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28
Apr

6 down, 1 double down, 1 to go

Justice is in sight.

In the State of Florida v. Casey Anthony, six defense rulings have been denied, one has been denied a second time, and one more ruling is waiting in the wings.  And odds are pretty good that this final ruling-showdown will favor the State of Florida, too!

Let’s break it down:

  • The Heart Sticker evidence?  Admissible!
  • The Cadaver Dog Alerts for decomposition?  Admissible!
  • The Postmortem Banding on hair sample?   Admissible!
  • The Stain in the trunk?  Admissible!
  • The Reconsideration of Stain in Trunk?  Denied!
  • The Chloroform Searches and Amounts?  Admissible!

Decided today….

  • Testimony of Dr. Hall on Root Growth?  Admissible!  This was a no-brainer as Judge Perry had previously denied this defense motion and pointed out that this is pure opinion testimony – not relevant for the Frye hearing, though, in an abundance of patience, he allowed it to be argued during the Frye hearings.

And, the one remaining Frye ruling….

  • Air Tests to Confirm Presence of Decomposition.

This last ruling is important because it will be the first time the science has been used in any court in the United States.  This ruling will set precedent and pave the way for other courts to utilize the science to prove the presence of decomposition in air tests.

Just as DNA was in its infancy not long ago, new science emerges and proves beneficial in proving guilt or innocence.

In February 1988, Reporter Kirk Johnson, of the New York Times, writes the following about a case in Orlando, prosecuted by Assistant State Attorney Jeff Ashton:

Landmark discoveries of the 1970’s in DNA and genetic engineering have begun creeping into the world of the courts and criminal evidence.

In just the last six months, in a handful of courtrooms from New York to Arkansas to Florida, judges have allowed scientific testimony for the first time about blood and serum tests using DNA typing.

In Orlando, Fla., on Friday, for example, a burglary suspect was convicted of rape and assault on the basis of the DNA ”fingerprint” of his blood and semen.

The defense will be able to attack the use of Dr. Vass’ testimony in the trial on the basis of it being an emerging science that is not ready for prime time.  However, Dr. Vass, of the Oakridge National Laboratory, is extremely credible and, as we saw in the Frye hearings, is likely to do well in front of a jury and make the science easy to understand and completely probable.

Also, because a number of people will testify to the smell of decomposition present in the car driven by Casey Anthony, having science also confirm it factually is icing on the cake.

Will this be the Endgame for the Cries of Innocence?

We had Cheney Mason strutting out of the courthouse proclaiming this case would “be fun!”  We heard “innocent” over and over from Jose Baez.  And we even heard criminal Todd Macoluso say, in open court, Casey Antony was innocent, and the defense can prove it.

The Macoluso statement started a firestorm that would not be quieted and the State of Florida demanded the defense produce discovery to substantiate this claim.  So, the defense began to tout how they’d found Texas EquuSearch volunteers who will SWEAR that little Caylee’s remains HAD to be placed in the woods AFTER Casey was in jail, therefore she was innocent!

Well, we know the end of that story.

Judge “Sighting” in Palm Beach!

The media was abuzz today with the “sighting” of Judge Belvin Perry at the Palm Beach County Courthouse.  As a result, the speculation is plentiful that jury selection will occur there, just three hours from Orlando (and one hour from me)!

Many people, myself included, think that Broward County (Ft. Lauderdale), would make the most ideal spot to pick a jury as so many factors fit with Orlando when the demographics are placed side by side.  Broward County, however, would be a problematic place for this case to swoop down upon.  The Courthouse is old and small and the roadways are congested around the courthouse.  If the media descended, it could shut the system down.

Even though I sure hope that Broward County is chosen, my money is on Palm Beach – where the money is, incidentally!

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