the rest of the story
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:
- 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.
- Motion to Compel Judicial Administrative Commission to Pay for Transcripts of Oak Ridge National Laboratory Depositions Discussed. Judge will submit the charge to JAC
- 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.
- 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.
- 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.
- 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.
- Motion in Limine – Neighbor and Shovel State will respond within 15 days and the Judge will rule without a hearing.
- Motion in Limine – Table Knife – The State concurred and this item is out of evidence
- Motion in Limine – Character of Stealing and Lying – The State requires 15 days to respond, the Judge will rule without a hearing.
- Motion in Limine – Tattoo – The state will respond within 15 days, offering case law and the Judge will rule without a hearing.
- Motion to Suppress – Jail 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.
- 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.
- Motion in Limine – Jib Jab Cartoon – of course the State agrees it is out; it was released as part of discovery, not to be used in evidence.
- Motion in Limine – Defendant Myspace “Diary of Days” State was given 15 days to respond to the motion, then Judge will rule.
- Motion in Limine – Cindy Anthony Myspace State was given 15 days to respond to the motion, then Judge will rule.
- Motion in Limine – Decomposition Chemical (Frye) All three items (#16,17, & 18) will require a Frye hearing.
- Motion in Limine – Chloroform (Frye) requires a Frye Hearing
- Motion to Exclude – Root Growth (Frye) requires a Frye Hearing
- 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
- Motion to Exclude – Post Mortem Banding – Will require an evidentiary hearing.
- Motion to Exclude – Stain in Trunk of Car – Will require an evidentiary hearing.
- Motion in Limine to Exclude – K-9 Alert – Will require an evidentiary hearing.
- 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.