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April 28, 2011

10

6 down, 1 double down, 1 to go

by Andrea O'Connell

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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10 Comments Post a comment
  1. Mona
    Apr 28 2011

    Thank you for the concise update! Though we have nothing in common with Orlando — I was hoping for jury selection in St. Lucie county so I could easily grab a seating ticket.

    I am wondering that without the mental health experts on the defense witness list — will the 31 days still be explained away within the first two minuets of opening statement?

    Reply
    • Apr 28 2011

      Hi Mona…. Well, Palm Beach is not too far from St. Lucie, right? It’s about an hour from me and I sure hope I’ll be able to take a day off to watch the proceedings as I am not likely to get to Orlando to see the trial. 😦

      Reply
  2. Apr 28 2011

    Great post, Andrea!

    Wealthy folks in Palm Beach would be better how? i think you have a good point on that but am not sure just what that point is! lol ‘splain, friend! BTW, I sent you an email!

    Reply
    • Apr 28 2011

      LOL! I just saw your email….I’ll check it out in uno momento!

      Did it sound like I was saying wealthy folks would be better? Darn… I meant to just point out that’s where the money is in Florida. (Well, South Beach is wealthy, too.) But, Palm Beach has Worth Avenue, luxurious homes, hotels, and, lest I forget, Mr. Trump is a resident, too….
      Palm Beach had the trial of William Kennedy when he was accused of rape in the 80’s, I think it was. (I have no memory at this time of night!)

      Reply
      • Apr 28 2011

        Donald Trump as a Casey Anthony juror-I’d love it! 😆

  3. Laurali
    Apr 28 2011

    I vacationed with my girls numerous times in Palm Beach. I would never consider Orlando and Palm Beach similar. Maybe he did go to visit a friend. I am loving all this evidence that is coming in, Casey should be worried.

    Reply
    • Apr 29 2011

      Hi Laurli,

      I know what you mean because when you think of Palm Beach you get a whole different aesthetic from Orlando! But then again, when you consider that Palm Beach also includes cities like: Delray Beach, Boynton Beach, Boca Raton, Jupiter, Manalapan, and a few more, it could resemble Orlando but for the theme parks that Orlando has. Then again, Palm Beach, and South Florida in general, is a tourist mecca, too. So, maybe I’ve just talked my self into believing there are indeed similarities! LOL!

      Reply
  4. Apr 29 2011

    Wouldn’t it be a real hoot and a total slap for Baez if Judge Perry called the jury from Orange county?

    hehehe

    Reply
  5. Apr 29 2011

    he he he… it would frye their arses once again, wouldn’t it?

    Reply

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