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25
Feb

Casey and a perry mason moment?

There was a great deal of activity today in the case against Casey Anthony.

A hearing was held this morning in which two defense motions were discussed and then granted by Judge Perry.  One motion deals with payment for videoconferencing services during the trial.  This is to accommodate out of state expert witnesses and avoid the cost to the state of their airfare and lodging.  The other motion concerns $4500 for a mental health expert to assess Casey Anthony in the event of a penalty phase.

Later in the day, the Orlando Sentinel reported that the Judge will hear the contempt motion against Jose Baez on Wednesday, March 2nd.  This is when Baez must present arguments regarding why he should not be held in contempt.  On March 2nd, or after, the Judge will rule on the contempt issue.  If Baez is going to be held in contempt, a trial date will have to be scheduled.  The big question is, if Judge Perry grants the States motion for contempt, will he ensure that the contempt trial happens after the Anthony case concludes?  Given Judge Perry’s insistence to move the Anthony case forward and on schedule, perhaps he will delay his ruling.  We’ll find out next week!

The Pipitone Parade

I would also like to address the Pipitone story.  Last night I stated that I’d eat my words if Pipitone had a real story to tell – not just a fake build up with sensationalism.  I am not going to eat all of my words, as Pipitone certainly did have an interesting story to tell last night, and the second part continues this evening at 11:00.  Pipitone certainly deserves credit for what he’s uncovered.   However, I don’t know about you, but I object to the fanfare and the bravado with which the station framed the story.   I especially dislike them trying to make hay, build a fire, and blow smoke by suggesting some evidence at the crime scene was staged.  Pipitone will be discussing the “staged evidence” aspect tonight.

The Mystery Depositions

Somehow Tony Pipitone got a hold of depositions that have not been released to the public.  Last night his report centered around Dr. Jan Garavaglia’s (Dr. G.) depo with the state and defense, taken in September of 2010.  Pipitone revealed some interesting aspects of the testimony, and suggested that the defense could have theories to challenge the State’s claim that Casey Anthony murdered Caylee.  And it all revolves around Cheney Mason questioning Dr. G. about the manner of death, and would Dr. G. be able to determine if Caylee drowned.  Cheney asks, “Suppose this child drowned in the family swimming pool?”  Dr. G gave Mr. Mason an answer, but it wasn’t pretty.  She said,

We get many cases like that where people are drowned and they always report them because they want them to survive.  There’s a chance that you could resuscitate that person.

Later Mr. Mason asks, “Is there any evidence that tells you that this child did not drown?”  And Dr. G hands Mr. Cheney a response that must have made him wish he’s never asked the question!  Dr. G said,

Again, based on 20 years of being a medical examiner, based on seeing many, many drownings, it’s the circumstances of death that are most disturbing in this case.  I have never seen a drowning, nor do I see reason why a drowning (victim) would have duct tape on the lower half of the face. I would say that is evidence itself that there’s no indication that this child would drown and there’s no reason why a child that’s drowned is put in a plastic bag and dumped on the side of the road.

BRAVO Dr. G! In another exchange between Mr. Mason and Dr. G., Mr. Mason asks about what constitutes homicide in this case.

Mr. Mason: You just don’t know how it’s a homicide?
Dr. G:
Correct, based on the circumstances.
Mr. Mason:
And the circumstances are what you have been told by the detective or other law enforcement people?
Dr. G
: No. The circumstances are that a child, an … almost 3-year-old child is found in a plastic bag, in a laundry bag, dumped in a field to rot with duct tape in the vicinity of the lower mandible,  or jaw.

Then Pipitone’s story discusses the question of suffocation.  It’s a terrible thought, so I’ll leave it right there.

Could Casey Testify?

The questions by Mr. Mason concerning drowning are curious.  Is he already thinking of the Penalty Phase of the trial – will Casey take the stand in the penalty phase to say Caylee’s death was an accident?  If so, she’d have to take the stand in the case in chief.  If the defense is planning to use drowning and the theory that, after Caylee drowned, Casey got scared and tried to make the baby’s death look like a kidnapping, that’s all well and good, but Casey would have to testify to that.

Is the defense actually entertaining the idea that Casey will take the stand???  I cannot see how Casey could survive the blistering questions from either Ashton or Burdick.  And furthermore, if a defense attorney knows a client is guilty, they are prohibited from putting their client on the stand. Can the defense really believe that Casey is innocent?  That is not possible – there is not a chance of that.  However, if Casey never told the defense she did it, if she continues to proclaim her innocence, they CAN put her on the stand.

The idea of Casey Anthony actually taking the stand is an intriguing one, though I’d always dismissed the chance of that occurring since it’s so obvious that she’d get up there and blatantly lie.

If she were to take the stand, maybe there would be a “Perry Mason” moment in which Casey, being hammered and battered by the State, finally gives in and admits to the murder!!  Everyone in the courtroom would gasp, Cindy Anthony would wail, George Anthony would faint, and Baez would scream OBJECTION! while Judge Perry furiously bangs his gavel, yelling ORDER IN THIS COURT! ORDER IN THIS COURT, I SAY!  And then, lighting hits the courtroom and the lights go out, and the video stream dies.  The media rushes out to be the first to report what’s just happened….. In the melee, Baez is able to run to Casey, he scoops her up and into his arms, they share a quick kiss before he rushes her to his car, and off they go – never to be seen or heard from again.

Now, that would be something!

If you are interested in seeing the video of the hearing this morning, it is posted on the WFTV‘s website.  And, Pipitone’s story is located here.

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