Friday, December 12, 2008

Anthony Emergency Hearing

In yet another waste of the court’s time, the hearing was over rather quickly.

Linda Kenny Baden will cover the forensics.

Jose lays out his argument. They believe that it would be important the court address their ability to observe "alleged" crime scene and forensic testing.

Pros: his motion doesn't have crime scene

Judge: not going to mention crime scene

LKB: Missing body of child found and still in possession of ME. They want either/or:

Have somebody observe autopsy for defense:

getting Dr. Kathy Reichs (sp) forensic anthropologist from Montreal

To observe, not to interfere, as well as Dr. Werner Spitz on call to observe the autopsy

(aaaaccccckkkkk)

Pros: Me required to maintain specimens, seize and retain info relating to ID and COD.

ME has COMPLETE CONTROL, FL laws are very clear.

Issue is the body is unidentified.

The ME needs to have the dignity and integrity of their office preserved. Should not make a circus of autopsy. ME office must preserve all evidence.

Judge: Second review of the body?

Long and short: Laws are designed to preserve evidence.

OCSO ATTY: FBI will do ID. Ongoing investigation, no identity. After ID, kicks over to States attorney.

Pros: No due process right to discovery in FL law that would allow this.

Until body determined to be Caylee, defense has no right to observe testing of any evidence.

Confidentiality of videos, photos, etc. of autopsies. Public policy... autopsies have higher level of respect than any other examinations.

Not make them public record.

Respect for dead carries over into this case. Doesn't want a defense expert on a national news show describing this child's remains. Cites Henry Lee doing so after examining Casey’s car.

LKB: Crime scene: they expect to have H. Lee to come in, after State is finished. Want it held for Dr. Lee.

Also, Dr. Timothy Huntington, forensic entomologist.

If not observe in situ, to allow them to come in after autopsy to review the body

no videotapes to be taken

want to see x-rays now, not later

Pros. objects... no motion filed yet

LKB - will file a motion

LKB is told to limit her arguments to autopsy

LKB: Observe first-hand/do a review immediately after

OC Atty: this issue is not ripe, defense has no standing, remains not ID'd yet. Speculation, anticipation, but no scientific response.

Judge asks if it would be too late.

She says no. ME's responsibility to ID body FIRST.

No testimony presented that a complete and adequate examination can't be done after the autopsy.

Calls observation egregious. "Strangers" present for the autopsy of a young child.

LKB said she wanted her experts to suggest things... that’s interference!

Baden replies: Wants best information for her client.

Judge: Has county said there has been no tentative ID?

LKB: Baez was told child likely Caylee.

(Size and hair color match)

Do they have to wait for FINAL ID?

Asking not to desecrate any remains... observe in situ

Pictures won't be as good.

County: no tentative ID

Judge: Body of the motion, para. 5. If body id's as Caylee...

Request DENIED! No tentative ID.

Court may reexamine in terms of second review of body after ID and autopsy.

Would interfere w/ME and those w/statutory duty

After ID, ME will notify whoever needs to be notified.

DEFINITIVE ID! Not tentative.

Pros: Can't give date. FBI has that.

LKB says that nobody can get in FBI labs.

They are going to hold up the body 2-3 weeks???

Pros: They will be notified after definitive ID.

LKB's not HAPPY CAMPER!!!

Jose speaks: more emergency issues

These forensic items have passed a certain time and time is of the essence, wants permission for a second autopsy via written motion.

Crime scene: pros has no problem turning over crime scene (shades of Spector)

Judge wants time frame.

"Total guess"

Judge: ASAP

By agreement of the parties (however rare they are - judge)

CNN

Thanks ritanita!

13 comments:

Nanouk said...

Mmmmm... Linda Kenny Baden, Werner Spitz, Henry Lee... Where have I heard these names before? ;-)
How could these "experts" keep any credibility after what we saw and heard from them in the Harvey Phil Spector trial? How can Casey Antony afford their rates? Maybe they've gone cheap after their HPS disaster? Maybe they're in free for the publicity?

Nanouk

P.S. I love Kathy Reichs!!!

shari said...

Can you believe the players??? Nanouk, you are correct in wondering where the dough is coming from for these high priced people. Living here in Orlando, I am sickened to think we may have a repeat of the Spector debacle. Hopefully our local D.A.'s and judges will NOT be swayed into camera mode by all these players UGH! So far local LE has done an excellent job and so has DA office. I don't know about the judge/s because Judge Strickland will soon be off the case and a new judge to take over. For the facts, Beth Karras is so spot on at TRU TV, as she was in the Spector trial. We also have "DR. G" as our ME here and I can't think of anyone better and more thorough. All court records except for domestic issues are readily available online from the Orange County Clerks office per our Florida "Sunshine Laws" You can look up the Anthonys and anyone else. Property records and tax records are also available online. The Anthonys could never afford these experts. http://orangeclerk.onetgov.net/

Anakerie said...

Amazing how many familiar names are climbing on Jose's bus, isn't it? The more we watch this case, the more bizarre it gets... The trial is going to be a very interesting one!

DS4 Family said...

Hello EVERYONE!!

I AGREE NANOUK!! Where on CREATION is CASEY ANTHONY'S MOOLA falling from? How can she AFFORD ALL THIS HIGH PROFILE STUFF? I guess the SAME WAY SHE AFFORDED THE SO CALLED "NANNY"!! Robbing ANYONE to PAY FOR IT!! I PERSONALLY think she is SUNK. Yesterday it was stated if they FOUND "INTENT" the DP would be back on table and she will sit and rot till the cows come home!! So far "IF" the "DUCT TAPE OVER MOUTH" is "TRUE"...WELL HUGE INTENT!! Also if PRECIOUS CAYLEE'S NECK IS BROKEN, YUP INTENT. I think that is why BAEZ wants to be PRESENT...YOU KNOW the FBI might just break those neck bones to prove INTENT!! I think BAEZ is EXACTLY LIKE CINDY...LOONEY TOONS!! How can anyone THINK THE FBI is "OUT TO GET" CASEY? Like those FBI folks would RISK REPUTATION AND JOB for a LOSER SKANK LIKE CASEY. She should only WISH!! I think BAEZ and CINDY need to WAKE UP. Firstly CINDY AND GEORGE should shut their mouths as they LOOK SO STUPID NOW WITH ALL THE INNUENDO they have spewed for 6 MONTHS. They should just go home and GRIEVE. STOP ENABLING CASEY. ACCEPT what we ALL HAVE FOR MONTHS and try to get on with DOING RIGHT BY CAYLEE. CAYLEE is all that MATTERS, ALWAYS HAS AND ALWAYS WILL. BAEZ needs to LEVEL with CASEY and GET HER TO TALK THE TRUTH. NO MORE B.S.!! Straight HARD CORE FACTS.

The REMAINS are in GOOD SHAPE, though DECOMPOSED. There is some tissue and hair. So they HAVE CASEY'S ASS IN A SLING NOW. They will have REMAINS to TELL THE STORY. So I think if the ANTHONY'S wish to START TELLING MISTRUTHS they SHOULD RETHINK IT. REMEMBER when MARTHA STEWART LIED TO THE FBI? Well they BEST TAKE NOTES AND THINK LONG AND HARD BEFORE they try "ZANNY KILLED CAYLEE AND DUMPED HER BODY THERE RECENTLY"!! Firstly, Tim Miller said the BAG WAS INDENTED IN THE GROUND...IT WAS THERE MONTHS AGO. Secondly, HOW WOULD "ZANNY" get goods from the ANTHONY HOME TO BE IN THE BAG WITH THE REMAINS? So REALLY the ANTHONY'S need to SHUT UP and KNOW WE ARE NOT LISTENING TO THEIR GARBAGE ANY LONGER!! THE FACTS ARE THERE IN BLACK AND WHITE...CASEY DID IT AND THEY NEED TO ACCEPT IT AND STOP ENABLING CASEY!!

It has been a SAD COUPLE DAYS but WE CAN HAVE CLOSURE. PRECIOUS BEAUTIFUL CAYLEE CAN NOW BE PUT IN A LOVING ETERNITY. She no longer has to WORRY about GOING HOME to MONSTER MUMMY. SHE WILL FOREVER BE SAFE IN GOD'S ARMS. THE WORLD LOVES YOU CAYLEE MARIE, REST IN PEACE PRINCESS.

ritanita said...

Shari,

Judge Strickland will be staying with the case as of yesterday. At the hearing, he even mentioned something about the fact that the Civil trial calendar is different from the Criminal calendar when the January 15 date was set.

CaliGirl9 said...

Oh joy, Linda Kenny Baden is back.

This just might be worth watching for the entertainment value if the whole thing wasn't so damned sad ...

Who is financing this dog-and-pony show anyway?

It's all Caylee's fault!

This is a circus, and not in a good way.

shari said...

ritanita, good to know about strickland....THANX Hopefully there will be great evidence from the Anthony home to link up with whatever was in the bag with the body. That should help stem the claim that "Zani did it". Cross fingers on this one

Anonymous said...

I feel very badly for the Anthony's because it's obvious they cared much more for Caylee than her idiot mother did. But they also annoy me by the blinders they have chosen to wear all this time. Their daughter is a thief, a liar, has put them thru hell all this time and she is a murderer.
They need to wake up and see her for what she is.

The father, especially, knew that was the smell of a dead body in the trunk. A cop knows the difference from a corpse and a pizza!

Part of moving on is acceptance of the truth. The tape on that childs mouth is evident this was no accident.

daniel said...

no matter what happens in this caylee anthony case, i think casey should not get the death penalty. death is not the answer to this problem.casey anthony should get life in prison without the possibility of parole becauseif the state of florida gives her the death penalty then they're letting her misery end quick and easy.what casey anthony should have done from the beginning was give caylee up for adoption instead of allegedly killing her.i guess an eye for an eye doesn't work in this situation.death is not the answer for casey...prison is!let God take care of casey anthony and not the state of florida.what goes around comes around for all human beings in this lifetime.

Nikki J said...

Uh hi all....

Ok, through all of this sad loss of this little angel, no mention has been made of where the filthy father is in all of this!!! Where is the piece of garbage that got Casey Anthony pregnant to begin with??? What if he killed Caylee out of spite? Can anyone shed light on this???

Thanks, and have a GREAT day!!!

Susan said...

Thanks ritanita, for yet again another thoughtful post. The defense team is acting and trying to convince their "audience" that Casey is not getting fair representation. This is so far from the truth I have to laugh (which is difficult to do in such a serious case). They defense will have their "second bite" at the apple, once Caylee's remains are positively identified. The defense will be allowed to have their experts review the "crime scenes". The will be allowed to have their forensic experts do secondary autopsies, have multiple experts (entomological, anthropological, dna experts, medical examiners, crime scene investigators comb through the evidence once the remains are factually determined to be those of Caylee. It sickens me that the defense team is out "protesting", making a case that Casey has been denied her rights as a defendant in this case, when that is the LAST thing going on. The prosecution is aware that this is a high profile case and is no doubt going out of their way to ensure that procedures are carried out in a stellar manor. Shame on the The Anthony Family and their defense rogue tag team, which wish to create problems where none exists. It's difficult to have sympathy for Cindy and George Anthony who have done nothing but brought the disappearance and death of their grand-daughter to the level of a street fight. If they had any "smarts", they'd be respectful and grateful for huge resources that are going into the investigative and judicial process, while quietly supporting their daughter. In essence, Mr. and Mrs. Anthony should accept the fact their daughter is responsible for Caylee's death and in a loving way, find a way to accept this, deal with it and stop making a spectacle and mockery of Caylee's demise.

Becca said...

Wow! Now all I can say is GOD has a way of taking care of things...I knew time would tell all. This could not have happened to this child with out any closure. I do believe that the FBI already had evidence we have not know, but now they have all they need. I do think that Mr& Mr Anthony know what happened to their grandaughter and I feel that Casey had a fight with them and took Caylee in spite to punish her mother. I think the Anthony's would be better off to keep their moutns shut than to go around on interviews. I had seen Cindy answer a protester in front of her house and the way she answered the protester she looked guilt in my book as well as her daughter. I think my self that they knew what happened to their grandaughter before they reported her missing. This is a a smoke screen! The Anthony's are using to covr for their daughter. Sure they loved their grandaughter and they love their daughter too. SO who is left? Their daughter so they are on her side. Also I think it is unfair to even blame the father for Caylee's death as he may not even know he has a child.The guy that was going to marry Casey thought Xaylee was his child too and it turned up Caylee was not his. As Casey had partied so hard Caylee could be anyone child.
Also this has become a side show as it was now that a body was found it will become a circus...These so called high profile Lawyers want everyone and their mother to view the Autopsy! How discusting. They are so worried Casey will not get a fair trial. Well yes she will,she will get convicted of what she did. And right her Fancy lawyers will say she is crazy! She is just spoiled. She needs life in prison and to eat peanut butter and blognia like the rest of the people in that prison do.She needs to be with all other prisoners also not by her self. Heck they are trying to make her crazy. LOL! I my self know for sure if this is for sure Caylees body Casey will say Zani did it. Or god knows who else did it! I think that the Mr and Mrs Anthony knows something and they are putting up smoke screens too! They need to be asked to take lie detector tests or charged also. Casey Mother already tried to pull the wool over the FBI's head bragging how she gave the wrong hair brush. There is just cause right there to hit her up with a charge of some kind to put her in jail also. I do not think Mr or Mrs Anthong Killed their grandaughter as I think they loved her very much but I do think they are covering for their daughter. And another thing everyone wants to know who is paying for the high profile lawyers..well my god what makes them high profile lawyers? They are all ambulance chasers! But every ones tax dollares have been paying for this circus all a long and will continue to do so. I do hope that a jury sees all that has gone on here and makes the right choice and puts Casey in jail for life with out parole! I wanted to see her FRY for this alwful deed but to fry will be too good for her! Lets all pray that Casey is put to jail for life! This has consumed my life every since this has happened as most of us it has to think someone could kill a baby so sweet when there are people who really wants children that can not have their own. How sad this all is.

Anonymous said...

I have wondered from the beginning... Who is Caylee's father? Did I hear somewhere in the past that Casey accused her own father of something inappropriate towards her??? I often think that perhaps George or Lee might be Caylee's sperm donor. I know that sounds horrible but this family does not seem normal to me.