Thursday, October 15, 2009

Casey Anthony: Hearing Tomorrow, An Update

I'm getting myself ready for the hearing tomorrow and swimming through the pages and pages of motions that have been filed in the last couple of weeks. I believe I've managed to separate the motions for the murder trial from the fraud trial.

Although Judge Strickland plans to hold a status hearing for the fraud trial tomorrow, I have to believe that the shear volume of the motions precludes discussion at the hearing which already encompasses five motions from the criminal trial.

In last week's article I discussed the State's response to the "spoliation" issue which the defense wants to use to have the entire case dismissed. I said at the time that, since the defense had yet to reply to the State's response, that the defense will argue that they don't need to present any more information than they have.

Well, I was right. In the Defendant's Reply To State's Response to Motion To Dismiss Due to Spoliation of Evidence, the defense reiterates its original position and refers back to the memorandum it filed with the original motion.

I'm not an attorney, so I will stay away from the esoteric legalese in the motion as well as the discussion as to which case law applies to what and get to some of the basic facts.

The motion does include a more detailed explanation as to why they believe LE acted in bad faith by excavating the crime scene. What it boils down to is:

As usual, I will cap my discussion of this reply to a reply by quoting my favorite part:

The technological changes since Youngblood and the corresponding changes in Florida case law and policy support her contention that, given the prevalence and importance of DNA testing and other forensic science, police and other State agents should be presumed to understand that they are crippling a defendant's ability to defend herself when they destroy an entire crime scene...

There was no way LE could completely unearth all of the evidence and tiny fragments of bones from the scene without removing the nasty vegetation and sifting through the soil.

Had the investigators not done so, and many precious remains had been missed, the defense would be telling the State that they had botched the investigation.

I hope that Judge Strickland can rein in all the attorneys who will be present. There could be some rather impressive pyrotechnics in the courtroom tomorrow.

Motions to be considered October 16, 9:30 AM
Motion to Dismiss Due to Spoliation of Evidence
Response To Motion To Dismiss Due To Spoliation Of Evidence And Motion To Compel Defense Witness List For Hearing
Defendant's Reply To State's Response to Motion To Dismiss Due to Spoliation of Evidence
Motion to Dismiss Counts 1 And II Of The Indictment Against Casey Marie Anthony
State’s Motion to Strike Defendant’s Legally Flawed Motion to Dismiss Counts I and II

T&T reference articles for the motions
September 17
September 20
September 23

Here are some interesting facts about the hearing tomorrow. According to reporter Tony Pipitone, of Local 6, "Strickland did not call the motion to dismiss to be heard at next week's hearing, but did set for hearing the state's move to have that motion to dismiss cleared from the record because it is flawed."

In addition, "Pipitone said it looks like Strickland is trying to clear the clutter over the defense's claims that the case should be dismissed. Strickland also did not call the defense's motion to bar the state from seeking the death penalty to be heard next week."

The State's Response To Motion To Preclude The Death Penalty Procedures is now available online. While it isn't posted to be discussed at tomorrow's hearing, I'd like to share the opening parts of the document authored by Assistant State's Attorney Jeff Ashton:

In her Motion, through counsel, the Defendant, once again, has filed a legally insufficient motion which the State would move this court to deny the motion on the pleadings and avoid the grandstanding at a hearing before the media which appears to be the sole purpose behind the filing of the motions...

I believe Mr. Ashton hit the nail on the head here, considering the recent media blitz by the defense and the airing of a 48 Hours episode about the case tomorrow. Apparently, the defense will be splashing their stuff all over the media yet again. The article at the link has a number of incredible quotes (and I mean "incredible" in both meanings of the word).

See you in court tomorrow!


katfish said...

Wow Ritanita, once again thanks for a great outline of the status quo of this case. As I write this the hearing was already held and the results are in....I look forward to your report on that. I think Judge Strickland made some good rulings yesterday.
I wish I would have caught this entry sooner, I didn't know 48 hours was doing an episode on this case....although if it was just more grandstanding by the defense....maybe not.