It’s almost midnight and I’m not finished with this blog post! Plus, I still have to do some online banking, finish my photography gallery, and pack for Orlando. Hah! I was also going to make brownies. I don’t think so!
So, I’m heading out to Orlando to visit my brother (I hope it’s cold there, it’s HOT in South Florida), for about a week. While I’m there I plan to meet Dave Knechel, aka Marinade Dave. What a super nice guy he is! He and I have chatted on the phone, but we haven’t yet had a chance to meet. I am looking forward to hearing all his stories about the Anthony case. I am so looking forward to meeting you, Dave!
And, I’m going to meet another blogger, Susan, who often comments here, and who followed the Casey Anthony trial with the rest of us. That’s going to be fun!
And, speaking of the Anthony saga, I hear that Roy Kronk, the angel who discovered Caylee Anthony’s remains in December of 2008, is definitely going forward with his lawsuit. I’m not a fan of lawsuits, personally, but if anyone deserves to be compensated for the horrible lies the defense spread about him, Roy Kronk deserves his due and his day in court.
The way I understand it, he’s suing Casey Anthony herself, not her defense team. It was the Anthony defense team, namely her lawyer, Jose Baez, who did a job maligning Roy Kronk.
Mr. Kronk was accused of every evil deed imaginable via the Anthony defense. It’s horrible that a man can be dragged by his ear through the mud and muck by a sneaky, snarly and salacious lawyer.
What the heck! You would think a lawyer would have to have some kind of proof before he casts such stones and throws mud on a poor little guy, right?
According to Anthony Colarossi, Orlando Sentinel reporter, the crux of Kronk’s lawsuit against Casey Anthony, goes like this:
“If Casey Anthony’s story is true that Caylee Anthony drowned in the family swimming pool on June 16, 2008, then she knew that the statements she authorized and permitted her agents to publish were false,” the Kronk suit states.
“In an attempt to find someone other than herself to blame for the tragic death of her child, Casey Anthony authorized and permitted her attorneys, as her agents, to make false and malicious statements against Kronk, and to portray him as the murderer of her child,” the complaint adds.
The lawsuit also says Anthony, through her attorneys, refused to retract the damaging statements about Kronk. Read the story.
If Zenaida Gonzalez, who also has a lawsuit against Anthony, was treated like Mr. Kronk was treated, she might have a real lawsuit, too! What happened to her was like first-grade bullying compared to the out-and-out “Destroy Roy Kronk campaign.”
The sad thing about the Roy Kronk lawsuit? He has to get in line and wait with the other plaintiffs. He, and the other plaintiffs, have to wait until Casey Anthony’s gravy train comes (which is likely to be never), before he’s made whole.
The only way Casey could earn any money to pay off the lawsuits is to score a TV or book deal. But that won’t work, I don’t think as there’s not a television network anywhere in the vicinity of the United States who wants to touch an interview with Anthony. The public would turn on any network faster than you could say “Exorcist.” And that horror story, by the way, is better suited to rerun than any Baez/Anthony interview.
Any one have pea soup for dinner?
Okay, it’s after midnight now. Before I go, I wanted to say that there was another odd story out today in the Anthony saga.
This story has to do with Dr. Keith Ablow’s, the forensic psychiatrist who recently published a book about his take on Casey Anthony’s pathology, titled “Inside the Mind Of Casey Anthony.” I believe this book was released around the same time as former prosecutor Jeff Ashton’s book “Imperfect Justice” was released.
According to Anthony Colarassi, of the Orlando Sentinel, Dr. Ablow was approached about working a book with Casey Anthony while giving her psychological treatment. Now if that isn’t a nutty idea!
Dr. Ablow declined the opportunity to get reeled into a book. Though, Ablow countered their offer and suggested he treat Casey at no charge, to help her recover. They said, No.
It’s too bad. It was good of Dr. Ablow to offer (I bet he’d write another book, too! Hah, that would really frost them!)
Seriously, Casey Anthony should get the help she needs. Sadly though it sounds like the Anthony “team” have their priorities backwards. It sounds like they are focusing on money first, health later.
Never a very good idea.
So, now it’s well past midnight, and I still have finish this blog post, do my banking,
finish my photography gallery, and pack for Orlando.
See you soon Dave & Susan!
So I thought I’d read up on what is happening with the coverage on the never-ending Casey Anthony & Company story. There were, as usual, a few stories out there about what is still going on in the aftermath of the trial. Lately what has made news, is non-news, but that’s okay. Inquiring minds want to know, right?!
One bit of news I was glad to read; Roy Kronk is suing the National Enquirer! Kronk claims the tabloid reported that he is the one who could have murdered Caylee. I would want to sue over that, too!
The weird thing about this news, Channel News 13 reports that Kronk is suing for “more” than $15,000. Perhaps it’s a typo? It hardly seems worth it to sue for $15,000! The lawyer will cost that much. And then I saw that the Orlando Sentinel also reported on this story. The Sentinel reports that the suit is for $15 million, which makes much more sense.
Roy Kronk, I wish you luck – you deserve it! (Will you give any of the award to your rotten son?)
In other Casey Anthony news, there have hearings regarding the October deposition in the civil lawsuit (regarding Zenaida, aka the Nanny).
Casey’s attorney advises that she will plead the Fifth in the depo. The reason? Anthony is attempting to have the four charges of lying to law enforcement thrown out, and she does not want to say anything to compromise that appeal. I sincerely doubt the four charges regarding lying to law enforcement will be thrown out.
There will be a lot of attention if a video-taping of the civil deposition of Casey is taken. Of course, the plaintiff and her attorneys would like nothing better than to televise the deposition. However, the judge already said the deposition will take place in a privately, thus keeping the media at bay. I hope the media has to stay away, it would be best for everyone if that happens.
It’s best to keep the maddening crowds away from Casey Anthony. There are too many nutty people who could do something violent. I think a repeat of the media madness of the recent trial, would be a mistake. The behavior pf some people – the wild fringe – is perverse. So, I hope no one gives these people anything to hoot and holler about.
And…… That’s all the Anthony news I have.
I’m heading to dreamland……..zzzzzzzzz
To say the verdict in the State v. Casey Anthony is shocking is an understatement.
I am dazed, overwhelmed at this jury decision. Are we in an alternate reality where wrong is right and right is wrong? It seems so to me.
Even though Casey Anthony was found not guilty yesterday, it does not mean she is innocent of the death of her daughter.
Apparently, the jury did not have an abiding and sure belief of guilt. And I have to accept and appreciate their decision.
But, it’s difficult to do this because I see this as a miscarriage of justice. Then again, a worse miscarriage would be finding an defendant guilty when they are innocent.
That would be far worse, and so I’m taking that to the bank.
What went wrong?
Some Legal Eagles and Talking Heads are saying, “Well this verdict is an example that the system worked.” I can’t quite agree with that, but I do understand that I have to accept the verdict because this is our system, and it’s the best in the world.
I think the heart of this decision boils down to the jury not wanting to have the burden of sending Casey to jail for the rest of her life. Maybe they thought if their decision was wrong, it’s better to be wrong via an acquittal then to be wrong via finding guilt.
My belief in Casey’s guilt is abiding, and I think the jury made a decision that speaks to their fear of getting it wrong, so they erred on the side of caution.
We all believed that because the jury took only eleven hours to come to their verdict, they must have found her guilty. I was so sure that was the case. I can’t help wondering that this jury did not delve into the evidence because they wanted or needed to get home.
My head tells me, this jury, who are supposedly people without vendettas, without prejudice, without agendas, have made the best decision because we have trusted them to do so, and twelve of them have sacrificed two months of their individual lives to fulfill their promise.
And so, I should accept the jury’s verdict, just as Assistant State Attorney, Jeff Ashton so gracefully accepts it. I’m struggling with this. Really struggling.
Jeff Ashton was on the Today Show this morning. He has accepted with grace and understanding this verdict. Watch Jeff Ashton on the Today Show: http://today.msnbc.msn.com/id/26184891/vp/43651905#43651905
So, what went wrong? I never, never expected things to go this wrong. How did it happen to go so wrong? Were Casey Anthony’s parents partly to blame because of all the lies they told? Did the family muddy the water just enough that the jury did not know who to believe? Did the jurors think that the garbage in Casey’s car explained the smell of decomposition? Did they believe Jose Baez’s claim that Caylee’s death was a tragic accident? Did the jury sympathize with Casey and did not want her to pay with the rest of her life? If that is the case, what about Caylee? Were they only thinking about Casey and nothing about Caylee?
The charge must fit the crime.
Did the State of Florida overcharge Casey Anthony?
The charges, though fitting of the crime in my view, must fit the jury’s ability to grasp all of the elements of the crime. Was the case so convoluted and muddied to such an extent by the defense, they took reasonable doubt to an even higher standard? No cause of death. No eye witness. No CSI moments. Just a lot of circumstantial evidence.
The death penalty and circumstantial evidence may be a hard sell for a sentence of death, or life in jail.
Did publicity hurt this case?
Scott Peterson was convicted of Capital Murder with much less evidence. That trial was not televised. Did the TV play too big of a part in this case? Did the transparent and liberal public records law in Florida damage the case?
I read so much of the discovery in this case, there was no doubt in my mind of who was responsible for this crime.
If the State of Florida had to do it again, would the charges start with 2nd degree murder? I believe, though in hindsight, this would have been just since the cause of death, tragically, was ruled unknown.
Had Caylee been found the first time Roy Kronk relieve himself in those woods, it would have been a very different case, obviously.
There are many more questions than there are answers.
Theory of the Defense
I believe that Jose Baez and team floated theories that were deceiving and not at all a search for the truth. I felt this defense team was unethical. Do they teach trickery in law schools?
Why couldn’t the jurors see the tricks and the deception of the defense team?
I truly thought that a reasonable person should see through the smoke and mirrors and see what the defendant did to her very own child.
Why didn’t this jury at least ask themselves, “What is reasonable about not reporting a child’s absence for 31 days?” Answer? It is NOT reasonable! It would never be reasonable!
Didn’t the State of Florida make it clear that this mother NEVER, for 31 days, cared one bit for her child and lied about her whereabouts?
Did the jury buy the drowning accident? I think they must have. Didn’t they want evidence of drowning?
Was this jury just so anxious to get home? Is that why they did not review the evidence?
When reasonable doubt is the standard, shouldn’t the penalty be reasonable, too?
Reasonable doubt is a high standard, as it should be. If this standard did not exist, the possibility of a Police State could easily become our governing system of justice.
To me, reason and justice are entwined. Maybe the problem is that reason means different things to different people. Is it as simple as knowing right from wrong? Not exactly.
I think reasonable doubt is sometimes an unreasonable concept for people to understand. This is the “reasonable doubt” the jurors were told to apply, as written in their jury instructions:
Whenever the words “reasonable doubt” are used you must consider the following:
A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced doubt.
Such a doubt must not influence you to return a verdict of not guilty if you have an abiding conviction of guilt. On the other hand, if, after carefully considering, comparing and weighing all the evidence, there is not an abiding conviction of guilt, or, if, having a conviction, it is one which is not stable but one which wavers and vacillates, then the charge is not proved beyond every reasonable doubt and you must find the defendant not guilty because the doubt is reasonable.
It is to the evidence introduced in this trial, and to it alone, that you are to look for that proof.
A reasonable doubt as to the guilt of the defendant may arise from the evidence, conflict in the evidence or the lack of evidence.
If you have a reasonable doubt, you should find the defendant not guilty. If you have no reasonable doubt, you should find the defendant guilty.
Because the definition both of “reasonable” and “doubt” are subjective, it stands to reason why the court attempts to define it in such as way as “reasonable” people can apply their own ethical thermometer to the amount (or level) of reasonable doubt they apply to the question of guilt or non-guilt.
adj.1 having sound judgment. 2 not absurd. 3a not excessive; inexpensive. b tolerable; fair.
n.1 uncertainty; undecided state of mind. 2 inclination to disbelieve. 3 uncertain state of things. 4 lack of full proof. v.1 tr. feel uncertain or undecided about. 2tr. hesitate to believe or trust. 3intr. feel uncertain or undecided. 4 tr. call in question.
My reason tells me:
- A child in the woods whose face is covered in duct tape is wrong.
- An accident made to look like a murder is wrong.
- A mother not reporting her child missing is wrong.
- A car with the smell of human decomposition means something is wrong, just as Cindy Anthony said, “There’s something wrong…”
- A mother thinking her life is beautiful now her child is gone, is that mother’s right, but it is wrong by every ethical standard.
- A Father molesting a daughter is wrong. Did it happen? There is no proof either way except a liar says it is so.
I also think that how a person’s individual definition of right and wrong plays into their understanding of reasonable doubt. What I think is wrong and what you think is wrong, may be different.
Maybe this is problematic with juries. Maybe we need a better way to define what reasonable doubt means. It would be good to give examples to jurors.
Or, maybe we could give potential jurors a test – if they fail this test, they cannot be jurors!
That may be prejudicial though.
How about we change laws about lawyer credentials – insist they take a test to prove that integrity and ethics are values they hold dear.
Drama was in full swing today when Jose Baez, during his over-the-top argument to the jury, suddenly screams, pointing to Assistant State Attorney, Jeff Ashton, and says “…that laughing guy!”
And, well, Ashton was smirking, there’s no doubt about it. Regardless, it completely infuriated Judge Perry when he heard Baez shout, “that laughing guy.”
“SUSTAINED,” Judge Perry screamed at the same time Jeff Ashton bellowed, “OBJECTION!”
Judge Perry immediately sent the jurors out, while the attorneys went into chambers. Then, the next thing we knew, the Judge, in his shirt and tie, is seen stomping in the courtroom hallway flanked by three uniformed police officers. Everyone thought contempt charges were imminent. The thought of Jeff Ashton being charged with contempt was horrifying; a nail-biting time. Thankfully, Judge Perry softened, giving the attorney’s another chance to maintain decorum as the Judge had previously ordered they do.
It is unclear to me whether Mr. Baez was going to face contempt as well. It seemed obvious that the real infraction had to do with Jeff Ashton’s facial expressions – he’d tried to hide a smile by putting his hand over his mouth, making Baez livid. Frankly, I can’t blame him. Jose’s antics were maddening and laughable at the same time. Nonetheless, Ashton was wrong to react as he did.
I was shocked not only that this serious situation was playing out in the courtroom, but also at what Jose Baez did to help the situation. Mr. Baez, magnanimously, asked Judge Perry to not hold Mr. Ashton in contempt. He then apologized for getting caught up in the moment. After both attorneys apologized the proceedings continued as usual.
The dramatic day began with a brilliant and cohesive closing argument by Jeff Ashton. The State’s opening lasted only 77 minutes. Baez and Cheney Mason (who literally put me to sleep), used the full four hours given to them to argue their case.
Jeff Ashton methodically laid out the lies Casey told. Ashton noted Casey Anthony’s ability to keep her lies together was a result of her intelligence. She’s a smart girl, he told the jurors, she seamlessly moves from lie to lie to lie. “Her lies are impressive,” Mr. Ashton, added, with a good dose of cynicism.
I began to take notes as I listened to Ashton, but abandoned them because his argument became incredibly compelling and I didn’t want to miss a word!
Mr. Ashton pointed out that Casey needed to do away with Caylee because she was beginning to talk and could inadvertently blow Casey’s cover. If George or Cindy had asked Caylee about Zanny, it would be all over for Casey. Therefore, argued Mr. Ashton, Casey needed to “get rid” of this problem.
Ashton described how the three pieces of Henkel duct tape were applied to Caylee, and were proof of premeditation. The first piece of tape covered her mouth, the next piece covered her nose, and the third piece placed over the two previous pieces to ensure the air was blocked.
And, like so many of us hope and pray, Ashton said, “One can only hope that that chloroform was used beforehand (before the tape was applied).”
In a very poignant moment Mr. Ashton pointed out the terrible irony that the tape used to kill Caylee, was also used by George Anthony to implore people to find her – to hang the missing Caylee posters.
The Baez Closing
Jose Baez began his argument rather weakly, then built up steam, only to climax in the middle of his argument into a screaming meme! Baez kept this loud, angry, screaming tone that had to get old fast for the jurors. How would you feel if someone is less than three feet in front of you and screaming their head off for three and a half hours?
Baez’s arguments were sustained in excess of ten times during his argument. Though many talking heads were praising Jose’s work. Even my favorite attorney, Bill Shaeffer, gave Baez a B-plus.
Granted, Baez made some good points, but he never got any “ah-ha” moments, in my estimation. I felt his arguments fell flat with a loud bang. And, Baez was really sarcastic and used the word “slut” in relation to Casey Anthony three or four times. He called her a liar, too. Childish, in my view.
In his argument, Baez heaped much of the blame on George Anthony, of course. Roy Kronk was a target, still, too. Baez called the State’s evidence “a fantasy.”
It was painful to listen to Jose Baez today as he twisted facts and massaged testimony to benefit the defense. It’s very aggravating to write about Baez’s closing – it was so annoying I nearly turned it off. And then, Cheney Mason got up to speak and he lulled me right to sleep so I missed the majority of his closing.
Baez had quite a number of visual aids. The visuals were nicely done and expensive looking. Baez had the pictures of the witnesses on magnets and then shifted them into groups on a poster board, aligning and moving the photos according to the story he wanted to spin as he trashed the State’s case.
The jurors were tired; Judge Perry, sensitive to their needs, saw that they were and the day concluded for them at 6:30 pm.
The lawyers and Judge Perry had not agreed on the Jury Instructions, they worked through lunch and into the evening to finalize both the jury instructions and the charging document for the jury to use. They recessed at approximately 8:00 tonight.
Tomorrow, the State of Florida will finish their closing arguments beginning at 8:30 am. Linda Drane-Burdick will begin for the State. I hope Jeff Ashton has an opportunity to argue again, too. I hope that Frank George is given an opportunity to argue as well.
Today was pretty amazing, and tomorrow will seal the deal for the State.
They will state their case beyond and to the exclusion of every reasonable doubt for this jury.
No doubt here!
In the IMDb (Internet Movie Database), for the movie, Dog Day Afternoon, it says:
A man robs a bank to pay for his lover’s operation; it turns into a hostage situation and a media circus.
In the case being tried right now in Orlando, The State of Florida v. Casey Anthony, it was a real dog day as the Anthony defense team focused on the Anthony family pet burials, and the testimony benefited the State of Florida.
A Dog Will Have its Day
Had the Anthony defense team stipulated that Casey Anthony learned how to double-bag dead family dogs in a blanket, wrapped up in a bag, and taped with heavy-duty tape, it would be one thing. BUT to HAND this testimony about burying dogs in a pet cemetery directly to the State is quite another thing, and is totally unbelievable!
The Defense asked Cindy, Lee, and George specific questions regarding the burying of animals – their intention was to illicit testimony that duct-tape was used, and George was the primary person burying the beloved dogs.
Clearly, the plan backfired in way that was justifiably poetic because one could not help but be left with the sense that Casey Anthony bagged Caylee this way because she’d learned and seen how it was done since she was a young girl.
The icing on this case was Jeff Ashton’s question on cross:
- Jeff: Did you ever take a dead pet and throw it in a swamp?
- George: No.
When Cindy testified about the dying dogs, Linda Drane Burdick followed up and asked Cindy if she’d ever given her animals chloroform, or taped their mouths shut with duct-tape?
The Defense Rests
It is amazing we have come this far – that the end of this case is almost here! Indeed, today marked the end of the Defense case (unless they’re allowed to put on Sir Rebuttal testimony), and it ended with a whimper, it fell flat as a decomposing pancake.
What did the Defense prove?
In opening statements, Jose Baez promised….
- Molestation by Lee of Casey. No evidence of.
- Molestation by George since age of 8. No evidence of.
- Drowning. Suggestive of evidence, but no direct evidence.
- Put Duct tape in George’s hands. Proven to be available to George, and Casey.
- Smell from garbage. Not proven. Too many State witnesses testified to smell of decomposition in trunk.
- Roy Kronk in possession of body? No evidence of.
- George throwing Caylee in woods? No evidence of.
- George is a ladies man? Possibly, but irrelevant.
Granted, it is not incumbent on the defense to put on a case; but they have put on a case, to their detriment. I can barely think of a single fact they have proved, can you?
It appears to me that absolutely nothing was presented to support the wild claims Baez made during his opening statement.
Cindy Anthony’s Big Blunder to Save Her Daughter
Last Friday, Cindy Anthony made the grave mistake of testifying that her work records were wrong to indicate that she worked during the week of March 17th to 21st, 2008.
Although her records say she was at work, and the State understood there was no dispute of this, Cindy Anthony got on the stand and testified that she was home and had made the searches for Chloroform.
The State of Florida turned to the company where Cindy worked at that time – Gentiva – and procured those records, proving that Cindy was indeed at work and could NOT have performed the search for Chloroform.
A serious question left on the table, did Jose Baez knowingly put Cindy Anthony on the stand knowing she would LIE?????
This is a serious matter, if true. We will hear about the fall out from this after the trial, if there is any truth to it.
River Cruz aka Crystal Holloway – An Affair to Remember?
I want to believe George’s version of this affair with Crystal Holloway; however, the conclusion I ultimately come to is, So what?
George is not on trial, his daughter, Casey, is.
In essence, I felt this testimony also backfired on the defense. It was explained that it was Casey, not George, who Crystal indicated George was referring to when he said mentioned the “accident snowballing out of control.” Crystal supported this and indicated that she never thought George was involved.
There were other defense dogs today, but it’s too late in the evening…
…. and I am dog-tired!
I find it’s difficult to write about the tumultuous day in the Orlando courtroom where Casey Anthony is being tried for the Capital Murder of her daughter, Caylee Marie Anthony.
It was a cruel day for George Anthony, Casey’s father. It was not a Father’s Day for Roy Kronk, either.
George is an ordinary man who has made ordinary mistakes. His love for his Granddaughter, Caylee Marie Anthony was extraordinary – more to him than life itself.
Today was a stellar day for the State of Florida, thanks to the defense team. Jose Baez, the most despicable attorney on the face of the planet, provided the State of Florida with extra energy today.
The performance of Jose Baez, especially today, was slimy; crueler than cruel.
His courtroom performance demonstrates, at least to me, why he should be immediately disbarred at the close of this horrendous case.
Baez tortured George Anthony today for hours. Is this American Justice? Can this be what our system is becoming?
When did the courtroom become a witness torture chamber?
George Anthony sat in that cold courtroom with his chest cut open while Baez poured acid into his open wounds.
It was painful to watch. Though I’m sure most everyone cheered the courage that George Anthony had today, no doubt they cried, too, seeing him lay there bleeding.
As he bled, George’s own flesh and blood, Casey Anthony, used her murderous eyes to cut him further.
Were those the eyes Caylee saw as she took her last breath?
My prayer for Caylee, just as her own mother snuffed the last breath from her, was that she was gently taken up by loving hands to a place we can’t see – beyond a veil, protected and loved. To the same place where her “Jo-Jo” wanted to go to be with her.
When George was explaining his suicide attempt, which Baez cruelly mocked, he said, through tears:
My emotional state even through today is it’s very hard to accept that I don’t have a grand-daughter…
I just felt like it was the right time to go and be with Caylee, I just decided that was the time for me to get away from all this, to spend time with Caylee..I didn’t want to be in this world anymore….
His voice trailed as he waited for Baez to land another blow to his already beaten heart.
Hell will have a special room for the likes of Jose Baez.
Anyone who would attack another human being at their lowest and most vulnerable – just when their heart is hanging out and freshly bleeding – is inhumane and certainly does not deserve to be called an officer of the court – a seeker of the truth.
Clearly Baez never learned the Golden Rule for defense lawyers. Juries do not like cruel defense lawyers and are likely to punish the client as a result.
The cruelty of this defense and this murderous daughter is coming full circle and will result in a charge of Murder One and the disbarment of Jose Baez.
The accusations, the lies, the innuendos from Baez have all back-fired. The State will bring it all forward in their closing statements, and will remind the jurors that the truth and this defense team are strangers, as the Honorable Judge Stan Strickland once said about Casey Anthony.
The boomerang effect has landed a death-blow to this defense.
And, it serves the defense right that their last witness of the day, Dr. Sally “Hello Dolly” Karioth, was more Carol Channing, singing “Before the Parade Passes By,” than she was grief counselor hired to help the defense. Jeff Ashton skillfully sliced and diced her testimony so skillfully she never knew what hit her! (By the way, did Judge Perry not see that she was chewing gum on the stand?)
And, lastly, Brandon Sparks, who appears to be a very troubled young man, blew it when he referred to his father as, “Roy Kronk,” and then as his “biological Father,” while testifying.
Jurors are not stupid; they will smell a son’s vendetta from forty paces.
Two children destroyed two fathers today.
Today’s parade of defense witnesses, in the State v. Casey Anthony trial, didn’t perform too well for the defense, however, they were colorful and in some instances, provocative.
In short, today’s defense witnesses were quite good for the State of Florida.
Here was today’s line-up:
- Joe Jordan – He was a Texas EquuSearch volunteer who served as a team leader, and originally thought he’d searched the area where Caylee’s remains were found, but admitted later that he was mistaken. He was subsequently rabidly pursued by the defense who wanted to use his original testimony to prove that the body could not have been in those woods at the time because Joe Jordan said he didn’t see a body. In an email, Joe Jordan had told Yuri Mellich that Caylee’s body couldn’t have been there because he was sure he and his team had thoroughly searched the area. But, the defense is STILL pursuing his original testimony in the hopes it will give rise to some reasonable doubt. There came a time when the defense was pursuing Mr. Jordan for his story, which troubled him so much he decided to tape his conversation with Morton Smith, investigator from the defense, without his knowledge. It is against the law for a citizen to record anyone without their knowledge (law enforcement may do so). Mr. Jordan, when questioned by Cheney Mason about being possibly charged with a felony, it scared him and he began to plead the fifth, which the State objected to. There were lengthy side-bars regarding this issue, and ultimately, the jury was asked to disregard the question and answer.
- George Anthony – He was asked if he knew River Cruz aka Crystal Halloway. He was asked if he had a romantic relationship with her; he denied this. Note: I believe that River originally denied there was a romantic relationship, too. George was very defensive on the stand and it appeared that he was hiding something. And, uh, there was no mention of molestation, drowning, or duct tape! Hmmmm.
- Cindy Anthony – She was asked about whether she had told Dominic Casey and James Hoover to search off of Suburban Drive for Caylee based on a psychic’s tip. I clearly remember that Yuri Mellich wrote in his police report that Cindy Anthony had claimed she’d sent people out to those woods and Caylee was not there. Today, she completely denied it.
- Lee Anthony – Lee said the exact opposite of Cindy. He did have an argument with his mother about sending Dominic Casey in the woods to look for Caylee. Cindy told Lee that she’d gotten a psychic tip and he was very angry. It was the first time his family was going to look for a “dead Caylee” and he was very angry. Frank George asked him if he was completely sold on his sister’s lies at that time. Strangely, Lee smiled, shook his head as if amused, and said, “yes, and no.”
- Yuri Mellich – he agrees that Cindy Anthony told him (as he’d written in his report), Cindy told him she’d “sent her people walk in that area and there was nothing in the area then.”
- Roy Kronk– Mr. Kronk was a FANTASTIC witness! He made
Cheney Mason, who questioned him, look like a bumbling, mumbling fool! Mr. Mason did his best impression of a tough as nails but folksy and smart lawyer, giving “knowing” glances to the jury, as if to say Mr. Kronk was a big ole liar when, in truth, Mr. Mason looked like the big ole liar. Oh, it was a beautiful thing. Mr. Kronk is Caylee’s angel; were it not for Roy Kronk no one may have found Caylee Marie Anthony. Thank you, Mr. Kronk, and GREAT JOB today!
- David Dean – Another meter reader, expressed to Roy Kronk that the area off of Suburban Drive “would be a great place to put a body.” During cross, Linda Drane-Burdick asked Mr. Dean, “Why did you feel this area was a good spot to maybe look for Caylee?” To which Mr. Dean indicated that in the jail videos of the family visiting Casey Anthony that she had told the family she felt Caylee was close by. This was not good for the defense! Meter Readers are now all heroes in my book, by the way.
- Alex Roberts – Roy Kronk’s supervisor, a senior meter reader, supported the series of events.
- Corrections Officers – Two officers were there to testify that Casey Anthony was a model citizen. This is totally irrelevant to this trial and the Judge did would not allow their testimony.
- Jesse Grund – Out of the presence of the jury, Mr. Grund said that Casey had told him Lee Anthony had “groped” her on two occasions. The defense would sure like to have this self-serving hearsay into evidence. They’d like to have the chance to have Casey’s allegations into the record. The judge is going to rule on this tomorrow. There’s no way this is coming in, but the defense can dream – let ‘em spend the night dreaming!
In other news today, we learned that the State, in their rebuttal case, is going to call people from Cindy’s former workplace, Gentiva. The individuals are from the Internet Technology (IT) group. No doubt they are going to dispute Cindy’s recent testimony about not being at work the days the chloroform searches were performed on the family computer. (You may remember, Cindy claimed that she was home that day and most likely made the “chloroform” searches – not Casey.)
Cindy claimed the only way to tell if she was at work would be to go back and look at her emails, but she’s sure those emails are no longer in existence. Hah! What Cindy doesn’t realize is that nothing on the Internet is gone forever!
The defense team told the Judge today they have only about 6 or seven witnesses left to testify, one of which is a grief counselor (who never met Casey, by the way), but Jeff Ashton was not able to depose the witness on a Saturday as he was dealing with other defense witness depositions (Furton and Rodriquez). Jeff Ashton is going to be at a disadvantage as a result of not having the opportunity to depose this witness. It remains to be seen if this witness will be allowed to testify.
Judge Perry advised the defense that when the defense is ready to rest their case, he will advise Casey Anthony that she has the right to either testify or not, and it’s solely her decision.
The defense case is going downhill so fast, and so completely, the only way to get the evidence of accidental drowning and the molestation out there, she will have to testify.
It’s a bad idea, of course, but, hey, when you’re very life is on the line, maybe it’s not such a bad idea after all?
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!
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!
Thrown away. Discarded as if she was trash.
Her life ended before it began.
Of course, I am referring to the murder of the beautiful little Caylee Anthony who was tossed away like garbage into a horrid and dirty grave.
The ground was littered with beer bottles, and other ugly things that people discard – cigarette butts and gross reminders that people think nothing of staining the earth with items they no longer care for.
A place not worthy to even be the cemetery of a pet snake, was the grave of a beautiful, beautiful child.
The evidence is piling on the defendant in the State of Florida v. Casey Anthony, with devastating effect as orchestrated by the Asst. State Prosecutors in Orlando.
The jurors, the attorneys, the Judge, and the audience in the courtroom saw something in that courtroom today they are likely to never forget. All reports from the courtroom convey that seeing the photos from the crime scene was like being hit by a tempest of horrors.
The thought of throwing away an animal in such a torrid, airless and oppressive place is unthinkable. But a child? A beautiful and delightful little girl who was the light of so many lives, is treated like trash?
A little girl who’s hair was trapped by the duct tape that also kept her little mandible in place, had plant life growing in and around and over what was left of her skeleton. The Medical Examiner explained that it’s rare that a mandible (lower jaw) stays attached as the remains become skeletal in nature.
The Henkel duct tape kept Caylee’s mandible in place, proving, they say, that Caylee was alive when that tape went on.
Tears for Caylee? Hardly.
I saw anger in Casey Anthony.
She was irritated and angry.
She was in jail when Caylee’s remains were discovered and probably realized today, as the photos she saw attest, that she didn’t throw Caylee very far into those cruel woods.
Yes, Casey Anthony was angry today. Her forehead was many times furrowed, hardly lined with grief.
She looked at tears on her fingers that were not there.
She patted her cheeks with a perfectly folded tissue. As a woman, when tears come, the tissue that we use to wipe away the tears, shreds. The ends of the tissue rolls up like a piece of a twisted pasta as it crumbles from the tears filling and soaking it.
No, Casey Anthony was not crying today, but the defense team was quick to position her body so the jury could see her dab her eyes.
But, the jury didn’t look at her.
How could anyone look at her after seeing such images?
She is as cold as a snake after it bites.
I wanted to hurl.
Hearing the lie upon lie upon lie from the lips of the despicable Jose Baez (who mangles the English language, by the way), made me sick to my stomach.
Mr. Baez told some story, didn’t he?
Baez took certain known facts of this case, which would have come out via the State’s case, and twisted them to such an extent that I found myself thinking, there is no lie too good for this man. How low will this defense go?
We heard today how low they will go. They will play with fire. They will make accusations that are evil.
However, we must remember that opening statements are an opportunity for an attorney to explain their case as they would like it to turn out.
Things said in opening statements do not have to be factual.
But, if the defense promises to deliver proof to the jury of what is said during the opening, they’d better stick to that promise, because the jury will remember these things.
And, sure enough, Baez already broke one of those promises when he failed to convince anyone, in his cross of George Anthony, that 1) he is able to effectively cross examine a witness, 2) that he has any proof of George’s indiscretions with his daughter, and 3) that George had knowledge of Caylee drowning or that George was complicit in hiding the truth about the “accident.”
Suggesting that George had anything to do with Caylee’s death is about as believable as suggesting that a bag full of garbage could smell like a dead body.
Speaking of which, Baez took a page out of Cindy Anthony’s book when he said the garbage in the Pontiac Sunfire, was the cause of the horrific smell. Baez said, “the car was in the hot Florida sun for 3 weeks.”
Baez put on a show of total desperation. Though Baez spoke of the desperation of law enforcement to blame the murder on his client, the allegations Baez put forth today were beyond the beyond of desperation.
Though, he did talk a bit too much at times, he did a fantastic job keeping it together today. I felt very sorry for George.
The Home Run
There were quite a few stunning moments today, the best of which was the moment when Jeff Ashton called George Anthony as witness number one! Jose Baez clearly was not expecting this and he was knocked off his game – totally screwed his cross examination of George.
It was absolutely BRILLIANT of the Prosecution to call George first! It was incredibly well timed and completely knocked the defense completely for a loop. Jeff Ashton was a cool as a cucumber and as perfectly pitched as a anyone could be while he questioned George. He was kind, respectful, and patient with George.
When the defense began to hint that George would be the fall guy, I thought that both Cindy and George Anthony would end up being prosecution witnesses – helpful to their side. This may very well end up being true. The defense will rip the Anthony’s up so cruelly that every one, including the jurors, will be very sympathetic toward the Anthony’s.
Of course, it is no surprise the defense would use the Anthony family as road kill, but I never, never, never dreamed it would be a vicious, as low, and as deplorable as what we heard today.
Caylee was never missing, says Baez, she drowned in a terrible accident.
The jury will be asked to accept the idea of Casey’s silence in the face of George’s intimidation of her.
Could any one of us even dream that Baez would say that George Anthony abused Casey to the point of fornication?
Who could even imagine these disgusting and reprehensible allegations, that we know are not true, could even be asked?
First of all, this “theory” of the defense is a result of Casey Anthony writing to her jail house pal, Robyn Adams. Casey suggested to Robyn that Lee abused her sexually. Casey told a few people about this.
Then, in her letters to Robyn, Casey does not say outright that George abused her, instead she tells Robyn that she’s having strange memories coming back to her that George may have also abused her.
I would like to know how the defense makes the leap of faith from a suggestion in a letter about a dream to now say, in open court, that when she was eight years old, George put his penis in Casey’s mouth?
Dear God, what could be more despicable?
Hell has special places for persons who would suggest such things.
The defense team, we now know, is not done with Roy Kronk. But, Kronk will hold up. I have no doubt he will be okay through this – well, I hope so.
Baez, incredibly suggests that Roy Kronk had a hand in hiding the body.
There are other things that Baez suggested today, such as:
- Caylee drowned in family pool
- George assisted in disposal of body
- FBI was so concerned about the father of Caylee, says Baez, they gave Lee a paternity test. When asked about it, Lee said he’d talk about it when the time was right
- Follow the duct tape, says Baez, it will tell you who put Caylee in the woods
- George wanted to take his own life because of what he did, hence the suicide attempt
- Casey hid her pain, in a dark corner of her mind all this time
This jury will see through the ploy of a daughter so desperate to do anything to walk out of jail that she’d accuse her own father, the brother she adored, of the most horrible things.
As we know, the defense is desperate. I have been saying for months that they have no case whatsoever and so must put the blame on George.
Of course no one believes for one moment that George had ANYTHING to do with the death of Caylee.
If all the things that Baez suggested today are true, how will they be proved? Ah! There’s the rub! Not a bit of what he said can be proved.
The only way to get any of these accusations before the jury is to put Casey Anthony on the stand. That would not work, we know.
So, this evil and sick lie will go no where, in the end. Jose Baez will have nothing to show for the sick allegations he made today.
And, the last thing I want to say is this:
Officers of the Court should not lie, but they do. Baez did.
I literally gasped when I saw the WESH headline that Baez was under investigation by the Florida Bar.
I wasn’t surprised, I had just not expected it since none of the media outlets were covering what I thought was a huge, bombshell of a story!
With last Friday’s document release of discovery, there was a great deal of material about the Laura Buchanan issue in which Jose Baez, desperate for some exculpatory evidence to create doubt for Casey, allegedly (according to Brad Conway), lied in open court to Judge Perry. (The information is in a transcript of an interview with Brad Conway and the Orange County Sherriff’s Office (OCSO), and it is shocking.)
Two days ago, I published a story about this very issue. Read: Big trouble for Baez?
According to WESH, Karen Kirksey, a Florida Bar spokesperson, confirmed there is an open file on Baez, but it is confidential until such time as probable cause has been found.
Veteran trial attorney, Bill Sheaffer, legal guru for WFTV, in an interview with Kathi Bellich, says there is no more serious charge that a lawyer can face. If it is indeed true, and if Brad Conway is to be believed, this is reprehensible. Sheaffer said this is a very serious allegation – just as serious as a lawyer stealing from a client.
Sheaffer does say that this will NOT impact the trial, BUT it will seriously impact Baez’s credibility with Judge Perry.
Let’s recap what happened:
It began when Todd Macaloso stood in open court and said that Casey Anthony was innocent, and they can prove it. Macaloso was referring to the alleged statements of Joe Jordan (who later realized he was wrong and had not searched where Caylee’s body was found, he was a about 30 feet off).
The defense was aware of Joe Jordan and his initial claims and they jumped all over it. Then, not too long after Joe Jordan, along came Laura Buchanan who claims she searched where Casey’s body was later found, but said the area was DRY and Caylee was not there. (She later recanted and now admits to falsifying the TES document.)
While Laura was a legitimate TES searcher, her actions were wholly illegitimate. She is now being investigated by the OCSO for tampering with evidence.
Before all this was known about Buchanan, however, she simply wanted to insert herself in the case. She falsified a TES search document saying that she’d been in the location where the body was found. In addition, she falsified Joe Jordan’s name on her bogus TES form, then attempted to coax him into calling Baez. Joe Jordan never did.
Then, in August 2010, Baez wrote a motion in which he claimed that both Laura Buchanan and Joe Jordan will come into court and say, effectively, that Casey could not have put Caylee’s body where it was found, because there is proof Caylee was not there in September of 2008. Casey could not have put Caylee there, claimed the Defense – Casey was in jail.
As I laid out in Monday’s post, Jose Baez had long been requesting of Brad Conway to contact Laura Buchanan as she had some important evidence that is HUGE for Casey Anthony. Baez asked Conway at least three times, over a period of a year, to contact Buchanan, Conway never did. As such, Conway was not aware of what Laura Buchanan would say.
Brad Conway told OCSO that he did not want to help Baez because he was furious with him for going behind his back and working with the Anthony’s to reverse a previous waiver of conflict with Tim Miller that allowed Mark NeJame to represent him. Baez worked with the Anthony’s to try and reverse the waiver of conflict. Such a thing is not done and it infuriated Conway. Furthermore, Conway told OCSO, that if the information from Laura Buchanan was so critical and exculpatory, Baez should be handling it himself! It was not Conway’s job to work for Casey’s Defense.
However, Conway DID agree to go to Mark NeJame’s office and look through the TES documents to try to find if there were any documents with Buchanan’s name on them – Conway found none. In addition, Baez asked him again to search for a half dozen other names in the documents, one of the names was Roy Kronk. Brad did comb through the documents looking for Roy Kronk’s name. He found none.
To make this long story short, the reason why Baez is in serious trouble is because, in August 2010, to bolster his claim about Laura Buchanan and Joe Jordan being critical witnesses, Baez lied and said that Brad Conway ALSO knows that Caylee’s body could not have been at the location in September 2008, because he has two witnesses (and now Conway) who will support this.
Brad Conway vehemently denies ever stating such a thing to Baez.
Brad Conway, as far as I am concerned, is believable. And, as we have known for some time, Baez makes his own rules and seems to be cut from the same cloth as the Anthony’s.
Oh yes, this is indeed a BOMBSHELL!
There were quite a few happenings in the case against Casey Anthony today.
The best news of all was related to Roy Kronk, the gentleman who discovered the remains of Caylee Anthony, in December, 2008. Judge Perry ruled against the Defense bringing into testimony any mention of Roy Kronk’s supposed “prior bad acts.”
A collective sigh of relief was probably released around the blogosphere as a result of that news. Nearly everyone complained about the horrible way the Defense was characterizing Kronk. They (the Defense) floated a sick bunch of stories that his ex-wives conjured up, and that Baez and company wanted so badly to further fabricate at trial.
However, the Judge is allowing the Defense to ask Kronk about his 911 calls. That’s only fair.
I don’t doubt that Kronk will be a good witness. He was straight forward and honest in his multiple interviews with the Detectives, so I bet he will do just fine.
I’m glad for Roy Kronk; the position that he was being put in by the Defense was unfair, and in my view, unethical since the Defense had only rumors, not a single FACT to support the ex-wives stories.
Read the Judge’s ruling with regards to Roy Kronk here.
Other interesting happenings today in the case included news that Linda Drane Burdick filed a request to have Casey’s “pen-pal” from the jail, Robyn Adams, brought to Orlando to testify for the State, presumably against Casey Anthony. Robyn Adams is currently imprisoned in Tallahassee on drug charges. The Judge approved the request.
As for the additional motions that were decided today, they are:
1) The Defense motion to subpoena Joe Jordan’s photographs. DENIED. The judge wrote that the Defense did not provide adequate facts to support their claims that the photos were relevant.
2) The Defense entered a motion to limit the use of a telephoto lens in the courtroom. The Judge today said: DENIED.
3) The Defense a while ago asked to have the Justice Administrative Commission (JAC), pay for extra costs the Defense accrued for transcripts. The Judge APPROVED the $860.70 that the Defense requested.
4) The Defense filed a motion to forbid any testimony that Tim Miller, EquuSearch President, might give about Casey Anthony nearly pointing on a map where Caylee’s remains would be. The Judge APPROVED this motion. This was no surprise as the State said they would not have asked Tim Miller to speculate about what “might” have happened had Casey not been stopped, and pulled out of the room by her mother.
5) The Defense’s motion to keep the table knife found in Casey’s car out of the case was APPROVED.
So, that’s it! A busy TGIF in the Casey Anthony case.
There are still quite a few outstanding motions that the Judge has yet to rule on. With luck, these will be decided next week.
In the mean time, there is a hearing planned for next Monday, at 4:00 pm, to discuss the Defense request for more funds to pay for the investigative work they claim is necessary.
Let’s hope their investigator does not attempt to do to another poor soul what was done to Roy Kronk.
It sure is interesting that the Casey Anthony defense doesn’t answer the state’s motion for sanctions, but does file a flurry of new motions (nearly 22 at last count), requesting they be heard on January 3, 2011. One could conclude that the defense may be attempting to shift attention off of the very serious sanction motion via it’s ocean of motions just filed.
Now it seems very unlikely that the court will be able to hear this ocean of motions in a half day court session. One could easily drown in the paper it took to file these ponderous documents.
Let’s look at what the defense is requesting be heard on Monday. They submitted a “Notice of Hearing” motion in which twenty-two items are listed. One would think that the motion for sanctions by the State will take up a lot of time on its own and there will not be time for this litany of items.
Defense “Notice of Hearing” motions:
- Motion to Restrict Telephoto Courtroom Photography and Audio Eavesdropping of Defense
- Motion to Compel Judicial Administrative Commission to Pay for Transcripts of Oak Ridge National Laboratory Depositions
- Request Court Determine Bad Prior Acts of Mr. Kronk based on Motion Papers filed
- Motion in Limine – Sexual Interrogation of Lazzaro
- Motion in Limine – Sexual Interrogation of Rusciano
- Motion in Limine – Speculation of Defendant Knowledge by Texas EquuSearch
- Motion in Limine – Neighbor and Shovel
- Motion in Limine – Table Knife
- Motion in Limine – Character of Stealing and Lying
- Motion in Limine – Tattoo
- Motion to Suppress – Jail Interview of Defendant by “Agents”
- Motion in Limine – Jail Video of Announcement
- Motion in Limine – Jib Jab Cartoon
- Motion in Limine – Defendant Myspace “Diary of Days”
- Motion in Limine – Cindy Anthony Myspace
- Motion in Limine – Decomposition Chemical (Frye)
- Motion in Limine – Chloroform (Frye)
- Motion to Exclude – Root Growth (Frye)
- Motion for Subpoena Duces Tecum RE: Joe Jordan
- Motion to Exclude – Post Mortem Banding
- Motion to Exclude – Stain in Trunk of Car
- Motion in Limine to Exclude – K-9 Alerts
Now, I don’t believe that all the requests listed here have motions attached to them. Correct me if I am wrong, but I cannot remember reading motions for topics number 17, 18 and 20, unless they were filed a while ago and I have forgotten them? And what about item number 3, Kronk’s prior bad acts? Was there a motion? Judge Perry distinctly told the defense that they would have to argue the Kronk motion by the end of the year. Will Judge Perry allow them to argue this on Jan. 3?
The items that have “Frye” attached to them require arguments by both sides as to admissibility. The Frye standard is used to determine if new or novel scientific evidence is reliable enough to be permitted in a court of law. Therefore, the defense wants to present expert opinion that challenges the State’s findings regarding decomposition, chloroform, and root growth.
All of these items, you may recall, are being challenged by the defense as unreliable science. I think “junk science” may be how the defense characterizes it. In a hearing, however, some of these items may be so contentious to require a separate hearing. Generally experts testify at these hearings and the judge will decide what scientific witness testimony can enter into evidence.
It seems doubtful that Judge Perry will be able to hear arguments on each of these items. What they will have to do, most likely, is determine dates in the future to hear each of these items.
In addition, the State of Florida recently filed its own, well crafted and revealing motion. Read it here: State of Florida Motions in Limine.
In their motion, the State is asserting that the defense is maligning the Orange county Sheriff’s Office, the Prosecution, witnesses and the case itself in the media.
This motion lists six items they want the defense and the defendant to STOP referring to. In short, the State is particularly perturbed and is requesting the defense ceases to discuss:
- Their own personal opinion regarding whether the defendant is guilty or not guilty. However, the defendant is innocent until proven guilty, that’s a given, what the State is referring to here is to stop the emotional proclamations during hearings about guilt or innocence when guilty or not guilty is NOT the topic at hand. The burden is on the prosecution to prove, beyond a reasonable doubt, that Casey Anthony is guilty as charged. The burden on the defense attorney is to ensure that the state’s case is factual, honest, and can be proven. The defense can only offer alternative scenarios to rebut the state’s evidence if it is plausible to a Judge, and stands the test of admissibility. The jury decides guilt. No one else.
- Testimony about character traits of Casey Anthony. In other words, keep discussions factual, not personal, i.e. she’s a good mom, pretty, etc.
- Any name calling by the defense – please do not call or refer to witnesses as “liars” or use words to that effect.
- Any discussion about the State Attorney’s office or the OCSO “leaking” information to the media, or others.
- Discussions related to the OSCO or anyone arranging for Casey Anthony to be video taped in the jail while learning that remains were found on Suburban Drive. With regards to this item, there is a good chance this video will not be allowed in the trial due to Casey’s 6th Amendment right to having counsel present, as her reaction to the television coverage could be inferred as testimony.
- Any discussion or testimony that the State or the OCSO engaged in improper acts with regards to the case.
This statement in the State’s motion is particularly telling:
During the course of the pretrial process, counsel for the defendant has made public statements, filed accusatory pleadings, and asked questions in deposition relating to the issues listed above. it has become clear that it is the intention of the Defendant to place the Orange County Sheriff’s Office and the prosecution itself ‘on trial’ in order to shift the attention of the jury away from the evidence indicating her guilt.
The trouble with this motion by the state? It is asking the defense attorney’s, Jose Baez in particular, to act like real lawyers and behave. This is not going to happen. The behavior exhibited by Jose Baez cannot be curtailed as it appears to be intrinsically weaved into his personality as a lawyer.
No amount of state motions or requests can change the stripes on a zebra.
Regardless, Monday is going to be full of fireworks!
Hear ye, hear ye, here comes yet another hastily written and sloppy motion from Baez, and Company.
The latest in a long string of recent motions entered by the defense, concerns the jail video taping of Casey Anthony as she learned that the body of a child was found near her parents home, in the woods off of Suburban Drive.
This short motion appears hastily created. There is no case law cited, and rather than listing the Honorable Belvin Perry as Judge, it lists the Honorable Stan Strickland. Oops!
In short, the motion claims that the video taping of Casey’s reaction to the media coverage, violates her sixth amendment rights.
However, the Sixth Amendment is broad and covers a lot of ground pertaining to the rights of a person charged in criminal cases.
The wording of the Sixth Amendment is as follows:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. ~ Amendment VI, The Constitution of the United States of America
Let’s set the stage and look at what happened and then analyze this from the standpoint of a defendant.
On December 11, 2008, when Roy Kronk successfully alerted the authorities of seeing skeletal remains in the woods, and when Yuri Mellich, Lead Detective on the case for the Orange County Sheriff’s Office, determined that the remains could be Caylee Anthony, it was decided to monitor Casey Anthony’s reaction to what was found.
If what was found there in the woods was indeed Caylee Anthony, Casey’s reaction would confirm it.
So, OCSO set about to have the jail assist, and both police and jail employees conspired to video tape Casey as she watched the media coverage.
Tammi Unser, jail employee, escorted Casey to the medical area of the jail where the televisions and cameras were set up. Casey Anthony, while waiting in the lobby area of the medical unit, was able to see the local Orlando coverage of the discovery of the remains (of Caylee Anthony).
Casey’s reaction to the news reports was dramatically vivid in that she doubled over, and began to cry. And what was striking in this regard, when news broke much earlier in the investigation, that bones were found in the Blanchard Park area, Casey did not flinch, or show concern in the least. Why? Casey knew Caylee was not dumped anywhere in the vicinity of Blanchard Park.
The OSCO got the reaction they wanted, and of course Casey’s reaction is damaging to defense, as such they seek to exclude the video from entering evidence in the trial.
The nature of the defense motion is the claim that Casey was denied the assistance of counsel, and since she evoked her right to counsel early on, they claim this was a violation of her Sixth Amendment rights.
It very well could be.
Frankly, what law enforcement did in this instance does appear to circumvent Casey’s rights. Law enforcement did set her up to obtain a reaction, which they got. Furthermore, Baez claims that during the time Casey was viewing the news coverage, he was at the jail waiting to see Casey, but was denied access to her right away.
If this indeed is true, and Baez was waiting to see her, then I concur that this certainly seems to be a blatant violation of her rights. On the other hand, if the State can prove that Baez was not at the jail at the time Casey was viewing the news, then the video recording or her reaction may be fair game.
I say this in light of the fact that witnesses who work in jails or prisons do testify, and snitches testify, too. Therefore, logic tends to justify this scenario as not violating Sixth Amendment rights, since jail employees, snitches, and cell mates testify all the time in criminal prosecutions.
But, here’s the rub: When did Baez arrive at the jail? Was he really waiting to see Casey during the time they were monitoring her reaction? If Baez was made to wait while this scenario played out inside the jail, I would cry foul, too.
If however, jail records prove that Baez was no where in the vicinity of the jail during the time, wouldn’t it be fair game to observe the actions of a defendant in the confines of jail?
Sounds logical, but there’s no telling until the Honorable Judge Perry hears arguments.