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February 13, 2011

29

a cous de gras

by Andrea O'Connell

Although not yet in the public domain, but available to the Orlando Sentinel, is the State of Florida’s response to a January 2011 Defense motion to exclude evidence of a stain in the trunk of Casey Anthony’s white Pontiac Sunfire.  READ Defense motion.

The content of the State’s response provides some damning information regarding the stain in the trunk.  It is no wonder the Defense wants references to the stain out of the trial; the stain is going to be very difficult for them to dispute.

Anthony Colarossi, of the Orlando Sun Sentinel, offers a detailed story about what the State has said in response to the Defense request to exclude the stain, and some of the details are especially important.

This Orlando Sentinel article, written 2/11/2011, is referenced here. Casey Anthony’s defense wants comments tossed about smell of body in trunk – State counters with a plea to include stain evidence

Evidence of Decomposition

The State is claiming that the stain did not produce Caylee’s DNA, nor did it test positive for blood – this is understandable as no blood was shed. But, why no DNA?  This is a mystery to me; if there is a viable reason why no DNA is present, it escapes me at this point. At any rate, since there was no DNA found, wouldn’t you think this would be helpful for the defense?   Not so says the State.

What the stain-evidence DOES prove is evidence of decomposition.  There are fatty acids that are a result of decomposition and that are present in the stain. In addition, the stain, as we have previously heard, looks as if it’s in the shape of a small child, in a fetal position.  (I am sorry to have to bring this awful topic up; it brings my heart up into my throat; I am sure it does the same to you.)

However, this is very palpable evidence, as Orlando Sentinel’s Anthony Colarossi explains:

But Assistant State Attorney Jeff Ashton says the difference between a blood, saliva or semen stain and a ‘biological stain is a subtle one, that seems to have eluded opposing counsel’. ‘The stain, tested by the Oakridge National Laboratory shows the presence of “volatile fatty acids consistent with the byproducts of decomposition.’

And then, to make it worse, Jeff Ashton swings and lands a punch that will surely hit the Defense right in the gut:

If the history of this case has proven anything, it is that attorneys can make extravagant claims in pleadings that are not borne out upon closer examination.

And then Jeff Ashton submits a left hook, right where it hurts.  The Defense will have to take this one on the chin when the State refers to the stain in the trunk being consistent with a small child:

The evidence that the trunk of the car contains a stain composed partially of volatile fatty acids consistent with decomposition and of the approximate size of a small child clearly tends to prove that material fact.

Needless to say, this is horrible evidence to discuss, but is vitally important, hence the Defense’s desire to exclude it.

One of many death-blows to come

There is a french word that comes close to describing what this report does to the Defense:  Cous de gras; sometimes spelled coup de grace.  (Pronounced Koo-deh-graw.)  Cous de gras means, a final blow, a kind of poetic justice-type final blow, and/or a final act that is destined to end the life of something by something else.

In this instance, the cous de gras is the State’s response that kills any hope the Defense may have to exclude the stain found in Casey Anthony’s white Pontiac Sunfire.

The following, written by Jeff Ashton, is the coup de gras that delivers the final blow to the Defense regarding the relevance of the stain:

The defendant has failed to set forth what unfair prejudice they fear…If the jury concludes, based upon all of the evidence presented in the case, that the stain in the trunk of the car was caused by the decomposition of a body kept there, then it is powerful and appropriate evidence of her guilt.

If they conclude that the stain is from some other innocent source, then they would conclude that it is neither relevant nor prejudicial. Is the defendant seriously concerned about a bias against sloppy car owners?

As far as coup de gras’s go, this particular information will not be the only death-blow to the Defense.

Just like a brick is not a wall, this particular cous de gras is not the show stopper, but it will help to bring the curtain down on Casey Anthony.

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29 Comments Post a comment
  1. Feb 13 2011

    Jeff Ashton is a seasoned Prosecutor and I honor him for being a voice for Caylee! Somebody has to.

    Reply
    • Feb 13 2011

      Me too, Venice. He’s among the best, as is Linda Drane-Burdick. They are going to be Caylee’s voice (since the family seems to have forgotten her in lieu of saving Casey), and I am certain their passion and commitment for justice for Caylee will be evident to everyone! 🙂
      The State Attorney’s are second to none They make Baez look like a college freshman in the courtroom.

      Reply
      • Feb 13 2011

        more like the janitor.

      • Feb 13 2011

        LOL! That, too!

  2. Feb 13 2011

    snipped:
    Is the defendant seriously concerned about a bias against sloppy car owners?

    JA has such a way with words, doesn’t he

    Reply
  3. offthecuff
    Feb 13 2011

    I still have a hard time thinking about the implications about that stain.

    And I have a hard time thinking that a grandparent purposely handled the cleaning of that stain, although obviously not thoroughly enough. They had to know.

    Reply
  4. CptKD
    Feb 13 2011

    And here I thought your post was going to be in French!

    Though I am fluently bilingual, it’s been a long, long time since I’ve heard that term being used – Good on you! And nice work!

    Similar to ‘offthecuff’, I have tremendous issues with the stain in the trunk.
    I think it really drives home, that not only did Caylee lay deceased in that car for a few days, but that trunk was probably a habitual place to play and/or nap.
    Especially if and when Inmate Anthony wanted to go out.
    Whether it was cough syrup, gravol, chloroform, whatever to make her her child sleepy, and then into the trunk she’d be.

    Toddlers naturally sleep in the fetal position. Being that that’s how we’re positioned in the womb, for much of the pregnancy. It’s nature’s way of making a child feel safe – Even us big people do it! LOL!

    What is really troubling, is that, not only is there a stain, but I bet it probably also has a definate ‘imprint’ of Caylee’s little body.
    If in fact she spent more time there, alive and not only after death, Caylee would have found herself, a usual, familiar “comfy” spot back there – And she would have always used THAT SPOT to curl up in – Think about it.
    Think of how you go to bed at night – Is there not a usual pattern, or position that you choose to use in order to achieve sleep?
    I believe we naturally develop these habits/tendancies during childhood, and so her being in that trunk, if it was something of a habitual occurence, she would have no doubt kept to the same safe spot…

    How f’n sad… Excuse my language, and pardon me.

    I apologize!

    I’ve just made my heart ache, tears welling in my eyes, all at that very thought and visual.

    How on earth does someone do this to their own babe?

    I would’ve have taken that precious angel, and loved her to no tomorrow…

    It is so not fair…

    Rest in peace, babe!
    Justice is coming, Sweety!
    Justice is coming….

    CptKD

    Reply
    • Feb 13 2011

      To think that Caylee would spend time in that trunk when she was alive…OMG. It is beyond the beyond of sick.

      I did see the photos that the FBI released showing the stain, and it DOES look like a poor dear little child. I have tears in my eyes, too, CptKD, and I feel the disgust of everyone who posted about this… We will never understand the mind of someone who could do something so wicked to a child – as hard as we try, we will never know from where that kind of sickness of the self would come from.

      There is no way that stain will be excluded from the trial, and it will be one of the most important aspects that will bring those bricks right down from the jury, onto Casey’s lap.
      I can’t wait for the day that little Caylee will know that her death was never in vain, and that so many people have been waiting and waiting and waiting some more until the day finally comes that Casey Anthony will be found guilty so Caylee’s little spirit can rest easier.

      Reply
  5. dancehappy
    Feb 13 2011

    I find it hard to believe or imagine that Caylee was also put in the trunk when alive . Who does that !!!!!!!!!

    Reply
  6. CptKD
    Feb 13 2011

    My apologies for my momentary lapse of reason, and for my temporary escape from “tough-cop” mode. Anyways, I re-read what I wrote above, and found that I was not explaining quite right what I was trying to say. Where I mention there being an imprint in the trunk, what I was trying to describe, was that of, more like an INDENTATION. If that is in fact the case, then it would be a given that little Caylee spent alot of time there – How pitiful and heartbreaking is that! CptKD

    Reply
    • Feb 13 2011

      CptKD, Thank you for your explanations! It’s a terrible thing to try to explain, but you have done a very good job explaining a terrible thing.
      I know that I struggle with words, too, when I think about the trunk and Caylee in it. It is heart wrenching, to say the least. …. the suffering that sweet little baby had to endure.

      Reply
      • CptKD
        Feb 13 2011

        Hi Andrea – I apologize for the duplicate post… I was trying to reply from my phone and the first comment appeared to not go through, and so I stupidly re-wrote it all and hit ‘Comment’ again.
        Please feel free to remove one of them, to free up some space, and of course, to assist me in not looking half as stupid as I do with having two ‘almost’ duplicate posts twice! TY

        As for my belief in the possibility that Caylee was put in the trunk BEFORE her actual death – I sense that the trunk of the car was used initially as a fun thing (sort of like a fort, or hide-out) and then eventually became the primary, and infamous “Nanny”.

        I had read on another blog (I will try to find the blog, and particular comment made by one of its readers to post the link here), but anyways, this person mentioned the fact that the model Pontiac vehicle that she was driving, came equipped with bi-fold seats in the back – This means that little Caylee could easily access the trunk by pulling down on the opposite seat, beside her.

        This person opined, that this may have started out as a game of sorts, which in turn gave “Inmate Anthony” the idea of it being a napping place. Especially if a sedative of sorts was used first. By sedating Caylee, she knew she was clear for a couple hours with the tot in the trunk, sound asleep…

        This is why my belief is as such.

        If in fact, she kept Caylee in the trunk on other occassions prior to her death, then not only would there be a ‘stain’ there, but the actual trunk bottom would have an indentation as well.

        That piece that lies over top of your spare tire, is but a mere sliver of partical board that eventually would give to any heavy weight on it.

        I keep a milk crate in the back of my trunk with booster cables, oil, first aid kit, and other tools I might need in an emergency. When I clean out my car, and actually get to vaccuum the trunk, when I lift that milk crate out, there is an indentation/imprint there…

        And so, IF this WAS a place, that was used to lay the sleeping baby while “IA” partied and sexed it up, I have no doubt that there would be an indentation of where the child predominately slept.

        The other issue pertaining to this, is that Caylee was beginning to talk. This method of keeping Caylee out of the way was going to have to stop. At any given time, Caylee could slip up and share the secret. Whether it be to “Papa Jo-Jo” or to Granny Sin-Sin, the possibility was becoming greater with each passing day…. Remember the video of Caylee in the high chair? You can see there that she is attempting to form words, and so it wasn’t going to be much longer. As annoying as that video was with the “I ki, I ki…ki” you can see there that chatter was starting, and there ain’t no stopping that once it starts…

        So, as I have previously mentioned – If she kept her in the car on more than this one particular occassion, and/or this was a habitual thing between “IA” and Caylee, there’s bound to be, a whole lot more to this “trunk” issue!

        In fact, “IA” might find herself wishing she could jump into one come JUDGEMENT DAY!

        CptKD

  7. Hilde
    Feb 13 2011

    Is it a Wonder or Surprise that the Defense would do everything they can to keep this damaging and horrible Evidence of the Stain in the Trunk out of !the Trial? It shouldn’t be!
    I would say the State will be able to show that the Stain in the Trunk is shaped like a Child’s Body in a fetal Position and they will be able to show that the Stain is consistent with a decomposing Body.
    This Evidence is very important among other collected Evidence in this Case.
    As gruesome as this Stain is to discuss, it reminds us over and over again what has been done to that innocent Child Caylee Marie and why it is so important to see it through to the End when Justice for Caylee finally will
    come.
    The Perpetrator who willfully took innocent beautiful Caylee’s Life in such a gruesome Manner will have to pay the Consequences of her Action.
    I believe Casey Anthony showed her own Daughter no Mercy as she took her last Breath!
    Casey Anthony is lucky she will have the Chance to have a Trial and People who are concerned about her Safety and her Rights. She has nothing to complain about!
    It’s about time People will remember who the real Victim is, it is not Casey but an innocent Child, her own Daughter Caylee who wasn’t even given the Chance to turn 3 Yrs old! 😦
    The Prosecution will be Caylee’s Voice and therefore she is in good Hands!
    I have Faith the Truth will prevail. JMO

    Reply
    • Feb 13 2011

      you nailed it Hilde:

      Casey Anthony is lucky she will have the Chance to have a Trial and People who are concerned about her Safety and her Rights. She has nothing to complain about!

      Reply
      • Feb 13 2011

        Who watched out for Caylee’s rights

      • Feb 13 2011

        NOBODY! Very good comment.

      • Feb 13 2011

        You got that right, Kim!

    • Feb 13 2011

      Thank you, Hilde for your heart-felt post. Yes, Baez is doing his job trying to exclude the stain, but it will be completely fruitless – it is coming in to the trial, there is NO way it will left out – it is extremely important to the state’s case and is in no way prejudicial.

      And, you’re right, Casey is lucky she is in the USA and will have a real trial, and she will soon see who the victim is in this case. She has a big wake up call coming. She will soon see that not too many people give a damn about her – it’s about her daughter and seeking justice for Caylee.
      Casey will see how important Caylee Marie’s life was, even though it was not important to Casey, she will soon see that people view her as a monster, not as the TV star she thinks she is. She is in another world, reality is so distant from her, though it will come crashing down on her when she’s forced to sit there and listen to the passionate opening statements that I know the State will give in this case.
      Jeff Ashton and Linda Drane Burdick are Caylee’s voice, and they will do her justice, I have great confidence in them. I know Caylee is in their heart and I know that it is for Caylee that they fight.

      Reply
      • offthecuff
        Feb 14 2011

        Gee, I was hoping Casey would’ve reformed by now.

  8. Hilde
    Feb 13 2011

    Kim, off Subject.
    Your Surgery is coming up in a few Days, I know You just want to get it over with. Just wanted to let You know, I will be thinking of You and hope everything will be better for You once You have that behind You. 🙂

    Reply
    • Feb 13 2011

      Thank you so much Hilde for thinking of me – it means a lot to me

      Reply
      • Feb 13 2011

        You have a lot of folks rallying and praying for your, Kim! We will hold you up from afar and give you that extra boost of energy you’ll need to heal and thrive. 🙂

      • Feb 13 2011

        You all mean a lot to me and you kind words lift me up.

        thank you

      • CptKD
        Feb 13 2011

        I know we are not that familiar with each other as of yet,
        but I do wish you the very best of luck with your surgery.

        As well, I wish you a speedy and successful recovery!

        Please do take care of yourself –
        And do exactly what the Doctor says,k!

        Take care, Kim!

        CptKD
        (aka – Kim) LOL!

  9. Feb 14 2011

    The stain will come into the Trial. Judge Perry has read enough of their bs motions and this one is typical Baez and Mason, grasping for that needle in a hayfield..

    Reply
  10. cali patti
    Feb 14 2011

    In an above comment it was said Caylee was beginning to talk. So true, there is testimony of George saying he did ask Caylee when she came home about her time spent with Zenida and how Caylee did NOT answer him.
    Anyone else remember that comment?

    Reply
    • Feb 14 2011

      Hi Cali Patti… Yes, I distinctly remember him saying that. In addition, I recently read his deposition with the State Attorney in which he states that she was putting words together, but not really able to form a complete sentence. She knew the names of people, he said. She knew all the family and extended family members and the animals names. George was asked if she ever used the name Zanny. George said no, she did not. I wonder if Cindy would have said the same thing?

      Reply
  11. CptKD
    Feb 15 2011

    I totally recall George saying that, and I believe that she didnt answer when he asked because ZANNY didnt exist. How could she understand what he was asking, or perhaps she might have known via Innate Anthony rehearsing a story with her and then being manipulated by IA to understand that she was to say nothing or remain silent when asked. I completely believe that Caylee starting to talk was becoming a big big problem for IA. She couldn t have that now – Heck, she had a new boyfriend! CptKD

    Reply
  12. cali patti
    Feb 16 2011

    Thank you all for the better recall. At trial I hope they ask George about how much Caylee was talking and she was not mentioning Zanny.

    Reply

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