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Posts tagged ‘Evidence’

26
Jun

damned if she does; damned if she doesn’t (take the stand)

The incompetence of Jose Baez has been the subject of many of my posts. I will never understand how a lawyer without ANY experience in Murder One cases, would keep the Casey Anthony case.  Moreover, who could believe that a case that has America transfixed, would end up having a defense and lawyers that are brunt of jokes and clear laughing stocks?

credit: Orlando Sentinel

Let’s say, very hypothetically, that Casey is innocent and Jose is her lawyer.

No, let’s not.  The outcome would be tragic.

The organization, the Innocence Project , fights for the lives of thousands of innocent people as a result of incompetent lawyers.  We can only hope that the American Bar Association will come up with a better system to monitor the work of lawyers.  Likewise, we can only hope that criminal behavior could somehow, magically, be curtailed.

But, when there are terrible lawyers trying cases they are not qualified to try, as obviously happens, what can be done?  Apparently, the answer is: Nothing.

Objection!

Couldn’t Judge Belvin Perry have put Baez on a shorter leash?  Couldn’t there have been “OBJECTIONS!” to that horrible opening statement of which no evidence exists?  Did the State want Jose to take this route because they knew he’d be digging a hole he’d never be able to climb out of?

I’m told by a criminal defense attorney, here in Broward County Florida, that Jose Baez would not have been able to give that opening statement in this county.  He would have been stopped in his tracks.

This makes me wonder why it was allowed to happen in Orlando Florida?  Did Baez make a promise to the Judge that he could back this up?  The only way that Baez can get this evidence in would be to put Casey on the stand.  Did Baez promise the Judge and the State that Casey Anthony would go on the stand and testify to this?

I doubt it. However, I believe that may be what’s coming.  Is that why the court recessed so early this past Saturday?  Did Baez and Cheney finally realize Judge Perry would not let this drowning or molestation hearsay testimony in?

Is putting Casey Anthony on the stand the ultimate, final, Hail Mary?

Putting Casey Anthony on the stand would be criminal in itself!  She has felony convictions!   The convictions would support giving her the death penalty if she’s found guilty and would be revealed in cross examination.

However, the alternative is to put on NO evidence of this theory and get decimated when the State of Florida reminds the jury of all the promises that Baez made during the Defense opening statement.

Damned if they do; damned if they don’t is the predicament they’re in.

God Help the Uninformed

Normal American citizens have not got a clue about their rights under the law.  The Anthony’s clearly didn’t know how to find competent representation, but their instincts told them Jose Baez was the wrong lawyer for Casey (the Anthony’s were also thinking about Caylee, convinced Casey and her lawyer should be able to assist in that effort), but Casey knew she was in trouble, and for whatever reason, she trusted Baez and has stuck with him.

And, what is beyond the beyond of malpractice is the fact that those jail videos were entered into evidence with out redaction’s!  There, for the jury to see and hear, were the Anthony’s denigrating Jose Baez – in front of the jury!

If a criminal lawyer has no credibility in the eyes of the jurors, the client is doomed.  This is the death-knell for the client. The bells announcing the funeral are rung by an incompetent defense.

Both Baez and Cheney Mason have done such a horrendous job thus far, one would think Casey would see incompetence at work?

I read about another absurd murder case today that was tried by an attorney by the name of Joseph Rakofsky.  The parallels in that case to the Anthony trial, are uncanny.

Granted, when Casey Anthony was initially arrested, the charges were not murder, but the murder charges were written on the wall very early in the day, and everyone knew it.

This case smelled like a winner to Jose Baez and by God, he was going to use it to his advantage!

But, why would he accept a case, where the death penalty – a human life – is on the line, when he has NO experience trying such cases?

This is what has driven me crazy about Jose Baez.  He has no right to try this case and there should be some system in place to avoid this kind of malpractice from happening in the future.

This is a Death Penalty case!  He has a life in his very hands!  I know, I must sound melodramatic, but how could he – knowing a very life is in his hands????

Baez was greedy.  He wanted to use this case as his Internship to learn how to try a murder case before he was ready.

It is both ego and hubris that drive Jose Baez.  It was fame, money, and recognition he wanted.  The media attention started early, as you can see from this screen shot, and he was loving it.

Baez pretending concern for Caylee

Most any competent attorney steers far away from the media as you wouldn’t want to be held to any theory of the case because things change, criminal trials are fluid and ever-changing.  For instance, Jose Baez, in his opening statement, said Caylee Marie Anthony died on June 16th, 2008 as a result of drowning in the family pool.

What about all the “innocent” claims?  What about all the hundreds of television appearances where he painted his client as not guilty because the baby was dumped in the woods while Casey was in jail, therefore she (Casey) was innocent!

He was not doing his client any favors by appearing in the media!  In fact, he is responsible for creating the media bonanza, in my opinion!

Even though all the television appearances that Baez made from the early days of this case made Casey look even more guilty and made Baez look really bad, he continued to appear on television,  He even hired people to “handle” the media for him.

He wanted this case so badly because he wanted a name for himself.  Now he has a name, but it’s not a good one.  Who on earth would hire him now?

The Anthony’s must be the stupidest people on the planet not to see what Jose Baez was doing.

Do the Anthony’s really think this theory is believable given all the facts in this case? How can they believe a drowning makes sense?  And, molestation made Casey hide for 31 days?

The theory makes no sense!

If Caylee drowned why fight the evidence of decomposition in the car that is so powerful?  Why would it be such a stretch, given this theory, to say “Yes, Casey drove around with Caylee in the trunk for a while.”  They cannot address the decomposition because of the chloroform levels.

The chloroform evidence negates the drowning story.  Plain and simple, end of story.

It’s impossible to know what is going on behind the scenes in this case.

My view is this:  If Casey Anthony were innocent this case would be even more tragic because not only would we mourn for a beautiful child whose life was lost, we could also be mourning for the legal system gone seriously a muck.

That scares me a whole lot more.

Read about Joseph Rakofsky, who reminds me of Jose Baez in so many ways.

25
Jun

casey trial ended suddenly – speculation is just that

It’s very interesting to hear the excited speculation that was raised at the sudden end of today’s planned testimony, in the State v. Casey Anthony trial.

Today began (like many other days in that Orlando courtroom), with a defense discovery violation.

Jeff Ashton again brought up another glaring discovery violation as it relates to defense witness, Dr. Kenneth Furton, who is a professor and researcher with Florida International University (FIU), in Miami, Florida.

Arguments began regarding the discovery violation issue – Jose Baez was extremely recalcitrant and in denial about what could possibly be the problem.

Baez said, “We’re not going to go through this!”  The Judge said, “You’d think this would have grown old by now, but I guess some things never change.”

Then Mr. Mason alerted the Judge of another matter they needed to attend to.

The video on WFTV has the file of the first part of this morning’s session.  You’ll be able to see for yourself what the issues are.  Click here for the video.

The attorney’s went back behind closed doors for quite a while, when Judge Perry came back and announced there was a legal matter that required their attention – and it was unrelated to what was previously discussed (the Dr. Furton discovery violation).

HLN was all over the map trying to speculate. We’re all speculating, of course!  I get a giggle when HLN speculates, though.  HLN had a story on whether Casey Anthony was crying when she came out of the closed door session with the attorneys, since she was blowing her nose?  (Maybe she has a cold?)

And, then there was the story of George Anthony crying today since he was seen with a tissue.  George was clearly blowing his nose!

I don’t know if HLN brought this bit of speculation up, too, but someone on Twitter asked if a plea deal was offered today, hence the tears from George and Casey.

There was speculation centered around a mistrial (which I think makes the most sense). Oh, and there was more speculation that Casey wants a new defense team.  (Something she should have done on July 17, 2008.)

HLN speculated about the picture of Caylee (below), shown yesterday during Jose Baez’ direct with Cindy Anthony.  Was the picture doctored?

Caylee (?) at Anthony Home

Is it really Caylee?   Maybe the picture was staged?  Is that really Caylee, or is it another child?

Blah blah blah blah – the talking heads talked.

Honestly, I can’t help speculating as well!  

For what it’s worth, my speculation is this:  Yesterday, Cheney Mason brought up the motion for mistrial which is still on the table.  (Cheney Mason asked the Judge about it yesterday, near the end of the day.)

Judge Perry told Mr. Mason, if he was to entertain this motion for mistrial, it would require a full evidentiary hearing, and not just lawyers flapping their gums.  Mr. Mason concurred, and then the subject was dropped.

Did Mr. Mason bring up something solid with regards to this motion that sent everyone scurrying away?

I don’t think so, but who knows!

We may never know the answers to today’s abrupt change of plans because these closed-door discussions were sealed by Judge Perry.

The facts we do know surround the attorneys needing additional time to do some work, take more depositions, and so on.  It must be difficult to work on your case when you’re in trial all day.  No doubt the attorney’s are stressed and need more time to do the actual work that is required in the case (i.e. motions to write.)

After all, they only have Sunday off!

Reportedly, Jeff Ashton is taking this free time to do another deposition of Dr. Furton.  Court is resuming as usual on Monday morning, and it appears that things will be business as usual.

The Discovery Issue….

Dr. Furton, apparently scheduled to testify today, has come to court with some new ideas and opinions.  Jose Baez handed Assistant State Attorney, Jeff Ashton, a new PowerPoint demonstration created by Dr. Furton – today.  I believe this is at least the third time Jose Baez has played this trick – he faces contempt charges already, you’d think he’d learn his lesson by now?

When Dr. Furton testified in the Frye hearings, Dr. Furton came off as a “wanna-be Dr. Arpad Vass,” in my opinion.

During the Frye hearings, Dr. Furton would have liked us to believe there was no smell of decomposition; rather it was a result of the infamous trash, which is all garbage, which was left in the trunk of Casey’s car.

In addition, Dr. Furton’s bases his findings and his experiments on separate body parts decomposing.  Not entire bodies.

There’s a big difference between the two events, as can be imagined.  Dr. Furton would not concede, during the Frye Hearings, that there would be differing results from a whole body, versus a body part going through the decomposition process.

In short, he was not a convincing expert witness.

We’ll see how all this plays out Monday morning!

Happy weekend, everyone!

24
Jun

any theory will do

Cindy is at it again.

Those of us who have been following the case surrounding the murder of the dear little Caylee Marie Anthony, saw it coming.   I’m referring to the Anthony family’s lies and cover-ups.  The only problem is, they can’t keep their stories completely straight, and that is not going to play well for the jury.

The strangest testimony today came from Lee Anthony.  Lee broke down when he recalled the horrible hurt he felt about not being included in the news that Casey was pregnant, and was not asked to be there when Caylee was born.  You know what? I love my brothers, but I’m not sure they’d be there for the birth of my child.   But, Lee wanted to be there – he wanted to be included but said he was ignored.  He sobbed over the memory of it.

It was very curious why the defense failed to use the opportunity today to ask Lee about paternity.   It seemed like the perfect time for the defense to bring up their horrible defense theory.  Have they dropped the idea of Lee’s alleged abuse?  Will the full burden of abuse rest on George Anthony now?

Judge Belvin Perry today had questions about the theory of the defense of Casey Anthony – the jury has to be wondering, too.

One aspect of the “theory” was brought up today regarding the pool ladder.  Cindy Anthony and the defense would like the jury to believe that because the pool ladder was inadvertently left on the pool one day, Caylee must have drowned that day.  But, on cross examination, it was revealed that Cindy is not really sure what day the ladder was left up on the pool.

It sure appears as if profound jealousy is a weird dynamic in that family.  I cannot begin to know the truth of the matter, but my reaction to hearing Lee today is that both Casey and Lee may have had a deep hunger for love and affection from their mother that was never fulfilled.

I tell you, the Anthony family dynamic could fill an entire folio of Shakespeare’s tragedies.

The bottom line is, the Anthony’s will lie on the stand to save Casey.  I don’t think they will condone the molestation theory, of course, but Cindy sure buys the drowning theory.  Regardless, the defense is still looking for their theory; so is Judge Perry because he asked the defense to clarify it.

Judge Perry told the defense that he’d thought the theory of the defense was that Caylee drowned, and Casey covered it up due to the years of abuse.

Cheney Mason confirmed that was their theory, but then added, “among other things.”  This prompted sidebar #32.

Well, I really couldn’t count the sidebars, but more time was spent in sidebars than in testimony today.

Court starts at 9:00 a.m. tomorrow, and is scheduled to be in session until 2:00 or 3:00.


23
Jun

cindy’s hand-sanitizer scare? true?

The testimony of Cindy Anthony was not a bombshell, or a major development despite the news outlets using it as such.  It was simply a replay of the conniving Cindy Anthony we had previously come to know.

Cindy Anthony testifying today

I was very surprised at Cindy’s about-face today.  I think the State of Florida was, too.  But, there is no way that Cindy will get away with this for long – the state still has a rebuttal case to put on.

What Cindy Anthony fails to realize is that her testimony today can be verified.  She will continue to be impeached and this will only hurt her daughter, not help her!

Although Cindy’s work records verify she was at work the day of the computer searches, she said she remembers not working those days. Huh?    I don’t remember the days I take off of work, especially not three years ago!  Do you?

The State of Florida and Law Enforcement will be able to verify what Cindy said today; I have no doubt they will.

Cindy said she remembers searching the computer for a bunch of things. One reason she searched that particular day?  Because a colleague at work emailed her about dangerous issues resulting hand-sanitizers and children.

Cindy called it a “hand-sanitizer scare.”

I ran a quick search for “hand sanitizer scare” and found nothing about a scare in 2008.

Cindy also claimed she searched for Chlorophyll on the very day because of concern for her little Yorkie eating bamboo leaves. And she looked up “neck-breaking” because a friend was in a terrible car accident.

Do these kind of elaborate lies sound familiar?  The apple doesn’t fall far from the tree, does it?

Cindy’s Hand-Sanitizer Scare

The issues with “hand-sanitizers” Cindy said was a “scare” in March 2008.  A New York Times article, on March 21, 2006, says otherwise. Here is the link: http://www.nytimes.com/2006/03/21/health/21cons.html

A Chicago Times article, on May 22, 2007, discusses the possibilities of getting “drunk” from them: http://featuresblogs.chicagotribune.com/features_julieshealthclub/2007/05/getting_drunk_o.html

An ABC News article from May 23, 2006, discusses that hand-sanitizers are no subsitute for water: http://abcnews.go.com/Health/story?id=1993859

ParentDish, on June 26, 2007, discusses how hand-sanitizers can poison children:  http://www.parentdish.com/2007/06/26/hand-sanitizer-can-poison-your-children/

Google Search for Hand Sanitizer Scare shows no news in 2008.  Click here

I truly don’t think that Cindy did anything to hurt the State’s case today.  In fact, I think her lies were helpful for a couple of reasons.

Cindy successfully….

  1. …Reminded the jury of additional details regarding computer searches, such as the “MySpace” hits which were interspersed with the “how to make chloroform” hits/searches.
  2. …Pointed out that she didn’t know about or use MySpace at that time.  But there were only seconds between the MySpace hits and the “how to make chloroform” hits/searches.
  3. …proved she is unreasonable.  No one could possibly remember their computer searches from three years ago, much less pinpoint those searches to a specific day!
  4. …Showed the jury she was stretching the truth when Linda Drane-Burdick impeached her, asking if her memory is better now that she’s changed medication.  We all know medication doesn’t IMPROVE your memory

On the stand today, Cindy was overly long-winded, indicating to me that she was exaggerating.  When cross examined, she was not nearly as clear and changed her testimony by referring to “possibilities,” while trying very hard to fill in details that were ridiculous, i.e. remembering the day and time of computer searches made three years ago.

This is beyond the boundary of reason

When Ms. Burdick asked, “Did you look up the word “inhalation?”  Cindy said, “Yes.”   And she went on to add other “household items like alcohol” and other toxic chemicals that she confirmed searching for.

Cindy is trying to save her daughter, but at the expense of justice for her beloved granddaughter.

Justice is only found via a search for the truth….

Today’s Testimony Notes

There were other wins for the State today. FBI Hair Specialist, Stephen Shaw, did a great job for the State of Florida in explaining how to recognize Post-Mortem Hair Banding on a strand of hair.

The defense dug their own grave by calling Stephen Shaw.  He was very strong for the State.  Even stronger today then when he originally testified for the State.

There were other witnesses, too.  Dr. Barry Logan, a forensic toxicologist (who is also a wanna-be analytic chemist), testified for the defense, though only allowed to testify about toxicology.

What Dr. Logan really wanted to do, however, was to disprove Dr. Arpad Vass’ findings.

Dr. Vass, you may remember, is the charismatic researcher from the Oak Ridge National Laboratory who testified about the compounds from the trunk of Casey Anthony’s car – decomposition; and the very high levels of chloroform.

In short, the defense would really like Dr. Vass’ testimony to go away, but Dr. Logan was not allowed to discuss the type of testing Dr. Vass does!

To tell you the truth, the defense appears to be in a cloud, or a fog.

They put on evidence that’s like a sling-shot, ricocheting back at them.   It’s bizarre!

They’re just prolonging the inevitable outcome of this case.

22
Jun

today was just half as bad for Anthony defense

I’m sure it was a relief to the defense that evidence and testimony in the State of Florida v. Casey Anthony trial, lasted only half of the day today.  Instead of a day-full of defense witnesses turning into witnesses for the State, they only suffered half the hurt.

There were no inroads made by the defense again today as they continued to point out the “lack” of evidence in the State’s case.

It’s interesting that the defense, rather than attacking the evidence presented by the State, are presenting testimony to illustrate the lack of evidence found.

Perhaps this strategy would work in another case – a far different case.   Not in this one. Common sense tells us this will not work in this case.  Why?  The amount of circumstantial evidence is staggering.

Remember Scott Peterson’s trial for the murder of Lacy Peterson and the death of her unborn child?  That was a circumstantial case, too.  There was far less evidence in that case and he’s on death row right now.

The duct tape, the baby blanket, and the laundry bag clearly ties Casey Anthony to the crime.  The smell and evidence of decomposition in Casey’s car links her further, as does a long strand of Caylee’s hair found in the trunk of the car, and showing the dark banding near the hair-root indicating it came from a dead child. And there’s even more evidence…

The evidence is strong and it clearly and profoundly links Casey Anthony directly to the crime.   As does, the 31 days. The tattoo. The lies. The made up people and places. The computer searches. The evidence of chloroform.  The duct tape. And on and on and on.

The defense  has a miserable story to tell, as we heard during their opening, but to date they have not whispered a word of it.

A parade of six defense witnesses today brought little to bear for the defense.

The defense will get no where in this case as long as Jeff Ashton has an opportunity to cross examine the defense witnesses.  He is brilliant, passionate and completely devoted to finding the truth.

Today’s defense witnesses:

  • FBI forensic geologist Maureen Bottrell,
  • FBI forensic toxicologist Madeline Montgomery,
  • Dr. Michael Sigman of the University of Central Florida,
  • Dr. Michael Rickenbach,
  • Dr. Andrew Kramer, professor and head of the anthropology department at University of Tennessee, and
  • FBI lab technician Karen Korsberg Lowe.

All much ado about nothing.

Where’s the beef Jose?

20
Jun

If there’s no report there’s no retort

What happened today and Saturday is exactly what the State of Florida predicted would happen.

I’m not a lawyer, but it’s plain to see what went on today.  For Jose Baez,  and Casey Anthony, the fallout will be very, very serious, if the Judge applies the ultimate sanction of excluding defense witnesses.

Watching a few minutes tonight of HLN, a few talking heads, for their dramatic pleasure, were calling into question Mr. Ashton’s supposed failure to take depositions.  Nothing could be further from the truth.

The talking, babbling heads are just plain wrong.  But, drama sells.

Mr. Ashton, although he’s emotional and gets riled when Baez does not play by the rules, is following the rules; he knows what the rules are and he knows that Jose Baez is very slimy and conveniently excludes expert witness reports, which is a direct violation of court orders.

If you or I ignored a court order, we’d be in jail!  Jose Baez, on the other hand, has violated court orders, not once, not twice, but THREE times.

When a lawyer willfully violates a court order that many times, I feel confident to say that Judge Perry will charge Baez with contempt of court when this trial is all over.

Contempt of Court is a criminal charge, requiring a trial.  Baez will need to be represented by counsel.  It is very serious.

Not only that, Jeff Ashton is proposing sanctions against Baez. Previously, when Ashton requested sanctions, the Court required that Baez pay fines.

There’s a big difference between sanctions and contempt.  Contempt is very serious.

If Judge Perry charges Baez with contempt, the penalty could be revocation of the law license, fines, suspension, remedial classes, or jail time.

What happened today was NOT Jeff Ashton’s fault

Granted Mr. Ashton and Mr. Baez have a lousy working relationship, and though there are two sides to every story, I can tell you that Mr. Ashton is one hell of a lawyer, and he plays by the rules.

Mr. Baez, on the other hand, ignores the rules.  Baez doesn’t like the rules of the criminal court, so he skirts them.

Baez said over and over today that Mr. Ashton had all the time in the world to take depositions, but he did not do it. Baez told the Court that Ashton has refused to take the deposition of Rodriquez and another expert witness regarding trace DNA.

Baez asked Judge Perry for sanctions against the State since they have not taken depositions, claiming the State “chose not to do so.”

If there’s no report there’s no retort

What Baez conveniently forgets are the rules!

There can not be a deposition of expert witnesses UNLESS THERE IS A REPORT FILED!  (Sorry for yelling!)

This is where Baez is making up his own rules. As a result of the defense failing to provide the State (back in 2009, 2010, and 2011), with discovery, the Court was forced to lay down rules requiring that the defense provide expert reports.

As Judge Perry reminded Baez today, there were previously two Court orders on this matter.  The first order was dated December 10, 2010.   See the court order:  Order Granting State’s Motion For Clarification To Compel Compliance With Order For additional Discovery

In this order, Judge Perry laid out, in plain English, what Baez must provide:

  1. The expert’s curriculum vitae or qualifications of the experts;
  2. The expert’s field of expertise or medical specialty;
  3. A statement of the specific subjects upon which the expert will testify and offer opinions;
  4. The substance of the facts to which the expert is expected to testify; and
  5. A summary of the expert’s opinions and the grounds for each opinion.

When the above Court order failed to move Mr. Baez into action, Jeff Ashton, since he is handling the expert witnesses, was livid and called for sanctions.

Judge Perry agreed with Mr. Ashton.  Fines were imposed, and Court orders were re-written very specifically with regards to the reports required.  These reports, ruled the court, must contain the following:

2. The defense shall provide written reports to the state from all expert witnesses which shall include the following information:  a complete statement of opinions the witnesses will express and the reasons for those opinions, and any data or other information considered by the witnesses in forming their opinions or conclusions.

The above order from Judge Perry, on Jan. 6, 2011, outlines what Baez must do to comply with the court, and contains the sanctions imposed.  This order is contained in the link below.  See the Court order: Order Granting States Motion for Sanctions – Motion to Compel

“This Court Doesn’t Make Threats” ~ Judge Belvin Perry

Judge Perry advised Baez that he will not threaten, he will apply the rules of law as they apply.  And, if anyone knows the rules of law, Judge Perry does.

It must be noted that because of Jose Baez, the State of Florida’s case is hampered and hurt.  Discovery is a reciprocal process and when one side does not follow the rules, it results in ambush of the other side.

Jeff Ashton cannot take depositions if he does not have reports.  So, here we are, in the middle of the trial, and Baez is lying, and disobeying court orders to gain advantage.

A trial is supposed to be a search for the truth.  Baez does not have to prove anything, that is the State’s burden. Yet, he makes bold assertions about George Anthony, drowning and other such nonsense, attempting to prove Casey Anthony did not act alone.  Of course, these assertions were made in opening statements, which does not have to be true – though most lawyers lay their case out as truthfully as they can in opening, it is NOT evidence.  (By the way, the only way these allegations can be raised are by Casey Anthony.)

In reality, the only thing the defense is proving is they are burdened with a guilty client who is represented by a lawyer who will make up the rules as he goes along.

The truth and Mr. Baez are strangers.

18
Jun

Yet again, Judge Perry says willful violation by Baez

I originally wrote the below post on Jan. 3, 2011 after Jose Baez was caught red-handed, trying to hide information, just as he did today with Dr. William Rodriguez. He’s a forensic anthropologist with the U.S. Department of Defense.

Today, the witness, Dr. Rodriquez, began to testify about the effect of duct tape on skeletal remains – a topic that was not included in the witnesses report, and which violates the rules of discovery in Florida criminal cases.

The court stopped abruptly as attorney Jeff Ashton advised Judge Perry of the violation.

Judge Perry asked Dr. Rodriquez was he told that he had to included ALL is opinions in his report?  “No,” said Dr. Rodriquez.

Judge Perry asked the witness, “When did you tell Mr. Baez about this opinion?”  “In February,” Dr. Rodriquez replied.

Baez was required to share this with the State of Florida – he did not, he kept it secret.

Therefore, with rising disdain an frustration, Judge Perry told Baez that his actions were willful and clearly a violation – just as he said in January of this year, when I wrote the below article.

It is just another reminder that Jose Baez thinks nothing of acting in “Bad Faith” in his practice as a lawyer.

Judge Perry could have held Baez in contempt of court today, but in the interest of seeing this case to its completion, he did not do it. But he could have, and some will argue he should have.

Judge Perry said, “This is not my first rodeo, Mr. Baez.”  Perry then told Baez he will withhold his ruling / revisit this at the conclusion of the case.

If I had to bet, I would say Judge Perry will do it – he will find Baez in contempt.  There is no way a contempt hearing could happen now, in the middle of the trial, of course, and the Judge is committed to see the trial through to its final bow.

But, I think he may do it.

Judge Perry previously warned, and warned Baez again and again, in pre-trial hearings, about the rules of discovery.  Baez kept breaking the rules until he was formally sanctioned and was required to pay costs to the State of Florida.

Back in January, Judge Perry, in no uncertain terms, told the lawyers,   if an expert should FAIL to disclose what he or she will testify to, that expert will be precluded from testifying at trial.

Today, Perry was not so strict and will allow the State to take the witnesses deposition today, allowing him to testify next week.

Judge Perry was not about to let Jose Baez’ actions hurt Casey Anthony’s opportunity to put on this witness.

Here is a link to an article I wrote about the fallout of the sanction and the violation.   https://andreadreamin.com/2011/01/20/oh-that-contemptuous-defense/

Here is the January 6th article that is related to what happened today:

Judge Perry: Willful violation by Baez

Every single day across the state of Florida, both criminal defense and prosecution attorneys abide by a very strict rule of reciprocal discovery.  The rules of discovery in criminal proceedings are very well known to most attorneys who practice in the state.  In short, the discovery rules require each side to inform the other in writing of any and all discovery that exists prior to trial.  This rule is to avoid what Judge Perry referred to as the common principle of “trial by ambush”.

Now, the Casey Anthony defense team won’t be the first to disobey this requirement; I would venture to say that in cities across the state of Florida, prosecutors have also inadvertently or willfully disobeyed this rule on occasion, as no case is perfect.  The troubling aspect of failure to abide by this rule is to run the risk of a verdict being overturned, which would require a retrial.

As you may recall, Judge Perry ordered the defense to produce expert witness discovery by a certain deadline date.  When the defense failed to comply and turn over sufficient detail to the prosecution, Judge Perry clarified the order for Jose Baez at a second hearing.  When Jose Baez failed to comply to the second court order, the court today concluded that the defense willfully violated its court order.

The prosecutor, Jeff Ashton, advised the court that the defense has a history of deliberately skirting deadlines, and not complying with discovery rules. To which Cheney Mason answered: The defense is doing its best against the State – with all its resources.  Mr. Mason opined that he and Mr. Baez are paying out of their own pockets for airfare and other incidentals.  Mr. Baez later sarcastically let the court know that his salary is about $3.00 per hour.

The fact of the matter is, this is the burden that ALL defense attorneys have to contend with!     If Mr. Mason and Mr. Baez cannot keep up with the costs and the demands this trial asks of them, it’s too bad and oh so sad, but that is life in the criminal justice system in Florida.

Jeffery Ashton was quite convincing and eloquent today.  He asked that the court sanction the defense to the extent that is personally hurtful.  He said, if the Judge does not do so, the defense will continue to obfuscate and delay, causing harm to Casey Anthony’s ability for adequate defense, and causing delay to the May trial date.  Mr. Ashton suggested that Jose Baez be charged $500 per day until such time as he produces the discovery of its expert witnesses.

Judge Perry wasted no time in issuing his ruling, and was clearly very prepared, having read the motions and the supporting documents from the State.

In short, the Judge found that the defense willfully violated a court order.  He also pointed out that it is highly unlikely that the defense team does not know what their experts’ opinions or findings are.

As to sanctions, the court decided that Jose Baez would pay the costs associated with the State having to file the motion for sanctions, including lawyer fees.  Jeff Ashton will determine an amount; submit it to the court who will announce the amount of the fine. Jose Baez will then have five days to appeal the amount he will have to pay the court.

Furthermore, the court ruled that the defense may not use or argue any expert opinion that is not included in written discovery or in a deposition at trial.  This means, if the defense chooses to “hide” a fact or an opinion from the prosecution, and then tries to bring the opinion before the jury at trial, it will be disallowed.

That alone is a very serious sanction for Jose Baez as his strategy is to conceal and hide information in the hopes of knocking the State off their game with the element of surprise. As you know, the rules of criminal procedure for the state of Florida do not allow for trial by surprise or ambush.

Mr. Baez had better resort to trying his case on its merit, of which we know there is little, and steer clear of trickery or contempt charges will be the next tool used by Judge Perry.

Judge Perry ordered the defense to submit its expert witness discovery within seven days.  Jose Baez asked for 30 days, the Judge said no, but allowed Jose Baez to submit by Wednesday an estimation of how long it will take to fulfill the discovery request.  The Judge appeared willing to concede a day or so, which was generous of him.

As for the additional motions – all 22 of them.  Most will not be heard until the State can provide an argument in answer to each motion.  The Judge is allowing the state 15 days to file their responses to the motions.

17
Jun

wee wee wee, all the way home

This little piggy went to market

This little piggy stayed home

This little piggy had roast beef

This little piggy had none

This little piggy cried, “wee, wee, wee”

All the way home!

 

As the saying goes, you can put lipstick on a pig, but it’s still a pig.  Same goes with a false witnesses in a court of law. When an Expert witness only wants to please the side they are on, rather than being scientifically ethical, it is just plain wrong. A good witness will tell his own truth, not the truth that one side wants to hear.

In the case of the State of Florida vs. Casey Anthony, one defense witness took up the entire day.  Dr. Timothy Huntington, a forensic entomologist and Adjunct professor at the University of Nebraska.  (An Adjunct professor, by the way, is not a full-time employee of a university.  Adjuncts are hired to fill in and cover courses term by term.)

Mr. Jose Baez must have thought that he bought a pretty good witness before Assistant State Attorney Jeff Ashton applied his incredible expertise at cross examination!

Oh, the pigs were oinking and crying when Mr. Ashton was finished today!

This expert, hired on December 11, 2008, by Linda Kenney Baden, just finished his Ph.D. in 2008, and desperately wanted to do well for the defense.

Dr. Huntington, in order to research the decomposition process in the trunk of a car, experimented with a pig, wrapped in a blanket, in the place of a small body. He photographed and cataloged the bug species that came to feast on the poor pig.

When Mr. Ashton asked if this pig in a blanket experiment (yes, he said “pig in a blanket” to everyone’s delight!) was done as a result of being hired by the defense, Dr. Huntington was clearly being disingenuous when he said, “No” he’d always wanted to do this kind of experiment. Right!  No one believed it. Not for a moment….

By the way, this witness is a very young, he has never testified in court before, and he may never do so again.  Well, maybe for a defense team needing a chameleon.

Thank you Dr. Huntington.   Love from, Jeff Ashton

Despite his tendency to be disingenuous, this witness was wonderful for the State and Ashton hog-tied him to quite a few admissions!

  • The witness said the body was in one place (the car) and was deposited in June and did not move from there.  This is incredibly important to the State’s case!  How could Kronk have known about where the body was in June, when Cindy Anthony only made the fateful 911 call on July 15th?  There was not even a reward for Caylee until later.
  • When the witness examined the car in July 2010, it still stunk, despite there not being any garbage in the trunk (oh yes, Baez would still like the jury to think the smell is the garbage).
  • This witness said, “Oh well, I know there was garbage in that trunk, so I couldn’t say it was decomposition.”  Ashton countered by saying, “When has garbage kept an odor after two years?”  Then Ashton paused and gave this witness a glare that clearly said he was mortified that the witness continued to dissemble and speak from both corners of his mouth.
  • Ashton asked the witness, “Why didn’t you place the pig in a blanket, then in two garbage bags, then in a laundry bag?”
  • This witness stuck to his theory that bugs were likely attracted to “chew” in the empty chewing tobacco can.  Huh?
  • Ashton got the witness to agree there was NO food in the garbage bag.  The witness said, oh no, I’d seen salami still in the package in that garbage. Ashton got the garbage out of evidence, fished out the salami package, and showed the witness what he thought was salami was crumbled paper.

There were other points scored by the State, including the fact that the high levels of chloroform in the trunk would contribute to killing or warding off the bugs.

Let’s hope the remainder of the defense experts will be more forthcoming at the outset.  Listening for a full day to the flat testimony today, may have had made the jurors go buggy!

I was so disgusted at the whole charade today – with the focus on pigs in a blanket and not a dear child, I could have snorted like a pig!

 

16
Jun

well, it was a non-evidence kind of day

My parents always told me that it is fruitless to try to prove a negative since it generally returns results that are negative.

Mr. Jose Baez, apparently, was never schooled in this idea.

The purpose of highlighting non evidence?  Mr. Baez is banking on a single juror to be stupid enough to think such a lack of evidence is evidence of something.  What non evidence is evidence of, is anyone’s guess.

Oh, but Mr. Baez will blow smoke in the air and try and try and try some more to create “non evidence “smokescreens for the jury.

We know this after today’s monotonous, confounding and completely wasteful day of testimony, there was no attempt to lay the ground work regarding their theory of drowning.  And, we now know that Mr. Baez agrees that a body decomposed in the trunk of the car since he was asking his own witnesses about such evidence!

Therefore, today was about as wasteful for the defense as the trash that Mr. Beaz spent so much time talking about.

Why?

Because the result of today’s testimony advised the jury that not a single drop of blood was discovered by FBI, DNA Expert Heather Seubert, when she examined articles from the crime scene and from the trunk of the car driven by Casey Anthony.

We know that DNA cannot survive over a period of six months in wet, hot, and volatile environments.  Furthermore, it has been proved, both today, and in the State’s case, that DNA does not survive during the decomposition process.  Nor does blood, apparently.

And yet, Mr. Jose Baez asked and asked and asked and asked this witness, did you find blood to test?   No.  No. No. No. Mr. Baez, that answer will be, grrrrr, NO!

And, why does the defense focus on blood, or the lack thereof, if the defense contends Caylee drowned?

It is possible that the defense is trying to show that the amount of non-evidence exceeds the actual evidence?

Does the lack of evidence – or rather, of NOT finding evidence where we would not expect to find evidence anyway, prove anything?  Does this prove Caylee Marie Anthony was not drugged and suffocated?

No. Not in the least.

When Ms. Welch, who also testified in the State’s case and called today by the defense, was asked again and again and again and again and AGAIN, if items pictured as “trash” were ever sent to the FBI to be tested for anything.   The witness and the jury saw pictures of beer bottles, soda bottles, and a plethora of miscellaneous items one would find in a garbage dump.  And over and over, Mr. Baez asked – were these items tested for anything?  “Not that I recall,” said Ms. Welch, repeatedly.

When it was Ms. Burdick’s turn to cross examine Ms. Welch, she asked one simple, singular question that brought everything home and into focus for the jury:

Ms. Burdick: Ms. Welch, is it fair to call the area where Caylee Marie Anthony’s remains were found, as a trash dump?

Ms. Welch: Yes, I would characterize it that way.

And so, today of all days – exactly three years from the very date that  Caylee Marie Anthony was murdered – Ms. Burdick pointed out that Caylee was treated as trash.

This small moment in time brought home the injustice that Caylee suffered.

May the Heavens continue to bless the little angel, Caylee Marie.

15
Jun

some rest, others rage

The State of Florida, in the murder trial of Casey Anthony, rested today.

They rested after bringing forward a very strong case – delivering a concise argument that meticulously and tightly binds Casey Anthony to the murder.

Understandably, the State did not use all the evidence in its arsenal.  Perhaps they were concerned about overdoing their case in chief and so decided to wait until their rebuttal to introduce additional evidence.  Forgive the pun, but I’m sure the State was concerned with “over-kill” with regards to the plethora of evidence they have.

Denied Motion for Acquittal

The rules of criminal procedure in Florida require a defense lawyer to submit a motion to argue its position for a judicial decision of acquittal.  This is a standard practice in all criminal trials, and are rarely ever granted to a defendant.

The fact is, when a judge decides and rules in these matters, his or her explanation and reasoning for such a motion generally is a good indication as to what the outcome of the trial will be.

Today Mr. Cheney Mason argued the motion in front of Judge Belvin Perry, Jr.

Mason told the Court, there was no premeditation in this case. He said, there were inferences and speculation of it, but no evidence whatsoever of premeditation.

I beg to differ.

Mason also stated that there is no evidence of the defendant causing any pain or injury to Caylee Anthony.  In fact, he says, there were many witnesses who were happy to attest to Casey Anthony’s success as a mother.

Mason argues that Caylee Marie Anthony died accidentally since the State did not prove that a homicide existed.

The Judge asked Mason where in the record is there evidence of “accidental death” and Mason admits THERE IS NONE!

Mr. Mason claims the mere presence of duct tape proves nothing – no evidence of anything, he says, raising his voice.

No evidence of culpable negligence, he says.  And of course Mason brought up the Miranda Rights aspect of the case, which was previously argued repeatedly by the Court in pre-trial hearings.  Mason wanted this on the record yet again.  He obviously believes strongly that Casey Anthony’s rights were violated with regards the Court’s decision on these issues.

Mason grew increasingly agitated and demonstrative as his argument continued, and occasionally there was a fleeting glimpse of the good lawyer he once was.  But, it was very clear that he simply was not listening to the testimony these last three weeks.

And, during some moments of his argument, things seemed to fall apart and Mr. Mason resorted to histrionics.

Listening to Mason today, it sprang to mind that if he were an actor, he’d make a very good King Lear.

The aged Lear, who attempts to divide his kingdom between his three daughters, eventually goes mad.  He rages against storms, and descends into madness.

Lear bellows: “Blow, winds, and crack your cheeks! rage! blow!”

King Lear held back by his court jester

You sulphurous and thought-executing fires,
Vaunt-couriers to oak-cleaving thunderbolts,
Singe my white head! And thou, all-shaking thunder,
Strike flat the thick rotundity o’ the world! 

~King Lear

Anyway, that’s where my mind was when I listened to Cheney Mason – casting him as the perfect Lear.

 

Say What???

And so, the other big news today revealed that the defense wants to depose and possibly call to testify a convicted felon named, Vasco Thompson.  The defense is inexplicably suggesting today that on July 14, 2008, George Anthony made four calls to this man, who was previously convicted for a violent crime – kidnapping to be exact.

Vasco Thompson

The defense has not deposed this person as yet, and George Anthony, through his attorney Mark Lippman, is denying any knowledge of this man.

Can this defense get any more desperate?  Are they changing strategy now?  Since Judge Perry told the defense there is no evidence of an accident scenario, are they dropping the drowning, in favor of kidnapping?

And, why Vasco Thompson?  Is this suddenly a Susan Smith kind of excuse?  Blame it on a mean-looking black man?  If anyone had a connection with this man, my guess it was Casey Anthony.  Was she looking for a hit-man?

The motion about this new prospective witness, Vasco Thompson, reinforces my belief that Mr. Mason is well cast as King Lear.

Crack your cheeks!  Rage!  Blow!

p.s. Vasco Thompson has not returned calls from the defense team.

14
Jun

the ugly life

A beautiful life? 

Bella Vita, says the tattoo emblazoned on the left shoulder of Casey Anthony.  Bella Vita is Italian for a beautiful or happy life.

How is it possible to enjoy your beautiful life when only 17 days ago your daughter’s very life – your flesh and blood – was snuffed out?

Casey Anthony's "Beautiful Life" tattoo

A beautiful life is a happy and carefree existence, a rich life that is free of any care or burdens; free from the sense of the unspeakable suffering of Caylee Marie Anthony.

Bella Vita is poetic justice for Casey Anthony now.

In February of this year, the defense, knowing the damage this tattoo would create for them, filed a Motion in Limine to strike this evidence. Here is their motion:

Tattoo (attached)

Motion in Limine to Exclude Irrelevant Evidence of Tattoo

This defense motion was DENIED. The defense asked that the tattoo be eliminated because it was irrelevant. Not so said Judge Perry!  The tattoo “Bella Vita” is quite relevant as to the timing of receiving the tattoo, as well as the meaning, or nature of the tattoo. Judge Perry explains himself in his ruling when he writes:

The state argued this evidence was not offered to show character, and further argued the circumstances surrounding the timing and nature of the tattoo are relevant and probative to show the Defendant’s state of mind.   On July 2, 2008, when her daughter was allegedly missing and she was conducting her own search, she obtained a tattoo reading “La Bella Vita” (translated as “the beautiful / good life”).  She did not appear to be upset, and when asked how her daughter was, she simply replied, “fine.”

There was little surprise at the Judge’s rulings as to this evidence.

And now, this evidence is the finale for the State!

The testimony, today given by Orlando tattoo artist Bobby Williams, was critical to show Casey Anthony’s state of mind during the time she claimed to be searching for Caylee.

Casey Anthony never lifted a finger to assist in the search for her daughter when she was bonded out of jail. The evidence clearly shows Casey’s  state of mind – a state of mind that was completely lacking of any care or concern for her daughter.

Why should she have cared?  She knew her daughter was dead.

The State of Florida will rest its case tomorrow morning, June 15th, the day before Caylee Anthony died in 2008.

The Defense will begin its case on June 16th, 2011 – exactly 3 years to the date of Caylee Marie Anthony’s death.

Let justice be Caylee’s now.

13
Jun

hair and heart sticker residue

The big news today came as a result of Judge Belvin Perry announcing that the Prosecution’s case, in the Casey Anthony Murder Trial, is likely to wrap up either Tuesday, or Wednesday morning  of this week!   This means the defense will start their case Wednesday afternoon!

The heart sticker found at the scene of the crime in the State v. Casey Anthony Trial

It was surprising to hear the State’s case will conclude without calling Roy Kronk, other family members, Shirley and Rick Pleasea.  I also wonder if experts will testify with regards to Casey’s cell phone pings.

I do understand why the State would not need to call Kronk, since the defense will certainly call him.  The State will be able to rehabilitate Roy Kronk in their cross examination during the defense case.

Depending upon what the defense brings to their case, the State of Florida may put on a rebuttal case.  I tend to think they may.

The defense may then put on their own rebuttal, but the Judge would have to allow it, and the focus could only be on what the State brought forward in their rebuttal.

With regards to upcoming State witnesses, I read that Robyn Adams (Casey Anthony’s former jail roommate) is supposed to testify soon.  I would think the State’s Botanist, Dr. Hall, will testify at some point this week as well.

As far as today’s testimony, we heard from two FBI analysts.  One FBI witness was Stephen Shaw, an FBI expert in forensic hair and fiber.  He testified that the single piece of hair, with the decompositional banding found in the trunk of Casey Anthony’s car, is similar to the hair found with the remains of Caylee Anthony.

Elizabeth Fontaine, FBI latent-print examiner, explained that she discovered a heart shape on one of three pieces of duct tape sent to the FBI Laboratory for analysis.

This is evidence that the Defense tried desperately to keep out of the trial.  It was odd that Baez did not do a better job of cross-examining Ms. Fontaine.

The defense fought this  “phantom” outline/image of residue in the shape of a heart, on the duct tape. The reason?  That a heart sticker (pictured) was found near Caylee Anthony’s remains on a piece of duct tape.  This, as you know, inexplicably tells us that that heart sticker was applied on the duct tape.

What I don’t understand is why the heart shape (pictured) found in the area where the remains were found, was not introduced today.  Perhaps that piece of evidence is coming later.   Law Enforcement found in Casey Anthony’s home, sheets of heart stickers resembling the sticker found at the crime scene.  Perhaps Law Enforcement will introduce both these items.

The beginning of the defense case is going to be interesting!  Will Casey Anthony testify?  If Jose Baez is going to stick with his molestation theory, she will have to.

That will be something to see!

11
Jun

bombshell bugs, pavers too

Dr. Neal Haskell likes bugs.  Especially flies.

Like Dr. Arpad Vass, who is Dr. Haskell’s relied-upon colleague, is an expert married to his field.  The science of Forensic Entomology is his  passion.

He’s been a bug man for nearly five decades he said.

It was a big day for the Prosecution in the State v. Casey Anthony trial.  There was important information about bugs, and a great deal of crime scene evidence introduced today.  Most importantly, the prosecution appears to be leading up to the release of the heart sticker evidence.

The testimony of Dr. Haskell brought home the reality regarding the length of time Caylee spent in the car versus the woods.

According to Dr. Haskell and the kinds of bugs found at the grave site, the body of Caylee Marie could only have been in the trunk of the Pontiac Sunfire for a couple of days before it was removed (and placed in the woods off of Suburban Drive).

Casey Anthony kept a trash bag full of garbage in the trunk of her car – seemingly to cover up the smell from Caylee’s body decomposing.  Paper towels, found in that trash bag, among the garbage, were full of the kinds of pupae, and larva found in the early stages of decomposition.

Therefore, says Dr. Haskell, this is indicative of “someone” using the paper towels to clean up the fluid that resulted from the early decomposition process.

It is incredibly difficult to imagine a mother cleaning up the fluidly result of her own daughter’s decomposition.

It is sickening.

I found a very interesting article about the work of Dr. Haskell in the NY Times, written by Elizabeth Svoboda.  This article describes how a case was solved as a result of the findings of Dr. Haskell.

This May 11, 2009 New York Times article is about a daughter killing her mother (excerpt below), and is entitled The Truth, Revealed by Bugs: The Case of Brookey Lee West

Dr. Haskell determined that blow flies, insects that usually appear on corpses right after death, were nowhere to be seen on Ms. Smith’s body. Instead, most of the larvae Dr. Haskell found came from scuttle flies, or “coffin flies,” insects that cannibalize dead bodies after they have undergone initial decomposition. “We knew it was a long time since Mom had been seen, and I thought, ‘If we have the blow flies, we can tell what season she went missing,’ ” Dr. Haskell said. “When I got the insect specimens, I was really disappointed.”

But then Dr. Haskell realized the significance of the blow flies’ absence: Ms. Smith had to have been put into the garbage can either directly after she died or while she was still alive, barring the blow flies’ access to the corpse. (Coffin flies, on the other hand, could have gotten to the body because they often tunnel through tiny nooks and crannies.) “That showed me that West had to have lied about what she did with her mother,” Dr. Haskell said. After only two hours of deliberation, a jury pronounced Ms. West guilty of her mother’s murder. Ms. West is serving a life sentence at a prison in southern Nevada.

Henkel Duct Tape

There was discussion of the Henkel Duct tape today.  The Anthony home was searched on December 11, 2008, the same day Caylee Anthony’s remains were discovered by Roy Kronk, the Meter Reader.

Ronald Murdock, a forensic supervisor with the Orange County Sheriff’s Office, was on the stand today.  Mr. Murdock collected the gas can, and photographed a sheet of heart stickers, similar to the heart-shaped sticker that was found near Caylee’s remains.

Also today, Jose Baez mentioned “pavers” during one of his cross examinations.  This got me thinking about the defense theory, and an a-ha moment (about the defense plan) came to me, which I will discuss in a moment.

Testimony from Robert Murdock also told us that the roll of unique  Henkel duct tape was not discovered during that December 11th search of the Anthony home.  The only remnant of duct tape found in the home was on the old red gas can found in one of the Anthony’s sheds.

The Defense, of course, would like us to believe that Casey Anthony did not have access to that tape.  Baez did not say it, but he will say George had possession of the duct tape, therefore he placed the duct tape on Caylee.

It is clear the defense is going to put the tape in George Anthony’s hands.  In fact, there are photos of the tape used at the Caylee search command center.

Poor George Anthony, little did he know that the tape he used to put up signs at the Caylee search command center, would become the tape that the defense would like to use against him.

Remember when Baez said in his (bizarre) opening statement, “Follow the duct tape”?

There is every reason to believe this is what Baez means – Follow the duct tape because it will land in the hands of George Anthony.

The Cement Pavers

Jose Baez mentioned the word “pavers” today when questioning a witness about a close-up picture at the site where the remains were found.  Why?  Is he dropping hints now?

I think so.

I am speculating, but I predict that another theory of the defense is going to revolve around the cement pavers found on Suburban Drive, around the vicinity of the remains.

Remember when, before the remains were found, Dominic Casey, on two separate occasions, went peeking around those woods for something?  Jim Hoover, Private Investigator, was there also, video taping Dominic Casey.

Hoover testified that Dominic was looking for tell-tale “pavers,” indicating that he thought the body of Caylee Marie Anthony was in the vicinity of these pavers.

The fact that Hoover and Dominic Casey were so close to where the body was ultimately found, raised a great deal of suspicion in this case. Anger, too.

When John Allen and Yuri Melich found out Dominic Casey was searching this area, they were disturbed that law enforcement was not called.

The speculation at the time?  That one of the Anthony’s was at the other end of the line speaking to Dominic, describing to him where to look for the pavers, hence the body.

Many of us following the case speculated that it may have been Lee on the other end of the phone directing Dominic Casey’s movements, though we don’t know for sure.

Will evidence prove that it was George Anthony providing direction to Dominic Casey???

If, in fact, that is true, it fits very nicely into the defense’s theory that George Anthony was the one who placed the body of his beloved Granddaughter into those woods.

In fact on December 11th, or 12th, when Caylee’s body was found, Yuri Melich and John Allen told the Anthony’s where Caylee was discovered.  And in an excited utterance, Cindy told the two detectives that it can’t be Caylee because they, the Anthony’s, “had someone search that area already.”

This is total speculation, but what if Dominic Casey says he was not speaking to a Psychic, but was speaking to George Anthony that day?

Could that serve as reasonable doubt, if true?

The 3-D Version of Suburban Drive

The final witness today was a videographer hired by the State to reproduce a 3-D representation of the grave site on Suburban Drive.

The video also included how the bones were distributed in the area, which gave a good representation of how the bones were scattered.

The video was not in the least bit graphic – it was a digitally enhanced computer animation of the area, but Casey Anthony could not look at it.

I wonder why?

10
Jun

Homicide

No child should have duct tape on their face when they die. There’s no reason to put duct tape on the face after they die.  ~  Dr. Jan Garavaglia 

Today’s testimony, in the State of Florida v. Casey Anthony, was powerful and compelling. Things are going downhill fast for Casey Anthony – and she knows it.

Okay.  So, the defense has not told its side of the story yet and the tide may turn, though it’s very unlikely.  For one reason, today’s testimony by the determined Dr. Jan Garavaglia, Chief Medical Examiner of Orange and Oseola Counties, clearly dispelled any question about an accidental death, or a drowning in this case.

Doubt is Doubt, and Reason means Reason

If there was any inkling of reasonable doubt in anyone’s mind that Casey Anthony was responsible for the murder of the darling Caylee Anthony, today totally squashed any doubt.

How could anyone have a doubt who’s responsible  for Caylee’s murder after today?

Homicide

Dr. G. laid down the circumstances surrounding the cause of death and the manner of death so brilliantly today.

It was ironic that the most powerful pieces of Dr. G’s opinions and findings were given during the defense’s cross examination!

Cheney Mason asked Dr. G. open ended questions and she ran with them!  She was able to discuss drowning accidents, too. (Oh, how many of us were cheering her on?!)

Dr. G. told Cheney Mason that drownings are an unfortunate reality in her world.  But, 100 percent of the time in these cases, 911 is called in an effort and hope that the child can be saved.  100 percent of the time!

And Cheney Mason asks Dr. G., “Well, what if the child is obviously dead?”  Dr. G. responds by saying, in essence: There is always a chance the child could be saved, so people dial 911.

During direct testimony with Prosecutor, Jeff Ashton, she was asked if she had an opinion in regards to the manner of death.  “Yes,” she said, and goes on to say:

Homicide. It’s based on three main things. When a child isn’t reported, that’s something we look for; for foul play.

The body was hidden, also the body is also in a closed container, a suitcase or a bag, like this one was. The last would be the duct tape, located somewhere on the lower half of the face.

Although, Dr. G’s examination of Caylee’s remains could not yield the means of Caylee’s death, she told the jury that the preponderance of the evidence leads to the only logical conclusion: Homicide, based on the three main factors, discussed earlier.

Surely the jury has figured out that drowning is not a likely scenario in this case.

What is the Jury Thinking?!

I often think about the day the case is handed to the jury –  putting myself in their shoes, I imagine they’ll be so relieved to finally be able to discuss the case, after keeping silent about the testimony for so long. And then I wonder if, after the selection of a Foreman, will they take a straw vote regarding the First Degree Murder charge?

  • Not Guilty?  Raise your hand.  No one moves.
  • Guilty?  Raise your hand?   All hands quickly spring up!

That’s my dream scenario, anyway – and I would not be surprised if a verdict is quick in this case.

But, the Defense will Have its Dog Day Afternoon

The defense case has not been heard, that’s true.  But, what can they argue?

They will try to dismiss Dr. G’s testimony with testimony from Dr. Spitz – but it won’t work.  He’s pompous and unlikeable and the jury will not believe him – that’s my prediction, anyway.

The defense will try to use Robyn Adams to discuss Casey’s sexual allegations against George and Lee.  I predict that will fall flat, if it’s even allowed at all.  Casey’s letters are not evidence unless Casey testifies because the letters are self-serving, therefore inadmissible.

The defense will bring back all the State’s witnesses and they will try to discredit or impeach them.

So, jurors will have to weigh the evidence before them.  However, given what we have seen from the defense up to today, it looks very bad.  And, much of it is Jose Baez’ fault.

Will the Defense Case be Fun?!

Cheney Mason famously said, in regards to trying this case, “It will be fun.”

Did it look like Mr. Mason was having fun today as Dr. G destroyed the defense case?  I don’t think so!

Cheney Mason also predicted that he’d walk out of the courtroom “arm in arm with Casey.”

Okaaaaay!

8
Jun

84 deadly searches for chloroform

I’ve just finished watching most of today’s testimony in the State of Florida v. Casey Anthony trial, in Orlando.  Today’s testimony did not disappoint, and it continues to go down hill for Casey Anthony and her hapless defense team.

First on the witness stand today, the State called another Cadaver dog handler.  Just as Jason Forgey’s dog, Gerus did, Bones, the K9 handled by Sergeant Kristin Brewer, also alerted to decomposition in the backyard of the Anthony home.  It was eerie that both dogs alerted to the same spot in the back yard.

It was the saddest testimony!  Just the thought that Casey actually considered burying her dear daughter there in the backyard is gruesome – unspeakably cruel.  I wonder what the jury is thinking about this?  Their hearts have to be breaking.

The State is laying out its case in such a way that it should be effortless for the jury to connect the dots, don’t you think?

In my opinion, the dots will draw a picture of premeditation, especially after hearing what the computer specialists had to say today.

What does the jury think about Casey sitting at the defense table as if she’s in another world?  I get the feeling that Casey Anthony is watching this trial unfold like its happening to someone else – like she’s watching a movie, or something.

Search for Chloroform 84 Times!

First let me say that Linda Drane Burdick is brilliant!  It was fascinating to see how she planned the witnesses to each compliment each other – each computer expert built upon the next.

The final computer analyst, John Dennis Bradley, consulted for the State Attorney on the case, and his was the testimony most damaging.

There were Google and Wikipedia searches on Casey Anthony’s computer for:

  • Internal bleeding,
  • Ruptured spleen,
  • Death,
  • Self-defense,
  • Chest trauma,
  • Household weapons,
  • Chloroform,
  • Hand to hand combat,
  • Neck Breaking,
  • Internal Bleeding, and
  • How to make Chloroform.

All of this is bad enough, and Baez did his best to try to diminish the blows – in reality he didn’t come close because Linda Drane Burdick, during her redirect, asked Mr. Bradley the BOMBSHELL question:

Linda Drane Burdick:   How many times was the word “chloroform” searched on this computer?

Mr. Bradley:  84 times.

Linda Drane Burdick: No more questions, your Honor.

Judge Perry:  Cross examination on these items and these items alone, Mr. Baez?

Jose Baez:  No further questions, your Honor.

What could Baez say?  He was utterly defeated after Ms. Drane-Burdick kicked it out of the ball park!

Casey Anthony began these horrible key-word searches in March of 2008.  In my estimation, this is a clear indication of premeditation – she plotted and planned the murder of Caylee!

If the State can provide more evidence of premeditation, how will Casey Anthony avoid the death penalty?  This is one of the most important factors, I believe.

Did Casey Anthony Really Want to Kill her Parents? 

Remember when Amy Huizenga was (so she thought) just days away from moving into the Anthony home?

Ever since the beginning of this case, when the Law Enforcement interviews with Amy Huizenga were released, I thought that Casey Anthony was actually plotting to kill her parents, not Caylee.

Some of the key word searches, like hand-to-hand combat, self defense, chest trauma, etc., lead me to think this.  And, when Casey told the story of her father having a stroke, her parents getting a divorce, her mother moving out of the house, leaving no-job-Casey to pay the mortgage, it occurred to me she was setting up some kind of scenario with her parents as victims.

As a result of reading the story on today’s WFTV coverage of the trial, I feel even more convinced of this possibility.

In today’s WFTV article, click here for link, they suggest the following:

The experts testified that Casey’s first chloroform search was done on March 17, 2008 around the time she found out she couldn’t go to Puerto Rico with friends because her mother Cindy Anthony would not watch Caylee for her.

The state is setting the stage for premeditated murder by showing she was searching chloroform some three months before Caylee disappeared, said WFTV legal analyst Bill Sheaffer.

The computer searches all happened in the month of March!

It is difficult to wrap my brain around Casey Anthony planning to murder her daughter (or her parents) since March, 2008!!

That was a bombshell for me.

Note:  A blogger, Sandy, left a note today asking why would Jose Baez say “since Caylee went ‘missing” in reference to something on the computer?  Isn’t it the defense’s contention that Caylee was drowned?  Why would he say this today?  I guess he doesn’t believe his own theory either.

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