Here are my raw notes from the hearing:Today has been a head-spinner for the case. First, the defense filed a reply to the media motion saying that they didn't have time to reply at the current time. In short order, the Appellate Court denied their request. Now, we all have to wait to see what the Appellate Court decides. Will they deny the media motion? Will they delay action and allow Perry to go ahead with jury selection? Will they approve the motion and force Perry's hand?
Next, we we heard there is an emergency hearing because the defense objects to the venue location. It's also possible that we will hear argument by Mr. Lippman concerning George and Cindy Anthony's motion to attend the trial.
One thing I do know at this point is that Cindy and George Anthony are at the courthouse.
To add to the vertigo of the situation, it has just been announced that Cindy Anthony has scheduled a visit with Casey for tomorrow. Mr. Lippman had filed motions about that as well.
To end the morning, we learned that the defense has lost their jury consultant Robert Gabriel!
At 12:58 the courtroom is still quiet. Apparently the hearing started in the judge's chambers to discuss the defense objection to the change of venue.
Meanwhile, the Anthony's are there and frequently switch from smiling conversation to what appear to be "polite" disagreements. They are accompanied by their attorney, Mark Lippman.
At 1:26 the attorneys enter the courtroom. Casey enters wearing a white button-down blouse.
Judge Perry enters the courtroom and we have sound.
Mr. Baez withdraws his motion objecting to change of venue. (I'm wondering where it is. I doubt that they would have objected to West Palm Beach.)
Next up is the Anthony motion. Mark Lippman speaks for them.
Lippman points out that Cindy and George Anthony have both been deposed by the state and the defense (I think).
Lippman adds another case to his list and uses the Beasley case which is more analogous to this case.
The case involved son and daughter who were key witness in a capital witness case in which they both had been deposed.
Mr. Lippman is asked to slow down by Judge Perry.
Even slowed down, it is difficult to follow his arguments which starts by arguing that George and Cindy are next of kin, even though the current statute is vague on the issue.
Perry told LIppman that it is obvious that they are next of kin and neither side disagrees.
He then argues that they have the right to be in court for the trial.
Their depositions memorialize their statements and therefore should be allowed to attend.
As to Casey Anthony and her rights, he mentions the defense motion filed yesterday in which it said they would be impeached at trial and could be called back after their initial testimony.
Mason then argues his points. He says that having depositions is not "the end of the day". They are material witnesses who have been on the witness list since day one and George Anthony testified at the grand jury (a copy of which they do not have yet). He feels that their testimony will be contaminated by being in the courtroom.
Mr. Ashton stated that they had no objection to the Anthony's being exempted to an exemption to the rule. He does share a concern about their reactions to testimony and the strong public reaction to them.
Ashton asked that they be seated in the balcony to distance them from the jury and the public.
He also stated that the state would be calling them more than once in their case in chief.
Lippman repeats his main point.
Judge Perry asks how his client would be prejudiced by their being there.
Mason reminds the judge of his argument that their later testimony could be tainted by testimony they hear.
Perry indicates the signage that will be posted throughout the 23rd floor which says that anyone who reacts to the testimony visibly will immediately be ejected and not be allowed to return. (George and Cindy will need to watch their faces!)
Pointing out the extensive testimony and recordings of public statements they have made, the judge rules that they may attend the trial. The defense has not proven its case.
Perry adds that they will be treated the same as other on-lookers.
Baez brings up some discovery information. He says he gave some information about Dr. Vass. In light of the rulings that Vass may testify, they may use some of the material he turned over to him. Ashton appears to object to that and asks the court for direction.
Ashton says it is a CD with over 5,200 documents and he feels that Baez should tell him which he plans to use, he can raise a discovery issue when the time comes.
Baez claims that he doesn't know what Dr. Vass is going to say, so he can't do that.
Perry agrees with Baez in this case. Ashton objects because there is a whole lot more there than articles by Dr. Vass as Baez has indicated.
Ashton also has another matter. Witnesses have received subpoenas for Monday! Baez says there are instructions to call his office to find out when they will be needed.
Lippman says his clients received the same thing and received no information from Baez' office and plan to be in the courtroom Monday. When they called, they were told "not to worry about it."
Judge Perry says they have more important things to do than deal with this.
With no more from the state or the defense, Judge Perry ended the hearing telling everyone he would see them at 8:30 Monday.
Lippman adds another case to his list and uses the Beasley case which is more analogous to this case.
The case involved son and daughter who were key witness in a capital witness case in which they both had been deposed.
Mr. Lippman is asked to slow down by Judge Perry.
Even slowed down, it is difficult to follow his arguments which starts by arguing that George and Cindy are next of kin, even though the current statute is vague on the issue.
Perry told LIppman that it is obvious that they are next of kin and neither side disagrees.
He then argues that they have the right to be in court for the trial.
Their depositions memorialize their statements and therefore should be allowed to attend.
As to Casey Anthony and her rights, he mentions the defense motion filed yesterday in which it said they would be impeached at trial and could be called back after their initial testimony.
Mason then argues his points. He says that having depositions is not "the end of the day". They are material witnesses who have been on the witness list since day one and George Anthony testified at the grand jury (a copy of which they do not have yet). He feels that their testimony will be contaminated by being in the courtroom.
Mr. Ashton stated that they had no objection to the Anthony's being exempted to an exemption to the rule. He does share a concern about their reactions to testimony and the strong public reaction to them.
Ashton asked that they be seated in the balcony to distance them from the jury and the public.
He also stated that the state would be calling them more than once in their case in chief.
Lippman repeats his main point.
Judge Perry asks how his client would be prejudiced by their being there.
Mason reminds the judge of his argument that their later testimony could be tainted by testimony they hear.
Perry indicates the signage that will be posted throughout the 23rd floor which says that anyone who reacts to the testimony visibly will immediately be ejected and not be allowed to return. (George and Cindy will need to watch their faces!)
Pointing out the extensive testimony and recordings of public statements they have made, the judge rules that they may attend the trial. The defense has not proven its case.
Perry adds that they will be treated the same as other on-lookers.
Baez brings up some discovery information. He says he gave some information about Dr. Vass. In light of the rulings that Vass may testify, they may use some of the material he turned over to him. Ashton appears to object to that and asks the court for direction.
Ashton says it is a CD with over 5,200 documents and he feels that Baez should tell him which he plans to use, he can raise a discovery issue when the time comes.
Baez claims that he doesn't know what Dr. Vass is going to say, so he can't do that.
Perry agrees with Baez in this case. Ashton objects because there is a whole lot more there than articles by Dr. Vass as Baez has indicated.
Ashton also has another matter. Witnesses have received subpoenas for Monday! Baez says there are instructions to call his office to find out when they will be needed.
Lippman says his clients received the same thing and received no information from Baez' office and plan to be in the courtroom Monday. When they called, they were told "not to worry about it."
Judge Perry says they have more important things to do than deal with this.
With no more from the state or the defense, Judge Perry ended the hearing telling everyone he would see them at 8:30 Monday.
By the way, InSession announced they will be covering jury selection. It's not clear if it will be live, but I'm sure hoping it is!
WATCH the hearing.
Cindy Anthony Schedules Jailhouse Visit To See Casey
Casey's Defense Loses Jury Selection Consultant
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5 comments:
ritanita,
Thank you for the notes! You are so good!
The Anthony's being allowed in the courtroom came to me as a surprise big time! They don't know how to behave with all their facial expressions we have seen during the hearings.
Having said that why wouldn't the defense want the Anthony's in the trial? Hmmmmm, very suspicious! The Anthony's are in for a big surprise and it won't be a "nice one"!
Hey G&C the bus is coming, are you laying down yet? LOL
I have no love for the Anthony's but it will be really a betrayal if KC point the finger at her own family which it would not come as a surprise at all to all of us, would it? Hopefully today!
When will the court of appeals decide? Boy I have a headache!
Will jury selection be live streamed?
Thank you ritanita!
I, too, was SHOCKED the Anthonys are being allowed to attend the WHOLE trial.
Any word on how long the trial is supposed to take? I sure hope there's no delay in getting this thing going!!!
Thanks for your great BLOG...
I can't figure out why Casey's mom but NOT her dad wants to meet with her. Seems like dad is the buffer between the two women so I am head-scratching on that one.
Casey did not meet with her mother. I caught it on Headline News that her mom showed up at the jail but was turned away. Cindy placed money into Casey's snack account and left.
And this is what I hate about our judicial system - it forces people to not be human, natural reactions can't occur! Plus - limit what evidence you can show. This is a very sensitive murder trial - how can a person NOT react with some emotion? So what if emotion tells a story about the truth? How can you do that with all these limitations? Isn't it the point of getting to the truth of the matter? Or, is it about who can lie and manipulate the most to get their client off the hook? Sometimes I'm so digusted by this, (OJ's trial did me in), I have to NOT watch a trial. Nothing against you, Ritanita, you do a fantastic job of covering trials - thank you.
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