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29
Apr

no ruling, but a newsy day all the same

Still today there is no word yet on the final Frye ruling in the State of Florida v. Casey Anthony.   As you probably have heard by now, the Anthony defense team has suffered major blows to their case as a result of Judge Perry ruling the below evidence will be considered by the jury:

  • The Heart Sticker evidence
  • The Cadaver Dog Alerts for decomposition
  • The Postmortem Banding on hair sample
  • The Stain in the trunk
  • The Chloroform Searches and Amounts
  • Testimony of Dr. Hall on Root Growth

Still waiting for this final ruling….

  • Air Tests to Confirm Presence of Decomposition (Dr. Vass)

The remaining ruling will help the jury realize that in the trunk of the monsters car, laid the body of her own daughter.

Having the science confirm the presence of little Caylee in that trunk will give final credence to the rest of the evidence of decomposition.  The science will bolster Cindy and George’s recollection of the smell (before they changed their thinking and claimed it was garbage), Lee Anthony smelled the smell, law enforcement officials, familiar with the scent of human decomposition, recognized the smell and knew it was Caylee; a Cadaver Dog alerted to the trunk of the car – confirming the presence of the odor, and Simon Burch, at Johnson’s Wrecker Service, knew that smell and stated that it was nothing like the smell of rotting garbage.

Hearing on Monday

There is a hearing scheduled for Monday, May 2.  Perhaps Judge Perry will advise the attorneys when to expect his final ruling on the air tests (testimony of Dr. Vass).

The State requests Transcripts of George and Cindy’s March 2, 3, and 4 Testimony

The testimony in question is related to the Miranda motions and the “Agent’s of the State” motions brought by the defense.  It leaves one to wonder why they are requesting these transcripts, so I’m going to speculate why!  Could it be to set up scenarios of perjury for impeachment purposes?  Or, perhaps it’s to answer the motion written by the Anthony’s attorney in which he requests that the Anthony’s be excused from the witness sequestration rules.  The State my have pinpointed instances in which George is influenced by Cindy’s testimony, or vice versa.

I would expect this Anthony motion will be argued at Monday’s hearing.

The State Adds the Defense’s Doctors

I almost forgot…The State has added the two psychologists that the defense originally wanted to use to ‘splain away the 31 days.

This cannot bode well for Casey Anthony.  Did the two doctors, Drs. Danzinger and Weitz,  reveal to the prosecution that Casey does not suffer from PTSD or a similar disorder?  Did they diagnose her as a Sociopath, or with a similar condition?

Emergency?  Emergency Motion? 

If this is an emergency, we’re all in trouble.

There was a motion proffered on behalf of multiple news organizations to fight the Judge’s rule that news organizations sign a confidentiality agreement with regards to where the Court is going to pick a jury.

By signing the agreement, the news organizations will learn in advance of the location of the jury selection, giving them time to set up and settle in.  The organizations who refuse to sign the agreement?  Well, they are S.O.L., and won’t learn where the jury selection will be held until the proceedings actually begin.

The motion suggests that Judge Perry is violating the First Amendment by curtailing the press in this way.

The motion may be heard on Monday.

Your Homework, Judge

Finally today, one of the news outlets (I can’t recall which one), reported that the Defense filed a memo that had a 97 page Virginia Law Review article attached to it.

The article is entitled:  Invalid Forensic Science Testimony And Wrongful Convictions, written by Brandon L. Garrett, and Peter J. Neufeld (of the OJ Simpson defense team).

I read a bit of the article and it’s purpose is to reveal the errors that over-zealous prosecutors have made in their use of forensics when defense counsel fails to adequately challenge the evidence. The paper discusses this from an innocence perspective and wrongful convictions that have resulted from some error-prone forensic testing.

I agree, this is a terrible problem.  However, I refuse to believe this is the situation in the Anthony trial; the prosecution appears to have done due diligence with regard to their forensic case.

And, to be honest, the defense submitting this document to the court without an argument or memorandum or a motion does little to help their case, in my opinion.

What is Judge Perry to say about this article?  He’s probably already read it!

I would think he’d say, thanks for the article, boys, but what’s the beef?

Kind of silly, huh?

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