We waited and we waited and we waited and still no ruling about the Frye motions in the State of Florida v. Casey Anthony.
It seems the good Judge Perry is weighing the issues carefully. After all, if the science from Dr. Vass and the Oakridge National Laboratory is allowed, it will be precedent setting. Assistant State Attorney Jeff Ashton was the first to introduce DNA evidence, and may be the first with the odor analysis from the air, too.
Also today, the Orlando Sentinel is reporting that George and Cindy Anthony’s attorney filed a motion regarding excluding them from the normal rule of sequestration that most witnesses in a trial have to abide by. The Anthony’s, since they are next of kin, want to attend the entire trial despite their testimony. The purpose of sequestration for witnesses is so their testimony will not be colored by the testimony of other witnesses. It stands to reason this motion will have to be argued, especially because Judge Perry already indicated the Anthony’s may attend after they testify.
Defense Motion in Limine
Today the defense filed another Hail-Mary motion In Limine to exclude evidence or testimony about the “31 days” and “social behavior,” including photo’s that suggest Casey Anthony was partying and having a grand old time. Click here to read the motion.
Since evidence or testimony about a defendant’s character is inadmissible, the defense makes the argument that Casey Anthony’s “social behavior” during those 31 days is inadmissible as it tends to address character, not consciousness of guilt.
The defense believes that if the jurors hear about the defendant’s actions during those 31 days, they will mistake what is “character” testimony/evidence for consciousness of guilt evidence/testimony. In short, the defense is arguing that the 31 days proves nothing and the partying photos prove nothing as it relates to consciousness of guilt.
There is no way Casey Anthony’s actions during those 31 days would be inadmissible – her actions speak loudly of consciousness of guilt. Here are just a few of the reasons why:
- Not a soul was told of Caylee’s “disappearance”, on the contrary, friends and family were told elaborate stories of Caylee’s whereabouts using Zanny the Nanny – who does not exist – as a cloak. This is clearly consciousness of guilt as stories were concocted as a cover to avoid detection.
- Because a deliberate effort was made to flee from her family’s detection, it clearly speaks to consciousness of guilt.
- The partying during the 31 days could be construed as an effort to act “normal” as if nothing were wrong.
- Getting a tattoo to convince herself and others that hers was a “beautiful life” despite a missing daughter, was meant to deceive.
- The stories of the “calls from Caylee” – told to Amy Huizenga, and the detectives – were to convince Amy that Caylee was happy, and to convince the detectives that Caylee was alive but being held by Zenaida.
Needless to say, there are many more examples that the state will use, the most damaging evidence of guilt are those 31 days. What mother waits 31 minutes when harm comes to their child? There is no way around it – those 31 days tell the story.
This is easily the most damning evidence, bar none.
Not a chance this Hail Mary is caught at the one yard line.