Casey Anthony: Status Hearing Friday and Various Tidbits

Update!

Jose Baez has some new charges with the Florida Bar.

Casey Anthony's lead attorney, Jose Baez, was hit with another ethics complaint. This one is so severe, he could lose his ability to practice law if it proves to be true.

WFTV has confirmed someone, though it's not clear who, has filed a grievance against Jose Baez for allegedly misrepresenting facts to the court.

******

"If this is true, other than stealing or being accused of stealing a client's money, there is no more serious charge that a lawyer can face," Sheaffer said.
Sheaffer, who served as the vice chair of the Florida Bar Association's Grievance Committee says, on a scale of one to 10, as charges go, it's a ten. The grievance apparently comes from an accusation made by Casey's parents' former attorney, Brad Conway.

Source:
New Ethics Complaint Could Cost Casey's Lawyer
Updated late afternoon 2/2/2011

I hope everybody is ready for the status hearing Friday, at 1:30 PM. I'm wondering if it will be more than a status hearing and the judge might address Jose Baez' latest motion to delay discovery. I've been waiting for a response from Jeff Ashton and the silence is deafening! I sure would love to know what's going on!

It's been an exciting few days, although you would never guess by the amount of MSM content.

Friday we had a huge document dump full of interviews and controlled phone calls to Laura Buchanan. What's not yet available is Laura's second deposition where she finally admitted to tampering with documents.

Otherwise, most of the attention was on the Robyn Adams letters with the audio recordings of her interviews. We've had those letters for a while as well as the transcripts.

No mention was originally made about the Brad Conway sworn interview. Muzikman was nice enough to get it for us before MSM put it up.

We are still missing the "meat" on a number of interviews with people surrounding the Laura Buchanan situation. There's a first page and a last page for a bunch of them.

If you are like me, you're still resting up from reading all those juicy documents! Let's hope more get published soon.

Otherwise, see you in court Friday.

Source:

Prosecution discredits key Casey Anthony defense witness

Brad Conway Out As Attorney For George and Cindy Anthony

The battle over the TES records has reached new heights as George and Cindy Anthony's latest attorney, Brad Conway resigned as of their attorney. This latest development comes after a heated trading of accusations between Mark NeJame, TES counsel and Jose Baez, Casey Anthony's long-time "lead" attorney.

Baez started hurling accusations at NeJame in his Response To Motion To Quash The Court's Order . In a long part of the motion which accused NeJame of all sorts of nefarious behavior, Baez stated:

13. The Defense grew increasingly concerned that Mr. Nejame has a direct conflict of interest in this matter as he is representing Texas Equusearch in a substantially related matter, whose interests conflict with that of his former clients. See Exhibit "B". What is more disturbing is that he has used his position with Texas Equusearch to compel his former clients to sign a waiver of conflict in exchange for their new lawyer reviewing the Equusearch documents. Exhibit "B". This can under no circumstances be considered a knowing and voluntary waiver. Furthermore, after George and Cindy Anthony withdrew their waiver. Mr. Nejame falsely claimed that the waiver is "valid and cannot be recanted." This court cannot allow Mr. Nejame to continue in this matter given the obvious conflict of interest. Furthermore, it is the defenses position that Mr. Nejame is using this case to further promote his own interests. (bold mine)
Of course, the infamous "Exhibit "B" contains the letter from Conway's clients to Mark NeJame, in which they rescinded their waiver. This was probably the same waiver of conflict of interest that Conway had waved before the court on more than one occasion to bolster NeJame's assertion that there was no conflict of interest in his representation of TES.

Mark NeJame's Reply to Defendant's Response to Motion to Quash the Court's Order on Defendant's Application for Subpoena Duces Tecum for the Documents in the Possession of Texas Equusearch Based on Bad Faith responded to the accusation by stating:

4. In the Defendant's response they falsely claim that the undersigned compelled a waiver of conflict from Mr. and Mrs. Anthony in exchange for allowing their attorney, Brad Conway, to review the TES files. In the time that the Defense took to write this ludicrous and untrue response, they could and should have performed their due diligence and contacted Brad Conway, attorney for George and Cindy Anthony, who would have informed them that these allegations were frivolous, untrue and lacked any measure whatsoever of truthfulness or veracity. Mr. NeJame has communicated with Mr. Conway as recently as yesterday morning and Mr. Conway reconfirmed that no consideration was offered whatsoever to review the TES documents and that Mr. NeJame's act was that of compassion for the grandparents, with no consideration of anything in return.

The defense attorneys should have simply done a modicum of work or expended the most minimal effort by checking their facts and calling Mr. Conway, rather than filing deceptive, untruthful, irrelevant and outlandish pleadings. Mr. Conway is an ethical, respected member of the Bar and is well aware of the truth and the facts surrounding this specious allegation contained in Defendant's pleadings and confirms them to be untrue.
This latest claim by the defense placed Conway in an untenable situation in regards to his clients. NeJame is clearly stating that their attorney has verified his position.
Brad Conway's letter of resignation:
WESH published a copy of Conway's resigation letter:

With regret I am forced to resign as George and Cindy Anthonys attorney. The defense motion filed on August 9, 2010 contains allegations that are not in fact true. As an officer of the court I cannot stand idly by knowing allegations involving me have been misstated. I am now a witness to an inaccurate legal pleading filed in our court system. As such, I cannot continue in good conscience as a legal representative. George and Cindy Anthony have done nothing improper, it is the failure of the defense to verify the facts alleged in their motion that forces my withdrawal. I will continue to support the Anthonys, will continue to attend hearings and the eventual trial and most importantly I will continue to search for the full truth regarding the killing of Caylee Marie Anthony.

Bradley A. Conway, Esq. Law Office of Bradley A. Conway 189 S. Orange Ave. Suite 1850 Orlando, Fl. Office: 407-246-0803 Fax: 407-386-3114

Notice that Conway doesn't put any of the blame on Georg and Cindy Anthony. He puts it all squarely on Baez, as well he should. The defense did not verify their facts and he joins with NeJame in indicating that that is the issue at hand.

Conway couldn't say anything else without breaching his attorney-client privilege. However, one has to wonder if he was ticked off at being the conduit for information between the Anthony's and Mark NeJame. See Baez' Exhibit C.

I have a feeling he's felt like the monkey-in-the-middle for a long time. Now, he has jumped out of the middle and steered himself closer to Mark NeJame in regards to the waiver of immunity.

This morning, Brad Conway appeared on The Today Show. Here is the video:

As for Jose Baez, InSession broadcast a response from him this morning. Host Vinnie Politan quoted Baez as saying:

Brad Conway sat in my office with me and Andrea Lyon and told us that the only way he could view the documents was if George and Cindy signed a waiver.

I'm not really sure if that answers the question, we'll have to watch the news coming out. Stay tuned here for updates!

The obvious question is, what happens next? Will there be a TES hearing with the laywers duking it out as to who is telling the truth? Will Judge Belvin Perry simply rule in chambers on the merits of the motion? Will he call all the attorneys into chambers for a "Come to Jesus" talk? Will their be charges to the Florida Bar?

So many questions! Your guess is as good as mine!

WESH

Casey Anthony Hearing, December 11, 2009

It seems like yesterday that we heard that the bones of a small child had just been found on Suburban Dr., just around the corner and down the road a bit from the Anthony family home. Deep in their hearts, people knew it was Caylee Marie Anthony.

It's been a year now, and to mark this sad anniversary, I dedicate this hearing review to her memory.

It's all about finding justice for this little Angel.

It seems ironic that one of the most explosive and emotional hearing took place on this same date, one year later. It was a hearing where the State laid out a graphic description of a possible scenario for her death and her mother showed some very strong emotions.

The hearing began with the issue of Dominic Casey's upcoming deposition. Casey had filed a Motion To Strike Notice Of Deposition And Motion For Protective Order. In the motion, the key element to the case was:

3. That there is no area of inquiry of Mr. Casey that would not be privileged (see attached privilege log filed in Gonzalez civil case dealing with the same issues). 7. The only arguable areas that have had a partial waiver of confidentiality are the areas of inquiry by law enforcement of Mr. Casey having looked in the area of where the body was ultimately found in the months prior to it being found. This transcript reveals that there was no incriminating or relevant information relating to the prosecution of Casey Anthony revealed during this interview, nor was any intended.

In an interview on InSession prior to the hearing, the Anthony family attorney Brad Conway said that he had spoken to Assistant State's Attorney Linda Drane Burdick As a result of this discussion, he didn't think that neither he nor Cindy and George would have to testify in the matter. He added that since he, as an attorney, had not hired Mr. Casey, the Anthonys, as private citizens would generally not have an expectation of privilege in the relationship. He said that Mr. Casey had agreed to do the deposition and go through it question by question regarding "privilege".

Once in court, Casey's attorney, Diana Tennis essentially argued to Judge Stan Strickland that Dominic Casey was not on the witness list and therefore not able to be deposed. She also indicated that Casey did not want "any more involvement in this case than is required by the court..."

Linda Drane Burdick had apparently filed a response which dealt with privilege versus the information provided by Ms. Tennis. In order for the State to question Mr. Casey, they would have to issue an investigative subpoena. If Jose Baez wanted to be present at an interview of such nature, he would have to add him to his witness list.

One thing that I noticed was that Ms. Tennis kept discussing the Anthonys waiving their "privilege" and Linda Drane Burdick also mentioned that they did not have privilege. This seems very confusing since none of the information the State is looking for comes after Casey and Baez parted contractual ways in October, 2008.

In the end, it was decided to issue an investigative subpoena and carry on with the scheduled interview later in the month. Baez indicated he might add Casey to the witness list in order to be present.

Strickland indicated that there "may be more to do about this" in terms of a future deposition.

The next motions up were those concerning the videos:

MOTION TO DESTROY VIDEOS OF FAMILY VISITS
MOTION TO PROHIBIT VIDEOTAPING ATTORNEY VISITS

Andrea Lyon stood and asked the judge how he was feeling today. Strickland replied with a somewhat ironic answer, "just sitting on a rainbow".

She then began her presentation, merging the two motions. She indicated they are not addressing the videos that have been released. She filed a response to the County's response the previous day.

After a faltering beginning, Lyon stated that she would begin with the video taping of attorney client meetings. She gave a detailed description of the classroom where they meet with Casey who would be brought to the room in shackles. She described how Casey would sit with her back to a plate glass window that opens onto a hall where there are two guard stations with views of the room. She indicated that there is a video camera, whose audio, they say, is disabled up on the wall in a corner with a red light on. She said that there was also an intercom in the room and that they can hear it click from time to time.

Because of these obvious indications that the conferences could be overheard, Lyon indicated that they felt uncomfortable when speaking to their client. Since this is a death penalty case and they have to discuss intimate and embarrassing aspects of Casey's life. She said that they are easily observed by the guards and that Casey is a small, shackled person who does not pose a threat to her, a larger person. Lyon said that the camera should be turned off.

Lyon also told the Court that pictures have been released as well as incidents (hugging?) have been reported to the media. Lyon wanted all those videos destroyed.

She pauses and asks if there are any questions. Strickland tells her to move on.

She then moved on to the family and friends' visits. She described the meeting situation, rather inaccurately. She described the meetings as being over a phone (correct) with Plexiglas between the parties (incorrect), with no way below them to pass items (incorrect).

Lyon needs to learn the set up for visits in Orange County Jail! They are done by video and the parties are in separate buildings.

Moving along, Lyon indicated that phone calls can be recorded, but there is no need to keep them once it is determined there is no breach of security, no "escape plans" In this case the tapes get on the Internet and are dissected by voracious media and people and creates legions of prejudice. She went on to say that there is no need for that to happen. If they are not needed for reasons of security, there is no need to keep them.

Lyon moved on to say that the State of Florida is trying to kill her client (warning, she, and now Baez, are throwing around that word quite a bit). She said that Casey needs the support of friends and family. She can't meet with them due to the current situation.

When Lyon said, "Casey has needs for someone to just come and say 'I Love You'," Casey got all "teary-eyed" in her first show of emotion for the day and dabbed at her eyes.

Lyon told the judge that he has jurisdiction to change the rules.

Cindy sniffled...

Lyon told the judge that he could seal the videos so the public has no access to them, he had already sealed one video in the case, he could do that again.

Just a reminder, the video that was sealed was the one of Casey's reaction to the news of the discovery of the skeletal remains of a child not far from her family home.

Lyon told the judge that he can find that the annoyance and embarrassment outweighs the law.

Her conclusion was that the jail should cease taping attorney-client meetings and that family videos should be reviewed. If there were no security issue, they should be destroyed.

One thing Lyon failed to note was that LE can watch the meetings as they are going on. In them, they could find Casey imparting incriminating evidence or other indications of guilt and they could be used against her in a court of law!

Tammy Gaffin, the Orange County attorney spoke for the jail. She pointed out that the jail is well run and one of only 300 accredited jails in the country. The jail is required by law to follow certain procedures for security and risk management. They would be breaking the law if they destroyed videos. She indicated that the public records law in Florida allowed any citizen to file a Freedom of Information Form and receive copies of the videos. Following her presentation, an attorney from the Orlando Sentinel spoke briefly and backed Ms. Gaffin's statements.

To keep this short, the judge stated he will rule on the motion the same day or the following week. It will be interesting to see how he handles the lawyer meetings issue. As for meetings for poor, stressed-out Casey, I doubt the judge will give her any relief on the issue. Quite frankly, if all that happened in these meetings were "Kumbaya Moments", nobody would care to see them. The problem is that the family is full of loose cannons on both sides of the video screen. As for friends, one can only wonder how may "friends" Casey has left to visit her. The last time Casey's pastor came to offer consolation over the discovery of Caylee's remains, she left him cooling his heels and ultimately sent him away.

The next item on the agenda, STATE OF FLORIDA'S MOTION FOR PROTECTIVE ORDER REGARDING RECORDING OF INTERVIEW OF JOE JORDAN was reviewed in my previous article. It was dealt with in rather short order. Drane Burdick explained how the tape came to be made while Mr. Jordan was on the phone with Baez's investigator. She also indicated that Jordan's statement made to her may contradict the what is on the tape. Baez jokingly said he'd like to hear it but wouldn't want Ms. Drane Burdick charged with 13 felonies!

Judge Strickland said that he would grant the motion for now and that it may come up at a later time.

It will be very interesting to follow what happens with the whole Texas Equusearch situation. Thank goodness, that will be left to another hearing which could prove to be a true humdinger, especially if the Roy Kronk mess is dealt with at the same time!

At this point in the hearing, there was a ten minute break. When the hearing resumed, the

MOTION TO DISMISS COUNTS 1,2,4,5,7,8,10, 11, 13 FOR VIOLATION OF DOUBLE JEOPARDY CLAUSE and STATE'S REPLY TO MOTION TO DISMISS COUNTS 1,2,4,5,7,8,10,11,13 FOR VIOLATION OF DOUBLE JEOPARDY CLAUSE were discussed.

Baez stated that the defense positions are clearly outlined in the pleadings. He said that he wants to insure that Ms. Anthony is treated like any other individual. He said he "took issue" that there were 13 counts for writing four checks. He asked if the state can stand up and say they treat everyone that way. He stated that he takes "serious issue" with this issue. An armada of police car came down Hopespring Drive....

Judge Strickland indicated that he had read motion and understands his thoughts

Assistant State's Attorney Frank George, the lead attorney in the fraud case, stated that they also rely on the motions to speak for themselves, wouldn't address Baez's editorial contents.

Judge Strickland said he would decide Friday or early next week. He did indicate that this case would be resolved by trial/plea before the capital case. He stated that he will treat Casey like everybody else, but this charging situation is not unusual.

The judge indicated that since Casey has no priors, and since they were felonies, she could, if found guilty, get some jail time with concurrent sentences.

I think we all pretty much know what will happen some time this coming week on this one. There was an also not-so-subtle indication to the defense that this trial will not be continued!

Finally, the blockbuster part of the hearing came when the defendant's MOTION TO PRECLUDE THE DEATH PENALTY PROCEDURES.

Death-penalty attorney Andrea Lyon addressed the court for approximately 40 minutes. I will provide as brief summary as possible of what she discussed before the court.

Lyon first addressed the issue of "bad faith" mentioned in her motion. She stated that the reason State had asked for death penalty is that they want to get as biased, conviction-prone jury as possible. She said that the State's case is based on the presumption that since Casey didn't report daughter missing, she killed her. She indicated that a death-qualified jury is more conviction-prone and that she would discuss it later.

She went on to say that the death penalty was not appropriate because State removed it on December 5, 2008 because they didn't have a strong enough case to pursue it. She continued on to say that after the remains were found, that the State's case was even weaker because the autopsy provided no proof of how the Caylee Anthony died.

Lyon went on to mention such factors as the fact that this is a 100% circumstantial case and that there was a lack of good faith on the part of the prosecution (nothing personal). She indicated that the prosecution gets to decide what to charge, the defense has no say. However, this ability is not unfettered. She cited that there is an impermissible motive: that a death penalty here is being used is to coerce a plea. She stated that in this case there is insufficient evidence to establish 1st degree/capital murder. The defense can't prove premeditated design or that the death occurred during the commission of a felony. She said that the State had no way to prove method of death. She also said that there was no such proof in the 10,000 plus pages of discovery.

Lyon continued her arguments by stating that there were insufficient aggravating circumstances to bolster the charge. She listed all those that could not conceivably apply. Among them were that the murder was heinous, atrocious, or cruel. She stated that the State had not "deigned" to tell the court what they were. She said that the State could not prove that there was suffering or unnecessary pain.

Lyon indicated that there was no proof of cruelty or torture. The State could not say if the victim have knowledge of her impending death.

The only circumstance that the State could prove was that the victim was a child under the age of 12. (One is the magic number in a death penalty case, the State needs only to prove one aggravating circumstance.) She repeated that the prosecution cannot establish that the crime was cold, calculated, or premeditated. She continued by stating that the prosecution cannot prove Ms. Anthony committed another felony in the process of the murder, that of aggravated child abuse.

Lyon then said that EVERY witness the police talked to saw any proof of abuse and that Casey was a good mother who loved her daughter.

During Lyon's statements, Casey was continually sniffling.

Lyon went on to discuss the one aggravating factor that the State can possible have, that the victim was under the age of 12.

That the victim was vulnerable due to age and under authority of another, she asserted, has only been used in the cases of the elderly.

Orlando Sentinel


She also said that the under 12 aggravating factor is not offender related, it doesn't show that age is a factor. It only requires a birth certificate and that it has been ruled that a birth certificate alone is not enough to prove vulnerability.

Lyon didn't think this would pass Constitutional muster because it only applies to state of the victim and has nothing to do with the offender.

Intermixed with her arguments, Ms. Lyon mentioned that the death penalty was reserved for the "worst of the worst" criminals. She formed a pyramid at with the "worst of the worst" of murderers at the very apex. One case she cited was that of a child beaten to death by her mother with a baseball bat. The pain the child felt would have been the aggravating factor. She pointed out that in this case and in others, the State did not ask for the death penalty.

What happened next is that Ms. Lyon went on to give a lecture to the judge about various sociological studies concerning death-penalty qualified juries. To sum up her major point, she said that death penalty juries tend to be homogeneous, with all members of a single mind concerning the death penalty. Mixed, non-death penalty juries talk more about the case in their deliberations. According to these studies, mock death penalty juries made mistakes and non-death penalty juries didn't.

Since that was true, based on all the studies she mentioned, she felt it meant that the State shouldn't impanel a "politically homogenious death-penalty qualified jury" because it would be unfair to her client. It was a rather ingenious argument.

Personally, I felt that her long lecture to the judge was more appropriate for the Supreme Court.

Finally, Judge Strickland interjected that even while her comments "resonated with him" , this had "been done". Later on, he indicated here that she was "reinventing the wheel".

State's Attorney Jeff Ashton began his argument next.

He began by stating that the defense had been "arguing their opinion, not the law". He then stated that in the State of Florida, all Grand Jury 1st degree indictments automatically includes the death penalty. He essentially stated that it was not up to the prosecution to make the decision, it was up to to jury, should a guilty verdict be reached. All they can do is to decide to let the jury decide. He also stated that the prosecution believed that the discovery of the remains had provided information that had given the State a stronger case. It is also noted that aggravating factors cannot be determined prior to trial.

Then, Ashton made the comment that of course, Ms. Anthony is presumed innocent, he went on to give the following "summation" of his case if she was deemed guilty. It was brilliant, and it was moving.

Caylee was almost three when she died, with duct tape over her nose and her mouth. Any child of that age should have had the physical ability to remove the duct tape covering her airway and preventing her from breathing. And the evidence in this case would indicate that Caylee was, if not average, above average in that regard.

A juror might conclude, then, that she must have been restrained, either chemically or physically.
If chemically restrained, her killer prepared some substance in advance that would render her physically unable to resist, administered the substance, awaited its effect, and then methodically applied three pieces of duct tape to completely cut off the flow of air to her mouth or her nose and let nature take its course. At least, Caylee wouldn't have had any fear.

How would jurors apply those facts to the law the court would give them?
If she was physically restrained, her killer would have had to restrain her arms by some means, applying tape while she was conscious. As the killer looked into her face, maybe her killer even saw her eyes as the tape was applied, first one piece, then two, then three, so that no breath was possible. Could Caylee have understood what was happening to her? Did she try to resist? Could her killer see the fear in her eyes as the tape was applied?

These are questions only the jurors will be able to answer in this case.

One thing we do know is this: if we have gotten to this stage, those same jurors have already decided that the face that Caylee Anthony saw in those final moments of her life was her mother’s face. Anyone who contends that no juror could find that these conclusions call for a sentence of death is only fooling themselves. Thank you.

Needless to say, this speech had a profound effect on those listening. Cindy Anthony bolted from the courtroom followed by George and some of their supporters. Casey could be heard over the microphone asking her attorney to "make him stop." Casey also had a very visual reaction and Andrea Lyon spent a great deal of this time holding onto her arm. I won't even fathom a guess as to what her expressions mean, I'll just post some pictures here.



Orlando Sentinel





Andrea Lyon spoke briefly at the end and made it a point to say that she appreciated the fact that Ashton had reminded "whoever was listening" that Casey is presumed innocent. She also stated that there was no evidence that the duct tape had anything to do with her death. She went on to speak a bit more and reminded the judge that he could rule for the defense in this case.
The experts have already opined that this motion has no chance of being granted, but we will have to wait and see.
The hearing ended with Judge Strickland saying that he had heard some good lawyering today and that they have a date of January 25 at 10:00 AM for fraud trial. The jury selection process will begin next week.

For those of you who haven't had the opportunity to view the hearing, I'm posting it here. There's no way I can tell you everything that happened or you would be reading a far longer post!

RAW HEARING: 1. Part 1 Part 2 Part 3 Part 4

The death penalty section begins in part 3 and continues throughout part 4. Mr. Ashton's comments begin at approximately 17 minutes into part 4.

Casey Anthony's Defense Team: Slinging the Mud at Roy Kronk

I've been following this case for so long, that I was really enjoying the brief hiatus in press coverage and motion-filing. With some free time, I've been able to do some Christmas shopping and sewing. I've also been reading up and getting ready for the hearing on December 11 for the fraud case against Casey Anthony. Thanks to Bill Sheaffer's new blog for WFTV, I've learned a great deal about both the fraud trial and the criminal trial. I consider it a "must read."

This past week, articles kept cropping up about the fact that the deposition of Roy Kronk, the meter reader who discovered the remains of Caylee Marie Anthony would be taking place on Thursday, November 19. Then, on Wednesday, the day before the deposition, curious articles appeared in the local media.

WESH's headline read:
Anthonys Say They Only Want Truth From Kronk

The article stated that:

He is the man who brought the search for Caylee to a close last December. Sources said the defense for Caylee's mother, Casey Anthony, has done a lot of digging, asking a lot of questions about Kronk's past.

Brad Conway is the messenger here:

The Anthonys' attorney said Kronk's personal life and the circumstances of discovering the remains are different things. George and Cindy Anthony's attorney said all they want is the truth from Kronk and not dirt about his past.

"They have been vilified unfairly. They know what it's like to be under a microscope unfairly and they don't want that to happen to someone who found their granddaughter," attorney Brad Conway said.
I was taken aback to read this. I recalled the interviews LE had with Cindy and George and how they were always trying to feed the authorities tidbits about Casey's friends. Jesse Grund, Amy Huizenga, Tony Lazarro, and Ricardo Morales all became suspicious collaborators in some grand scheme to frame their daughter for the murder of little Caylee. In recently released e-mails between Cindy Anthony and Dominic Casey, there were mentions of digging up dirt on Jesse Grund's father, the Rev. Richard Grund in terms of pornography and other evil doings.

Well, yesterday evening, I had my answer to the question of why these articles sent off an alert in my brain. The headlines read as follows:

From WKMG:
New Anthony Defense Team Member Seen
P.I. Looking Into Past Of Man Who Found Caylee's Remains

The man who found the remains of Caylee Anthony was deposed on Thursday by Casey Anthony's defense team, which has added a private investigator to its lineup....

A new member of the defense team was seen entering the courtroom on Thursday. Mort Smith is a Chicago-based private investigator who teaches at DePaul University, the same school where fellow defense team member Andrea Lyon teaches. Smith has been digging into Kronk's personal life for the past several months in an effort to uncover information that might discredit the former meter reader, or at least cast doubt on his story of how he found Caylee.

WESH
Anthony Motion Wants Kronk Treated As Suspect
Defense: Roy Kronk 'Ignored' As Suspect In Caylee's Death

CFNews13
Defense Says Kronk May Have Killed Caylee

WKMG
Motion: Kronk Could Have Killed Caylee

Apparently, Mr. Smith has visited Kronk's ex-wives, child, ex-girlfriend and has come up with the requisite amount of dirt and the Baez Law Firm and Andrea Lyon want Judge Strickland to allow them to throw it at Mr. Kronk at trial.

Now I am understanding the ominous foreshadowing of the Anthony family statement! It surely fits in with what the defense is trying to do. They want reasonable doubt. They have now decided that Mr. Kronk will be the next person to be thrown under the proverbial bus.
Late this evening, the Orlando Sentinel published a statement from Roy Kronk's attorney:
Following is the complete and unedited statement issued by Roy Kronk's attorney, David Evans, about allegations made by Casey Anthony's defense team. The statement was e-mailed shortly before 6:30 p.m. Thursday:

Today, the Casey Anthony defense team commenced, but did not complete, the deposition of Roy Kronk in the State v. Casey Anthony case. Shortly after adjourning the deposition, the Anthony defense team filed a Motion, Memorandum of Law, and accompanying materials suggesting that Roy Kronk, the individual who found Caylee Anthony's remains and repeatedly reported his find to law enforcement agencies, should be considered a suspect in the murder of Caylee Anthony.

Mr. Kronk is a witness, not a suspect. He voluntarily appeared today and truthfully responded to all questions asked by Anthony's attorney. He has cooperated fully with law enforcement from Day One. He has nothing to hide, and has hidden nothing.

It is the nature of criminal defense to attempt to find someone to blame for a crime other than the person charged. Mr. Kronk has understood from the beginning that the defense might attempt to cast suspicions in his direction--because that's what defense attorneys do. In their zeal to defend Casey Anthony, defense counsel has filed papers with the Court that are filled with allegations that have no basis in fact and falsely accuse Mr. Kronk of various types of bad behavior.

The State will respond to these papers in due course in the criminal proceedings. As for Mr. Kronk, he vehemently denies the allegations against him and is confident that he will be vindicated. In the meantime, as he stated early on in this case, no good deed goes unpunished.

David Evans,

Attorney for Roy Kronk
The motion and memorandum of law have been posted by Fox35, however, it is very blurry and I can't read it properly. I am hoping to have all the material together to read sometime tomorrow.

Motion
Memorandum of Law

In the meantime, please read the latest entry at THE HINKY METER. It's a fairly hilarious version of how Roy Kronk could be the culprit in this case.

Casey Anthony: Hearing Tomorrow, Judge Seals Video

UPDATE!

It was just announced in the Orlando Sentinel that Casey Anthony will not attend the hearing tomorrow.

Judge Stan Strickland ruled yesterday that the jail video of Casey Anthony will be sealed. In his ruling, Strickland said, "While the Court is loathe to shield any public record, an argument can certainly be made that the contents of the video are highly inflammatory."

While this is a victory for the defense, I hope Jose Baez realizes that this decision came as a double-edged sword. When Strickland writes that "... it is not unreasonable to assume that many persons in the potential jury pool might view this video and develop a "hardened" attitude in reference to the defendant's guilt," he is clearly stating that when he viewed the video, it seemed to make Casey appear guilty.

In part 3, the judge also states that, "It is at least a possibility that the video in question will never be shown to the jury that decides this matter. While that can be said of other items disclosed as well, no other item comes to mind that would carry a similar inflammatory impact."

While I would love to see the video, I've read enough depositions and interviews of jail employees to have a pretty good idea as to what is in it. Obviously, Strickland saw some pretty incriminating behavior in the video. The wording he used is extremely strong and is very damning to the defense.

I must also add that I am relieved there was no additional hearing on the issue. I don't know how much more I could have taken of Todd Macaluso thundering on and on about how poor Casey had suffered from "cruel" treatment at the hands of the jail employees.

Perhaps Baez can now drop his efforts at deposing the jail employees and start deposing witnesses in the criminal trial.

It has also been announced that Judge Strickland will hold a hearing tomorrow on Brad Conway's motion to seal the autopsy report. While citing no legal precedent, Conway, on behalf of George and Cindy Anthony tells the judge:

The information contained within the report will cause great anguish to the Anthony family, still struggling with the loss of their only granddaughter. (4)

Releasing the autopsy report to the media at this point in time causes endless comment and speculation in the media and public forums, such as the internet. The publication of these results has already been the topic of countless television programs despite the fact that the actual autopsy report has not been released. (6)

I'll again state that I'm no legal expert, but those seem to be pretty thin arguments for keeping what are normally public records under seal. It will be interesting, however, to hear how Mr. Conway argues this to the Court. Since Jose Baez is not party to the motion, I also wonder if he and Casey will be in attendance at the hearing.

See you all at the hearing tomorrow!

Article
Video (WFTV's Bill Sheaffer's commentary on Judge Strickland's ruling.)

UPDATE: : June 19, 2009
In a hearing this morning Judge Strickland ruled that the autopsy report will be released to the public. It's already up on several media web sites. Sprocket.

The Case Against Casey Anthony: Hearing Postponed

After waiting for more than 45 minutes for today's hearing concerning the depositions, Morgan&Morgan attorney Keith Mitnick addressed Judge Rodriguez. Apparently, George and Cindy Anthony's attorney, Bradley Conway threw his back out and had to cancel.

At this point, Mitnick will have to wait his turn to find a new date. Trials & Tribulations will be checking back and will let you know when a new date is set.

April is a cruel month for the entire Anthony family

There is a new slew of documents to be released tomorrow (or later today, depending on your time zone) and we who are ardently following the Casey Anthony case in the murder of her toddler daughter, Caylee Marie, are waiting to see what new information will be divulged. Those of us who read and analyze every document and every transcript are hoping these documents will reveal the "smoking gun" that will knock down whatever the defense may invent.

While waiting, I've been thinking about this past month. It was a very busy month with the press following the story's every twist and turn.

The last I reported, George and Cindy had completed their deposition "performances" for the cameras. Now, the proverbial "other shoe" has been dropped and they may be kicked in their financial butt.

Morgan and Morgan has filed a pair of motions to compel George and Cindy Anthony to answer those questions they refused to answer. Cindy's came first and received the most press. In reality, the motion only addresses one question that she did not answer. She was asked if her daughter, Casey, had ever used her credit cards without her permission.

Mrs. Anthony refused to answer in more-than-so-many-words. She claimed the question wasn't "relevant" and finally refused to answer, in spite of her attorney, Brad Conway's attempts to advise her.

Mr. Conway obviously knew that it was a question that she should answer, in spite of his protestations that it was an "ongoing investigation" and stated for her that, "My client does not want to answer that because it's going to affect her daughter's ability to get a fair trial on pending criminal charges."

Read the motion

The motion to compel George Anthony included more questions. In his case, one has to wonder why he refused to answer some of them when he had already supplied the answers while giving information to the FBI in his interviews. In some cases, the information he refused to give was given during TV interviews. Is it possible he wasn't forthcoming in those TV interviews?

Here is a list of questions he is being asked to answer:

"Were there incidences in the year leading up to the disappearance where your daughter had taken money, to your knowledge, that didn't belong to her?"

George refused to answer. In his interview with the FBI, he mentioned how Casey cleaned out Caylee's bank account and piggy bank. He also mentioned that she stole money from other places, such as her mother's purse.

There are a series of questions about Dominic Casey:

When asked if Cindy and George were paying his bill, Brad Conway asserted that it was privileged because it was work-product. When asked, "work product?" Conway stated that it was attorney-client. Gee... did you know that either of the Anthonys was a lawyer?

When asked about leads as to the location of Caylee's remains, George claimed to have heard nothing from Mr. Casey. He supposed the lead came from a psychic.

When asked about his search for the "real" Zenaida, Mr. Conway became very testy. He stated for his client that, "... it had everything to do with the fact that they were being investigated by the sheriff's office. There were obstruction of justice charges being thrown around."

Mr. Morgan replied, "That doesn't work."

When George was asked about the gas-can incident, he again refused to discuss it.

He also refused to answer why he told LE that he had a feeling his daughter hadn't been working for the past two years.

Finally, George refused to discuss the whole "pool ladder" incident.

Read the motion

It will be interesting to see what Judge Rodrigues will decide. The hearing is set for May 21.

One thing is for sure. If Judge Rodrigues orders them to answer any or all these questions, the Anthonys will probably have to pay the costs. All the judge has to do is read the provided transcripts or view the pertinent sections of the depositions to know that George and Cindy came in with very bad attitudes and made a disgrace of the legal proceedings.

On April 13, things went from bad to worse for Ms. Casey when the State filed a Notice of Intent to seek the death penalty. Jose Baez went on record saying that there were Forces Out To Get Casey Anthony. He further went on to give an exclusive interview with WESH to discuss the case. Being sweeps time, WESH spread that interview out for over a week!

I'm not sure what Baez was up to with the interview, but I've always heard him say that Casey has A COMPELLING REASON for all of this problem, and we'll have to wait to hear it at trial!

Meanwhile, we are able to consider Mr. Baez's words of wisdom as featured on WESH.

While Mr. Baez was dealing with the press and the death penalty, Casey's parents were on a rather pathetic press tour. Originally scheduled to appear on Oprah Winfry in May, the Anthonys decided to start their press tour with the 3rd rated morning program, the "Early Show." Oprah cancelled, Cindy says she cancelled, for INTEGRITY? Who really knows, but their performance on the "Early Show" was quite different from their appearance in the Morgan&Morgan depositions!

Finally, cruel April found Jose Baez making yet another motion to obtain extensive phone records from a "few" people involved in the case. Read the motion for the exact details of what records he wants, I have problems putting numbers in my pre-paid cell phone! So far, three of those mentioned in the motion have filed objections due to the unlimited nature of the records being requested. I'll be writing more about this motion and any new ones prior to the re-scheduled hearing on May 28 at 10 a.m.

George and Cindy Anthony: Beyond Denial

Those who have followed the disappearance and murder of Caylee Anthony have been forced to focus attention on the slain toddler’s grandparents. At first, most people thought they were in denial. They couldn't believe that their daughter may have murdered their granddaughter. Both Cindy and George obviously loved Caylee very much. They also love their daughter, Casey, although reports from family and friends point to difficult relationships within the family.

In my coverage of the case, I have tried to refrain from comment about their unusual behavior. I chalked it up to denial, deep denial as did many. I allowed that, in their overwhelming grief, they were lashing out in all directions. I made it my focus to report on the legal proceedings which, at the present time, seem to be leading to a murder trial for Caylee’s mother, Casey.

In this labyrinth of a case, we have had a lot of distractions from this central focus. We’ve had the "Todd Black" distractions. We have had Casey’s lawyer, Jose Baez, investigated for possible shady dealings in the entertainment field to fund the defense. Private investigators Dominic Casey and James Hoover investigated the site of Caylee’s remains, supposedly led there by a psychic whose "dream" led them there. There is the meter reader, Roy Kronk. There has been talk of a "dream team" of lawyers and expert witnesses who have flocked to defend the alleged murderer. There is the undercover sting by ex-boyfriend Tony Lazzaro to ferret out information from Casey’s brother Lee. In the past week, we have seen the judge on the case and private investigator Dominic Casey file charges against Baez with the Florida Bar. It’s been a three-ring circus with an extensive side-show thrown in.

Most of all, we have had George and Cindy Anthony.

From the very beginning, Cindy Anthony took the offensive and blasted the media, law enforcement, and the public at large for not doing whatever she deemed necessary to find her granddaughter. Almost immediately, Cindy started to shovel blame for Caylee’s disappearance on Casey’s friends, most noticeably Jesse Grund, Ricardo Morales, and Amy Huizenga. She appeared everywhere on the media to plead for people to search for a living Caylee and at the same time put every roadblock she could on the efforts of TES to search for her granddaughter.

At first, George Anthony stayed in the background and allowed Cindy to rant and rave. As time went by, his temper flared and we caught sight of his tantrums. I clearly understand that he has been anguished about having to testify against his daughter to the grand jury.

However, in many ways, the Anthony’s have only themselves to blame for a good deal of the negative attention they have garnered. While they were begging the press to publicize the picture of there missing grandchild, they were antagonizing everyone at the same time. By denying the possibility Caylee might be dead, they were denying searchers the opportunity to find her remains in a respectful manner. They avoided the possibility that their own daughter could possibly be responsible. At one point, Cindy exclaimed that her daughter, when it was all over, would be called the "Mother of the Year."

Here are a few video links which demonstrate the manner in which George and Cindy dealt with the media and the public to push their agenda forward:

Cindy on Geraldo, July 19
Fox Interview with Cindy, July 21
Cindy on Greta, July 21, 2008
George’s Stinky Pizza Recipe, about August 3, 2008 (after seeing Casey in jail)
Cindy Anthony lashes out at the press, August 29
George Anthony Freaks Out: August 29

Indeed, they were under tremendous stress. Casey was home on bond that was posted by Leonard Padilla and they were constantly confronted by protesters in front of their property. However, instead of staying inside and allowing the police to handle disturbances, they still felt that they had to personally confront those people.

Once Casey was returned to jail on October 14, without bond on murder charges, the protesters left and George and Cindy were afforded a blessed peace and quiet at their home. However, they did not did not stop their continuing efforts to paint their daughter in a positive light and cast aspersions on those they attempted to blame for the crime. Every time there was a release of documents under the very liberal Florida Sunshine Law, it seemed there was another "sighting" of a live Caylee somewhere in the country. Most famous is the picture in an Orlando Mall of a little girl playing in a children’s area. In December, George and Cindy made a trip to California, ostensibly to personally check on a live-Caylee sighting tip. While they were there, they decided to plead their case on Larry King Live.

Here is a link to the first part which will lead you to the remainder if you have a desire to watch the entire program: Part 1

Caylee Marie Anthony’s remains were discovered the next morning, December 11, 2008. Nothing much was heard of from the family until George’s "suicide attempt" on January 23, 2009. He was hospitalized and eventually released for follow-up care near his home in Orlando.

Fast-forward to Thursday, April 9, 2009. After having delayed the depositions in the suit and counter-suit for defamation between Zenaida Gonzales due to George’s fragile emotional state and the fact that George and Cindy were seriously grieving the loss of their granddaughter, the couple appeared for depositions at the Morgan&Morgan law firm, accompanied by their attorney, Bradley Conway.

What followed will go down in legend as examples of how not to behave at a deposition. George Anthony, emotionally fragile, was ready to do battle with attorney Keith Mitnik. He argued, refused to answer key questions, and accused Mr. Mitnik of "flipping the bird" at him whilst pushing his glasses up on his nose. He too terrible offense at the term "remains" being used to describe the scattered bones of his granddaughter. Personally, I have used the term "remains" frequently in my posts. One can’t say "body," nor would one want to say "carcass," indicating bones. Unfortunately, "remains" is the most civilized way to describe what was left of little Caylee after the ravages of months in the Florida heat and torrential rains which flooded the area where she was found. One positive aspect of George’s testimony was that he totally abandoned the "stinky pizza" defense and repeated the facts as he told them to LE. He admitted it was the odor of death in the trunk of his daughter’s car.

Cindy behaved just as badly, if not worse. She chomped on her gum throughout the deposition and flounced around in her chair as she disparaged and insulted the attorney questioning her. She was so totally uncivilized and rude that, just watching the video, I am amazed how well the attorneys kept their wits about them and attempted to treat her with more kindness than she deserved.

At this point, both George and Cindy need a great deal of help. They have moved way beyond denial. They are out to prove someone else's son or daughter has done what they refuse to believe their own child has done. They are playing verbal games and positioning their testimony somewhere between fact and outright perjury. Most of all, they are trying to help Casey.

The best way that George and Cindy Anthony can help their daughter is to get some serious counseling and listen to the professional lawyer who has volunteered his time to help them through the ordeal. There is no way that I can believe Bradley Conway advised his clients to behave the way they did at the depositions. What they did there was exactly the opposite of helping their daughter. Instead, they left the impression that they had things to hide. By refusing to answer with a quick yes or no or giving short, succinct answers to questions, they drew attention to their outlandishness. By attacking the Morgan&Morgan attorneys and by acting in a smug, demeaning, and childish manner, they showed a contempt for this legal process. If they take the stand in the trial and attempt the same kind of behavior, they will not impress any jury as "grieving grandparents." Instead, they will be seen as contemptuous of the law. This will also not help Casey. If Casey Anthony is innocent, as she claims, the truth, and only the truth, will gain her an acquittal.

Depositions

Casey Anthony: March 12 Pre-Trial Hearing, Score: Conway 1/2, Baez 0

The title of this article may be a bit flippant, but after today, it's appropriate! One motion was granted, sort of, and two were essentially declared moot. One defense motion was denied.

The hearing began at 3:05 PM. In attendance were George and Cindy Anthony sitting behind their daughter in her support. Jose Baez and Linda Kenney Baden representing Casey Anthony sat with their client, Casey Anthony who fidgeted with various items of her clothing throughout the proceedings. Bradley Conway was there to represent George Anthony. Judge Stan Strickland presided over the hearing.

Bradley Conway began the proceeding by discussing his Motion To Restrict Disclosure. Conway basically explained that the information did not have evidential value and would only embarrass and annoy the family. He also made a point of stating that the police had broken into George's car after he was taken to the hospital following his suicide attempt, thus gaining access to the letter. He also indicated that if, at a future time, the contents of the letter were to be decided to be of evidential value, he would be willing to argue a motion at that time.

State's Assistant Attorney Linda Drane-Burdick indicated that they "didn't have a dog in this fight" and had no opinion on the issue.

Judge Stan Strickland pointed out that the media had not been noticed about the hearing and did not have any representatives present. He granted the motion saying that nothing in the suicide note was relevant to case at this point. He did state the issue could be reopened if the media filed a motion.

Since Jose Baez is a fan of baseball analogies, I'll say the defense team was next at bat. Before he begins his arguments, he asks the judge to not allow the cameraman to zoom-in on Casey's notes this time. The judge stated he wasn't aware of that happening, but assures Baez that they will not do this. I'm wondering if that's the reason we only had a rear-view of the last hearing. Perhaps that was the judge's way of "punishing" the cameraman!

The first motion argued was the Amended Motion To Compel DNA Bench Notes-Reports And Standards. Linda Kenney-Baden told the court that the defense needed all of this information. They needed more than the reports. They needed the bench notes and a whole lot of other stuff I missed because she speaks very, very fast! Suffice it to say, they want it all and they want it NOW! She used a movie analogy. "It's like buying a ticket to a movie but not watching it and saying you saw the movie." Get it?

State's Assistant Attorney Jeffrey Ashton pointed out to the judge that the State had turned over all material they have to the defense. The State does not have the materials the defense is asking for and is not required to provide the materials the defense is asking for.

Then, we got into a discussion we have heard a number of times before. The judges of the State of Florida do not have jurisdiction over Federal entities such as the Oak Ridge Labs and the FBI. If the defense wants this information, Ashton said (possibly for the umpteenth time in this case) that all they have to do is make two phone calls to these entities and ask for it. Then, it is up to those entities to decide what they will give the defense.

Kenney-Baden pointed out that the FBI does not send bench notes to 3rd parties (the defense). The prosecution has to ask for it. She indicated that that the judge could ultimately preclude testimony during trial if the defense wasn't given this information.

Ashton stated that it is not incumbent on him to get this information. He also said he didn't want to be put in a position where he was "in the middle" of the situation between the defense and the Oak Ridge Labs and the FBI. He pointed out that this court's subpoena power ends at the state line. He added that the judge can't order him to get information for the defense. He also said that counsel will get bench notes if they make two phone calls.

Ashton added that after the defense found anything missing after that, he would deal with them. The defense can call him and he'll tell them what he objects to.

Judge Strickland declared that this issue was moot. He pointed out to Kenney-Baden that she hadn't even tried to get the information she wanted. He told her she doesn't have a letter from either of these entities denying her access to it. He also informed the defense that they should do what they can to get the information they want and file another motion later if necessary. At that point, he seemed to indicate that he wouldn't expect the prosecution to get the information unless the defense proved they HAD to get it through them.

The judge said they should wait for the objections (from the prosecution) and see what the FBI and Oak Ridge labs give them.

Kenney-Baden asked, "If the labs say no and (Ashton) objects, do we need to go back to court to discuss the issues?

The judge responded, "yes."

Ashton then indicated that the defense had already received a copy of the DNA parentage report.

Ashton then turned the discussion over to an attorney for Orlando County's Office of the Medical Examiner, Robert Guthrie. He stated he was in the process of gathering all the information asked for by the defense. (I'll spare you the details!) The exception was the material the defense wanted about the Chief Medical Examiner, Dr. Jan Garavaglia's arrangements with Discovery Health and that she may object. In the end, Kenney-Baden stated that she will accept the documents from the ME's office by March 20 and will "go from there"( in the information they want from Dr. Garavaglia).

In the end, there was no decision on this motion. Some items have been resolved and others are bound to come up at a future date!

Next up was a motion originally filed on January 23. It is a Motion For Sanctions. Since this portion of the hearing gave viewers a glimpse as to what the trial may bring, I'm going back to the videotape and give you some detailed information (unless there was a commercial.)

Baez opened with the following statement:

Uh, Judge, from, I guess, uh, prior to us, uh, once we arrived, um, uh, I pretty much laid it out in my thirteen paragraph motion, the facts that gave rise to what we believe, ah, has put us in a position where we are required to ask for sanctions.

I will spare you, dear readers, and myself from anymore transcriptions!

He stated that the State may call some witnesses and that he would prefer to leave his argument until after the testimony is given, with the Judge's permission. If not, he stated he was willing to outline it for the court.

At this point, Drane-Burdick pointed out that this is an evidentiary motion, filed by Mr. Baez, and it is incumbent upon him to produce evidence in support of his motion. If Baez didn't want to do so, she said she would like the court to strike the motion. She also pointed out that she had asked Baez to withdraw the motion as moot.

Drane-Burdick also stated that if he chose to continue, she would be happy to cross-examine any witnesses he would provide.

Baez then stated he would lay out the facts himself. Drane-Burdick objected, stating that if Mr. Baez wants to testify, she will be able to cross-examine him!

Baez agreed to lay out the facts "as they are."

At this point, the judge, slowly and methodically began to explain to Baez that he has brought the motion for sanctions, claiming the State has failed to provide him with information... He thought better of it and calls for a sidebar. It lasted quite a while.

After the sidebar, Baez called his one-and-only witness to the stand. It is CSI2 Gerardo Bloise. Baez tried to make a joke and asked, it's GERARDO, not GERALDO. That one fell flat for many reasons.

The issue in this motion for sanctions is that the defense claimed the white plastic garbage bag that had originally been in the car. By the time Dr. Henry Lee came to examine the car on November 14, the bag and its contents weren't there. Biological and entomological evidence had been sent out to experts David Hall (botanist) and Neil Haskell (entomologist) for study on July 16, the day the bag was taken from the dumpster at Amscot where an employee had thrown it. Neither of these gentlemen were on the State's witness list.

Baez questioned CSI Bloise extensively about his job description and what work he had done to process the car. Blosie stated that it was his job to inspect the car and process the evidence it contained. He did this with his supervisor, Michael Vincent.

Bloise stated he collected some hairs from the trunk and that they were immediately sent to the FBI labs. Baez asks about the nature of the testing done to the hair and Linda Drane-Burdick objected, pointing out that this information has nothing to do with the motion.

This combination of Baez questions and Drane-Burdick objections occurred with many of the questions asked. Many of Baez's questions had nothing to do with the motion.

Baez asked about the garbage bag. Bloise testified the bag wasn't in the car when he received it. He didn't remember when he was told there was garbage in the trunk.

Baez kept asking if anyone ever told him about the bag and Bloise continued saying he didn't remember. Bloise frequently mentioned that the questions that were being asked of him would be better asked of his supervisor, Michael Vincent.

He also asked if Michael Vincent sent out just the bag for testing. He asked if there were any liquids in the bag, was the bag moist, was anything else sent to Dr. Haskell the 28th? Baez refreshed Bloise's memory with Michael Vincent's report. Bloise added that maggots and pupa were sent out.

Bloise also testified that he collected and preserved the garbage. When asked by Baez if he was aware of the evidential value of the garbage, he responded that that was Dr. Haskell's job.

There was yet another objection by Drane-Burdick to limit the questions to the content of the motion.

Moving over a lot of questions here, Baez finally got to Dr. Lee's visit on November 14. Baez stated they were there to inspect the car and its contents. Bloise stated the garbage from the bag was in the evidence section and it was brought over for Dr. Lee to inspect. Bloise also testified that he advised Dr. Lee that the garbage bag was in the Tennessee lab.

Baez then asked about Bloise's notes. Bloise explained that it was SOP to take his notes and write a report from them on his computer and then destroy the notes. Baez went over and over and over this information again and again and again until Drane-Burdick objected.

Baez somehow mentioned that Dr. Lee discovered 17 hairs in the trunk. They were collected by CSI and sent out for testing.

Once he mentioned the 17 hairs, Drane-Burdick objected yet again as to the relevance and Baez was finished with the witness.

Drane-Burdick, in her cross-examination of the witness elicited the fact that Lee was afforded the opportunity to place the car on the lift to further examine it. However, Lee had to catch a plane and didn't get around to doing that. She went on to elicit that that Lee ended the inspection voluntarily. Other facts that came out were that Lee was informed immediatly that the garbage bag was in Tennessee.

Drane-Burdick also asked Bloise when he destroyed his notes. He explained that he routinely destroys his notes once his report is memorialized on the computer.

Baez then questioned Bloise again. The main thrust was that Bloise's report was written 1/1/09. Bloise explained (yet again) that every time he worked on evidence from the case, he would take notes and then write a report on it, destroy his notes. His "report" was actually an accumulation of all his entries made as he worked with evidence. 1/1/09 was the date that his supervisor signed the report.

Somewhere earlier on, Baez had asked Bloise if he took notes during Dr. Lee's examination of the car. Bloise answered that he hadn't. Later in the questioning he asked Bloise where his notes were that he told Dr. Lee the bag was in a lab in Tennessee. Bloise again said he took no notes.

After again telling Bloise he wrote his report 1/1/09 and Bloise again explained the procedures he followed... it was over.

To summarize, Baez stated that he and his team were never informed that material was taken from the car and sent to Haskell and Hall.

I didn't quite follow it at this point, but Baez pulls an A-Rod analogy for Dr. Haskell.

One thing I don't understand about today is that the bag was removed from the car at Amscot and was not in the car when Bloise examined it. Why he was called about this information, which he only learned about later, is beyond me. He essentially processed what he was given, period.

Baez kept repeating that the State failed to disclose this information at the time, in spite of the fact that Bloise testified under oath he told Dr. Lee about the bag and had inspected the garbage retrieved from it. Baez stated that the State should pay for a return visit by Dr. Lee to complete his examination.

Drane-Burdick pointed out that Baez, through his own witness, proved that they were aware of the facts, CSI Bloise had testified that he had informed Lee about the disposition of the questioned evidence and that they were in his own motion! She also pointed out that they had, although they didn't have to, stood there by Dr. Lee and informed him of the status of the investigation.

She also pointed out that, until the defense team and their experts came out to the crime scene where LE was excavating the bones and evidence in December, they hadn't made any effort to review the evidence.

In the end, Judge Strickland denied the motion. He said, "For sanctions, you need misconduct." He also indicated to the defense that discovery is a continuing process and that the defense would get information as it became available to the State.

Okay, loyal readers, if this is a hint at what is to come, it's going to be one tough trial to follow!

The final motion to be discussed today was the Motion to Compel Copies of the Screen Shots or Printouts Concerning the Forensic Examination Done of the Computer of Ricardo Morales which was filed January 23.

I'm just going to summarize this one in as short a manner as possible. There was something the defense felt they didn't have from the computer. Drane-Burdick pointed out that Yuri Melich wrote a report about the computer search and said investigators hadn't found anything of evidential value. The report also indicated that material had been deleted the day it was taken by LE. In the report, it said that the deletions were automatic.

The defense already had the copy of the entire hard drive, but wanted all the notes and reports. Obviously, they don't want to pay an expert of their own to do all the analysis. In the end, it seemed to end up that the prosecution agreed to supply them with something or other.

Unfortunately, I couldn't understand much of what happened because Linda Kenney-Baden was apparently still at the podium and was breathing heavily into the microphone, which drowned out most of the main points of the end of the hearing.

If anybody out there heard something I didn't, please let me know!

Many thanks to Sedonia Sunset for being my fresh set of eyes and helping me to edit.

Casey Anthony: The Motions Continue

Lawyers are due back in court on Thursday, March 12, at 3:30 PM. They will be arguing two defense motions. The first is one filed by Jose Baez on January 23. In it, he requests the information from Ricardo Morales' computer. Read motion here. I'm supposing that at this point, Ricardo is ever so sorry he thought that the "Win her over with chloroform." picture was cool.

In the second motion, the defense asks for DNA information, bench notes, reports, and standards. This lengthy motion was filed on January 28. Read motion here. I originally discussed this motion prior to the January 30 hearing. If you would like to read a summary, check it out here.

Fox35 also reported that an affidavit concerning DNA reports and procedures was also filed by Dr. Larry Kobilinsky, an expert for the defense. This could possibly be related to the previously mentioned defense motion. As of this time, this document has not been made available to the public. If and when it does, I will post a link here.

The third motion to be discussed at the hearing will be one submitted by George and Cindy Anthony's attorney, Bradley Conway, on March 3. The motion asks the judge to not allow the release of the document recovered from Anthony's car following his suicide attempt on January 22.

In the motion, Conway indicates that the release of the document because it contains very personal information intended for nobody other than Mr. Anthony's family. He also states that disclosing this document now would create substantial risk of unnecessary annoyance and embarrassment...

Conway also indicated that the document is related to George Anthony's suicide attempt and used to "Baker Act" him. As such, he believes that this is medical information protected by statute.

Since this is an evidentiary hearing, Casey Anthony will have to attend.

WESH has already announced it will televise the hearing and I would expect other stations to carry it as well.

See you all in court Thursday!

Cindy and George Anthony's lawyer to appear in court today

Update!

The hearing has just concluded. I managed find a feed. Unfortunately, there was a problem with both the sound and the video and I wasn't able to hear Bradley Conway's main arguments. I was also unable to get a continuing feed to hear all of the responses by Keith Mitnik, the attorney for Zenaida Fernandez-Gonzalez.

In fairness to both parties here, I'll just go over the content briefly and give the judge's decision.

The main thrust of the discussion concerning the Anthony's mental condition and their stress levels. Apparently, Conway did not provide medical information as to their fitness to testify at the depositions. Towards the end of the hearing, Mitnik agreed that George, having recently attempted suicide could wait. He stated that Cindy Anthony's deposition was more important and should go on.

In his decision, Judge Rodriguez addressed the admission of media for live broadcast and coverage first. He allowed the media (television, print, etc.) 20 days to go back to their legal departments to have them prepare amicus briefs for the court as to why they should be allowed. He also allowed Conway the same 20 days to prepare medical information concerning how the depositions should be done (allowing for the Anthony's health situations). In addition, the judge ruled out written interrogatories as inappropriate in this situation. So, eventually, the George and Cindy Anthony will have to appear in person.

At that point, Mitnik asked that, if he went out and though about it for an hour, and came back and stated that the Morgan&Morgan premises was private property and he could bar the press from entering, could the judge allow the depositions to go on tomorrow. The judge did not allow for this as he had already stated the media had 20 days to file amicus briefs.

Mitnik then asked if he could schedule new depositions now for a date after the hearings, just in case. The judge allowed for this. This was the one humorous moment in the hearing. Judge Rodriguez directly addressed WFTV reporter Kathi Belich to ask her when sweeps week was! The judge doesn't want there to be any possibility that these depositions could be broadcast live during this particular week!


Yesterday, Bradley Conway, the attorney for Bradley Conway filed a Motion For Protective Order with Judge Jose Rodriguez who is presiding over the civil suit filed by Zenaida-Fernandez Gonzales and counter suit filed by Casey Anthony.

The Anthony's are scheduled to appear at the Morgan law firm tomorrow to give a deposition in the case. According to Conway's motion, the Anthony's were being subject to a circus-like atmosphere since it had been stated that he would invite the media to "watch, video tape and televise the depositions..." In addition, he stated that the motion was "...Intended to annoy, embarrass, oppress and create undo burden on the aforementioned deponents."

To bolster his argument, Conway also cited the fragile emotional condition of George and Cindy. He cites George's recent suicide attempt and the fact that both are seeking professional help in dealing with Caylee's death and the pending charges against Casey.

One item in the motion directly references the effect the deposition could have in the case against Casey Anthony. Conway states, "Mr. Morgan's proclamations create a circus like atmosphere surrounding a legal proceeding that affects not only the lives of the deponents, but may affect the integrity of the criminal case filed by the State of Florida against the Defendant in this case."

Conway also mentions that the Morgan firm could use written interrogatories to spare the Anthony's appearance in person. He also suggests that depositions could be placed under protective order and subsequently be redacted and placed under seal.

Finally, Conway indicates that Casey's attorneys have filed a Motion to Dismiss and is set to be heard in a hearing in May. He recommends that the depositions should be postponed until after that hearing.

What will the judge decide? Stay tuned for an update. As of now, there is no indication as to whether or not the hearing will be live-streamed.

Motion For Protective Order