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February 12, 2011

23

a brick is not a wall

by Andrea O'Connell

Yesterday, the Honorable Judge Belvin Perry released his rulings with regards to a number of Defense motions in the State vs. Casey Anthony case. One motion was left out and posted either later last night or early this morning on the Clerk of the Court Web Page – which is a great resource, by the way.

I’m referring to the Defense motion concerning Cindy Anthony’s MySpace posting.  The Judge has denied the motion in limine, as expected.

READ:  Order Denying Motion in Limine to Prohibit the Use, in any fashion, of a posting on the Internet MySpace References Attributable to Cindy Anthony, Mother of the Defendant

In short, and to paraphrase what Judge Belvin Perry wrote, he said this evidence is not prejudicial; would not inflame the passions of the jury, and its prejudicial effect would not outweigh its probative value.  It is yet another link added to the growing chains around Casey Anthony’s ankles.

The Judge concludes that this posting by Casey Anthony’s mother, shows Casey’s actions/non-actions during the time when Caylee was “missing”.

In addition he writes:

In Professor McCormick’s famous formulation: “An item of evidence, being but a single link in the chain of proof, need not prove conclusively the proposition for which it is offered…. It is enough if the item could reasonably show that a fact is slightly more probable than it would appear without that evidence…. A brick is not a wall.

The phrase “a brick is not a wall” therefore, refers to an item of evidence being relevant to the whole, but is not the whole.

I’d venture to say the State has many relevant bricks.  The bricks are plentiful and they have been carefully selected, too.  When the State assembles their case, brick by brick, they will quickly become the four walls that imprison Casey Anthony.

 

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23 Comments Post a comment
  1. Feb 12 2011

    Amen to that.

    Reply
    • Feb 12 2011

      Hey Eastwood34! Hope all is well! So glad you stopped by! 🙂

      Reply
  2. Feb 12 2011

    I love brick work

    Reply
  3. Feb 12 2011

    Eastwood34…hello!!! Hi Kim…everything calm in your neck of the woods?

    Hi Andrea! Great reading!

    Reply
    • Feb 12 2011

      Calm as can be, Venice. All the wildness will be next week

      Reply
      • Feb 12 2011

        Your doctor appt., right? I will light another candle tomorrow.
        While you’re gone, make sure that cage is tightly locked.

      • Feb 12 2011

        lol
        Thanks Venice

    • Feb 12 2011

      Hey Venice…Hi Kim!!! Hugs!

      Reply
      • Feb 13 2011

        Good morning, Ladies!!

  4. offthecuff
    Feb 12 2011

    LE did not have to go far to get the many bricks.

    Reply
    • Feb 12 2011

      I thinks the bricks were handed to them

      Reply
    • Feb 12 2011

      Hey offthecuff… you got that right…. they have been collecting them for quite a while now and we know they’re all set to start building! While the Defense builds a house of cards, a solid case is being built by the State….

      Reply
  5. CptKD
    Feb 12 2011

    Awesome news – Once again!
    Thank-you for staying on the ball, as per usual…

    I know I’m going way off topic here with this one, but just out of shear coincidence, I stumbled upon this set of lyrics by a band named Cold.

    I almost fell over when I read them.

    Though not EXACT to the “Diary of Days – Everybody lies, Everybody dies”, I found it rather intriguing, and very similar in some way, fashion or another, to Inmate Anthony’s thought processes.

    Like the State’s mention of being unable to find any song by Hayden Christiansan (sp), I believe that that is because he is an ACTOR and not a singer.

    I have no clue, or any idea as to the kind of music that Inmate Anthony is into – One can assume that “Top 40” and House/Club dance mixes were probably up her alley, seeing as she was into the club scene, but twisted heavy rock music can be killer at a ‘no-clothes party’, ya kno? And so I cannot confirm one way or another, whether or not she would be, or is familiar with this particular song.

    Anyways, the mere mention of “everyone dies”, along with talk of “shovels”, “everyone was so in love with YOU”, “little monster”, “made me sick”, “taste the pain”, “SUFFOCATES”, “my hands were tied”, “my brain was fried”, and “I can feel God”…

    Let’s just say, I was left sort of speechless…

    And so, being that I found it all rather interesting, I thought I’d share with my favourite blog owners, and their readers/responders!

    I wish I could say “enjoy”, but under the circumstances, that would be so wrong, and I honestly got nothing ‘joy’-ful out of any of this…

    EVERYONE DIES

    By: Cold

    Cold
    Cold
    Everyone dies
    Take me back from god,
    Well I can’t sleep,
    No one can hear the sound of your heartbreak,
    Every little thing was on the floor, everyone was so in love with you,

    Well everyone dies my friend
    They come down from outer space,
    To blow up all the human race
    Well everyone dies my friend,
    To take em back away from god is all they ever wanted,
    Well everyone dies my friend,

    I can taste the pain you’re shoveling,
    Every word you said, and every little monster,
    Moons over stardust made me sick,
    Every word you said, it’s all you ever want to give

    I can’t understand why you can’t believe that they’re not there,
    I can taste the pain you shovel in, pain comes down here,
    Everyone around you suffocates, I can’t see god,
    Everybody told you not to fall, my hands were tied,
    Everybody told you not to wait, my brain was fried,
    I can feel god. (end)

    With warm, Saturday evening regards,
    CptKD

    Reply
    • Feb 13 2011

      That’s incredibly eerie, CptKD! Thank you for sharing this here…. I Googled the song, and it’s really spooky and Gothic – like head banger music. There’s a YouTube version of the song that is incredibly violent, bloody, and gory. I couldn’t listen to the whole thing!

      Remember the photos that Casey saved on her Photo Bucket? The skeleton and other really bizarre photos? This song is in the same vein as the pictures she began collecting. I wouldn’t doubt that this was music she’d have listened to. The lyrics are uncanny – the shovel!

      It’s unbelievable….. I bet that she had this song in her mind when she wrote that post! And that actor, Hayden Christianson, he was in that movie she and Tony L. watched on the 16th, “Jumper” and, like you say, he is not associated with any lyrics like that. She made all that up, obviously.
      I really think that you’re on to something here….I wouldn’t be a bit surprised if this was the exact song she was thinking of when she wrote that post….

      If you don’t mind, I’d like to write a post about this (and give you all the credit, of course), after doing some more research….

      Yikes!

      Reply
  6. CptKD
    Feb 13 2011

    By all means, Andrea. Go “write” ahead. I d love to read your take on all this. As I just posted over at Mainstream, I wasn’t aware of the video. I will be checking that out today, seeing that there has now been two people who have seen this. Both have described what I envisioned when I read the lyrics. I recall her dancing skeletons and such… Creepy! Anyways, like I said feel free to do as you wish, Andrea. I look forward to the read! Wishin’ all a great day – CptKD

    Reply
    • Feb 13 2011

      Hey, good Sunday Morning (well, now afternoon) to ya!
      Thanks, I’ll follow up on it… It’s amazing that you found this! You are a good sleuth, CptKD!!!

      Reply
  7. CptKD
    Feb 13 2011

    Well, thank you for the compliment!

    I guess I come by it naturally,or maybe it’s instinctually, but definately by skill and years of training.

    Not to get into too much personal information about myself, especially on a public blog, but I am LE affiliated, and I am also a Certified Paralegal.

    Though I reside in Canada, I follow many American cases, especially those regarding missing/murdered children – It’s like I can’t get enough!

    So not only am I always digging in my own backyard, but I go digging into yours for anything new that I can find…LOL!

    Not that it’s funny, in the very least, but any cases where children are involved, has me climbing all over them, and having to know everything that I can possibly know about the facts.

    I learn, I learn and keep on learning with each new case.

    As old as I’m getting, there’s always something else out there to teach me one more thing…

    Anyways, it was through Dave’s blog that I found yours.

    I am so glad that I hit that link, because I’ve really taken a liking to your writing.

    I don’t know what took me so long, but I found you – Finally!
    I guess it’s true – Everything for a reason, and always in its own time…

    Myself, I’ve always spent alot of my free time writing. Usually lyrics for some of my musician friends, and poetry for my own private peace.
    After writing some of the other stuff, I HAVE to write, pertaining to work and such, I need to be able to find joy and quiet in something – Writing usually does it.

    Of course, every single report I’ve ever written with regards to investigations, research and/or projects/plans has given me great results, being that I enjoy writing so much – That being said, awards and accolations aside, those kinds of write- ups are not always of the appeasing or tasteful kind.
    But hey – You do, what you got to do…

    On that note, I see you have a new post up.
    I shall bid farewell to this side for now, and see what the new news is!

    Thanks again, for all that you do – It is greatly appreciated by many.
    Of that I’m sure…

    Take care – CptKD

    Reply
    • Feb 13 2011

      CptKD,
      I am sure glad you found my blog! You’ve brought a lot of insight to the readers, and to me. It makes sense that you’d have a background in investigative work! I work as a writer Monday to Friday, too. But, I write training courses – not as fun as blogging, but it is rewarding, too.

      I just had a GREAT idea! (Hope you think its a good one, too!) How about if you write the post about this???

      I know there is a way to set you up with a guest log in…. Let me know if you’d like to… no rush to decide, just let me know!

      Reply
  8. CptKD
    Feb 13 2011

    Hey Andrea –
    Guess what?
    The band COLD is from Jacksonville, Fl.
    She no doubt had to know of them – I totally believe that, NOW!

    CptKD

    Reply
    • Feb 13 2011

      Holy Cow! I bet this band is one she knew well which explains the words she wrote…. Here’s a question though…. did the band write the song as a result of this case?

      Reply
  9. CptKD
    Feb 13 2011

    Sorry – Me AGAIN!
    I forgot, but wanted to include the link to their Autobiography –

    http://www.last.fm/music/Cold/+wiki

    Enjoy the read – This just gets creapier by the minute…

    Cpt

    Reply
  10. CptKD
    Feb 14 2011

    ME writing a post for the blog about this find? I dont know. . . Wow! Would you help me along with some of it? I m just not sure how or where, and what direction it would go. . You ve got me lost for words. No one can make me do that. . .lol. Lets discuss further ok. I am definately intrigued – As for this band, they wrote this song back in late nineties. They have continued with their music and still exist, although continuing to re-vamp their music and image. Frm hard core to softer rock. Cpt

    Reply
    • Feb 14 2011

      The 90’s… Interesting. Sure you can write a post and I will gladly offer suggestions.

      I have been asking Sherry, another blogger here, to do it too! She’s not committed yet – ( Sherry! This is a reminder! LOL

      I want guest writers – it would be great! But please do not feel pressure, okay? I know it’s easier said than done. … LOL!

      Sent from my iPhone

      Reply

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