Tuesday, March 1, 2011

Doing My Casey Anthony Homework: Part 2

Update #2
(2:23 pm)

I've just found the motion to strike Kathi Belich from the defense witness list. As of now, all the motions mentioned in the article are linked and accounted for.

Update #1!
12:31 pm

The court has just released a list of motions to be heard on March 2 and 3.

In addition there has been a Supplemental Motion To Quash Subpoenas filed by the Orange County Jail. It deals with witnesses subpoenad for the motion dealing with the jail video.

I have linked other motions that were initially listed below that have become available. They include the defense witness list and Baez' reply to the show just cause motion. Good luck figuring out what it says!

It seems that getting ready to watch the hearings that begin at 9 AM on Wednesday and Thursday is getting all bollixed up with new assignments! There was a flurry of news and new filings after I finished yesterday. Before I get to the actual hearing, I'll tell you a little about what happened yesterday.

Linda Drane Burdick filed a Witness List & Evidence Schedule. There are quite a few witnesses on it and it also tells us the following information about the State's Case-in-Chief.:

1. They will not use any statements Casey Anthony made to law enforcement after her arrest following her indictment on murder charges and other charges on October 14, 2008. If you recall, she was taped in the patrol car when she was arrested after a bit of a "chase" and switch of vehicles. She also chit-chatted about how she new in her "gut" that Caylee was alive to the law enforcement officer who sat with her.

2. They will not use statements made to Maya Derkovic.

3. They will not use the jail video taken the day the remains were found. Bill Sheaffer had a conversation about this with Kathi Belich about this issue.

There was a Motion to Quash Subpoenas and/or Motions for Protective Order filed. According to the Orlando Sentinel,

...Orange County Attorney's Office has filed a motion to quash subpoenas served by Casey Anthony attorney Jose Baez on six officials with the Orange County Corrections Department.

...three employees have already been deposed in the case and requiring them to wait to testify would be "unduly burdensome."

...The other three employees have not been called as witnesses already and lack any connection to the case,

Apparently, the subpoenas have no specific time and date which would force the jail employees to attend the hearing until they are called as witnesses. This would place an undue burden on the jail.

The defense filed a Defense Witness List and Evidence Schedule.

WFTV filed a motion to Strike Kathleen Belich From Defendant's Supplemental Witness List. For more details, read the Orlando Sentinel article.

Finally, the defense filed a motion to Strike the State of Florida's Motion for Rule to Show Cause.
WFTV article.

I don't have access to the latest motions. As they become available, I will link them here. Check back during the day for these documents.

Now, back to my homework!

We now know that the Motion and Memo of Law to Suppress Jail Video Footage will not be heard.

In the Defense Amended Motion to Suppress Statements, Cheney Mason wants all statements attributed to Casey Anthony to law enforcement officers on July 15 through 16, 2008 and October 14, 2008 suppressed. (The State has already addressed the October 14 statements.) The issue here is that this case started out on July 15, 2008 when Cindy Anthony called 911 to report Caylee Anthony missing and that her car smell as though there had been a "damn dead body" in it. The defense claims that:

1. In the evening hours of July 15, 2008, the Defendant was confronted by members of the Orange County Sheriff's Department at her residence/parent's residence on Hope Spring Drive in Orlando. 2. Upon said confrontation, the Defendant was taken into custody and handcuffed by members of the Sheriff's Department, despite having no probable cause of any crime having been committed, having no warrant, and having no exigent circumstances that would justify a warrantless arrest of the Defendant.

The defense argument continues throughout the 15th to the 16th and Casey's trip to Universal Studios where they believe she was in police custody and not free to leave.

There has been a massive online search to find out if Casey Anthony was handcuffed the night of the 15th, and under what conditions. So far, all they have been able to find is that in a text message the morning of the 16th, she texted Tony Lazzaro that she had been handcuffed for ten minutes in the police car.

The State has called Yuri Melich, John Allen and a whole slew of police officers to testify at the hearing. The State will have to show that Casey wasn't under arrest or detained and not free to leave as of the afternoon of July 16.

The Motion to Suppress Statements Made to George, Cindy, Lee Anthony, Maya Derkovic, Robyn Adams, And Sylvia Hernandez is one in which the defense is trying to prove that statements made by Casey Anthony to all of the above (excluding Maya Derkovic) should be suppressed because all of the above were acting as AGENTS OF THE STATE.

The defense points to a July 24 conversation between Yuri Melich, John Allen, and George Anthony in which they reminded him that he could talk to his daughter without the presence of her attorney. George visited Casey the next day and tried to convince her to talk to LE.

Similarly, the defense is charging that Sylvia Hernandez and Robyn Adams were also acting as agents of the state.

All of the above mentioned people will be State witnesses at the hearing.

My major question is if George Anthony was trying to find Caylee alive (remember, back then the family firmly stated she was alive and that they were "watching" her kidnappers).

I downloaded and listened to Sylvia Hernandez interview and she pretty much had no sympathy for Casey. She was more focused on Robyn Adams, who was extremely distressed about her children and crying all the time. She also said she spoke very little with Casey.

Well, we shall see on this one.

I'm very pleased with myself in that I've already done my homework on Linda Drane Burdick's State Of Florida's Motions In Limine. It's a delightful (to me anyway) compendium of all those things the defense team has tried to do during the development of the case.

For a quick refresher, read Casey Anthony's Attorneys File A Blizzard Of Motions: Hearing Monday, January 3: Part 2. It's the first item in the article, so no need to scroll down.

As of the current moment, that is the end of my homework assignment. Between this and Part 1, I've covered all of the motions available to the public.

I will update this post as new motions filed yesterday become available. I will link them in the body of this article. I'll update the article above that if there's anything else new today, so keep checking back!

My special thanks to Muzikman and FRG.
See you in court tomorrow!


FRG said...


Thank you so much for all of your updates! You put a lot of work in these articles and I do appreciate it!

You are quite welcome! *insert blushing face here*

Well, my head has been spinning for quite a while now, so many things going on that it's hard to keep the focus.

Tomorrow the hearing might be quite interesting. The Anthony's will be there and so will KC, I want to watch George's behavior tomorrow, I have to say I don't expect him to change and stand up for Caylee but he hasn't been in the latest hearings and it has sparkled many interpretations, so we will see it. I believe tomorrow we will have an idea how the Anthony's will behave in trial, "hostility" word comes to my mind.

Have you read defense's motion to strike? Are you akright after that? LOL... I started but couldn't finish, too much whining, it's Mr. Ashton's fault, blah, blah, blah! I have no stomach for JB's motions anymore! I am sorry for Mr. Ashton and Mrs. Drane-Burdick! Poor souls! *insert rolling eyes here*

My wish is that HHJP firstly hear the Motion for Rule to Show Cause tomorrow! I want JB's smirk to wiped off of his face first thing in the morning!


See you tomorrow!

ritanita said...

FRG: It you haven't found it already, LOL, the Court just sent out a list of the motions to be heard. The Show Casue motion will be heard LAST!

If you haven't seen it, check the Update I just posted!

Please don't be dizzy, just take one thing at a time. Nope, with Baez' latest, it may not work.

I've read it twice and am still trying to figure it out. I'm thinking of making a multi-colored outline to follow what he is saying. ROTFL

FRG said...


No, no, no! The last one! I am not so lucky! LOL

Good Lord! Things change so fast! While I was writing my comment you had already updated it! Boy, you are fast!

Okay, now I am confused, I mean more confused because for the State of Florida's Motion in Limine defense will be calling CM as witness! W-H-A-T?

Is there something stronger than advil PM? Can you pass me some? LOL

See you tomorrow!

ritanita said...

Sorry for the confusion, FRG. I've been so busy updating, I haven't had a chance to read all the motions yet!

I even got the month wrong on the update! Thatks all for finding that for me. I guess I wish it were May aleady.

LVSusie said...

I dont understand State of Florida Motion in Limmie by the defense number 5. It says witness Cheney Mason...does that mean he is going to testify?

ritanita said...

LV Susie, that's what the document says!

This should be very interesting to hear. I hope they don't take too much time away from defending their client to practice whatever it is they are going to say!

Anonymous said...

I just wanted to say hello and thank you very much. I normally only comment at the Hinky, but I read all of your articles on the Anthony case. I've enjoyed every article, and have agreed with your personal opinions that you offer in them from time to time. I just felt I should at least say thank you for all of your hard work in keeping us informed and updated.
As far as Jose trying to suggest that law enforcement held Casey against her will, and her being unable to leave on the 15th and at Universal on the 16th. The interview with Casey at Universal, the detective clearly says they are in a room with the door closed for privacy only and that she wasn't being held and agreed to speak with them willingly. Baez in my opinion is making an attempt to confuse the the way it all went down by trying to suggest Casey was arrested on the 15th, when in fact she wasn't arrested until the 16th. Detective Melich at the bond hearing said Casey was at home and they picked her up on the 16th to go to her "Office to look for clues". Which indicates there was a period of time Casey was at home without any law enforcement after the police made their first visit with her, until they came back the next day to talk again after finding out what Casey had already told them was all proving to be untrue. And both times Casey spoke to law enforcement was willingly as well as going with them to try and point out where she had left Caylee on a few occasions, and then to Universal. When Casey was arrested on the 16th, it was for obstructing an investigation I think along with reckless endangerment of a child, or something along those lines. It was not for murder at that time. I personally don't see how Baez will get anywhere with this yet again, ridiculous made up scenario he wants to suggest is factual. Anyway, thank you again for your awesome articles.

Take care,
Bob :)

ritanita said...

Bob, I read you at the Hinky Meter all the time! Welcome to T&T.

I agree with you on everything you said.

I think the testimony of LE at the hearing will give us all a better idea of when this went from searching for a missing child and Casey's lack of cooperation to her becoming a suspect.

She was given every opportunity to tell where Caylee was and how she came to be missing.

I am so waiting for these hearings!

Liz said...

Hi Ritanita

I have spent way too much time on reading "the motion to strike the motion to show cause" (and given the Judge had entered an order to hear the show cause) that seems a crazy way to name the motion.

When I saw your update, I thought all would be revealed - your explanations save my soul - but then I read

"They include the defense witness list and Baez' reply to the show just cause motion. Good luck figuring out what it says!"

I haven't looked at any other motions that came out today - so please don't think I am at all critical - the time needed to read, let alone interpret some of the defense statements is immense.

Mr Baez has, as usual, blamed everyone for his own failings - he has explained his wonderful attempts to fall over backwards to help the Prosecution - despite they never return the favor.

I do wonder, however at why he would want to blame the Judge for even asking for clarification when he (Mr Baez) was so clear in Court. He also referred to Mr Ashton's filing as "this frivolous motion without authority" and given that the Judge has acted upon same by requesting Mr Baez "show cause" this doesn't seem a good idea.

I found the Video from Bill Scheaffer a good listen - about 20 minutes


Look forward immensely to your trial reports - thank you so much for all your updates

ritanita said...

Liz, I just finished reading it all and I have a headache and a crick in my neck.

I read the "long version" of the motion to strike which included the e-mails and it made it worse. I read two of Baez' attempted filings and they just don't cut the mustard.

The best Baez has come back with is that he objects to the methodology. That's not saying WHAT methodology! I honestly don't think he knows how to file a Frye Motion or what information it entails.

I'm so frustrated with the whole hot insulting mess that is Baez' reply.

If he spent half the time writing about the methodology he disagrees with as he does insulting Ashton and the judge and whining and complaining about all the long hard hours he works and how little money he has... he might just figure it out!

Bill Sheaffer was like a lullaby. It made me feel so much better.

I'm going into the article and replace the link for Baez' motion.

Then, I'm not doing another bit of thinking tonight! My mind is fried.

Liz said...

The attachments added many degrees to the confusion. I think they took me longer to read than the motion. Just two weird issues that come to mind

1. I am still trying to work out what was attached to the email from the Judge's assistant dated 7 February

2. Suggesting to Mr Ashton that he would "request court intervention" was probably not the best move, given that Mr Ashton has a good track record with court intervention.

I'm not sure about the fried mind, but my head is very poorly - so I shall find something to rehabilitate same for tomorrow.

thanks again