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10
Feb

judge perry rules!

The Casey Anthony defense suffered losses today when Judge Belvin Perry released rulings on several motion in Liminie requests.  No surprise here, as the evidence and testimony covered by these motions are clearly critical to the facts of the case.  The motions decided are as follows:

Lying and Stealing (attached)

Motion in Limine Regarding Any Testimony That the Defendant has a History of Lying or Stealing. This defense motion was DENIED by the Judge, meaning the State can introduce evidence of Casey Antony’s proclivity to lie to conceal all aspects of the murder; the state may provide evidence of lying and stealing should testimony be used by the Defendant that attempts to show good character traits.

This is very important for the State, though they cannot use “lying and stealing” just to show bad character or a willingness to commit a crime. However, the State may introduce lying and stealing as “collateral acts” when necessary.  Judge Perry explains:

…the state may be able to introduce evidence of collateral acts – such as lying or stealing – which are inextricably intertwined with the crime charged if necessary to adequately describe the deed, provide an intelligent account of the crime charged, establish the entire context out of which the charged crime arose, or adequately describe the events leading up to the charged crime. Dorsett v. State

Diary of Days (attached)

Motion in Limine to Prohibit the Use, in Any Fashion, of Internet Myspace References Attributable to the Defendant as “Diary of Days.This defense motion was also DENIED by Judge Perry, as expected, because it shows Casey’s state of mind during the critical time-frame that Caylee was “missing” – June 16 to July 15.  Judge Perry writes:

There is nothing inherently prejudicial about this posting, nor is it likely to inflame the passions of the jury…..It is relevant to show the Defendant’s state of mind during the time when Caylee Marie Anthony was missing and ultimately, when it was determined that she had died. The weight of this evidence is a matter for the jury.

Tattoo (attached)

Motion in Limine to Exclude Irrelevant Evidence of Tattoo. This defense motion was also DENIED. The defense asked that the tattoo be eliminated because it was irrelevant. Not so said Judge Perry!  The tattoo “La Bella Vita” is quite relevant as to the timing of receiving the tattoo, as well as the meaning, or nature of the tattoo. Judge Perry explains himself when he writes:

The state argues this evidence is not offered to show character, and further argues the circumstances surrounding the timing and nature of the tattoo are relevant and probative to show the Defendant’s state of mind. On July 2, 2008, when her daughter was allegedly missing and she was conducting her own search, she obtained a tattoo reading “La Bella Vita” (translated as “the beautiful / good life”).  She did not appear to be upset, and when asked how her daughter was, she simply replied, “fine.”

The Shovel (attached)

Motion in Limine Regarding Testimony of Neighbor Brian Burner in Reference to Shovel. This is yet another defense motion stamped DENIED by Judge Perry.  This evidence is important to the State’s case; why would Casey borrow a shovel within two days of her daughter’s death?  The Judge, in his order, mentions that Brian Burner, the neighbor who loaned the shovel to Casey, will testify with regards to seeing Casey back into the garage of the home on two or more occasions in the critical period when Caylee was “missing.”  Mr. Burner will testify that he had never seen Casey Anthony back her car into the garage. Ever.

Sexual Relationship with Tony Lazarro (attached)

Motion in Limine to Preclude Testimony or Alleged Statements of Witness Anthony Lazzaro Connected to Inquiries, Conversations, or Interrogations by Corporal William Edwards Related to Sexual Relations with Defendant. There is no surprise that Judge Perry has DENIED (in part) this defense motion.  The state contends, rightly so, that the fact that Casey Anthony had an intimate relationship with Tony Lazzarro but failed to tell him that her daughter was missing, is relevant.

Sexual Relationship with Anthony Rosciano (attached)

Motion in Limine to Preclude Testimony or Alleged Statements of Witness Anthony Rosciano Connected to Inquiries, Conversations, or Interrogations by Corporal William Edwards Related to Sexual Relations with DefendantAs expected, the Judge GRANTED this motion to the defense. The State did not intend to use the sexual history of this witness with Casey Anthony.

Jib Jab Cartoon (attached)

Motion in Limine to Preclude the Use, in Any Fashion Whatsoever, of a Certain “Jib Jab” Cartoon. This Defense motion was GRANTED by Judge Perry.  The State agreed this should be granted as they never intended to introduce this into the case.

And so, there you have it!   There was little surprise in these rulings as this evidence, and the testimony, are critical to show Casey Anthony’s state of mind during the time she claimed to be searching for Caylee.

Casey Anthony never lifted a finger to assist in the search for her daughter when she was bonded out of jail. The evidence and the testimony of Tracey McLaughlin will clearly show Casey’s  state of mind – a state of mind that was completely lacking of any care or concern for her daughter.

Why should she have cared?  She knew her daughter was dead.

And, we must remember that in Casey’s mind, once she was delivered out of jail, she deserved all the love, attention, and adoration.

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