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March 19, 2011

13

icing on our cake

by Andrea O'Connell

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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13 Comments Post a comment
  1. Mar 19 2011

    Geesh! Only a lawyer interested in defending the likes of Casey Anthony would put their good(?) name on the line and be found dancing naked on the beach with another naked man! Obviously, this man meant more to him than his career!

    Poor Casey. NOT! The jury will be privy to her ‘tude during the whole time after the 911 call. Before then, she was a party girl in those 31 days! But after, she was giving cheesy smiles for the flier that OCSO was creating and whenever Lee came for a visit she was all happy/giddy.

    You mention the first phone call to home by Casey and it makes me wonder what Lee meant when he said something on the order of “Is this like the last time, Casey? I’m not going to let you hurt mom like that again. “

    Reply
    • Mar 19 2011

      Hey Sherry! I’d forgotten that…yes, I wonder what that reference was about. Perhaps all the money stolen from Shirley P., Cindy’s mother? I need to refresh my memory on when that occurred, or when Cindy became aware of what Casey had done. I want to say that was the event that caused Cindy to physically attack Casey….Do you know, Sherry? I plum forgot!

      Reply
      • Mar 19 2011

        I’m not real sure but Mark Hawkins made the remark in his depo (or was that in his statement to LE?) that Casey would leave with Caylee for awhile whenever Casey was mad at her parents. I have always thought it may be that Casey had taken Caylee away before to Cindy.

      • Mar 19 2011

        Here is the call~
        http://www.wftv.com/video/16991942/index.html

        It was “what you have been putting mom through for the last four or five weeks.” Oops, I thought he said what she had put her mother through before. I swear I thought he said that but its not on this tape! 😳

      • Mar 20 2011

        Thanks, Sherry… It’s unbelievable, isn’t it? Sheesh!

  2. Rob
    Mar 19 2011

    Andrea, You never cease to amaze me with your clear and through post. How you do it each day is really a great accomplishment. I know you work full time, and have all the other daily activities that also need your attention. Thank goodness Judge Perry researched his decision in such a scholarly fashion. He has a very good record when it comes to appealing his decisions. The jury will get to see the actions of a cold blooded killer. Never once did she show any concern for her baby girl……. Only for herself. This case has to be one of the most bazaar I have ever followed. It is good to know that the judge will not put up with any of the foolishness of the likes of Baez and Mason.

    Reply
    • Mar 20 2011

      Hey Rob, Thanks so much….I have to admit, it is not easy to write every day after work, but I signed up for this write a post a day challenge… So far, so good, I’ve posted every day since January 1st! Thank goodness the Casey Anthony case gives me so much material to write about – it makes it easier.
      I with you in the opinion that Judge Perry won’t allow foolishness in his court – he is determined to get this trial done and done right!
      He will see right through Casey Anthony, too. When it comes to sentencing, he will not be kind, as he’s proven in the past not to be a pushover.

      Reply
  3. CptKD
    Mar 20 2011

    I honestly think at this point, that Judge Perry will NOT be very tolerant of the shenanighans and bull the DT’s pulled in the past. The trial is drawing near, there’s the Frye hearings this wk, and then just over a month before Jury pickings start. He is NOT going to allow any nonsense from here on out, and trial will proceed as scheduled. Unless, Inmate Anthony comes to her senses and realizes that it is over for her, no matter where she turns from here. I think I’d be asking for the ALFORD!

    Reply
    • Mar 20 2011

      I surely agree with you, CptKD! I need to look up the ALFORD law… I highly doubt Casey will come to her senses… she’s in a another realm – she’s in her own little world on her own little island of delusion…

      Reply
  4. cali patti
    Mar 20 2011

    Remember the phone conversation between Casey and her parents when Cindy was asking about Caylee and she began crying? George took over conversation with Casey. Casey asked in a snarky attitude , Whats wrong with her (referring to her mom)why is she crying? Casey was so self-absorbed .
    That conversation really shows Casey being Casey.

    Reply
    • Mar 20 2011

      Hey Cali Patti – I sure do remember that (just watched it again not too long ago) That was so bizarre, wasn’t it?! What a question: “why is she crying” Totally inappropriate and self absorbed like you say.

      Reply
  5. CptKD
    Mar 20 2011

    Oh I couldn’t agree more with you, Andrea. She is definately in a Universe, all of her own. She thinks she’s some STAR and having all that money going for HER case and trial – Come on… Why stop now? Now, on the other hand, in a REAL world, with ALL cards on the table, and a REAL talk from TRUE attorneys…My bet is, if it were you or I, or any other Normal and SANE individual, we’d pretty much, probably all be pleading for the ALFORD! As we kno on the flip side tho, she is not sane or normal!

    Reply
  6. CptKD
    Mar 20 2011

    Andrea, I did some further investigating into the ALFORD PLEA, and wouldn’t you know, Innate Anthony doesnt even have admit guilt in pleading out this way. She is simply conceding that the State has enough evidence to prove her guilt, and she has a reasonable belief and or expectation that the Jury will find her guilty and sentence her to death. I understood it to be, that she would HAVE TO admit to the crime, but that appears to be NOT the case. Now that would have me beggin to see JP – STAT!

    Reply

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