Wednesday, December 29, 2010

Casey Anthony Updates

Update #2!
December 30, 2010, 4:03 PM

A check of the Clerk of Courts shows we have more motions! Here's the list. I'm thinking they will be more than Monday's hearing can handle. I'm hoping the judge takes them up at the next status hearing on January 14 or schedules another interim hearing. I can't wait to read them all!

12/30/2010 Motion In Limine State of Florida

12/30/2010 Motion to Exclude Unreliable Evidence Pursuant to FRYE, Or in the Alternative, Motion in Limine to Exclude (Chloroform)

12/30/2010 Motion In Limine to Prohibit the Use, in any Fashion, of a Posting on the Internet Myspace References Attributable to Cindy Anthony, The Mother of the Defendant

12/30/2010 Motion In Limine to Prohibit the use, in any Fashion, of Internet Myspace References Attributable to the Defendant as "Diary of Days"

12/30/2010 Motion In Limine Preclude the use in any Fashion Whatsoever of a Certain "Jib Jab" Cartoon

12/30/2010 Motion to Restrict in Court Photography/Videoing

12/30/2010 Notice of Hearing

12/30/2010 Motion to Exclude Unreliable Evidence

12/30/2010 Motion to Suppress Statements Made to George, Cindy Lee Anthony, Maya Derkovic, Robyn Adams, and Sylvia Hernandez

12/30/2010 Defendant's Motion in Limine to Exclude all Evidence Relating to Canine Searches and Alerts

12/30/2010 Motion and Memorandum of Law in Support of Defendant's Motion to Exclude Irrelevant Evidence of Stain in Trunk of Car

12/30/2010 Memorandum of Law in Support of Defendant's Motion to Exclude Irreelevant Evidence of Tattoo

12/30/2010 Defense Motion to Exclude Irrelevant Evidence of Tattoo

12/30/2010 Motion to Exclude Unreliable Evidence

December 30, 2010
WESH just published the Memorandum of Law for the motion to exclude the video. Apparently, the defense wants the video of Casey's reaction to the discovery of the remains to not be admitted into evidence. This video is currently under seal and has never been made public. We have been able to read the text of a witness to the event, Tammy Uncer, which describes what happened.

The article also mentions that another motion has been filed.

Defense lawyers also filed paperwork asking that decompositional odor analysis of Anthony's car be excluded from the trial.

This is the motion which would call for a Frye Hearing. The defense has long been expected to file this. I'll provide a link when the text of the motions themselves become available.

Well, the defense has been busy. This time, the author of the motion is Jose Baez. I love the title of the latest motion in limine, Motion Of Law to Preclude Phantom Heart Sticker Evidence. Included in the file is the Memorandum of Law.

In the motion, Baez points out that since the lab technician never took photographs of the supposed heart-shaped-residue, it should be excluded from the trial.

I suppose we will hear this motion on Monday, January 3, 2011 along with those filed last week by Cheney Mason.

I have no idea how the Assistant State's Attorneys will argue these motions, but it should be an interesting hearing just to see how it all works out.

Also, I checked over at the Clerk of the Court and found the following motions filed today:

Motion to Exclude Unreliable Evidence (A rather vague title, I have to wonder what evidence the defense believes to be unreliable.)

Memorandum of Law in Support of Motion in Limine to Suppress Video Footage

Motion In Limine to Suppress Video Footage (Same here as to being vague.)

I'm not even going to guess at which video footage they may be talking about as I'm always wrong!

I hope Muzikman will be able to get these motions if they aren't up in the press!

The JAC has also been busy. Due to the fact that my holiday vacation was extended due to the blizzard in the northeast, I haven't had the energy to read much of this right now, but the JAC js going after the defense for its expenses. I read a bit and do know that PI Jeremy Lyons has spent a lot of time knocking on doors and getting no answer. He has also opined as to whether or not he thought somebody was home. It's a good read and I plan to read it all when I'm caught up with my sleep.

The motions above, as well as the JAC documents below are courtesy of the ever-busy Muzikman.

JAC Notice of Filing and Exhibit B - Court Orders

JAC Notice of Filing Exhibits C and D - Lyons Billing and JAC response

It's hard to believe that NEXT MONDAY at 1:30 PM we will be having another hearing! I've heard rumors that the State's Motion For Sanctions will also be heard.

If so, break out the snacks and beverages as it could be a very long hearing!


Casey Anthony wants heart sticker evidence excluded from trial

Casey Defense Files Motion To Keep Sticker Evidence Out


FRG said...


Thank you for the update!!

So this is a very organized PI that travels all the way down to FL to knock at people's door? Haven't he heard of calling before and making an appointment? Oh I see... nobody wants to talk to the defense so it seems an ambush to me!

Well, I didn't read the JAC filing but from my understanding they have paid this PI already, didn't they? I hope not because this is "our taxpayer's money" and JAC should have read the receipts if this is the case. Geesh!

Is it me or the defense is outlining every single piece of discovery that is very incriminating to KC and they want them thrown out? Hmmm. I am sure Mr. Ashton and Mrs. Burdick will have the proper arguments to make the most important to the trial to come in. It comes to my mind that many people didn't believe the 3 911 phone calls would come in but they did.

I am also curious when all of these latest Motions filed will be heard. It seems to me that more will be filed until the last minute of Dec 31, that's the way defense works. Delay, delay, delay!!!

At least, from what JP has said he will be hearing the Motions within 15 days of the filing which is great.

I can't wait to watch the hearing on Monday! Hopefully the Motion for Sanctions will be heard and JB will be sanctioned. I want JB's smirk to be wiped off of his face!!!

ritanita said...

Morning, FRG. Monday's hearing makes even New Year's Eve seem inconsequential!

I also hope the judge rules on the videos that the defense wants excluded. I'm thinking they will want all the visitation videos excluded. I would assume the judge would agree to edit them for specific items to show Casey's state of mind.

I'm also sure they don't want the audio of the phone call she made home the night she was arrested. Of all the media that could be included in the evidence, that is the most damaging of all. It shows her callous attitude towards Caylee, that's for sure. All she cared about was Tony, Tony, Tony.

FRG said...

I guess you are right! I just hope this entire video will come in though.

IIRC, Judge Strickland sealed the video taken the day Caylee's remains were found, and my guess would be that this is also a very incriminating video and as many people have said it could work both ways. Well, I am not sure defense would risk to use it in KC's favor since Caylee's remains were not identified at that time.

I am so curious to read the motions. LOL

Anonymous said...

I think the video they want out is the PI Hoover's video of when he was poking around where Caylee's remains were found. I think they know this is a HUGE can of worms if allowed at trial.

ritanita said...

Anonymous... that's one I hadn't thought of.

I have a feeling there is going to be a LIST of videos.

I hope we get to see these motions soon!

Anonymous said...

Can anyone tell me HOW the @#$%# Casey's defense has the audacity to file motions to keep EVIDENCE out of the trial!!!!!!!!!!!????? This is so absurd!!! People have been convicted & given the death penalty based on a fraction of the evidence held in this case!!! WHAT IS GOING ON???...AND, the taxpayers are shelling out a fortune to save this SELFISH MONSTER!!!

ritanita said...

Anonymous, you need to cool down a bit!

Motions in limine to keep evidence out of trial is very common and the number of motions is not unusual. It is the responsibility of the defense to do this. Any evidence that is more prejudicial than probative will be removed from the jury's inspection.

These motions bother me less than some of the others that have been filed in the case.

When you watch the hearing, you will be able to see how important these motions are. Depending on what is allowed and not allowed, you will learn a lot about what the trial will be in May.

FRG said...

Thank you for the update!!!

So, our suspicions were correct! Apparently when JB told the media that he could use that same video to help KC in trial, he was not so sure at all. He is so afraid of that video! We didn't see it but by Tammy Uncer's description of KC's reaction it was not of a grieving mother, it was more like "I was caught, what do I do now reaction"?

I also remember, correct me if I am wrong, a video was taken when JB visited with KC in jail the same day... no audio though and KC was sort of sobbing! I have suspicions that KC told JB what happened to Caylee that day... and she knew she was in a big(ger) trouble after Caylee's remains were found.

I am confused now... why would defense file a motion to exclude the "decompositional gases analysis"? I thought I heard JB saying in the hearing that he would want a Frye hearing on that, did I dream of it?

One more thing, it seems to me JB and CM didn't understand the deadline to file and be heard the non-scientific motions, it would be December 31 but when it comes to JB and CM rules don't apply to them. *inserting rolling eyes here*

ritanita said...

FRG, all I can say is we have one more day until the deadline is over!

The judge will hear the motions. Without the deadlines, even if ignored, Judge Perry seems to have lit a match under the defense!

FRG said...

One more comment... if JB thinks the video is irrelevant, what's he afraid of? It makes no sense to me. I believe inmates have no privacy unless when they are talking to their lawyers and even so they are recorded, no sound though. We will see.

Motions galore this week!!! LOL

Anonymous said...

Why doesn't Baez just file one motion. MOTION TO EXCLUDE ALL EVIDENCE. Sure would save him a lot of time.