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February 11, 2011

39

bizarre motion doesn’t pass the smell test

by Andrea O'Connell
  • Empty can of Pepsi
  • Empty can of Mountain Dew
  • Empty can of Dr. Pepper
  • Empty can of Cherry Coke Zero
  • Empty can of Milwaukee Best Light
  • Empty can of Coke Classic
  • Empty can of Sprite (2)
  • Container of Crystal Light Powder mix (empty)
  • Bottle of Crystal Light (small amount of brown liquid)
  • Container of Copenhagen chew (empty)
  • Container of Oscar Meyer Hard Salami (empty)
  • Pizza box (empty)
  • Cardboard container of Kraft Velveeta Cheese
  • Two cardboard containers of Kraft Velveeta Dinners (empty)
  • Black plastic container (possibly from one of the Velveeta Dinners (empty)
  • Cardboard container of Cherry Coke (empty)
  • Bag of Stouffer’s Skillet dinner (empty)
  • Bottle of Arm and Hammer detergent (empty)
  • Can of Kiwi sneaker cleaner (empty)
  • Five fabric softener sheets
  • Miscellaneous papers and napkins

One of the most inane and questionable motions was filed last night by the Casey Anthony Defense team. If it weren’t for the motion being signed by both Jose Baez and Cheney Mason, I would swear it was written by Cindy Anthony.

The motion is an amended one titled Amended Motion for Spoliation of Evidence to Exclude All References to the Smell of the Pontiac Sunfire. (attached)

The list of items above are the contents of the trash bag found in the trunk of Casey Anthony’s car.  It is this trash bag that the defense team claims is the culprit causing the odor of decomposition in the trunk of the car, driven by Casey Anthony.  But there is not a single piece of food there!  Did the food decompose?    (Oh, and by the way, Mr. Baez and Mr. Mason, no one but Casey Anthony drove that car during the time period in question: June 16 to July 15, 2008.  Not Jesse Grund, not Ricardo Morales, not John Doe, not James Dean, it was Casey Anthony only.)

The list above contains NOT a single item of food!  Yet, the Defense contends that because this bag of trash was left in the trunk of the car for 18 days, it created the odor that the defense refers to as a “smell” rather than what it really is:  Human decomposition.

Did the Defense team not review the discovery of the content of the bag of garbage?

Hellooooooo Mr. Baez!  Yoo hooooo, Mr. Cheney?  Guess what?!  There are photos of the garbage for you to see! In fact, here a link to the photos.

This motion is garbage, plain and simple, and it sure boggles the mind that an attorney would waste precious time writing such baloney while he should be putting together a case for his client!

I submit that the defense has morphed into its own odor and is seriously making a mockery of the Criminal Justice system.

Where the Trash Came From

You may recall that Casey’s boyfriend during the critical period (June 16-July15), was Tony Lazzarro.  Tony told the Orange County Lead Detective, Yuri Melich, that he and his room-mates would often cart their garbage via their cars because the dumpster was quite a ways away, at the front of the apartment complex.  Casey Anthony took the garbage from Tony’s apartment and placed it in her trunk.  Did she intend to throw the garbage into the dumpster but forgot?  Perhaps, but not likely. Perhaps the garbage, in Casey’s warped mind, would be a substitute for the smell of decomposition?  Did she think that if the car was discovered, as she knew it would be, that the garbage would be mistaken for the smell of Caylee’s poor body?

As we know, substituting garbage for the odor of human decomposition was posed by Cindy and George.  To think that the Defense would even dare to put forth a motion that they MUST know is false, is mind boggling!

In the motion, which will never pass the smell test, this particular statement is very telling:

There was a bag of garbage in the trunk of a vehicle for 18 days in the summer months.  Especially if the trash had food items, flies and maggots as described by Detective Melich.  Faced with this issue law enforcement decided to to preserve certain evidence and destroy others.

How can they put forth a motion suggesting the smell emanates from “garbage” and yet they claim to not know if the trash contained food?   It’s a ludicrous position to take!

It’s difficult not to laugh at this very poor and very feeble attempt to exclude evidence.

This is further proof that the team of Baez/Mason stinks!

Phew!

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39 Comments Post a comment
  1. Feb 11 2011

    even mason is another asshole how can one help what to say about both stooges.how can others hire a idiot like mason to do a trial when the last case he has done has sent serano on death row.how did that happen?because mason is all upstairs?you cant really believe this its bull.they both know the killer did kill the baby now they just want to show what kind of 2 basterds have made this case to look like.bozo marie needs to step down mason needs to retire you are no good eitheir.

    Reply
  2. Feb 11 2011

    You are so right Andrea! These idiots are making our Judicial System look pathetic! This has gone on long enough. Hey Baez….where is Zanny????

    Reply
    • Feb 11 2011

      Hey Venice… Yup! “Oh Zanny We Hardly Knew Ya” But, I think if they are desperate enough to bring this ridiculous motion to the table, they just may be stupid enough to blame Zanny at the trial!

      Reply
  3. Feb 11 2011

    You need George’s recipe to recreate the smell!!

    Reply
    • Feb 11 2011

      LOL!!! I love you Kim 🙂

      Reply
      • Feb 11 2011

        😉

  4. Diana
    Feb 11 2011

    Zanny is in jail where she belongs! Funny how they never mention her anymore at all. Poof…she vanished with all her family, never to be seen or heard from again.,and where’s that script she gave Casey?

    Reply
    • Feb 11 2011

      There you go! You have nailed it Diana!

      Reply
    • Feb 11 2011

      So true Diana….WHERE IS THAT SCRIPT??? Zanny, the script, the fight at Blanchrd Park don’t seem to exist anymore. Didn’t you love when Casey was trying her best to confuse LE…Zanny could be in New York, Puerto Rico, Tennessee, Tallahasse, Miami, etc. LOL! Casey is the world’s dumbest criminal!

      Reply
      • Feb 11 2011

        I forgot about the script!!

        lol

    • Feb 11 2011

      Absolutely, Diana! Where oh where did Zanny go? If Baez and Company are desperate enough to file this motion, I wouldn’t put it past them to resurrect that tired story. It’s just unbelievable how incredibly desperate the defense is now.

      Reply
    • Sherry
      Feb 11 2011

      I thought Casey ate it… 😕

      Reply
  5. Venice
    Feb 11 2011

    and I thought Los Angeles attorney’s were cheesy 😉

    Reply
  6. Molly
    Feb 11 2011

    They contradict themselves in their own arguement in the motion.
    they don’t like the piece of the trunk liner preserved in a tin can. it is not consistent with the actual smell of the trunk (or something like that) at that time. yeah, i’ll bet the smell was much worse at that time. then they go on to complain that the garbage was NOT preserved in any kind of container, that it was “aired” out. so, if both were preserved in a tin or sealed container it would then be o.k. to allow the trunk liner in? you can’t have it both ways. if the garbage was in a container & the liner was not, would there not be an arguement then either? i kind of doubt that. anyway i’d bet that the liner would still smell even if it was not contained. maybe they can take the jury on a field trip to smell the car, i’m sure it still stinks (and not like garbage).

    Reply
  7. CptKD
    Feb 11 2011

    If Cindy Anthony is going to be forced to explain her 911 call, and concede that the car “smelled like there’s been a dead body in the damn car”, how on earth are the Duh-fence now going to say that the odor came from the garbage?

    Nothing in that pile of junk, as noted in link to the pics, could create or emulate the smell of decay and decomposition. Especially that of HUMAN DECOMPOSITION!

    Let us also not forget, that not only did Cindy interview and attest to, in court as a matter of fact, to this stench, but George, Lee and anyone else that got near that car and/or garage noticed and made comments, and/or gave testimonials stating the same when interviewed by LE.

    I have no clue where Bozo gets his b@lls, or where Mason gets his matter, but I defnately believe at this point, that it’s time to revoke Baez’ licence, and put Mason in a diaper and send him out to pasture…

    I just can’t believe the audacity of these two. . .
    Nor will I ever understand how representing someone such as Inmate Anthony, literally means you’re entitled to break all the rules, give direction and run the courts in the manner you choose, as opposed to how it’s monitored and maintained by the Justice. . .

    More than that, and above anything else, how is it now, that any OFFICER OF THE COURT has the right, and the subvention to lie, cheat, steal, and do it all with that funking ‘smirk’ like the one on that darn jack-azz’s face?

    I don’t get it – And it upsets me to no end!
    I so can’t wait for May to come around!
    And so for each night that passes until then – I swear; I will pray, beg and hope like heck, that little Caylee is granted the justice she so rightly deserves. . . As for her so called mother, I trust she will pay the ultimate price for taking away something that was way – Like WAY beyond PRICELESS!

    Once again – Great post, Andrea!
    Thanks for keeping up with the day to day news and activities surrounding this case. It means much!

    Have a great night, all!
    CptKD

    Reply
    • Feb 11 2011

      Excellent reading!!

      Reply
    • Sherry
      Feb 11 2011

      Thumb’s up, CptKD! Amen! I agree! Well said!!!

      Reply
    • dancehappy
      Feb 12 2011

      I also can’t wait for May. Can’t wait to watch Bozo make an ass of himself in court for weeks on end !!!

      Reply
      • Feb 12 2011

        Hi Dance Happy…I love your name. 🙂

        Yes, it will really be something to see Baez in court trying this case. I bet it will be utterly pathetic.

  8. Sherry
    Feb 11 2011

    Is it a good thing with a judge for a defense lawyer to accuse LE of DESTROYING evidence? 😯

    Oh, and this really is one stinky motion! Playing with semantics by saying “if the trash contained food”. I think they are doing their darndest to try to slip one past Judge Perry!

    Reply
    • Feb 12 2011

      Yup sherry, I sure agree – it’s a slimy and stinky move on the Defense’s part. They are going to do their damnedest to show LE as “sloppy” and will try to suggest LE had a bulls-eye on Casey and only Casey. Hmmm. No kidding! It doesn’t take a brain surgeon to deduce that she was the last person with her, there’s no “Zanny” she partied for 31 days, the smell of decomp is in her car, she’s branding her body with the “Good life” and on and on…. So, yup, culpability on Casey’s part was there from day one!

      Reply
  9. Molly
    Feb 11 2011

    Sorry if that sounded confusing. they make the arguement that the liner would not smell the same as in 2008 after being in a tin. yet if the garbage had been in a tin since 2008 then it would not smell the same either.
    ?

    Reply
    • Feb 12 2011

      Nah, not confusing Molly! The motion is illogical. They are trying to make a case for the trash being the source of the smell, and the fact that LE neglected to “save” that smell in a tin like they did the car liner, is supposed to mean that LE destroyed evidence! It’s a weak argument, there’s no argument because the trash had no food! It may have had traces of food left, but the bugs took care of that. I can’t imagine those small traces of food would create any smell. It’s lunacy!

      Reply
  10. Mike
    Feb 12 2011

    Years ago my BIL died of insulin shock. He wasn’t discovered until a few days later in his home. The odor was putrifying and after a professional cleaning company had scoured the place, the odor was still there. It is an odor that one does not forget.
    A few years after that my next door neighbor was cleaning his camper with petro cleaners. He lit a cigarette and the camper exploded. The odor of burning flesh was in the air and it does not smell like a ham in the oven, or bacon on the griddle. Both have a very distinct odor and one you will never mistake or forget. These defense lawyers are making a mockery of a child’s murder, all for filthy luchre. May the charges of Luke 11:46 visit them soon.

    Reply
    • Feb 12 2011

      Wow, Mike… That’s awful! I have never smelled it, and I don’t want to anytime soon. But, about ten years ago, a rat crawled into the frame of my car, under the hood, and I guess it got trapped there because my car was so putrid. It made me sick to get near it. I couldn’t drive it, but had to take it in to be looked at. I wore a bandanna around my nose with the windows down in order to stand driving it. Took it to a Toyota dealership, they found the source of the smell and said my car will probably be totaled by the insurance company. And sure enough, State Farm paid the car off, and I had to get another car.

      The Anthony’s will never forget that smell, and I find it hard to forgive them for lying about it.

      Reply
  11. Linda
    Feb 12 2011

    Hello again Andrea…. I think I know why he doesn’t what any of the garbage brought in…. It is because he can’t refute it….. Sure he can say maybe LE picked up the wrong garbage bag from the dumpster hours later, you know the one that had the maggots in it…. BUT then the prosecution will have Tony’s sworn testimony that the garbage came from his house..
    Who knows maybe the FBI has all their DNA from the drinks that they have.
    Remember, that evidence didn’t end up in the swamp for 5 months…. And then there was those frozen dinners that Casey brought to his house the day he picked her up at the death mobile……

    Reply
    • Feb 12 2011

      Hey Linda – Yes, you are absolutely right. LE did go through piece by piece of the garbage with Tony and he positively identified it as coming from his home. So, no matter how you look at this, the defense is sorely lacking any cohesive thought process in this motion, considering there is evidence from LE that is out there for all to see. The defense fail to take into account any of the history of that trash because it doesn’t serve them. They apparently don’t know about Tony – or they choose to ignore it, one or the other. I think it’s the latter.

      Reply
  12. CptKD
    Feb 12 2011

    I dreamt about GARBAGE last night, and so I had a closer look at the articles in the pics found at the posted link… Folks, what I see now,is RECYCLES. These are items that one would recycle not toss into trash. Unless the U S doesn’t recycle, then that’s what I make of all this so called “decomposing garbage”. What I will here admit to, is that sometimes my recycle box dont smell so great, but let me also add here, that it sure dont, nor has it ever, smelt like DEATH! This Motion STINKS! Cpt

    Reply
  13. CptKD
    Feb 12 2011

    My apologies, folks. In my previous post, I believe I wrote that the items listed as trash were RECYCLES. What I meant to say, was that they appeared to me, to be RECYCLABLES! My comment has not posted yet, so I cant verify for sure, but on the off chance that I did in fact make an error, I’ve caught it before it was posted… That’s assuming that Andrea does not have a “Typo-fairy” and it appears as is – Mistake, and all! Assuming I even made a mistake… Time for another coffee – CptKD

    Reply
    • Feb 12 2011

      awww! The funny thing is, I bet everyone (myself included) read “recyclables” in your first post!

      And, you know what, I hadn’t realized that the trash sure does seem like recyclables! And, if that is the case, it is not likely to smell like food to begin with! And, do you guys remember, way back when, one of the Orlando TV stations conducted their own test with a box of pizza in a bag, sitting for days in the hot Fla. sun? The result of the test was just a shriveled up, very hard pizza! And this apt. was filled with a bunch of kids in college – there is NO way they’d throw away pizza! They’d save it for breakfast! 🙂

      Reply
  14. katydid
    Feb 12 2011

    Let us not forget…Casey told everyone she ran over a couple of squirrels….George & $indy…said it was rotten Pizza….The duh-fense…just plain ole trash….who are we to believe. Well, I am not sure of what you guys have smelled before…but, unfortunately, I have smelled a dead body before and you can Never forget that smell…It stays with you for days…you can get rid of it….everything smells like it..you shower & shower trying to get rid of it and you can’t.

    Reply
    • Feb 12 2011

      Hi Katydid… I can only imagine it and am thankful that I have not smelled that smell. I wrote earlier about how a rat died in the underbelly of my car about ten years ago. The car dealership and the insurance company said the smell of the decomposed rat would never go away. Because of that they had to total my car (a little toyota corolla that I just loved!).
      If a little rat made a smell bad enough that they had to total a my one year old car, I can only imagine how powerful the smell was in that Pontiac.
      It makes me sick to think about it… You’d think Baez would know better than to bring this up!

      Reply
  15. Feb 12 2011

    Hi Andrea and all here, Great article and great comments. I remember George had to drive the death mobile home from the impound in the rain with the windows down some the smell was so horrific. He told this to the fbi. We also know maggots don’t appear on food particles had there even been any, but only dead humans or animals. Nor do coffin flies. This will be easily proved in court by professionals.

    Please may i live long enough to actually see Judge Perry call Baez up to the bench and pluck every twig of hair off Baez’s head. Poor JP may do just this when he reads this outlandish/ridiculous motion that will waste everyone’s time. lol

    Reply
    • Feb 12 2011

      Hey Knight owl! LOL! Yes… and pluck every hair off of his chinny-chin-chin! It really is a waste of time to address this motion, in my humble opinion. And I understand that a lawyer has to challenge evidence, that goes without saying, but there’s a limit. It’s almost as if the Defense is asking the Judge to suspend his disbelief! Like Casey said when she called home from jail that first time: “A waste. A huge waste.”

      Reply
  16. CptKD
    Feb 12 2011

    If memory serves me correctly, I thought that Innate Anthony had told Amy that HER FATHER had run over a couple of squirrels after taking it in for repairs. She was CONCERNED because the car was starting to smell & wantd him to clean it. Can U imagine driving around in a car, KNOWING that your dead baby/child is rotting in the back? There has got to be something really wrong with anyone who could do that. Even the “NANNY” was struggling with the stench then- It must’ve been so fowl by July! Cpt

    Reply
    • Feb 12 2011

      Yup. That’s what she told Amy, and in a text message, too. She said her dad ran over two squirrels. First of all, how could someone run over two squirrels? I have never heard of anyone running over a squirrel. Ducks, and Raccoons, and other animals, but two squirrels? It’s a stretch to buy that one. And, if they’re run over – how do they then end up sticking to the car?

      How she could be so callous to drive around with her own child decomposing in her car is unthinkable.

      Reply
  17. Sandy
    Feb 13 2011

    I have a very easy solution to confirming whether or not the smell in the trunk was human decomposition or not. It may not be pleasant, but it will put the matter to rest 100%. Simply ask the guy at the tow yard that was with Georgie Porgie when they opened the trunk, to take a whiff of some human decomp. (I’m sure LE can arrange it). He will then be able to confirm if that was the same disgusting odor he smelled coming from the Pontiac. He will immediately confirm it was (how could he possibly forget), and be called as a witness for the State – END OF STORY. Case closed. The final nail in Crazy Casey’s Coffin.

    Reply
    • Feb 13 2011

      Hey Sandy! Absolutely, you’re right on target there. And LE does have the fellow (I forget his name at the moment), and he has clearly said just that – he had smelled it before when a car came in the impound with a dead body still in it. It stunk for days, he said, and he said the Anthony car smelled just like it. I think his name is Simon Birch, but I’m not completely sure.

      So, yes, you’re right, there will be no denying it because too many people smelled it, and know what it is.

      Reply
      • Sandy
        Feb 13 2011

        Hi Andrea,

        My guess is, Simon Burch, the guy from the tow yard, will be the Prosecutions key witness. His testimony will be “the bomb”. Nothing else will matter, as his testimony, combined with the outline of the stain, is enough to send Crazy Casey away forever. No other testimony will even be necessary.

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