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