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April 29, 2011

30

no ruling, but a newsy day all the same

by Andrea O'Connell

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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30 Comments Post a comment
  1. Apr 29 2011

    hiya Andrea!!

    So sorry for the few and far between posts! I have been working 10 hours a day and it’s spring!! In Texas! (that means my allergies are killing me)

    Wonderful news lately! Thanks for keeping me up to date!!

    Reply
    • Apr 30 2011

      Hi Kim! Sorry for my late reply! I’m enjoying a quiet Saturday… I hope you are, too. Working 10 hour days? Darn, Kim, that’s not fun! Hope you’re enjoying the weekend and resting… It sure feels like summer is here in Florida… hot, hot, HAWT!

      Reply
      • Apr 30 2011

        I am trying to relax between loads of laundry, paying medical bills $5 at a time and crazy dogs that miss momma being home all day every day – lol!

        I have to keep working these hours to be able to keep paying and hopefully have some vacation time in September.

        It has been in the 90’s here in Texas for weeks now

      • Apr 30 2011

        I hear ya… weekends and laundry are synonymous for me, too. Blah! I do the same with my dog….just love him up on the weekends! 🙂

  2. Lona1
    Apr 29 2011

    As the saying goes, ‘it will all come out in the wash’….and Cindy should know that.
    The prosecutors will call them hostile witnesses and it will be ‘GAME ON’.
    🙂
    I am so looking forward to May.

    Reply
    • Apr 30 2011

      Hey Lona1, Yes indeed, I bet the State will be allowed to call handle them as hostile, which will be all the more difficult for them because the State will be able to ask them leading questions, and we know Cindy Anthony – she would rather lead!

      Maybe the both of them will try to be on their best behavior, but I can’t imagine it will last very long…. They just can’t help themselves. Oh yes, the sparks will fly in Orlando, and it won’t be from Wonderland Park, either!

      Reply
      • jon
        May 2 2011

        Andrea: as you know, I’ve been watching this from the beginning and, like so many others, am fed up with Cindy and George, esp. Cindy who seems to think she’s entitled to whatever she wants. It’s time to pay the piper and play by the rules of the State! I do hope they’re not allowed to sit in on the trial before they’re called and that their back tracking, tampering with evidence (the hair brush and who knows what else) and their obstruction are used against them. I hope too that they’re made to realize that if they had just told the truth from the beginning and not to tried to run things according to their rules (or should I say Cindy’s rules) these issues would not be coming down on them. I know I joke a lot on these blogs, but I feel very strongly that if you or I were in their situation we would have conducted ourselves in a very different manner from the A’s. I realize they’ve lost their granddaughter and stand to lose their daughter as well, but it’s time they were made to look at themselves and see/admit their role in all of this. There, I’ve said enough!

      • May 2 2011

        Absolutely, Jon. They have made the bed they lay and lie in. They should not be given any special treatment and should only be allowed to sit in after testifying. However, if they are then called by the defense it will not be fair, IMO because they will be able to twist the truth even more. I hope what happens is the jury will see thru them, as we have, and they will realize they speak for their own twisted sense of justice for Casey, leaving the victim, Caylee, in the wind. But that’s all right, Caylee will have stronger voices speaking on her behalf for justice for her murder.

        Sent from my iPhone

      • jon
        May 2 2011

        If they are called by the defense, Ashton and/or Burdick will rip them apart on cross examination. I have a feeling that they only dig themselves into a deeper hole in this scenario.

  3. Lona1
    Apr 29 2011

    Ms. Notorious and Infamous will get a taste of death soon. Each time a witness for the State testifies at trial, the statements and THE TRUTH will make her feel as if she’ll getshit with little eletrocutes each time.
    She is 25 years old and accused of Capital Murder.
    25 years old and prosecution is asking for the Death Penalty.
    She is 25 years old and looks like she is 38 years old.
    She is 25 years old and has not been married, never worked, has not not graduated from High School.
    She is 25 years old and has mooched off her family all her life.
    Arrogance and hate killed Caylee Anthony, and her mother is going to suffer dearly for the rest of her life. The suffering for Casey Anthony will BEGIN with the upcoming jury selection AND WILL NOT STOP UNTIL SHE IS DEAD HERSELF, ONE WAY OR ANOTHER!

    Reply
  4. Apr 29 2011

    If the State calls on those doctors for psychological reasons then wouldn’t the defense have a problem with that? I suspect there is a clean bill of mental health as far as any psychosis with Casey is concerned.

    For this defense team to think they rank in the same class as the lawyers in that book that have a difficult time arguing the forensics against the state is laughable. The B-M team hasn’t even given it an intelligent try! Their arguments fell short time after time. I can bet that HHJP knew how the defense could have made their arguments but they didn’t so the jury gets to see all the evidence.

    Reply
    • Apr 30 2011

      Hey Sherry, Oh sure, the defense will have a huge problem with it, but it’s their own fault for trying the tactic of bringing on these doctors when they should have known it was a gamble.
      They wanted those doctors to testify for Casey – that can’t happen, but they thought they may have a chance to win the motion. Judge Perry is too smart to allow that.
      So, as the state was doing their job, and taking the depo’s of these experts, they must have gotten the docs to reveal things about Casey that will bolster their (the state’s) case. Too bad, so sad!

      Reply
  5. damagdpets
    Apr 30 2011

    I don’t see where Perry had a choice in determining these motions. The state had evidence tested in labs by machines that have been around for ever. The defense did not test anything. They instead paid a mouth piece to refute evidence based on reports submitted. My big deal is why didn’t the defense test anything? An attorney I know told me that when a defense attorney questions his client, that is what determines whether they will have testing done. So what did Baez find out through his talks with Casey that made him decide not to test things? Is it possible he already knew there would be a chloroform spike? Did he know that there may be chemicals associated with decomposition of the human kind? This has turned me a little sideways knowing that the DT only had to ask the court for money regarding laboratory testing and they would have gotten it. Because they didn’t, places a damaging picture in my head. It’s never been about money no matter how many time Baez said his client was indigent. He asked and received tens of thousands of dollars to have two PI’s run around and intimidate witnesses and mark things on pictures that the witness later claimed to be false. I think there was more money spent looking for something that was not there instead of testing the only evidence they had.
    If I remember correctly Dr. Furton was asked if he tested any of the evidence and he said he was only told to review a test done buy others and write a report. I do remember Baez getting in trouble for not having the reports. I think he figured to get away with it but Ashton and the judge made sure all was on an equal playing field…..Film at 11….lol

    Reply
    • katydid
      Apr 30 2011

      Hi damagdpets …Good questions….Hey I was banned over on jbmission blog.

      Reply
      • katydid
        Apr 30 2011

        Incidentally, I don’t find any of them as smart as they think they are.

      • Apr 30 2011

        I have always been under the impression that the “JB” (Jose Baez) “Mission” is connected with the defense team. Does anyone know if that’s true?

      • damagdpets
        Apr 30 2011

        Andrea, I honestly believe the JBMission has nothing to do with Jose Baez. The idea does not make sense from a legal stand point. I am allowed to comment there but have never been taught the secret handshake…lol. I do enjoy the theories as long as they are not harmful to unsuspecting people.

      • Apr 30 2011

        Well, that’s good! You know, a lot of people are conspiracy theorists, and that’s fine with me…. I just don’t like people being rude if they don’t like your opinion. Wouldn’t life be boring if we all had the same opinions?!!

      • damagdpets
        Apr 30 2011

        Sorry that happened to you. Like all blogs, each blog owner has their own ways of doing things. I think the thing to remember about blogging is no matter what truth you know, someone else has a different truth.

    • Apr 30 2011

      Absolutely, they could have had testing done – just like they tested the shorts, remember? That was no issue. BUT, the reason they didn’t test? Because the DT would be forced to reveal the results of the testing! That would put them in a horrible position – worse than they are now. Just like what happened with the two Psychologists, they revealed something the State can use to their benefit. That’s the long and short of it from the defense perspective.
      There’s no question Baez knows she’s guilty. Mason knows, too. I am positive they told her not to tell them if she did the crime because they don’t want to know. Their job is to challenge the State’s case…. not to put on a case for Casey…. The problem is, they took this case, now they have to suffer the consequences…. I would think they are feeling pretty defeated at this point. They are defeated before they have a chance to really play ball.

      Reply
      • damagdpets
        May 1 2011

        Andrea, I think the defense had a real out when they had the the shorts tested. If they had found Caylee’s DNA or Casey’s DNA, they could have said it was supposed to be there. If they would have found anything else then they could have blamed LE and the FBI for shoddy work. it was a win, win for the defense to have those tests done. Thing is they didn’t find any DNA which goes to the belief that DNA breaks down and goes away as part of the decomp process but at the same time the DT wants you to believe if there was no DNA in the truck there was no body in there. This leaves the DT with an uphill battle in at trial.

  6. offthecuff
    Apr 30 2011

    By use of this article is Baez stating he should be allowed to not do his job

    or that it’s OK if he does it poorly?

    Reply
    • Apr 30 2011

      Good question, offthecuff! It does make one wonder if the article is not actually slapping their own team in the face. Are they already thinking along the lines of appeal by ineffective counsel? It’s odd to add an article like this into the court record without any substance, or position attached to it.

      Reply
    • damagdpets
      May 1 2011

      offthecuff,
      I took that article as a professional courtesy (Threat) of how appeals come up with forensics after trials. Seems Baez and Mason cannot win a motion the way they write them so why not complain via others writings and motions. Their whole defense strategy was to have state’s evidence thrown out. Going over their witness list there is no other defense as far as evidence is concerned. There are tons of interviews and depositions where people have lied so I’m thinking it’s the only other avenue to take. Reasonable Doubt of an existing witness(s). Remember, there will be no Perry Mason moment when Zenaida, Jeff and Juliet walk into the court room to exonerate Casey. Moot point…if they existed this case would have been over a couple years ago…..

      Reply
  7. LongbranchLady
    Apr 30 2011

    I went over to that JB Mission blog to see what it was all about when Katydid said she got banned. I’d never heard of it before.

    Boy, they’ve all have got their heads buried in the sand with their poor little innocent Casey routine and how LE is railroading her. Delusional I’d say.

    Reply
    • Apr 30 2011

      Hi L0ngbranchLady! I expect that it’s someone related either to the defense team or the Anthony’s writing the blog. It has to be – who else would be posturing about Casey getting railroaded? All the talking-head-lawyers are saying, in unison, that the gig is up for the Defense’s case. They are in a very tight spot right now – they’ve painted themselves in a corner, just as we all knew they would.

      Reply
  8. damagdpets
    Apr 30 2011

    katydid, I can offer some words of advice if you want them. In this wonderful world of mass media you have to be careful. There are blogs out there that will follow you around to make sure you are not saying something bad about them. It’s happened to me several times. Your 1st amendment rights are only as good as the blog you are on and if you are caught on another blog. The blogs aren’t any different than when you were a kid playing ball. One person always owned the ball and the rules were…My ball my rules or you are not playing. Blog, ball, I don’t see a difference in the control issues. This is where Andrea gives me the boot! lol

    Reply
    • Apr 30 2011

      LOL! My friend, damagdpets, I have only given one person the boot, it was Michelle from Michigan because s/he was upsetting other people and insulting people.

      There are people, like GasCanGeorge, that have differing opinions, and I respect that as long as they’re not rude to people, and GasCanGeorge is very pleasant. Fortunately, the folks who read and post here are very nice folks.

      You bring so much to the table, and I always enjoy your posts. 🙂

      I don’t have the time to monitor other bloggers – but, I’m sure there are people out there who take their blog more seriously than I do… I do it because I love to write and want to improve my writing. The fantastic benefit of blogging is meeting such great folks, like you, and everyone here who contribute so much. 🙂

      Reply
  9. katydid
    Apr 30 2011

    Over on JB they were discussing the pings. LE stated they used the pings to track KC during the crucial dates. They commented if that was so…why didn’t they find Caylee’s body.

    Here is the answer to their comments. Pings don’t work that way. Pings only work off towers…If there is only one tower in that neighborhood the ping would only be on that tower. You cannot GPS after the fact. But technology is catching up, it is amazing what the carriers can do now.

    How do I know….I work for a major mobility company. Have since 2004.

    Reply
  10. char
    May 1 2011

    Please don’t forget to vote for Yuri Melich. He is running first and I hope we can keep it that way to show our appreciation for all his hard work.
    http://www.amw.com/allstar/2011/nominee-detail.cfm?id=9324 or click on spot on this website
    Thank You

    Reply

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