense, sense is not so common. I absolutely agree with you… she was not under arrest! They told her she was free to go and they were only closing the door in the conference room for privacy. Casey did not ask for a lawyer anyway; she thought she would snow them, ultimately. They didn’t name her as a POI, certainly, but I tell you what, I am sure they were pretty sure early on, even before the Universal “tour” that Casey was involved, don’t you? They were playing along with her story about Universal though, they wanted her to start digging holes for herself, and boy did she ever!

      Reply
      • Sherry
        Jan 4 2011

        ITA! LE knew she was involved from the very start. I think it was in their game plan to not call her a POI too soon. Baez needs to go back to law school-and not as a teacher! 😡

        Since you explained breifly what the Hitchcock case was, I think I can understand why Judge Perry was making a point that he knew all about that case and so did the defense team. Unless JP was the judge in that case I think he was trying to get it across to them that he is on to the game of tossing another person under the bus as the possible doer of the crime.

      • Jan 5 2011

        Yeah, that’s what I got from reading the Hitchcock vs. State summary. Hitchcock’s appeal was based primarily on the fact that his brother should have been a suspect, but it was problematic because as brothers and both living in the house where the crime occurred, it was problematic to distinguish between which DNA belonged to the suspect… But, apparently it was pretty cut and dry who did the crime and so the brother being blamed just didn’t work. Plus, I think he confessed to the crime originally….Anyway, I am anxious to hear what facet in the case the Judge will refer to.

  4. jon
    Jan 5 2011

    Yeah,i agree. Casey looked like she was in her own fantasy world at this latest hearing. You’d think if Bozo and Cheney have people reading these blogs, they’d know what people think of her and get her to at least act serious when she’s in the court room. She looks/acts like she doesn’t have a care in the world. I hope this truly changes down the road when the jury announces that she’s been found guilty – I hope the bitch goes to pieces right then and there and reflects a little (too late) humanity. Like Weezie, I truly hate this skank.

    Reply
    • Jan 5 2011

      You know, Jon, I am sure they do have people reading the blogs, and I am certain they are consumed with reading them too.

      Yes, Casey Anthony looks detached from reality. I believe she thinks she’s famous (we know she’s infamous) and she’s playing to her audience, as crazy as that sounds. I feel that she poses in the courtroom and attempts to separate herself from the crime. I wish she’d wake up. But, she probably cannot. If she woke up she’d realize the horror she’s done – she’s incapable of going there.

      Reply

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