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March 16, 2011


a hair’s breath away…

by Andrea O'Connell

It’s taking too darn long!

You know what I’m referring to, right?  I’m referring to the two big defense motions – the Miranda motion and the “Agents of the State” motion –  that were heard nearly two weeks ago in the case against Casey Anthony.

Ahhhhh! the suspense is too much!  (I can just imagine how anxious the lawyers are.)  However, the longer it takes for Judge Belvin Perry to rule on these two motions, the more we can be assured of a fair and meticulously researched decision.

But, please Judge, will you step on the gas there in Orlando, for us, please?  We are biting our collective fingernails out here!

Attorney Bill Sheaffer recently wrote an excellent blog posting with his analysis of how Judge Perry may rule.  If you haven’t yet read it, give it a look – you’ll be glad you did!  Blog Post: March Madness.

I have a feeling Judge Perry’s rulings won’t be filed until late on Friday…. oh, the torture!

State Files Response to the Defense over Post Mortem Banding

Attorney Jeff Ashton, for the Florida Assistant State Attorney’s Office, argues that the testing for decomposition apparent in the root of the single hair found in the trunk of Casey’s car, is not a novel science in most parts of the world.  However, in Florida, this testing has never been the subject of any court decisions, though it is generally very well accepted in the forensic scientific community.  Regardless, since this has not been the subject of a Florida court ruling, it would be appropriate to address the topic during the upcoming Frye hearings (March 23-25).

Interestingly, Mr. Ashton points out in the motion that the concern over the admissibility of the expert’s opinion is not the issue, as he’s provided enough case law to substantiate the acceptance of such opinions.   In a footnote, Mr. Ashton points out the following:

In this case it is interesting to note that the hair in question was examined by an expert in this area hired by the Defense who, after his examination, she declined to list as a witness.  To date no defense witness is disputing the FBI analysis opinion in this matter.

One can only assume that the expert hired by the defense came to the same conclusions of the FBI analysis.

Mr. Ashton included nearly 400 pages of peer-reviewed articles, book chapters, and testimony from a case in New York with regards to testing for decomposition in hair samples.  It appears there is ample proof this science is acceptable all over the world.

I’m sure it’s just a hair’s breath away from being accepted in Orlando, Florida, too.

Here’s a link to Mr. Ashton’s motion —> Response to motion to exclude unreliable evidence (Post Mortem Banding)

19 Comments Post a comment
  1. Mar 16 2011

    No biting those black nails, there Girl!

    I figure Friday but we may get lucky and have it tomorrow

    • Mar 16 2011

      LOL! I know, I can’t mess up my black nails! Gosh, I hope you’re right that we’ll get it tomorrow! I am so excited to learn what conclusions he’ll come to….it’s going to be really interesting!

      • Mar 16 2011

        As you said he will be fair and balanced. I am hoping WE will be happy

  2. 1520 Sedgwick
    Mar 16 2011

    Folks, I am afraid there is only one thing that would make me somewhat content about this child murder case. Either way I will learn alot about the law from the ruling.

    Love both blogs!

    • Mar 17 2011

      Yea and perhaps I can become an attorney after this case. Ok maybe not. But surly I can do a better job then Baez. Perhaps my motions will be more clear and right on!

      • Mar 17 2011

        I have no doubt about that, Shyloh!

  3. CptKD
    Mar 17 2011

    You kno what I love best about this newest State’s Motion? The fact that it is 300 pages, give/or take! Shows to me, that they put EVERYTHING into this one. Speaks VOLUMES as to the State’s position. They will fight with all they got, bringing all the case law and references they can to fulfill the req to ensure this Motion is GRANTED! Lets keep the faith in HHJP and kno he WILL rule so there are absolutely No Chances of future Appeal issues. Maybe he ll suprise us, and rule today on others –

  4. Mar 17 2011

    Lona1, I couldn’t get that link to work! 😦

  5. Mar 17 2011

    I guess that would be the caylee daily!

  6. Lona1
    Mar 17 2011

    link works fine for me

  7. cali patti
    Mar 17 2011

    okaay enough time, its thursday already, wheres the info from Judge Perry.

    • Mar 17 2011

      I agree with ya, Cali Patti…. WESH’s Bob kealing said the rulings will be released tomorrow…….. finally!

      • cali patti
        Mar 17 2011

        Do you have a “feeling” as to how Judge Perry is going to rule?

      • Mar 17 2011

        I think he’ll rule against the defense and allow the Universal Studios interview in…. but, there’s still a speck of doubt in my mind, too. I just hope it will come in, though it won’t be a show-stopper if it’s excluded….

  8. katydid
    Mar 17 2011

    Hey Guys,
    On another thread someone said the tape has an unidentified finger print on it. I don’t remember reading that anywhere. Is that true?

  9. Mar 17 2011

    katydid, no fingerprints were found on the tape pieces.

    • Mar 17 2011

      That’s what I thought, too, Sherry… 🙂


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