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February 10, 2011

15

judge perry rules!

by Andrea O'Connell

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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15 Comments Post a comment
  1. Swift Justice
    Feb 10 2011

    Right about now…the DumTeam is doing a change of Diaper and throwing darts at Judge Perry’s picture.
    What Baez & Co wanted to keep under wraps…..will be unfolded before their very eyes during trial. Tattoo, computer checks, some lovey between Tony & the felon, stealing, lying, all while Caylee was missing.
    This will show Casey’s TRUE mindset…..and lets not forget the 31 days.
    This is a Bad Day at Black Rock for the DTeam but a nice victory for
    Caylee…….the true victim in this horrendous case.

    Thank you dreamin…….I certainly appreciate your reports. Big Time.

    Reply
    • Feb 11 2011

      Hey Swift Justice! Ohhh my, yes siree, it is a dark day for the defense team. It’s a mockery and a crock and a joke what they are attempting to put forth. I have NO sympathy for Casey Anthony but I do want her to have a defense! She is an American citizen, and that is her right! she is being bamboozled by Baez who I guarantee is whispering sweet nothings in her ear.

      It makes me really angry when I see the money going out the window on this trial! I live in Florida, it’s my taxes paying for this! LOL! It makes me crazy!!!

      Reply
  2. Sherry
    Feb 10 2011

    I find it fascinating that “state of mind” and “character” are not considered the same in the court of law. I mean, with Casey, her state of mind was her character! Poor Baez…bet he starts getting tummy troubles again.

    Reply
    • Feb 11 2011

      LOL! Sherry, I love your humor so much! I have no doubt that tummy troubles are a constant!

      I know what you mean about state of mind, and character. However, state of mind is generally an important aspect in a case because it shows the thought patterns that went into carrying out the crime, among other things. Whereas character, is like personality, I think. I don’t know too much about the part that character plays, but I do know that it generally will not come in.

      Reply
  3. Feb 10 2011

    Andrea, was the “My Caylee is Missing” by Cindy in any of those motions?

    Reply
    • Feb 11 2011

      You’re right, my dear, it was! I think (though I’m not sure) that it will be a topic for the March 2 and 3 hearings. I’ll check, and let you know! 🙂

      Reply
  4. Feb 10 2011

    i heart Honorable Judge Belvin Perry!

    Reply
  5. Diana
    Feb 11 2011

    Thanks Andrea,
    No surprises here either. Baez HAD to know these motions would be denied. This is about a childs murder, and of course ….the state of mind/behaviors of the accused killer is extremely important. He just HAD to know it was all coming in.
    He needs to try to plea her out of this…..in any possible way he can.

    Reply
    • Feb 11 2011

      Hey Diana, I hear you. It just defies logic that they could actually think these motions would be granted. Now, it’s their job to file motions, and challenge the evidence, but not at this late date… not when it’s already established that filing such a motion is a total waste of time – time that would be better served saying 18 Hail Mary’s… Like in a football game when it’s right at the end and the losing team throws a “Hail Mary” pass and a miracle could happen and someone might actually catch the ball and win the game…. that’s what the defense is doing…. Everything in the defense strategy is one loooooooonnnnnnnng Hail Mary pass! 🙂

      Reply
  6. offthecuff
    Feb 11 2011

    Thanks to the prosecution for accurately arguing for these motions. JP rulings reflect these well prepared arguments which deflect any prejudicial nature that the defense hoped they could use to eliminate crucial evidence.

    Baez’ will argue in court for a conspiracy against his client from the judge and prosecution, but he needs only look to Casey for any conspiracies.

    Reply
    • Feb 11 2011

      Hey offthecuff – you got that right! The fact is, the State creates such well thought out motions, citing law and using examples, that they do the work for the Judge – make his job that much easier. Whereas the Defense includes a lot of negative narrative in their motions – taking back-handed swings at the State which are totally uncalled for.

      I am glad the State rises above it all… LOL, but man, Jeff Ashton, you can see him just seething and wanting to throw it right back at them! That’s why I think their “twitter” list of Kathy Reichs was so incredibly perfect!

      Reply
  7. CptKD
    Feb 11 2011

    WOW! I AM impressed with JP, and of course, I’m impressed with your post as well, Andrea. I cant say that I’m suprised at the Motions being DENIED, but I will say that I am so happy at this thought out, researched response. Your Honor really didnt have much choice when you realistically look at the evidence put forth…. And so ‘HERE’S’ to the State, and well. . . Boo-hoo Baez! Thanks again for the detailed post, Andrea. You have outdone yourself once again! ‘Wink’ and best regards – CptKD

    Reply
    • Feb 11 2011

      Hey my friend, thanks so much – that sure does make me feel good,. 🙂

      And, I agree with you, the Judge was clear and concise with his rulings. He’s quite an amazing Jurist. Orlando is lucky to have him. Speaking of which, Orlando is also lucky to have the State Attorneys, and the OCSO, too. They’ve impressed me, anyway!

      Reply
  8. Feb 11 2011

    Andrea, btw a copy of that motion was released today re Cindy’s My Caylee is Missing. Judge Perry denied it so it will be entered into evidence.

    Reply
    • Feb 12 2011

      Oh that’s fantastic! Thank you for letting me know…. I just read it on WFTV site. No surprise that its denied, just like the other motions that lend themselves to providing insight into Casey’s state of mind – and in the case of this evidence, disprove the “best friend” relationship between Cindy and Casey that Cindy would like us to believe.

      Reply

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