it was a wild day (in orlando)
“Oh, baby, it’s a wild world,” wrote Cat Stevens in his song of the same name.
The events of yesterday, in the Orlando trial of the State of Florida v. Casey Anthony, were wild!
The day was complete with news flash after news flash – one wild story after another wild story.
What happened? A great deal! Here’s a quick run-down:
- The Defense wrote an eleventh hour hail-Mary motion to the Fifth District Court of Appeals asking to be given an extra ONE MONTH to file a response to the Petition for Review that the media had filed. The Defense claimed they hadn’t sufficient time to oppose the “Confidentially Agreement” authored by Judge Perry, and needed at least a month to prepare their response. Their motion was filed just before the 10:00 deadline.
- The Fifth District Court of Appeals, having read the above mentioned motion, took no more than five minutes to respond: DENIED!
- An emergency hearing was called by the Court to listen to arguments concerning: The Defense motion opposing the venue to pick a jury, and the two motions with regards to the sequestration of George and Cindy at the upcoming trial.
- With regards to the defense’s motion opposing the jury selection location (the motion was sealed), it ended up being withdrawn by the Defense.
- With regards to the Defense’s motion in favor of almost total sequestration of the Anthony’s, that motion was denied by the Court. This defense motion argued that they would be impeaching George and Cindy at trial; and their attendance would not be fair to Casey’s right to a fair trial. However, when Mr. Cheney Mason argued this motion yesterday, Judge Perry told Mr. Mason that he did not meet their burden of proof. You see, just because you announce Casey would be prejudiced doesn’t mean she will be! The defense needed to produce facts, and case law suggesting this, but they failed to do this – not meeting their burden.
- The Judge ruled in favor of the Anthony’s motion to be present in the courtroom. It was very telling that Judge Perry also pointed out that should anyone, during the proceedings, even raises an eyebrow, or smirks, or wiggles their disdain – OUT from the courtroom they will go, not to return! How long will the Anthony’s last under that rule? Ha! I am certain that Judge Perry, though he only has one working eye, has eagle-like vision for these things, don’t you?!
- At the conclusion of the hearing, and prior to the ruling coming down with regards to the media appeal to the District Court of Appeals, Judge Perry’s final words at yesterday’s hearing were, “See you 8:30 Monday morning!” The Judge knew his ruling would stand, and indeed it did, but only in part.
- The ruling that we all were waiting for, came down from the Fifth District Court of Appeals, later in the afternoon. The trial will not be delayed by the annoying motion filed by the media – it was denied in favor of Casey Anthony’s Sixth Amendment Right to a Fair Trial. However, the confidentiality agreement, written by Judge Perry, was disallowed. This means, the media outlets will learn of the location Monday morning.
- Cindy Anthony made it known that she intended to visit her daughter at the jail Saturday (today) morning. Of course, Casey Anthony denied the visit. It would not have been smart, from a defense perspective; their relationship is too volatile and would likely just create issues for the Defense.
Oh yes, it was a wild day, yesterday!
But, we still don’t know if the Dr. Arpad Vass ruling, which would allow his testimony concerning the controversial air tests, is going to be allowed. I suppose Chief Judge Belvin Perry, Jr., has too much on his plate right now, and out of an abundance of caution, wants to ensure he has dotted every “i” and crossed every “t” before he releases his ruling.
It appears that Jose Baez thinks Vass testimony will come in. Why? Because yesterday Assistant State Attorney, Jeff Ashton, advised the court, bemusedly, that Mr. Baez had recently “dumped” 5,000 pages of literature upon his desk.
Judge Perry asked Mr. Baez, why and he opined that he needed this material in cross examination, perhaps to impeach Dr. Vass, or to perhaps bring up opinions that were in conflict with his.
Jeff Ashton simply demurred and suggested to the Court that he’d deal with it as it happened (in trial).
Therefore, can we take this to mean that Judge Perry has already hinted to the Attorney’s that the evidence is coming in? Has he advised them ahead of the actual filing of the ruling? I tend to think that’s the case. And I imagine that since the ruling will be a precedent-setting decision, the written ruling has to be carefully authored.
Yesterday, before the start of the emergency hearing at 1:00 p.m., the parties and Casey Anthony, were in an in-camera session with the Judge. When they returned to the courtroom, it appeared that Casey Anthony was distressed, and may have been crying. Had she just learned that the defense lost the Air Test for Decomposition Frye motion, too? Is reality beginning to sink in? Surely it must be.
When you stack all the evidence up, it’s a strong chain. Consider just this list in the ever-tightening chain:
Her police interview and statements, the jail video tapes, the jail phone calls, her mother’s 911 calls, her own 911 call about the protesters, her mother and father’s interviews with police, the Cadaver dog alerts on the home and the car, the chloroform test results, the post-mortem-banding of the strand of Caylee’s hair, the heart-sticker evidence, the plant growth evidence, photos of her partying at Fusion, the Bella Vita tattoo, the computer searches for chloroform, neck-breaking, etc., testimony about the smell of the squirrel, Zanny the Nanny, the testimony of her friends, and now perhaps the air tests?
I wouldn’t be smiling either.
It’s hard to get by just upon a smile.
~ Cat Stevens