Sometime before they rest, we will know if Cindy Anthony was at work on March 17 and March 21 in the early afternoon hours. We will learn if her Gentiva system had the "real" internet.
We will be hearing more from George Anthony and his suicide letter, or the prosecution can just enter it into evidence so the jury can read it. Perhaps Dr. Jan Garavaglia will come back to answer one question: Why didn't you open the skull? After that, who knows?
I was surprised that the defense team didn't show up for the phone-in hearing and left their client on her own. Also, Jose Baez was supposed to present his arguments as to why Jesse Grund's bit of information about what Casey told him years ago. It didn't happen and there was ample time after the motion hearing.
Let's hope that things run more smoothly for me today. Monday, the trial ended so late that I couldn't get the blog up at a decent hour. Tuesday, thunder storms burst out overhead the moment the trial ended. Yesterday, my keyboard quit at the end of the trial. Cross your fingers!
The Defense Rests
Court was in session at 8:50. Dorothy Sims indicated that she had a scheduling question concerning Ann Finnel.
Jose Baez said that he had just received work-related papers from Cindy Anthony's employer. They are a bunch of print-outs that he can't understand. He assumed they were about rebutting her testimony. He said that it was a discovery violation since they knew Cindy was going to testify in 2008. He hinted at a continuance. He said that they are only records for those days in question. Baez said he would like to have all the records.
Judge Perry said there would be time after 5 PM for depositions. He also pointed out that he knew what Ms. Anthony was going to testify to. The defense did have the time cards.
Jose Baez stated that his first witness for the day would be Krystal Holloway.
Baez began by asking her other name. She explained her father used to call her River and her mother's maiden name is Cruz.
She went through how she met George Anthony at the KidFinders tent where she went every day. She developed an intimate relationship with George Anthony. He came to her house about a dozen times. She was asked if she ever gave or loaned him money (objection/relevance/sustained)
Holloway claimed that George told her that Caylee's death that snowballed out of control She didn't ask anything further because his eyes were full of tears. This happened around Thanksgiving.
She said she thought the relationship ended the day of the 4th birthday balloon release.
Holloway said that she never went to the media after the relationship ended. The police contacted her two years later. She was asked if she knew George and if she had a relationship with him. They had several text messages from George. She provided the police with her phone and the letters he had written her. He then referred the text message she was holding and it was entered into evidence. It said, "Just thinking of you, I need you in my life" and was sent Tuesday, December 16 (no year).
The day of the memorial, he was supposed to come over to visit her and he was texting that he couldn't show up. Her sister texted him a message and he stopped.
Her name became exposed in the media. (objection/relevance/sustained/sidebar)
When the police first asked her about the affair, she denied it. She thought he would get in trouble. She was also in a relationship at the time. She eventually told the police she did have a relationship with him.
Holloway denied selling her story to a tabloid, but she dd an interview because she thought the media would turn the story into trash. Baez then brought up her twin sister. One of them got compensation for the interview.
She told Baez that she wanted to testify in court.
Jeff Ashton did the cross. He called her Ms. Cruz and indicated that the Anthony's were already in the news, insinuating that she put herself into the case. She received $4000 for the interview with the National Enquirer. She said that the National Enquirer would tell her story in a fair, non-sensational way. Ashton indicated the story was more sensational if she claimed to have an affair. She denied it.
Ashton moved on to the letters that George sent her. Ashton handed her a letter sent to her by George a few weeks after the previously read text message she read in court. Judge Perry read the letter. He then spoke to the lawyers at side bar. It was not admitted into evidence. George mentioned his attempts to contact her, including through her "husband" (boyfriend). In the letter, he referenced that it was from him and his wife.
The text was sent to her five days after the remains were found.
On February 17, 2010, she was placed under oath and said that she did not have a romantic relationship with George. The first time she told someone in the media or police was in February. She replied that her sister went to the media with it and she went and told the police the truth. (When I checked, the 17th was a Wednesday!)
Ashton led her through the series of event which began with the 17th of February, her sister went to the media with the story, and very quickly she herself went to the media (National Enquirer). She could not give the dates or order of the events. (From what she said, it was by the end of the week, which meant three or four days.) Ashton then asked why she gave the media interview. She said that she told the truth because it came out because of the media. Then, she said it was the same week that she told police. Holloway said she started discussions with the National Enquirer at the end of the same week. (That all may not make sense, but that’s what happened!)
Ashton went on to the statement she claimed George made to her. There was disagreement among the attorneys and there was a side bar.
The objection was withdrawn and Ashton read the statement she made to law enforcement. He then had her read it out loud.
The key part there was that he said that George Anthony believed it was and accident that snowballed out of control and she tried to cover it up.
Ashton pressed the issue that he didn't tell her that he was present when it occurred. George never said that he KNEW it or that Casey SAID it to him.
When Ashton tried to get into the statement that George had held Casey up against a wall, Baez objected/sustained/bench conference. Perry sustained the objection and Ashton had no more questions.
Baez got up to re-direct. He referred to the statement Ashton read and stressed the "believing it was an accident." Holloway said that the statement was taken out of context. The first statement was that George said "it WAS an accident that snowballed out of control" and she followed it up with the statement Ashton read.
Baez asked if George was still out making media appearances and telling the world that Caylee was missing when he made those statements to her.
Ashton then went back to the text message and she said that she was still in a relationship with him when it was sent.
Baez brought out that she kept it quiet until the detectives came to her house two years later. The relationship was exposed and it was in the media. She went to the Enquirer because "he" told her he would tell her story.
Baez attempted to go into her failure to sign a citation (objection/sustained).
Jeff Ashton then asked her to read from her sworn statement completely through. (February 17)
By this point, she was sniffing... She started to read and Baez objected, saying it wasn't the complete context. We were off to the side bar again! When the side bar broke up, Ashton handed her the statement and she had to read the entire context.
Ashton pointed out that George never said that he knew what happened, and Holloway agreed.
Jose Baez asked more questions then.
He tried to say that George said the statements in a manner that he KNEW it was and accident. She then agreed with Baez!
Jeff Ashton went next, saying that he was confused. He pointed out that George had not said it like he knew. She agreed and Ashton was finished.
Next came Jose Baez with his computer. They went to a side bar. Somehow, it turned out that there were two different statements! Judge Perry sent the jury out for the morning break and allowed the witness to stand down.
The judge pointed out to the attorneys that they couldn't have a break and discuss the issue. The lawyers left, but came back shortly for a discussion with the Perry about it. Jeff Ashton asked for a special instruction. The key point in it was that the testimony could not go to Mr. Anthony's knowledge of the crime. Baez objected saying it went too far. Judge Perry read case law on prior inconsistent statements.
Ashton pointed out that it is the ONLY piece of evidence in the entire case that mentions an accident. It offered no proof of how the child died.
Baez said the language was superfluous. Baez said there were numerous other arguments made than that. Then, when Baez cited what Ashton wrote, he went on to blah, blah, blah, blah, blah, literally.
Perry asked Baez if he read the case Ashton brought up. He also asked Baez if he felt it was substantiative evidence. Baez said it only went to impeach George Anthony.
Ashton said that the significance of the statement was not to impeach George Anthony, he'd already been impeached a lot! It was presented to be taken for more than what it is. He did not want the jury to use it in an improper way.
Baez still went on about the statement. He obviously didn't want the last part to be in.
Judge Perry said it was evident an instruction would be needed. He decided that the instruction would say (Baez interrupted to try and get more argument in at that point) that the statement could not to be used as evidence of the defendant's guilt or innocence.
Baez then objected to Perry’s instruction. The jury can infer that George Anthony lied on a specific topic and they could use it to decide the innocence or guilt of Ms. Anthony. (Give it up, Baez, the judge won't change his mind.)
Baez built his whole case around "an accident that snowballed out of control" to blame George.
Ms. Holloway was excused in front of the jury and the jury instruction was read.
The next defense witness was Dominic Casey (again). He was shown a defense exhibit, a map which had been attached to an e-mail and a couple of pages of what appeared to be e-mails. It was an e-mail he sent on November 15, 2008. The map he had accurately depicted the area he searched, within (and he drew a circle in the air). Luke Phillips sent him the map and asked where he searched. Baez then entered it into evidence over Mr. George's objection.
The map had pin points where he searched. Baez asked if his mind was fresher on November 15, 2008 than it is now. Baez then had him verify the locations on a larger map. Casey said the blown up version did not seem accurate. Somehow, the map was shown to the jury with the locations marked.
Frank George then did cross. He asked if Casey had been precise. Casey said it was the general area. He said he'd used the bend in the road as a reference site. He said he headed west to the bend and walked in to the woods about 25 feet and then walked some more. So, in effect, the pins weren't accurate. Casey testified that the map was the one he put the pins in, but that it was the GENERAL AREA where he put the pins in.
Baez said the map was prepared three years ago. Baez said that Orlando is 101 square miles, and that was the only place he searched.
Baez had no further questions.
The witness was excused.
Baez had a stipulation to be read to the jury. The video is one which shows the roll of Henkel duct tape at the command center.
The video was shown to the jury. There was no audio of George Anthony speaking. The tape appeared on a table at the end of the video.
The defense then called George Anthony. When asked if the duct tape was his, he answered it could have or could not have been. George also wanted to know which command center it was as they had so many command centers. Baez gave him an address but George said they never had a command center there. He said that there were two Publix's where they had command centers. George could not tell which one that the video was taken. Baez said the date and then asked if it was his duct tape. George said he had no idea.
Then, Baez brought up that George came from Ohio. He asked if he knew that Henkel duct tape was made in Ohio. George said he didn't know that.
Baez then asked if they had a dog named Mandy when they lived in Ohio. (objection/sidebar/overruled) The dog had to be put down. The dog was buried in their yard. To the best of George's recollection, the dog was wrapped in a blanket. When Baez asked if the dog was put in a plastic bag and wrapped with duct tape, George didn't remember. Then, there was a dog named Beau. He died when Casey was about four years old. He was taken to a vet and didn't remember how he was buried.
Then, Baez asked about Penny and Ginger. He couldn't remember how they were put to rest. Then he asked about Cinnamon. Again, George didn't remember. When asked about Misty, George said he didn't have a dog named Misty.
Baez then asked if, when he spoke to police, did he mention how he buried his pets! (Baez, you've got to be kidding me!)
There was a side bar.
Jeff Ashton asked George Anthony ONE question:
Mr. Anthony, have you ever taken a dead pet and dumped it in a swamp? George said no and Ashton was finished.
Next up was Cindy Anthony. Casey was a toddler when Mandy died. She was asked to bring something she wanted her to be buried with. She brought a blanket. The vet took her away in the back and the dog was brought back to her wrapped in a black plastic bag closed with tape (not duct tape). Beau was also taken to the vet and the vet secured him and he was ready to be buried.
The other pets were not at the vet, but they buried them the same way themselves.
Linda Burdick did the cross. She asked if they euthanized their own pets with chloroform? No. Did you put duct tape on their mouths? No.
Casey was present but she and George did the preparations. It was a family tradition. For one pet, George found the statue of a dog for a marker.
Baez asked if the tape was used to close the bag. They put the tape at thirds on the bag.
There were no further questions.
Lee Anthony was called next.
He discussed the fact that he buried Cinnamon in the back yard. The only other one was a dog his grandmother had who was given to her in a black plastic bag and taped with a clear tape. His parents were in charge of burying the family pets.
The jury was excused for lunch until 1:30.
The afternoon session began with Cheney Mason asking about the discovery situation from this morning. Jose Baez asked to approach without the court reporter.
Then, the defense stated that they were finished with their case. Casey Anthony stood to be questioned by the judge as to her desire not to testify.
The jury was then returned and Judge Perry read some stipulations. The defense introduced the records of SureTape, manufacturer of Henkel duct tape. Then, the defense rested their case.
The jury was then sent out so court business could take place.
Linda Burdick announced that the state would present a rebuttal case which would last for a day.
Judge Perry then brought up the discovery issue.
Cheney Mason handled the argument for that. The defense had been informed that Cindy Anthony's work records would be coming in to impeach her testimony as to whether or not she was at work the days of the computer searches.
He indicated that this morning, they received hundreds of pages of records. He objected to this testimony. He pointed out that she had testified July 28, 2009 to this issue. The state had two years to get the information.
He said it was a discovery violation and prejudicial to the case. She was cross-examined by the state on the issue and just now want to bring in new material.
Ms. Burdick said that the documents are a one page document which is a log-in log-out report for the pertinent week.
There is a series of e-mails of Ms. Anthony. They only asked for documents for those two days. They are deleted, received, and sent e-mails for the day.
The last document is an Excel spreadsheet which is broken up into two pages per item. It was the desk top log-in records with detailed records.
She said that Mrs. Anthony did talk about doing chlorophyll searches. However, during her testimony last week, she said that Gentiva would have the records.
Ms. Burdick pointed out that exclusion is the most serious remedy for a discovery violation. The documents came in pieces starting last Monday.
Mr. John Camperlengo came from Atlanta and is prepared to testify concerning these documents. Ms. Sims spoke with him over the lunch hour and would need more time.
Mr. Mason said that Judge Perry had reminded them that this was not to be a trial by ambush. The state, with its resources had time to find the material. Mason then started complaining about all the depositions he did and the documents he'd gone through.
The state should not let the state allow Mrs. Anthony to sit back and testify and then come back and say she testified falsely.
They suspected she was not telling the truth then and allowed her to testify here in the courtroom.
Judge Perry asked both sides if Mrs. Anthony give validation to the hours she was working. Ms. Burdick said they spent the majority of the inquiry talking about the computer searches. At that time she did indicate she made searches for chlorophyll.
Baez said that Cindy did mention chloroform and ingredients of it. Cindy answered then that she "may have" done the searches.
Perry then asked when the state got the records. Ms. Burdick said it was yesterday afternoon. She notified the defense yesterday that she was expecting records from Gentiva. She also mentioned earlier that they were going to have someone come in from Gentiva to testify.
Ms. Burdick said that she knew Cindy would say she did chlorophyll searches, but she did not think that she would discuss her work records to the extent she did.
Jose Baez read from the deposition. Perry then asked Baez if the defense knew that she would testify that her work records were not accurate. He did not immediately answer the question. He said that Mrs. Anthony he was a salaried employee and she could come and go. Perry repeated the question about the fact that her work records were meaningless. Baez said definitely yes. Ms. Burdick said it was an area that she only touched upon and it was HER deposition.
Perry then asked what prejudice the defense would suffer other than having her testimony impeached. Baez said that would mean that they would have presented false evidence. Baez even mentioned calling her to be called up in sur-rebuttal and her pleading the Fifth! Judge Perry pointed out that if that happened, ALL of her testimony would have to be excluded. He does not want a stigma attached to the defense. Perry indicated that counsel only gets into trouble if the witness told them they were going to lie. Baez made more arguments and reminded Judge Perry of what he had told them.
Ms. Burdick said that Cindy went on about the topic and was not accusing Mr. Baez of anything. She said she got the discovery as soon as they were aware of the situation.
Baez said that he would need to have his experts examine the documents because they can be misleading. Perry asked Baez if before she took the stand, did he know she was going to say she was home and not as work as her employment records stated. Baez said yes and a whole lot more! Perry repeated the question. Did he know the work records were meaningless? Baez said, yes!
The work records which were introduced were computer generated. It's a time card history report. Were any investigations made to see if anyone tampered with them to question the accuracy of the records.
Baez kept saying she was a salaried employee and that she could come and go and her hours would not compute with her time cards.
With the arguments finished. Judge Perry found that this was NOT a discovery violation. As soon as the State of Florida got the records, they provided them to the defense.
Perry added that trials are a search for the truth!
Finally, Perry asked how long the defense needed to prepare for the testimony of the witness. He also pointed out that both sides have stipulated to the veracity of other Gentiva records, they were not fabricated. Ms. Sims has the balance of the day to talk to the witness.
Perry also said that nobody should be surprised about this after hearing Mrs. Anthony's testimony!
Ms. Sims said that she didn't know how much time she would need. Ms. Burdick indicated the time difference was that it was in central time.
There was an issue that the person who needs to explain them to her has a doctor's appointment in Atlanta. Frank George went out to check on the situation.
Jeff Ashton then said the defense will have an objection to his examination of Mike Vincent, their second witness. Jeff Ashton said he would have him open a can and testify to the odor. This would rebut Dr. Furton, who said that it was the smell of trash. He said the jury would want to smell it (as they did the Velveeta). It would then be possible that the jurors smell it.
Baez said that Furton didn't smell either item. Ashton replied that if the defense didn't rebut the odor, they would pass on it. Perry asked Ashton how many witnesses had testified that the odor was human decomposition. There were four or five. He anticipated that the defense would continue to try and convince the jury that it was the odor of trash.
Perry seemed to feel that there was enough testimony to the odor of human decomposition.
Ashton spent time explaining that the jurors have the right to use their olfactory senses. He cited some case law on the matter. Apparently, this would come up during deliberations if the jurors wanted to smell the can. He felt that if one did it, they all should be required to do it.
Baez accused Ashton of not paying attention during jury selection where this came up. The judge had told them to provide case law and they didn't do it until now. He accused the state of changing the rules of the game in the middle.
Judge Perry read the same decision he read during jury selection. He also referred to some other cases which dealt with odors the jurors would know about. He also cited Florida cases. Not surprisingly, he ruled against the state. That piece of evidence will not go back to the jury to avoid juror experimentation. Needless to say, Mr. Ashton wasn't very happy with the decision. In addition, Mr. Vincent would not be permitted to testify.
They will have the brief testimony of the one witness then recess for the day.
The jurors were brought in and the prosecution presented the first witness in their short rebuttal case.
Alina Burroughs was the first rebuttal witness to take the stand. She is a crime scene technician and photographed items at the Anthony residence during a search. She identified the pictures as the clothing taken from Caylee Anthony's dresser. There were no other questions and no cross. Ms. Burdick introduced them into evidence with no objection.
There were also a series of drawings made by Dominic Casey entered into evidence with no objection.
Burdick also introduced Joe Jordan's records which he testified to. Baez had an objection to them. The exhibit was modified and the defense had no objection.
Jeff Ashton then moved in George Anthony's suicide letter. Baez asked to see the letter and had no objections.
The letter was briefly published to the jury and Judge Perry informed them that they can read it at their leisure during deliberations.
Jeff Ashton informed Judge Perry there were no more witnesses today.
Judge Perry told the jury that the rebuttal case should be completed tomorrow and that closing arguments would be Saturday.
The jury was then excused for the day.
Then, there was a young man at the podium. Matthew Bartlett, 28. He was shown a photograph of himself flipping the bird to someone. He was doing it to Mr. Ashton while court was in session.
Judge Perry held up the sign that was posted outside the door. He asked how far he went in school and he said 12th grade. He read the sign. He understood the sign.
He said he was stupid and was sorry for doing it. He said he didn't think lowly of Mr. Ashton. He said it was a stupid thing he did and he apologized. He was aware that the jury was there.
After getting some information from the young man, he received a tongue lashing from the judge and was held in contempt of court. He was sentenced to 6 days in the Orange County Jail and $400 in fines and court courts of $223 which he said he could pay immediately. The judge gave him 6 months or he could pay it all at once.
He said that he would appeal. Judge Perry swore him in, asked a few pertinent questions, and appointed him a public defender.
Baez said he was preparing for a subpoena duces tecum for Geniva records from July 15, 2008.
The gentleman from Gentiva said he didn't think he could get the records until Wednesday of next week, due to the holiday. Judge Perry said that, unless it was earth shattering, it is what it is.
Court is in recess until 9:00 AM tomorrow unless there is an issue.