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February 25, 2011

10

Casey and a perry mason moment?

by Andrea O'Connell

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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10 Comments Post a comment
  1. Feb 25 2011

    Well done!

    I also have to take issue with the pedaling of this –

    forgive me for being brief but
    I am very tired today

    Reply
    • Feb 25 2011

      Hey Kim, Thanks so much.. I’m sure you must be very tired, which makes me appreciate your visiting all the more. You must be sure you get a lot of rest, ya know.

      Reply
      • Feb 26 2011

        I very much enjoy reading your take on things. You also keep me up to date when I am off doing silly things like hat shopping

  2. Feb 25 2011

    Andrea, was the deposition of Dr G that Pipitone is referring to, one taken by the state attorney or one taken by the defense? We are not privy to the ones taken by the defense. If taken by the state, why did the media not find it important enough to release to the public in a doc dump? I am a bit confused. I certainly would love to read the entire deposition so I can make heads and tails of the whole thing and kinow where it came from, prosecution or defense.

    Reply
    • Feb 26 2011

      Hey Jonathon, You know, that’s a real good question… I don’t really know, and Pipitone didn’t say either. I did read that Dave said he went to the courthouse to get it…. If that’s the case, I don’t understand why we haven’t seen it yet. It’s kind of a mystery. I didn’t think we’re privy to the Defense depo’s either…. Maybe this is not being released like the others because it’s concerning the autopsy? I really wish I knew. I’d like to read the entire thing, too. If you find anything out, let me know, okay?!

      Reply
  3. Mike
    Feb 26 2011

    I await the defense motion for money to investigate the nanny that no one can find. Also will the nanny be included on the defense witness list? This should have been the first order of business by the defense.
    All other distractive arguments fail until these questions are answered IMO. Casey said the nanny kidnapped Caylee, yet not one dollar has been spent by the defense investigating this claim. They completely ignore this and we all know why. Baez, Mason, what is your answer?

    Reply
    • Feb 26 2011

      Oh, well, there’s no way they can address the nanny – it’s going to sting them, certainly. The family never sent their private investigator, Domnick Casey out looking for the nanny, either. But, she sure was a patsy for them for quite a while, wasn’t she?!

      Reply
  4. Gerald
    Feb 26 2011

    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?
    ********
    The answer to this is “EMPHATICALLY NO.” Far too late in the game. She will have been convicted and all evidence presented. Only mitigigating and aggravating circumstances will be allowed during the penalty phase to determine her sentence.

    Good story though. Well done!

    Reply
    • Feb 26 2011

      Hi Gerald, Thanks so much for the info – and it makes perfect sense, of course, that the penalty phase is for the mitigating factors will be presented.
      I forget how many aggravating factors are part of the penalty phase. I want to say there are five of them that support the death penalty in her case.

      I hope the State will be allowed to keep a picture of Caylee up during the entire trial to ensure that everyone knows who the victim is. It’s so tragic.

      Thanks again for your insight.

      Reply
  5. Gerald
    Feb 26 2011

    Correction, that would be mitigating. Early onset. lol

    Reply

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