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19
Mar

icing on our cake

There is a lot to discuss these days regarding the State v. Casey Anthony case. Just yesterday, the defense filed 3000 pages worth of depositions and we got teased with juicy reports from them, but have yet to see them; Casey Anthony had another bad birthday in jail, and also, the story about the Judge Perry’s rulings. The news was surely not the icing on Casey’s birthday cake, but the rulings were sure sweet to us!

I think many of us, myself included, realize now just how strong the case against Casey is.  As a result of yesterday’s rulings, justice for the beautiful little baby who desperately needed protection, but found none, is nearly assured.

The Agents of State Ruling

Last night I discussed the Universal Studios interview ruling which allows statements, both written and spoken, to come in to the trial.  The other showstopper ruling by Judge Perry allows all the jail videos of Casey in to the trial.  Those videos will be damaging, too.  And that initial phone call from jail that Casey made.  Remember that?  That phone call is exceedingly harmful for the defense.  How will they overcome that phone call?  The jury will see the true Casey, only concerned with talking to her boyfriend; not in the least concerned about Caylee and angry that all her family is thinking about is Caylee, not her!  She refers to her phone call as “a waste, a huge waste” when she didn’t get the sympathy she wanted.

How in the world can the defense overcome this phone call in the eyes of the jury?  Perhaps they could argue that Casey was not concerned about Caylee during that phone call because, heck, she’d been arrested on a “f__king whim.”

So, the second ruling issued by Judge Perry last evening is another show-stopper.  It may even be more damaging than the statements to police.

Personally, I never believed this was a strong argument for the defense since the Anthony’s were hardly working at the behest of Law Enforcement.   Cindy already had a contentious relationship with John Allen and Yuri Melich, and hardly wanted to do their bidding.  In fact, they were becoming harmful to the case, as we know.   When the Anthony’s began to realize the finality and the totality of the charges against Casey, they dug in their heels to defend her.  But, this was long after the video taping at the jail.

The fact is, the state will use these videos and the phone call to illustrate who the real Casey is: someone who is rude and hateful to her parents, who couldn’t bear to talk about her daughter, and who saw herself as a victim by virtue of being in jail.

Not good.

In his ruling, the Judge writes that the test to determine if law enforcement officials are coercing someone to be an agent of the state depends upon the “perceptions of the suspect, not the intent of police.”  Judge Perry goes on to say:

To determine if whether a private individual acts as an agent of the state, courts consider all of the circumstances and the following two factors: (1) whether the government was aware of and acquiesced in the conduct; and  (2) whether the individual intended to assist the police or further his own ends.

It appears as if this test is to consider Jail-house snitches, not family members!  The strange aspect about the defense’s presentation of their motion is the fact they did not put Robyn Adams, Maya Derkovic, or Sylvia Hernandez on the stand, though they were all named in the motion.

Judge Perry found that the members of law enforcement did not in any way “use” the Anthony’s to further their case, or walk over Casey’s Constitutional Rights.  Judge Perry found that because the Anthony’s “were acting independently of law enforcement, they cannot be deemed “agents of the State.”

Todd Macaluso Bare-Bum on the Beach??

One of the most amusing stories to come out yesterday was John Allen, in a defense deposition, advised that there’s a video out there with Todd Macaluso and another man dancing nude on a beach!

Here’s the dialogue that was included in the a story published by the Orlando Sentinel:

Allen: “I remember at one point the guy that was on the video running around naked with a guy holding hands on the beach —

Baez: “Todd Macaluso.”

Allen: “Macaluso.”

Mason: “What?”

Allen: “He was on a video, a U-Tube [sic] video running in the water holding hands with some other guy naked. You probably saw it, right?”

Mason: “Was it Jeff?”

Allen: “That guy stood up in court —”

Drane Burdick: “I’m sorry, you said (Assistant State Attorney) Jeff Ashton?”

Allen: “The guy he was holding hands with wasn’t Jeff Ashton …”

Drane Burdick: “Was it Jose?”

Baez: “It was not Jose.”

Baez then asked that they go off the record. “I’m trying to get this picture out of my head,” he said.

You can’t make this stuff up!

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