Friday, June 24, 2011
After yesterday's session, I didn't know whether to laugh or cry.
It was a spectacular day in terms of watching Dorothy Sims attempt to pry testimony from Dr. Logan about the differences between a forensic lab and a research lab under the guise of toxicology. The "weasel" got stuck in a corner without anything being written on it but 1 and 2. Oh, there was the line down the middle. There were a record number of objections that were sustained.
The "evil plot" of the prosecution to invent a weapon fizzled when Nick Savage and Erin Martin got to go home. Nary a word of what they said was heard by a juror. Actually, I didn't see a big conspiracy there, anyway.
Stephen Shaw finally had the opportunity to go through all his slides with the jury. By trying to get some dubious ones to be presented to the jury, Jose Baez opened the door wide for Jeff Ashton. Ashton then treated the jury to an extended lesson in hair banding, pictures included.
All of the comments to the blog yesterday had to do with Cindy Anthony's testimony. There was a particularly informative one by Nancy B who has worked with Gentiva's computer systems. It is worth a look! Cindy's waffling and overly-verbose explanations will come back to harm her before the trial is over. The prosecutors and investigators have always treated her with dignity out of respect for her awful loss and the possibility her daughter could face the death penalty. However, we saw the velvet gloves come off yesterday. It's not going to get any better.
By the way, wasn't it nice of Cindy to mention Casey's check fraud arrest?
It's 9:00 and court is back in session.
Jose Baez told the judge he had an issue (again) which he didn't present at the requisite 8:30. Apparently, they were marking something.
Cindy Anthony was the first witness called today by the defense! Oh, the suspense!
Today, Baez asked about the shorts found near Caylee's remains. She stated that the last time she saw Caylee, she was wearing 3-T. The photograph on Casey playing on the floor was taken in 2007 and Baez asked to show the video taken at the same time.
Linda Burdick asked to approach the side bar on an objection of relevance.
Apparently, the objection was overruled and Cindy identified it for the court. Then, Baez asked if it was an accurate representation of Caylee's size in 2007. The video was entered into evidence and was published to the jury.
Baez then asked how much Caylee had grown since the video was taken. Cindy said she had grown quite a bit. The date stamp was April, 2007 and she remembered the skirt she was wearing at the time. Cindy said she'd watched the video thousands of times since 2008 and there were other pictures of her at the time with a Hawaiian skirt that went out of popularity at the time.
Baez then showed her the picture of Casey and her at her brother's wedding. Baez offered it into evidence and Linda Burdick objected to relevance. It was off to the side bar again!
The objection was sustained and Baez went on to show her another photograph. Cindy described it as being one of the back yard swimming pool with the ladder connected. Baez moved it into evidence without objection.
Cindy explained how the ladder could be removed from the pool.
There was then another photograph. It was one depicting where the ladder would be placed when they took the ladder down. It also was received into evidence without objection.
Cindy was shown yet a third photograph of the pool with the ladder down. It was received into evidence without objection.
As Baez approached her with yet another photograph, Cindy began to cry. It was a photograph of Caylee walking up the ladder to the pool.
Linda Burdick objected to the next photograph and there was another bench conference.
It was a long bench conference. When it was over. Baez showed Cindy another photograph which was allowed into evidence. It was taken in 2007. It showed Cindy help Caylee climb the ladder. Cindy testified her hands were firmly there with a light touch. As time went on, Caylee got better at climbing the ladder.
The next photograph showed Caylee a moment later, higher on the ladder. As with the previous picture, it was admitted over Ms. Burdick's objection.
Yet another photograph of Caylee the same day when she made it to the top of the ladder. It was entered over the prosecution objection.
Then, there was yet another picture of Cindy attempting to go around Caylee to precede her into the pool. The same objection was overruled and it was accepted into evidence.
Baez asked Cindy if Caylee would try to get into the pool before her. Cindy testified she usually didn't, but as she got older, she would run ahead of them, but they always put a life jacket on.
Caylee would swim 3 to 4 times a week in the warm weather. When she was on vacation that June, they swam every day.
The next photograph was one with Cindy entering the pool and holding onto Caylee. It was again allowed into evidence over the objection of the state.
Cindy then spent some time describing the steps they took to keep Caylee safe in the yard. They moved the pool box away from the pool under a Ficus tree.
Every day, they kept the ladder off the pool unless they were swimming. They taught Caylee that she had to be with someone to go into the pool. They took precautions to teach her to climb up and down the stairs.
The life jacket shown was the second of three that she bought for her. Baez tied that to the fact that she had grown out of the shorts.
Yet another photograph! It was a picture of Caylee at the sliding glass doors going out to the screen porch. The objection was then overruled.
Cindy said that Caylee might have been an inch taller than in the picture. Cindy also said that Caylee never left the house barefoot. She also testified there was no bar at the bottom to keep the door from opening. In addition, she said that Caylee could open doors easily at the time she died.
Cindy was then asked if she came home June 16 and the ladder was up on the pool. She said she did and noticed that the side gate was open as well. She told a co-worker about it. She thought it was either Debbie Bennet or Charles or both about it.
Baez asked if Cindy was having any marital problems around June 16. Ms. Burdick objected and Judge Perry sustained it.
We were then treated to another side bar. This must be a serious issue because Judge Perry gave the jury a "special recess" until 10:20.
Judge Perry returned to court and read a case. He reminded Baez that his theory of defense was that it was an accidental drowning and that his client's behavior after it was caused by long term abuse by her father and brother. Perry said that the evidence Baez would like to introduce about the marital problems in the marriage needed to go to his theory of defense.
Judge Perry wanted to know how this fit into his theory of defense. The judge would like to know what their theory of the defense is now.
Needless to say, this led to yet another side bar!
When the side bar broke up, Cindy Anthony resumed the witness stand. The jury returned to the courtroom.
It was obvious that Judge Perry sustained the objection because when Jose Baez continued asking questions, he was back to July 16, 2008. He asked Cindy if she told Yuri Melich about the ladder being up on the pool. She said yes.
Baez kept asking how many times Cindy mentioned drowning to LE. Linda Burdick objected and we were right off to another side bar.
When the objection was sustained, Baez had nothing more to ask.
Linda Burdick then began her cross after getting pictures from the evidence table and showing them to Jose Baez.
Linda Burdick mentioned that after Caylee was reported missing, Cindy maintained her room, kept her clothing in the drawers, and kept gifts sent for Caylee's third birthday. Then she talked about the yard sales Cindy had to get rid of outgrown clothing. Cindy testified Caylee was almost potty trained and wore panties at home and pull-ups when they went out. Burdick asked when Caylee made the switch from diapers to pull-ups. Cindy said early in 2008, probably.
Ms. Burdick then showed Cindy a picture of Caylee and asked if she was wearing a diaper or a pull-up. Cindy said it looked like it could be a diaper or a pull-up.
Cindy said that Caylee wore those shorts in April, 2007. She had testified earlier that the picture was taken shortly before her second birthday. Cindy said, a couple of months before her second birthday this time.
Cindy testified that she and Casey bought most of Caylee's clothes. It was also brought out that most of Caylee's clothing came from Target. Ms. Burdick asked Cindy to sort through pictures to say which ones she recognized. Cindy recognized tops and one pair of shorts. She recognized them from Caylee’s room. They were in her room in 2008 and maintained them there until seized by LE.
Cindy had 2T, 3T sized clothing in the drawers. Burdick pointed out that Caylee was stocky and then grew taller between the ages of one and three. The shorts in one of the pictures and the shorts in the video were shorts kept in the house. Cindy last saw them towards the end of 2008. As for the shorts found at the crime scene, Cindy said she hadn't recalled Caylee wearing them for a time.
Then, she said there were some items of clothing she hadn't seen in a while. Ms. Burdick explained that some of the clothing was transported in a diaper or backpack which would be placed in a car when Caylee went somewhere. Cindy agreed.
Ms. Burdick asked Cindy if she had any recollection of when she saw those shorts for the last time.
Cindy said she didn't dress Caylee in them very often. She had a lot of clothes. She suggested Casey might have used them, but she didn't recall seeing them after 2007.
Burdick then moved on to the ladder. Cindy said that she needed two hand to lift. Caylee couldn't have moved it on her own.
She then asked Cindy how much the sliding glass door weighed. Cindy said you had to use some force to open it.
Burdick brought out that Caylee was a compliant child and would listen to her. Cindy gave Caylee careful instructions about the pool and the life vest. The pool depth was just under four feet. Standing at the edge of the pool, a person could not stand outside the pool and retrieve an item from an area of the pool away from the edge without getting wet. Cindy agreed.
Cindy said she would not leave Caylee at home alone.
Burdick then brought up the ladder in the pool with the side gate open. She had testified that Caylee could not have opened the gate. The date of the pool incident had been reported as the week of the gas can incident. Cindy had said it was the 16th or the 17th after thinking about it.
Cindy wasn't sure which phone she used to call George to ask if he had left the ladder in the pool. If George was out of the house, she would have to call him on his cell phone or his work phone. She knew she talked to George, but didn't recall if it was after she had left him a message.
Burdick brought up that, as to dates in June, she had made other errors, such as the fact that Caylee was... (objection/ outside the scope/overruled) that she had originally said Caylee was first missing a week before Father's Day.
Ms. Burdick then asked if she was at work June 16. Cindy said she was. Ms. Burdick showed her the time records and Cindy agreed. Cindy also said she worked June 17. She also pointed out that the time card accurately reflected her vacation.
Casey was home between August ? an October 14, 2008. (objection/sustained).
She asked if Casey told her there was an accident with the pool. Cindy said she didn't. Casey continued to tell her the child was kidnapped by the babysitter.
Jose Baez conducted re-direct.
He showed Cindy the same photographs that Ms. Burdick had shown her. Baez asked if she could recognize the clothing, since the tags were mainly shown. He next asked if they were knits. Cindy said all but one were. One of the items was a cotton garment. The shorts Caylee was found in was a cotton material. Baez pointed out that knits stretched. Cindy said that Caylee outgrew those clothes faster than the knit items.
Baez also asked if they had kept most of the clothes. Cindy said that only a few were sold at yard sales. Caylee's clothes were kept in her room, the computer room, and Casey's closet. Outgrown clothes could have been kept all over the house.
Cindy only recalled clothing if she washed them. In early 2008, Cindy would go through Caylee's draws at certain times like Christmas or birthdays to take out smaller clothes.
Baez said that Caylee was a regular toddler. They did not treat her or discipline her like she was in the military. She was an average or above average toddler.
Linda Burdick asked about the fabric in the shorts she identified in the photograph. It was similar to the shorts at the crime scene.
Cindy Anthony finished her testimony and left the stand.
Lee Anthony was called next. He was shown the photograph of the trunk of the Sunfire.
Baez asked if there was a stain in the car when he owned it. He remembered 3, all outside of the tire cover. Again, he circled the areas where the stains were. Lee did the same with a second photograph. He indicated that one of the stains was out of the picture.
It should be noted that the stain was mostly on the spare tire cover. Neither Cindy nor Lee has circled that basketball sized stain.
When Baez asked when he noticed his sister was pregnant. (Objection/sidebar/overruled) He said he saw Casey showing (and I missed the time) as she was coming out of the bathroom.
Lee said he made a comment to Casey and she waved him off. He asked his mother about it a few days later. (Objection/sidebar/overruled)
The next time he saw Casey obviously showing was in the middle of 2005. He was brutally honest with her, saying that she was pregnant. Lee said that he didn't discuss it with his mother at that time.
Casey picked him up at the airport and she was showing "far enough out" that he knew she wasn't just putting on weight. He did not discuss this with his parents, either.
Baez kept trying to get Lee to construct a time line which would tell the times he noticed Casey’s pregnancy back to the one time he discussed it with his mother. It never got off the ground.
Lee said that the first time he discussed the possibility that Casey was pregnant with his mother was the last time it was brought up until a few days before Caylee was born.
When Caylee was born, Baez asked Lee if he went to the hospital to see his sister when Caylee was born. Lee replied that, regrettably, he didn't go because he was hurt that Casey hadn't shared the information with him.
There was a side bar at that point.
There was some question asked of Lee (I was buffering and lost my best feed) and he started crying. Baez kept asking if it was because he was left out of the news that Casey was pregnant.
Lee said that he was angry (and obviously still is) that his mother and sister closed him out of such an important event.
Baez then asked if he was angry for any other reason. Lee took a while to think and then he said that there were no other reasons. He then asked for a moment to compose himself.
Baez said he had no more questions.
Judge Perry took this time to announce lunch.
The afternoon session began with a little "housekeeping" session at the side bar. Well, it was 15 minutes, so it wasn't so little after all!
Lee Anthony took the stand and the jury was brought in. He was cross examined by Jeff Ashton.
Jeff Ashton put up the picture of the trunk and circled the stains Lee circled. Ashton asked about the basketball-sized one in it. Lee didn't recognize it. Ashton also asked if the car had a stench in it when he drove it.
Ashton brought up the fact that prior to his testimony for the prosecution, Lee had refused to meet with them to review his testimony. The first time Lee testified for the defense, he did not meet with Baez. Then, prior to his testimony today, he had "reached out" to Baez to have a meeting.
When asked to explain, Lee said that the last time he was to testify, he sat in with his parents on a meeting. This time, he felt Baez needed to know something and met with him. Whatever it was, it had nothing to do with his testimony today.
Ashton then began to impeach Lee with his deposition. In direct, Lee said that when he first noticed Casey's "bump" he said to her something like, "What the hell is going on?"
Ashton then went to Lee's deposition. In it, Lee said, it wasn't really his place to discuss it with his sister. Lee said he didn't even call her out on it when she picked him up at the airport.
When Jeff Ashton asked if his parents were very excited about the pregnancy, he said that they never told him about it. He wasn't included and when he asked early on, it was denied and he was told to let it go. Lee said his parents were over the top about the pregnancy. He said he didn't pay a lot of attention and was angry and blocked it out.
In another part of his deposition, Lee discussed the time before Caylee was born. He felt his role was to be in the background, to support. It was his parents' place to be over the top. In court, Lee said that he felt it was his job to be non-judgemental and just sit back and stay out of it.
Ashton moved on to the preparations for Caylee's birth. Lee remembered that they bought a crib. When reminded, he said that he knew the computer room was being turned into a nursery. Lee said he paid no attention to the preparation of the room, even though he lived in the room next door. He said that he never went into the room until after Caylee was born.
Ashton next reminded him about the baby shower. Lee said he wasn't invited. He said it was in June or so. He didn't think that Mallory was invited either. Ashton asked where he was when the party was held. He said he never put any thought into it and never asked to see the presents.
Lee said he was not an attentive potential uncle. Ashton went on to say that they even told their friends and family! (Objection/sustained)
Another discussion in the deposition concerned if he was present when Caylee was born. Ashton asked if he cried during this portion of the deposition. Lee said he didn't. Ashton asked him what caused his emotion today when he didn't express any when asked the same questions two years ago. (Objection/sustained)
Ashton asked about the difference in his emotions. Lee said that two years ago, he didn't hold the belief that Caylee was dead. Now, he said he's come to a place where he believes she is. He said he had regrets.
Ashton began to ask about when Lee spoke at Caylee's memorial six months before the deposition was taken... and decided not to finish it. Ashton sat down.
Baez came up on re-direct. He asked Lee about the stain the size of a basketball. Baez asked if he saw a stain there. Lee said he saw a few stains, but none the size of a basketball. He mentioned a whitish powdery appearing area. Baez asked if he saw his mother use Febreeze in the car? No Did you see LE spray the trunk with Blue Star? No
Lee said that he never met with the defense prior to testifying for the prosecution. He never advised the defense of what he was going to testify to for the State of Florida.
Then Baez went to the deposition. Lee read a second sentence and the third. Essentially, it stated what he would have done, talking to his mother, his sister. Lee testified that his mother told him "to let it go" in terms of Casey's pregnancy.
Baez then referred him to a section where Lee discussed the mixed emotions his parents had about a baby born out of wedlock and Casey being a single mother. Lee admitted he had also testified that they were over the top with Caylee, especially after she was born.
Baez talked about the baby shower being after Caylee was born. (objection/sustained) Lee said he didn't recall when it was.
Asked about why he didn't cry during the deposition, Baez asked if the atmosphere of the trial was different from the deposition in the office. Lee said he didn't want to be here, he was in an emotional place he wasn't a couple of years ago. The trial is emotionally draining and difficult.
At the memorial, Lee was not willing to think Caylee was dead. He said that he didn't know at what point he accepted it. He said that last year was hard for him around his and Caylee's birthday.
Baez was finished.
Ashton then asked if he remembered his testimony for the state. He pointed out how many times Mr. George had to refresh his recollection. Lee said it was as many times as today. Ashton pointed out that when he was questioned today on direct by Baez, he had no problem remembering.
Mr. George and he had both had to refresh his memory about his prior testimony.
The last time Lee was asked about his memory, it was difficult to figure out what the point of this questioning was about. It was obvious that Lee was all over the place and very emotional. Yet, what he had to say only created more questions than were answered. He expressed anger at his sister for not sharing her pregnancy with him, he seemed upset that his parents did not share the preparations for Caylee with him. Put all together, it seemed as though Lee may have wanted nothing to do with his sister's pregnancy or preparations for the baby. Was he left out, or did he take himself out? Then one has to wonder why. One has to wonder what all of this has to do with the defense case. Where does this fit into the story they are attempting to tell?
Cindy Anthony was back on the stand next. She testified that Caylee Anthony's baby shower was after Caylee was born because she was born early.
Jose Baez handed a photograph to Cindy Anthony. Linda Burdick objected to the photographs prior to the description of it. M. Burdick objected on the basis of relevance. There was a side bar about this. The objection was sustained.
Instead, Baez approached her with a photograph taken at her brother's wedding. It's the one of her and Casey. Baez asked if anyone told her Casey was pregnant...(objection/overruled).
Cindy gave a guest list of guests invited to the baby shower. She said that "none of the guys" were present.
There was no cross examination.
Tied in with Lee's testimony, I was now wondering why Jose Baez had that picture finally entered into evidence. It seemed to me that the mystery in this case revolves around Casey's pregnancy. I would sure like to turn to the last chapter, because at this point I'm clueless!
The next witness was Dep. Ryan Eberlin, a member of the OCSO. Cheney Mason did the direct examination.
He was dispatched to Hopespring drive on July 15, 2008. He observed a white Pontiac Sunfire. He didn't notice any odor. He put handcuffs on Casey Anthony and removed them at the request of Sgt. Hosey.
Linda Burdick brought out that she was only handcuffed for 3 to 4 minutes. She was handcuffed because Cindy Anthony had requested she be arrested. Cheney Mason objected/heresay and we went to a side bar.
There was a "brief legal matter" and the jury was sent out.
Ms. Burdick then was voir dired Dep. Eberlin.
He explained that Cindy Anthony approached him and asked to have Casey arrested for fraudulent use of credit cards. Sgt. Hosey told him they were only going to investigate the "kidnapping" case and to remove the handcuffs.
This occurred after Casey wrote her statement and before Det. Melich arrived.
Mason made a brief statement, that she wasn't being tried for those things.
Judge Perry said that the defense elicited the testimony about the handcuffs and how they were put on and removed without any explanation why. Mason's objection was overruled and Judge Perry wrote a brief instruction to the jury.
Ms. Burdick then asked the question again and Dep. Eberlin gave the answer.
Cpl. Melich showed up afterwards and never saw her in handcuffs. Once Melich arrived, he was no longer involved in taking any more statements. He was not involved in statements taken the following day at Universal Studios.
(The jury will now not consider the check fraud arrest Cindy mentioned the other day and now check fraud.)
Mason then called Cpl. Eric Edwards to the stand.
Mason shoots his questions out very quickly, here is the best summary of the testimony I can make.
He is one of the lead detectives in this case. He knows a Linda Tinelli (objection/ relevance/sidebar/jury sent out)
Mason then made a proffer. Cpl. Edwards met Ms. Tinelli through the investigation. Lori Cree, a volunteer for TES brought her to his attention. Some time when they were in Texas with TES, he learned that Linda Tinelli was a volunteer at the KidFinders tent and spent a lot of time with the Anthony's.
He and John Allen interviewed her and discussed the duct tape with her. Linda recalled that George Anthony brought some duct tape to the tent. They showed her an image of the tape and Tinelli recognized it. She didn't say that it was the the Henkel tape, but she described a very strong tape.
After the remains were found, he went to her house in March, 2009. He possibly suggested putting a bug in her house to capture George and Cindy Anthony on tape. Their concern was what they would ask her to say. Ms. Tinelli was uncomfortable about doing that because she would have to get her husband's permission. It was never done.
He contacted her a third time at Lowe's and he and John Allen approached her to ask if she would wear a concealed wire to capture conversations with the Anthony's. She never did it as the opportunity never arose.
There were no questions from the prosecution.
Mason did have one more question.
He asked if he was aware of voice mail messages from Cindy Anthony that they retrieved.
Edwards said he would be more comfortable answering with a transcript because he was not familiar with it.
Judge Perry asked what material fact of the case did the testimony tend to prove or disprove. He also asked what relevance it had to the theory of the defense.
Mason said that the focus of the investigation was on the family.
As to the theory of the defense, Mason said it showed the dysfunction of what happened after the accidental drowning. The detectives were so intent on following "that" road, that they were trying to get incriminating statements from the parents.
Judge Perry asked if they were successful. Mason said they weren't.
Ms. Burdick said that it was obvious that this line of questioning is to speculate as to the motivation of LE. It does not relate to Casey Anthony's guilt, especially since no evidence was obtained. LE's motivation is immaterial at this juncture.
Mason said that the speculation was that the murder weapon was duct tape!
That had nothing to do with what was going on, but he just had to get it in there!
Mason had nothing else to say and neither did Ms. Burdick.
Judge Perry, citing case law concerning relevancy. He said it did not go to proof of a fact and it did not go to the theory of the defense.
Cpl. Edwards was excused.
Judge Perry didn't want to send the jurors out again on the Pop-Tart route, so he asked if the defense still wanted to put Ms. Tinelli on the stand. Mr. Mason stepped out of the courtroom for a moment to check on Ms. Tinelli.
Linda Burdick pointed out that she could not identify the Henkel duct tape. She objected because Tinelli couldn't identify the tape when shown a sample.
Judge Perry said the witness could testify to the duct tape.
Linda Tinelli was the next witness. Under questioning by Cheney Mason, she testified that she knows George and Cindy Anthony. She met them at the command center and offered to help at the tables where they collected donations and gave away T-shirts, bracelets, etc. She testified that they used duct tape to hold down the plastic table cloths and put up posters with it.
That was all Cheney Mason had to ask her.
Then, he went back to ask about the wind blowing the table cloths. She said they would tape them underneath so they wouldn't blow off.
With no cross, the witness was excused.
Jose Baez called the next witness, Det. Yuri Melich to the stand. Jose Baez did the direct examination. It was a bit hard to follow because he jumped all over the place. It's always better when an attorney has a line of questioning and follows in a logical order. Also, Baez asked very long (leading) questions.
Melich was the lead detective on the case (although he reports to a supervisor). He was called out early in the morning of July 16, 2008.
He said that George Anthony mentioned the smell in the car. At that time, Melich didn't do anything about it until later in the day. The car was brought to their garage later on the 16th.
He left the house, came back, and left again.
He spent about an hour the first time when he did his taped interview. He returned Casey to the house. George Anthony approached him and Baez asked the purpose of the meeting. Melich didn't recall. He noted what George Anthony said in his report.
He met with Casey Anthony later in the day at Universal.
At the house, there were two uniformed officers. He recalled seeing Sgt. Hosey. Melich didn't believe there were 7 to 8 officers at the house. Baez asked if any of the officers approach him to have the car investigated. (objection/hearsay) Melich said he had arranged to have the car picked up with Mr. Anthony.
This all happened on the 16th. It wasn't until after Casey was under arrest that they went to look for evidence in the car.
Melich said that the reason he arrested Casey was because she had the elements of the crime. Part of his decision to arrest her was that she might hurt herself. (Trenton Duckett case)
After Casey was arrested, Baez asked if the focus of the investigation was the car. Melich said it was part of it. They were going off the fact that the child went missing June 9 by a known individual. After a few days, they learned the correct date, June 16.
Baez asked if he had all the knowledge of the nanny. Melich replied they had no outcry witnesses yet to identify who the nanny was. Melich testified that it took a while to disprove the story of the nanny. He said Casey was still talking about the nanny in the jail.
Melich had no prior contact with anyone in the family prior to July 16, 2008.
At that time, he subpoenaed Casey Anthony's cell phone. Baez asked if he subpoenad George Anthony's cell phone. Melich said they did at another time. Baez asked if he subpoenaed his records and gave them to the prosecutors.
Baez got into which phone records were subpoenaed when and it got very confusing!
(It was obvious that Baez was pushing that George's phone should have been subpoenaed as well as he should have been considered a suspect.)
Baez stressed that the only records they focused on was Casey Anthony's phone records.
Melich said that he pulled other records as well. He pulled those of Roy Kronk.
Melich interviewed Mr. Kronk and asked if he had any information. Melich taped it to keep the record.
Baez asked about when Melich learned of Kronk's prior calls to 911. The prosecution jumped up and objected and we were at side bar again.
Baez continued by asking about events in August, 2008. Melich was approached by Dep. Jerold White because the area had been searched. Melich said the tip was very general and Dep. Forgey had been in the area. He also pointed out they were getting hundreds of tips at that time.
Then we were back to Roy Kronk's phone records. Melich couldn't remember the dates of the records he asked for.
Melich believed he subpoenaed the records from June thru December, 2008. The records were turned over to the prosecution.
Baez asked if he gave the records to the same people who did Casey's records. Melich said he didn't give them to MBI.
Baez then moved on to the duct tape. Melich was aware duct tape was recovered near the remains of Caylee Anthony. Then, he asked if there was duct tape that George Anthony had brought to the command center. Melich said that the tapes were the same. He'd never seen any tape with a logo on the non-adhesive side.
Baez asked Melich when he went back to interview George about it. Melich said that he didn't.
After the news report came out, Baez told Melich that the only Henkel duct tape they found was on George's gas can. When Baez mentioned tape was found near, Melich added "and on the remains". Melich pointed out that there was no Henkel duct tape found in the search warrants.
Baez made the point that the tape was found in three areas, the command center, the remains and the gas can.
Baez then went on to the stolen gas can report. Baez showed Melich the gas can, but the tape wasn't on it!
Baez then brought up Melich's interview with George Anthony.
There were a couple of hearsay questions here.
Baez ask how long Melich WOULD have waited to collect the gas cans. Melich said that without the property form, he couldn't say when he collected it.
Baez should know to ask questions in a logical order so the jury could follow.
Melich could not say when the gas cans were collected. Finally, Baez brought his computer up so Melich could read it. They were collected August 1st.
Baez moved back to Roy Kronk. He asked why he didn't confiscate Kronk's computer. Melich explained that they interviewd Kronk, co-workers, and other things.
We're getting that the defense thinks that Kronk was involved in the case.
On cross, Linda Burdick asked about the tip Jerold White gave him. It said it was a swampy area near a 6 foot fence. Ms. Burdick said that police interest was mostly at the end of Suburban Drive where it dead-ended. Melich believed that the end of Suburban Drive had been searched and Dep. Forgey had been there with Gerus.
Det. Melich was excused subject to recall.
The attorneys then went up to the bar.
At 4:50, Judge Perry dismissed the jury for the day.
Jose Baez said that they should be done by Wednesday or Thursday next week, probably Thursday.
Linda Burdick said that the prosecution's rebuttal case should take two days.
When asked about closing arguments, Jose Baez mentioned that using more than one attorney to give it, it would allow for 4 closing arguments. (Baez probably didn't listen at the hearing. Then it was said that one lawyer would do each section, one for opening, one for rebuttal.)
Jeff Ashton told the judge that they wouldn't mind if more than one attorney did the defense closing.
As for time, the attorneys said something, but I couldn't hear clearly.
Then, Jose Baez said he had discovery violations. He said that there were cell phone records missing from what Yuri Melich testified to. Baez said it was a major violation if Melich told the truth. He said he didn't have other phone records as well.
Linda Burdick said that the records they are looking for could be on the disks provided. In addition, the defense had subpoenaed Kronk’s records which were limited by the judge.
Ms. Burdick said that she would check with Melich.
As to the Anthony's phone records, Mr. Baez provided them to her. Melich testified he received home phone records. She said she was willing to work with Mr. Baez to compare what they have.
Judge Perry reviewed the discovery rules. The state has to turn over what they plan to use at trial. He pointed out that the state did not try to introduce any phone records in the trial.
There are also Brady violations when the prosecution hides exculpatory information from the defense.
Perry said it's a little too late to go after red herrings.
Jeff Ashton asked about an instruction about Dr. Rodriguez. Jeff Ashton objected to the instruction. It said that he would not be testifying because his employer would not allow him. Apparently, he was testifying against the rules of the Department of Defense. It seems that Rodriguez would be fired if he testified.
Baez insinuated that Ashton called the DOD. Ashton said he received a call from Rodriguez' boss and was told that he would be fired.
Baez said that Ashton asked for an extra day to read the deposition and that it was a ploy.
Baez said they WILL file something with the court about it.
Judge Perry said that Dr. Rodriguez' boss would have to testify (not necessarily in person) about the situation.
Defense did not want Perry to hold him in jail as a material witness and have him lose his job.
Defense also said they have another expert to testify to the same thing.
There could also be a very benign instruction Perry could give.
Then there was discussion of jury instructions, lesser included charges, etc.
Apparently, the defense has filed a new motion to dismiss. Baez wants a couple of days. It’s an evidentiary hearing.
Well, things are moving along as unusual in the defense case, so who knows what will happen tomorrow!
I'll see you all in court tomorrow at 9:00 when testimony is supposed to begin. Tune in at 8:30 in case there are other issues to be discussed!