Getting Ready for the Fireworks: Hearing Thursday in the Casey Anthony Murder Trial

UPDATE!

The defense team filed an Objection to Release Of Documents Related To Intended Defense Review of the Evidence. A quick read-through told me that the author was Cheney Mason and that there was not a single legal reference to bolster his arguments.

The motion will be heard at tomorrow's hearing.

As for his arguments in favor of the motion, they deal entirely with the media. He attacks the media in oh, so many ways. He even manages to take a swipe at the "talking head" lawyers who have neither the experience, knowledge, or predicates for their public comments..."

I recommend a quick trip over to WFTV to read their article. I've also included their most excellent links.

RAW INTERVIEWS: Mason Dr. Lee Baez
READ: Objection On Release Of Evidence
VIDEO REPORT: Experts Reviewing Evidence

I know that I won't be alone on Thursday, July 15 at 2 PM. There will be many people who follow the Casey Anthony trial hearing watching to see what will happen. Judge Belvin Perry, Jr. will presiding over what may well be one of the most contentious hearings we have witnessed.

The genesis of this hearing goes all the way back to the defense's May 6, 2010 Motion To Reconsider Strickland Rulings. One of the portions that was scheduled for that day was the motion to make all the Texas EquuSearch records available to the defense. Unfortunately, when setting the date for the hearing, defense attorney Cheney Mason did not confer with TES attorney Mark NeJame, who was unavailable for that date. The hearing for this issue was then scheduled for July 15. If you would like to review the content of this, read the article I posted on the topic. This motion is technically not a "second bite of the apple" since the Baez and Mason claim that it was impossible to review all the documents properly. Baez even stated in open Court during the May 6 budget hearing that he wanted all the names so that he could research all the volunteers.

To date, we haven't heard Mark NeJame's side of the story, but it will be very interesting to listen to. Do you think Judge Perry will buy the defense's claims? Somehow, I don't think so. Linda Drane Burdick had stated that it had taken her about six hours to go over the forms and had found no more to flag. Also, I hope the judge puts an end to the whole issue for once and for all.


In addition, we have Cheney Mason's odd comments about the searchers after his solo hearing on June 16 after the status hearing.
In the middle of discussing the 911 calls and what Cindy Anthony had made in her deposition which was released last summer, Mason made a sharp seque to say

... the depositions where they searched and did not search, it turns out that they did not search the exact area where the body was found.

Kathy Belich then steered the conversation back to the 911 calls. The discussion then went back to the searchers. Mason said,

... the public has been made to believe that these people searched the exact area where the body was, or tried to, and couldn't. The fact is, they didn't try to, they didn't. They weren't there. It was impassable at the time. So, there's a lot of people who've mistaken what happened back in the summer of 2008, the winter of 2008.

He then went on to discuss that the defense wants to establish reasonable doubt as to when the body was put there. This is the same story that we've heard for quite a while, that the body was placed in that location when Casey was in jail.

Here's the problem with the "when Casey was in jail" part. Casey was in and out of jail between July 16, 2008 and October 14, 2009 when she was indicted by the grand jury. I would see that they would have a problem saying the body was put on Suburban drive after October 14, due to scientific evidence. Are they really going to try for a summer date when Casey was in and out of jail on bond?

Mason went on to state that the defense would have to establish "who, how, and when". He also mentioned that various people had given different information about the condition of the area. He said that some stated that they couldn't search the area because it was under water. He also said that someone said the area wasn't under water.

His statement concerning the searches ended with the statement concerning June 16, 2008,

That's when Caylee was missing. We don't know when she disappeared.

Listen HERE for yourself and see if what he says makes any sense to you!

The second issue on the agenda will be the admissibility of Cindy Anthony's 911 calls. On March 8, 2010, the defense filed the Motion to Exclude Heresay, Evidence, Gossip and Innuendo. The motion was pretty much put on the back burner, the State replied on June 9 with a motion outlining the reasons that the calls should be admitted. As I discussed in this article, the prosecution does not want to have the calls admitted as an excited utterance, they want them admitted because they show the developing story Casey made as the evening wore on.

Thanks to Richard Hornsby, we have a copy of the motion filed by Cheney Mason on June 22, Defense Reply to State Motion to Admit 911 Calls. In it, Mason goes through June 15, 2008 from Cindy Anthony's perspective to show that it was a "plan" of sorts based on her learning that the car was impounded and all the actions she took that day. He even mentioned that Cindy had explained her motivations for the call in the Good Morning America appearance.

He also gave a very complicated explanation in the presser he gave, which is already linked above.

The latest news broke last week that the prosecution has subpoenaed Cindy and Lee Anthony to testify at the hearing. I don't need to tell anyone who read here that this may be the most explosive part of the hearing. All over the Internet, people are asking, "What will Cindy say?" , "What will Lee say", "will George be there?". Even the family attorney, Brad Conway, made a statement to the OrlandoSentinel saying,

"She's going to tell the truth," Conway said today. "She made the phone calls. It's factual. She's going to testify truthfully."

Will she? That's why we'll all be watching.

For more news, check out Calls for Justice, donchais has a new article up today.