Today’s hearing began with a wimper as attorney Dorothy Clay Simms argued against the State’s botanist, Dr. David Hall. Dr. Hall will provide testimony about the root growth that was both through and around the remains of Caylee Anthony, at the grave site.
Regarding the duct tape with the residue of the heart sticker – we expected this motion would be argued at today’s hearing, but it was not. We learned today that this issue will be decided by the Judge through the pleadings (motions).
The argument by Linda Drane-Burdick on the issue of the Cadaver dogs, was effective. Mr. Baez’ arguments were on the weak side with regards to this motion. Mr. Baez simply could not overcome the arguments made by Ms. Burdick.
Ms. Burdick described the careful training of these dogs, the impeccable records kept, and the professionalism of both dog handlers. She even quipped, “Lawyers aren’t evaluated as often.”
With regards to the stain in the trunk. The argument today was a weak one by the defense. Mr. Baez suggested that the stain in the form of a young child in fetal position created “hysteria” in the public. Hysteria? I don’t think so. Sadness is more like it. Disgust and aversion for Casey would fit that bill, but not hysteria.
The most important point was made as a result of Mr. Baez stating, rather vociferously, “there was no DNA found in the stain.” Well, butter my biscuit, Mr. Ashton may have exclaimed under his breath! That’s pretty disingenuous of Mr. Baez! Mr. Ashton, however was calm, cool and collected when he said to the court, during a decomposition event, the DNA decomposes, too!
The defense was all drama all the time today. There was a bit of comedy, too. When Mr. Baez made cynical remark at the podium, Judge Perry, in a stern tone, advised Mr. Baez to cut out the editorial remarks, and added, ‘You want to make unrelated comments, see the clerk and pay $100!’ Judge Perry, early on in the hearing, was in NO MOOD for any foolishness. The players were much better behaved. They needed to be – Judge Perry would not stand for any foolishness!
The Frye hearings are over now; only Judge Perry’s ruling remains. With regards to these few days of hearings, the defense did not provide evidence strong enough for the Judge to exclude State evidence or witnesses. Mr. Ashton reminded the court that the arbiters of the truth will be the jury as they weigh the testimony of the dueling experts.
Though I cannot say for certain, but it seems to me that Judge Perry will be liberal in allowing all the evidence, despite how new some of it is. I tend to believe that Dr. Vass, the FBI analyst – Karen Lowe, Dr. Hall, the Cadaver dog evidence, and the stain in the car will all come in. In addition, my favorite attorney of all time, Bill Sheaffer, concludes everything will come into the trial, too.
The State has not finished deposing the two defense Psychiatrists and will have motions to present to the court in short order. These new witnesses will be addressed by the parties at the next hearing, scheduled for next Friday, April 15th, at 1:30.
On a separate note…. Voting continues until Sunday for Yuri Melich! Don’t forget to VOTE!