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February 28, 2011

22

march 2 & 3 hearing: what’s in and out

by Andrea O'Connell

The State of Florida filed a motion today that included a witness list and an evidence schedule for the upcoming hearings (March 2 & 3), in the case against Casey Anthony.

In the motion, we also learned what evidence the State is going to ignore:

  • The State will not be using the video of Casey Anthony’s reaction to television news that the remains of a small child were found only a few blocks from her home.  I have always felt that this would be a slippery slope for the State because Law Enforcement and the Jail conspired to take Casey to the Mental Health area of the jail so she could see the news.  What the jail and Law Enforcement conspired to do was a direct violation of Casey’s rights.  And, Bill Sheaffer, legal analyst for WFTV, advised the State doesn’t need this evidence anyway, so why risk it.
  • The State will not attempt to use the (taped) conversations that Casey had with members of the Orange County Sherrif’s Office and the FBI on the day of her indictment (October, 2008).  Casey had invoked her right to counsel, and Jose Baez had been in the building and advised her not to talk about the case, so it would not have come in anyway.
  • Finally, the State advised they will not use the testimony of Maya Derkovic, one of Casey’s Jail pals, in the case in chief.  Maya’s stories were inconsistent, says Kathi Belich, of WFTV.  Maya told Kathi that Casey talked about using chloroform on Caylee, but Maya never mentioned this to Law Enforcement, Kathi said.  Bill Sheaffer, in his analysis, added that the State didn’t need Maya, she’s not reliable, so why risk it.

The following topics will be argued:

Defendant’s Motion to Suppress Statements (to Law Enforcement Officers) & Amended Motion to Suppress Statements.

  • Witnesses: Yuri Melich, John Allen, Appling Wells, Leonard Turtora, Ryan Eberlin, Reginald Hosey, Rendon Fletcher, Adriana Acevedo, and Cindy Anthony.
  • Exhibits: Defendant’s hand-written statement; Transcript & audio of defendant’s statement to Yuri Melich; Transcript & audio of defendant’s statement to Yuri Melich & John Allen; Photographs of Universal Studios.

Defendant’s Motion to Suppress Statements made to George, Cindy, Lee Anthony, Robyn Adams and Sylvia Hernandez

  • Witnesses: Yuri Melich, John Allen, Robyn Adams, Sylvia Hemandez, George Anthony, Cindy Anthony & Lee Anthony
  • Exhibits: Copies of OCJ Visitation DVDs; transcript of statements given by Robyn Adams; transcripts or video of statements made by George Anthony; CD of hand-written letters authored by defendant; phone calls Casey Anthony made from the Orange County Jail

State of Florida’s Motions in Limine

  • No witnesses or exhibits

Slate of Florida’s Motion to Strike Defendant’s Supplemental Witness List

  • No witnesses or exhibits

State of Florida’s Motion to Strike Defendant’s Motion to Exclude Unreliable Evidence Pursuant to Frye (Chloroform)

  • No witnesses or exhibits

State of Florida’s Motion to Strike Defendant’s Motion to Exclude Unreliable Evidence Pursuant to Frye (Plant or Root Growth)

  • No witnesses or exhibits

State of Florida ‘s Motion for Rule to Show Cause

  • No witnesses
  • Exhibits: Emails between counsel

The motion the State filed for Rule to Show Cause, is the contempt motion.  It remains to be seen if all of these motions can be argued, with witnesses and exhibits, in one day considering Judge Perry advised both sides that Court will end at 3:30 on March 2nd.  The contempt motion may have to wait until Thursday.

These hearings are going to be fascinating!  Unfortunately, I have to miss them;  unless a miracle happens and a magic project-fairy finishes all my work by tomorrow!

Oh, I do believe in miracles, I do believe in fairies!  I do, I do, I do believe!

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22 Comments Post a comment
  1. Mar 1 2011

    Hello Andrea, I have no clue how I came about your site. But glad I did. You have a wonderful way of writing and I have enjoyed the articles I have read so far. Thank you for all you do. Hope that miracle comes and I also believe in fairies ha. Dragons, well that’s just to name a couple.

    Reply
    • Mar 1 2011

      Hi Shyloh! I sent a response to you via my phone a little after nine this morning…it never showed up here, but the other phone messages I sent today went through…I don’t know what my fairies were up to today but they were misbehaving! Anyway, thank you for visiting and thank you for your comments, too. 🙂 I am so happy you found us here! And, you’re fairy dust will come in handy every now and then! 🙂

      Reply
  2. Mar 1 2011

    I have to work too *Andrea 😦 7 to 3. Hopefully someone will post a link, and we can watch it when we get home.

    Reply
    • Mar 1 2011

      I have doctor so I will miss

      ugh – more stitches out

      Reply
      • Venice
        Mar 1 2011

        Good Luck tommorrow Kim!!! 🙂

      • Mar 1 2011

        Thanks Andrea

        I can’t wait for this mess to be over! As much as I love my Doctor’s I am so done!

      • Mar 1 2011

        I sure hope this all ends really quickly for you, too, Kimmie…. enough already! Keep up your great spirit and your positiveness because it will be over before you know it!

    • Mar 1 2011

      Hi Diana…. Oh, I’m sorry you have to work, too. Well, the good news is the Internet will be buzzing with the video streams so hopefully we’ll not miss too much. WFTV usually posts all of the parts of the hearing….so, we’ll be able to see it! If I can, I’m going to plug in my ear phones and listen while I work… I really, really wanted to take the day off…but I have too much work pending, darn it! I’ll be sure to post a recap tomorrow night. 🙂

      Reply
  3. Venice
    Mar 1 2011

    I believe the Caylee Daily states tommorrow’s hearing to be 1:30 EST.

    Reply
  4. artgal
    Mar 1 2011

    I understand the hearing is at 9am eastern according to the court docket
    Im in the West so that means 6am for me – does anyone know for sure
    that its 1:30 Eastern? Thank you

    Reply
  5. midgesmom
    Mar 1 2011

    The hearing begins at 9am est. from what I have read.

    Reply
    • Venice
      Mar 1 2011

      Caylee Daily confirms it to be 1:30 EST.

      Reply
    • Mar 1 2011

      Thanks midgesmom – and you’re right, that’s when it starts….ohhhhh I am really anxious to see how it all plays out – especially this contempt charge. I have a feeling the State will prevail in all of their motions, I really do. 🙂

      Reply
  6. artgal
    Mar 1 2011

    Oooookay! Well I guess Ill just have to get up at 5:am to see as Im in the West. Ive heard both times, but no one seems to know for sure!
    thanks for posting

    Reply
    • Mar 1 2011

      Hi all… Do you know what TV stations (national) will cover it? I’m out of touch with day-time tv and I’d like to record it. Is it the Nancy Grace channel maybe? Mucho thankso!

      Sent from my iPhone

      Reply
      • Susan
        Mar 1 2011

        Since In Sessions is setting up a media center in a vacant lot next to the courthouse, they will probably be covering it heavily. That is shown on the TruTV channel during the day.

      • Mar 1 2011

        Ahh! Okay! Thank you, Susan. I sure appreciate it. Oh by the way, I read the latest story on Caylee Daily on my phone and Express is reporting the hearing begins at 9:00 am. have a great day all!

        Sent from my iPhone

  7. Hilde
    Mar 1 2011

    Andrea~~You are doing such a fine Job to keep all of us informed what is going on in this crazy Case. Thanks so much 🙂
    I don’t comment much lately, just waiting for the Trial finally to start!
    At the same time I do stop in frequently just to keep up with everything and to see what others have to say. I feel like I have said about everything already and don’t want to repeat myself and bore everyone.
    My Belief is that the Prosecution will have a solid Case to present to the Jury.
    The Defense will keep on trying to find any Loop hole they can find to establish reasonable Doubt.
    Remember it has to be “Reasonable” for the Jury to accept it.
    In the Meantime I will stay positive that Justice for Caylee will come soon!
    That precious Child deserves nothing less! JMO

    Reply
    • Mar 1 2011

      Hilde – you could not be boring if you tried! I love, love, love to read your comments – so don’t ever think anyone would find you boring! I sure do agree with you (now more than ever) that the Prosecution sure does have a solid case, and they and Judge Perry are smart enough not to let the Defense surprise them, or try to sneak items into the hearings or the trial that have not been documented in the discovery before hand. I do believe in justice – I do believe it’s coming – I do believe the State of Florida will deliver justice for Caylee’s sake very soon. 🙂

      Reply
  8. Hilde
    Mar 1 2011

    Andrea, may I make a Comment on the Color Your Replies show up. It’s Black! 🙂
    Normally Black is one of may favorite Colors however in this Case it makes for a small Challenge to read Your Replies. Just saying ok 😉

    Reply
    • Mar 1 2011

      Hi Hilde! Thank you for your feedback – I appreciate it so much. And I agree with you and have tried to change it but can’t. I think it’s part and parcel of this theme I’m using now. Anyway, I may change back to my previous blog theme – it wasn’t quite as radical as this one is. 🙂

      Sent from my iPhone

      Reply
  9. Mar 2 2011

    I will undoubtedly agree to the indigent status.

    Reply

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