Showing posts with label Dorothy Sims. Show all posts
Showing posts with label Dorothy Sims. Show all posts

Tuesday, July 5, 2011

Casey Anthony Murder Trial: Verdict Watch Day 2

UPDATE!
NO JUSTICE FOR CAYLEE


Casey Anthony gets to live the "Bella Vita" as a jury acquits her on all counts, with the exception of the four counts of lying to the police.

Her sentencing will be this Thursday, July 7, at 9 AM.


UPDATE: VERDICT TO BE ANNOUNCED AT 2:15!

I'll be keeping a journal of the jury deliberations. To know the latest, check back during the day. I am following Bill Sheaffer live on WFTV.

8:30 AM: Judge Belvin Perry called court to order. He called for the jury and immediately sent them out to deliberate. Jose Baez arrived too late for the brief proceedings. Cheney Mason spoke for the defense. Casey was very animated and spoke with the guards and Dorothy Sims.

1:25 PM The jury didn't ask to see any videos, they had no questions for Judge Perry. But they have a verdict!

Monday, July 4, 2011

Casey Anthony Murder Trial: Day 35 Closing Arguments

Happy 4th of July everyone! For once I am happy that my husband and I never travel on holidays. Our 4th will be the same as always. We have a barbeque for two capped off by a walk around the corner to watch the fireworks that are set off in the park just across the street from us. Ten years ago, we would just watch them over the trees from our back porch, but the trees have grown so much, we walk around the corner for an unobstructed view. Meanwhile, we will get to watch the fireworks in Judge Perry's courtroom as Linda Drane Burdick gives her rebuttal closing. I always remember Bill Sheaffer's comment that she uses a surgical knife to carefully dissect a witness. I expect her to do the same thing today with the defense's closing yesterday. Jury instructions will be read and the members of the jury will have to make one of the most difficult decisions of their lives. Let's hope they sift through all the evidence to come to a just verdict.

Judge Perry entered the courtroom at 8:30 sharp. Both sides had received copies of the final instructions. Mr. Baez wanted to clarify an issue. He was saying that he objected to the state having Ms. Burdick doing the rebuttal. He was of the opinion that it was not done as the court order indicated.

Perry stated that if she went beyond the rebuttal, all he would have to do is object.

Surprisingly, Jeff Ashton began speaking first. They split the rebuttal. Ashton addressed the science. He wanted to take a more measured and complex approach, indicating that Baez used a simplistic version. He said that, in a dispute between experts, it is up to the jurors to decide what they believe from what the experts said. He then isolated the science by subject matter.

The first was the forensic pathology and anthropology. He started by saying they heard from Dr. Garavaglia, Dr. Utz, Dr. Schultz, Dr. Michael Warren, and Dr. Werner Spitz.

All of them agreed that there is nothing in the bones that told us anything about how Caylee died. They also agreed that, because of the way the body decomposes, the mandible and the skull should not be together. They agreed that the skull and mandible were in anatomical position as if there were flesh holding them together.

Drs. Garavaglia, Utz, Shultz, and Warren all agreed that the only thing that could have held them together was the tape. The one who had the most experience, in Sarajevo testified that the only skulls with the mandibles intact were the ones that were duct-taped together.

Dr. Spitz' alternative was that someone else had come along afterwards, took the skull and the mandible someplace else, duct taped them together, and brought them back and put them in the spot they were found. Ashton pointed out that his findings were inconsistent with the fact that the duct tape was as degraded as the body. Then, there was the issue of the hair, Dr. Spitz blamed it on the ME's office faking the evidence.

The other difference of opinion was about the necessity to open the skull. Spitz said that since Dr. Garavaglia didn't, he called the autopsy sloppy. On cross, he could not say where there was any protocol. He finally he admitted there wasn't such a protocol.

Dr. Warren indicated it was not necessary to open a skull unnecessarily. It is not sloppy, it fact, it is dangerous to open the skull with a child, because the skull can fracture. Dr. Spitz said he didn't recall fracturing the skull, and he did.

They disagreed on the issue of "brain dust" or residue. Spitz said he could tell by looking at it, he knew it was and indicated the position the skull had originally rested. Dr. Goldberger did the saline wash and testified that it was not what Spitz said it was. Dr. Spitz had a problem with the arrangement of the hair mass based on this theory. Spitz had said that it was important to know the circumstances surrounding the death. Dr. Spitz didn't know much at all. His fund of information was insufficient to make a decision in the case.

The entomological evidence was next. They heard from Dr. Neil Haskell who had practiced 30 years in the field. They heard about Timothy Huntington, who is a bright young man, but had only been practicing for about three years.

They agreed that the evidence at the scene indicated that the body initially decomposed in some other location where the original flies could not get to her. She was then dumped in the swampy area. They both agreed it took place between June and July.

They only diverged on the single issue. They disagreed as to whether the trunk would have excluded the original colonizing flies. Haskell said it was, Huntington said it wasn't, even though he'd never dealt with a dead body in a trunk in real world conditions. He did one experiment with the pigs to decide. It was up to the jury to decide the credibility of these two experts.

Ashton next addressed the chloroform. The jury needed to understand what they were testing and what their perspective was. Ashton explained that Drs. Vass and Dr. Wise are used to looking at environmental air samples. Based on that experience, Wise said that the amount of chloroform was high. Dr. Vass studied decomposiing bodies and had found chloroform before, but not at those high levels. In addition, Dr. Wise explained why the quantification had no meaning because chloroform is a volatile gas.

Dr. Rickenbach tested a similar sample out of a can, and also the spare tire cover out of the box. He told the jury he actually found chloroform in that. She was surprised he found anthing at all. He found a much greater amount of chloroform in the sealed can. His amounts were equivalent to what Dr. Vass found, parts per million. Rickenbach had only studied liquid chloroform before. He said he found detectible amounts of chloroform in a car. It was the first time they had seen this. The amount of chloroform in the trunk was much less than would have been there a month before. The Anthony's aired out the car. There has been no evidence to explain where it came for and why. (objection/overruled)

Dr. Sigmond tested the trunk air four days after the liner had been removed. His method of capture was not as good as what Dr. Vass had used and he found chloroform in the air. He also testified that, by-products of chloroform formation were not found in the car. There were no constituents of dry cleaner material, for example. All that was found was chloroform and elements of human decomposition.

The expert testimony on the odor of decomposition was next. The defense's primary attack on Dr. Vass was about his "sniffer machine" and, if it were sold in the private sector, he and the other inventors would split 15% of the minimal royalties.

Ashton stressed that Dr. Vass is an unapologetic science geek who loves to solve scientific problems! Counsel sneered at Vass for his dowsing experiments. But, perhaps Dr. Vass is on to something. He urged the jury to judge him not by what the defense said about him, but by what testified to in court.

Dr. Vass and Dr. Furton both agreed that the science has not reached the point where they have a signature for the odor of decomposition. Dr. Furton agreed that the odor was possible human remains. Dr. Vass said that when he combined his science and experience, he recognized the odor of human decomposition when he opened the can.

Ashton said that Dr. Furton's other explanation was not plausible. He showed him the garbage which demonstrated that it was not the cause of the odor in the car.

In Baez’ closing, he accused the officers of removing food items from the garbage. The only food in the bag of was a small remnant of cheese. Dr. Furton agreed that the small amount of cheese could cause the odor that lasted two years. Ashton told the jury that the odor was not from garbage, it was from Caylee.

Ashton went on to say that the he defense presented non-DNA evidence. The FBI expert said she didn't expect to find any on the tape that had been on the body for six months. The defense called Dr. Eikelenboom, who gave his report two days before he testified, said only said that he thought he might be able to find some. He also agreed that the two most destructive things which would destroy DNA were moisture and heat.

The defense called ten other witnesses who testified to non-results which were meaningless.

Ashton then moved on to the hair experts. They said that there was an artifact only found in decomposing bodies. Since they didn’t know what causes it, they could only say what they thought, that it was consistent with a dead person.

To say there is no link between Casey Anthony and the death ignored all this testimony.

Ashton gave his version of reasonable doubt. He went through the defense reasons given by Mason yesterday. First was the duct tape. The defense connected the duct tape to the Anthony home. They agreed with that. If George Anthony had decided, for some reason, to put duct tape on Caylee's face and put her in the woods, the defense asserted that, on the 24th, he deliberately notified police of the theft of the duct tape on it to implicate his daughter. It didn’t make sense.

People don't make accidents look like murder. It's absurd. (objection/sustained)

When Caylee did turn up missing, the defense said that George didn't tell the police about the gas can missing. If he had wanted to implicate his daughter, he would have done it.

The police took the gas can, photographed it, and give it back to him. At that point, George Anthony stuck it in the garage and ignored it for four months. In December, when the body was found by the police, they took it into evidence.

George (the nefarious criminal) then took the incriminating duct tape to hang posters! It didn't make any sense, it was patently absurd. (Baez objected every time Ashton used the word absurd/overruled.)

Ashton then addressed the alleged drowning. George Anthony testified it didn't happen. Ms. Anthony was also given the opportunity to adopt that, and rejected it twice.

Counsel also asserted that the crime scene was staged. Baez said that George was connected to the tape and, in opening statements, the defense said that Kronk had used the tape. Kronk had only read their meter once and had no connection to the house.

Ashton put up a photograph of the site on December 11, 2008. The only thing that staged the scene was Mother Nature herself. There were vines growing around and through everything at the scene. The skull was not moved for six months, possibly less if animals used it.

The defense said that Roy Kronk took the remains. Dr. Schultz showed the grouping of the bones. It demonstrated how the body was disarticulated during decomposition. (objection/overruled) They showed that animals had chewed on the bones. They were not scattered by Roy Kronk, but by animals and acts of nature. Ashton showed other evidence photos to show that the hair and skull hadn't moved much, if at all.

The duct tape in another photograph showed that leaf litter had covered parts of it as it was wrapped around the mandible. It didn't just get washed there by water. It was there because Casey Anthony put it there. When the tape was lifted away from the mandible, there were strings that went under the mandible. It wasn't a coincidence, an accident, or water. It was a deliberate placing of the duct tape over the mouth and nose. The scene was not staged. It appeared as it was due to forces of nature.

The state did not call Roy Kronk because his testimony of what he did was embellished, he spun a good yarn. They didn't put him up because his story was incredible. However, Ashton said that Kronk found the skull in August and tried to report it three times and was blown off by the police. The calls to his son were to impress him to help build the relationship. Kronk told a very dramatic story about the skull rolling out. It wasn't true. It was impossible. But, that didn't make him a morally bankrupt individual who would take Caylee's skull home and play with it.

Ashton explained about the two ways Casey could be found guilty of murder in the 1st degree. There were 1st degree and felony murder.

(Mason objected/misstatement of the law/Ashton was reading from the law/overruled.)

He also explained that the jury could have different opinions on 1st degree murder and reach a unanimous decision.

Ashton told the jury that they can reconstruct the events in any way they want. He then explained felony murder. There were two objections which were overruled. Ashton did a great job of providing the jury with various scenarios related to the case to show felony murder.

Ashton went on to talk about George. The jury saw hours of video tape of the family. He asked if there was anything in them that showed anything but a loving father and grandfather. He was perplexed as to why Casey wouldn't tell him anything. He was supportive of her and Casey called him a good father and a great grandfather. Nothing there showed a cover-up.

Most of Casey's conflict was with her mother. George was the thumb, he was not the Machiavellian monster the defense claimed he was. When Baez asked about the suicide letter, he asked if George felt guilt. Then, Baez said it wasn't a real suicide attempt. Ashton said that all George wanted to be with his granddaughter. This man was in pain. Through his handwriting, you could see the deterioration of his handwriting as the drugs and alcohol took effect. Ashton then read a few lines from the letter to focus the jury on what George was feeling at the time.

Ms. Burdick would speak next after a 15 minute recess.

Baez had a brief issue about the computer searches. It was about the Sci-spot hits and the inconsistencies between Net Analysis and Cacheback. They believed the Cacheback information is erroneous and false. They want the state to clarify this in their rebuttal. Ms. Burdick indicated that Mr. Baez had already put that in front of the jury. Judge Perry said they should provide the appropriate motion at the appropriate time. He can't chase after it.

The jury was returned and Ms. Burdick began her rebuttal.

She went into the advantages and disadvantages to being the last to speak. The advantage was that she was the last to speak before the judge tells the law. The disadvantage was that the jury was ready to deliberate after hearing from lawyers for so many hours. She asked them to indulge her for a few moments to get their final thoughts in. She wouldn't be getting out posters or pyrotechnics, it wasn't her style.

Burdick stated that when she gave her opening, she meant what she said. She made no promises she didn't keep. Through the testimony and exhibits, the state has proven all the charges against Casey Marie Anthony.

Mr. Baez had indicated that the jury would be asked to make decisions on emotion. She said that they would not do that. While it was an emotionally charged case, they would only ask them to make their decision on the testimony of the witnesses and the exhibits. She said that her biggest fear was that common sense would be lost in all the rhetoric of the case. She was fearful that they wouldn’t step back and take the evidence as a whole.

Mr. Baez talked about rabbit holes (objection/sustained). We want you to take the evidence as a whole. Mr. Baez, in his closing remarks used words like liar, perjurer, fraudulent. The trial is supposed to be a search for the truth. It is lying that perverts that process. During an argument, when the biggest liar (Casey Anthony through her attorneys) ever seen in a courtroom lies, the irony is rich indeed. (objection/overruled)

Accusing other people of lying is classic Casey Anthony. When she wanted to get the attention off herself, she lied about others. She had spent years lying. Mr. Baez had argued that the 31 days mean nothing.

Ms. Burdick said that a lie told convincingly, is still a lie. The defendant through counsel accused Yuri Melich, Jason Forgey, Gerardo Bloise, Dr. Vass and many of the witnesses of being liars.

She indicated that the OCSO was desperate in this case. If there was anything the people in the OSCO was desperate about, it was to find a little girl. They labored for hours to find her. They were joined by the FBI, FDLE, TES, citizens in looking for her. It was in vain. Even her parents were searching in vain.

False allegations of child abduction are not new. Such allegations drains resources away from the perpetrator, it buys the perpetrator more time. When Cindy Anthony went to pick her up, Casey Anthony said to her mother was that she wanted one more day. When she told her brother about the kidnaping, it was to buy time and draw attention away from herself.

Baez put of pictures of the sheriff’s deputies at the house that night, saying they took no action about the car. The police that night, had no reason to think Caylee Anthony was dead. The defendant was telling them she was alive and she asked for their help in finding her. The episode of her being handcuffed ended "like that" because they were there to help her find Caylee.

At Universal the three detectives said to her that they wanted to help her find her daughter and asked why she was lying. Casey was buying time, like she had done with her parents, her brother, and her friends.

The 31 days were meaningless? Mr. Baez had said that they went more to prove that the state wanted to prove she was a slut?

Law enforcement was trying to backtrack where she said she was conducting her own investigation. They were using her cell phone to try and track down Zenaida. As they backtracked, it became more and more apparent that the defendant was lying about everything. She asked the jurors to look at her 4 page statement, the only truth was Caylee's birth date.

The defense had stated that everybody grieves differently. It may be true, but responses to guilt are also predictable. What do guilty people do? They lie, they avoid, they run, they mislead their own family and the police. They divert attention from themselves and act like nothing is wrong. What she was doing was in no way indicative of grief. It was not indicative of someone who lost her child in an accident.

Casey said in the jail tapes that this was a time of desperation for her. She had no way to leave the area and she only wanted to stay away from her family. Her friends were easy to placate with lies.
Casey was running away from her family who would want to know where Caylee was. Her actions and responses during those 31 days answer the only question that remains. Who killed Caylee?

The question was no longer where Caylee was. The question was no longer what happened to Caylee. The only question was who killed Caylee. For the longest time, Caylee was alive, until her remains were found.

Casey's imaginary friends were lies. They were lies to for a specific purpose, to get Casey out of a jam. For the longest time, Caylee was alive, until her remains are found.

(Baez asked for sidebar/denied)

Once she was dead, there was a theory that it was and accident. There was no accident. On July 16, 2008, the detectives asked if Caylee could have had an accident (audio of the Universal interview). Mr. Baez suggested that the OCSO had murder on their minds. The jury just heard that suggestion made to Casey and she denied the possibility. Cindy suggested the pool scenario on August 16. (video visitation) When Caylee Anthony was found dead, surprise, surprise, it was an accident.

No one would ever make the accidental death of a child look like murder. Her behavior during the 31 days was inconsistent with an accident. Ms. Burdick went back to Dr. Garavaglia's testimony that parents whose kids have accidents call 911.

The defense brought up the fact that Casey was an amazing mother. Ms. Burdick debunked the idea since the friends had only seen her for short periods of time. Feeding and sheltering and clothing a child do not made a good mother, they make an adequate mother. In fact, however, it was the grandparents who provided for Caylee, not her mother. Burdick said the amazing mother was the one who tried to protect her child, even in death.

If it were an accident, Caylee would have been found floating in a pool, not in a swamp. If George Anthony had been home, he would have called 911, have tried CPR. He never would have scooped her into a bag and thrown her in the woods.

This argument of Casey being an amazing mother could not be followed to any logical conclusion. The way the remains were found showed complete indifference to the child. It showed how the person who disposed of her really felt about her.

She then showed a picture of the yard and spoke of how George Anthony landscaped it for her. He put a floor in the playhouse so Caylee wouldn't have to sit on the ground where and insect could crawl on her. In the jail videos, George tried over and over again to get Casey to talk to law enforcement, the FBI. Why would he want his co-conspirator to talk to the cops?

The phone call that Casey made to her parents July 16, 2008 (objection/overruled) showed the real Casey. (audio)

Ms. Burdick said that when you use your common sense, you will know that Casey Anthony is a pathological liar. In the call, all she wanted was Tony's number and to cuss out her parents.

Casey Anthony was the only one to have access to every piece of evidence: the duct tape, the laundry bag, the blanket, the shorts, the car. There was no evidence that anybody else used that car. She texted Amy Huizenga that her father had run over a dead animal fifteen minutes before leaving it at Amscot. She left the trash bag as a decoy. The car was backed in next to the dumpster, which was another decoy to keep people away from the car.

George Anthony had no way to know where to find her car. They didn't know where she was or where the car was.

Finally, the shirt that said Big Trouble Comes In Small Packages. It wasn't one Cindy Anthony was familiar with, she never washed it. It was kept in the car, in the diaper bag or the backpack. She wore in at Ricardo Morales' apartment.

Someone killed Caylee Anthony. It wasn't George Anthony, he didn't have access to everything, Casey did. He did not try to cover up and lie.

Burdick then threw Casey into the mix concerning leaving the ladder down. Casey was twisting the knife in both her parents’ backs. Cindy and George were at home, at work, and missing their granddaughter. Where was Casey? She wasn't at home. She was at Tony's, but lied to her mother. Where's Caylee? Caylee's dead in the woods.

All the jury had to ask was who's life was better without Caylee? Was Cindy Anthony's life better? (911 call) Was George Anthony's life better? Mr. Ashton told the jury about that. Who's life was better? That's all you have to answer when Caylee Anthony's body was left by the road, dead. There's your answer. (pictures)

Sunday, July 3, 2011

Casey Anthony Murder Trial: Day 34 Closing Arguments

Judge Perry took the bench early at about 8:30. This was the charge conference. Unfortunately, the prosecution did not make a written copy of aggravated manslaughter which they will be going through at 12:00.

The language of various charges was discussed between the parties. Ms. Fryer spoke to them for the defense. Jeff Ashton and Ms. Burdick represented the prosecution.

Judge Perry reminded the attorneys to have a sandwich brought in as they would have to meet through the lunch hour.

In discussing the topics which may or may not be discussed, Judge Perry indicated that the pool pictures would allow the theory of a drowning death. However, when it came to the history of sexual abuse, Jose Baez argued that the fact that Casey began menstruating at age 10. Perry asked if Lee Anthony had ever been asked on the stand about abusing his sister. Baez said no. He also mentioned the hidden pregnancy and that there may have been questions about that type of abuse. He also argued about Casey's promiscuity and the testimony about "compartmentalizing."

Baez even equated this to the allegations of chloroform! If the jury heard about chloroform or duct tape as the means of death, they should also be able to make inferences of abuse.

Jeff Ashton argued against this because innuendo is not argument and there is no evidence that ties Casey's behavior to molestation. Judge Perry said there are no facts in evidence and no reasonable inference that can be made that Lee and George Anthony molested or attempted to molest Casey Anthony. Ashton then pushed that the defense not be allowed to refer to it from their opening statement. Perry said that the only way it could come in if the defense (did he mean state?) opened the door to this. For the jury, if they remember the opening they do, if they don't, they don't.

Finally, Perry read the instruction for the disappearance of Dr. William Rodriguez.

After a five minute break, Baez wanted one clarification on the abuse. He could not mention that, but he could argue family dysfunction.

The jury was brought in and closing arguments began.

Jeff Ashton spoke first. He thanked the jury for the sacrifices that they had made and then started his presentation with the video of Casey playing on the floor with Caylee. He said that it is easy to be a parent sometimes, but that being a parent is not just about playing with your children. It is also about sacrifice. When you have a child, that child becomes your life.

He said that this case is about that clash between sacrificing for a child and Casey wanting to have her own life. It was expected that she would work hard and help support her daughter. Her response was to lie. Casey's solution was to lie and say she had gone back to work. Her parents accepted that and it appeared that was what she was doing.

It was not just that Casey Anthony lies, but the pattern and the reason she lies. When faced with a problem, she changed her lies. When Casey needed to "work" she invented a nanny. The truth was that Caylee was with Casey 24/7. When that was difficult, she changed her job to one where she had to work at night. Cindy was happy to take care of Caylee. Casey could do what she wanted, have Caylee when she wanted, and her mother was happy to take care of Caylee.

When Casey started dating Ricardo Morales, Casey changed her lie to say they spent the night with the nanny when, in reality, they were staying with Ricardo. When Ricardo didn't want a serious relationship, Casey had to come up with a new plan. Then, when Cindy was rebelling about taking care of Caylee, the excuses didn't work any more,.

Her parents were getting suspicious of her. George checked out her job at the Sports Authority, but was told to say out of it. Ashton then mentioned that it was even in his suicide note. He tried for a year and was told to stay out of it (by Cindy).

Ashton pointed out that the only way Casey's lies worked was if Caylee isn't talking. She was starting to talk and Caylee didn't know enough to lie. At some point, Caylee would tell the truth.

Then, Casey met Tony who lived a club life-style. It was fantastic, young people doing what young people do, not that there's anything wrong with that. It wasn't the life Casey had, she was a mom and had responsibilities. She wanted that life so much.

From June 2 to June 9, Cindy spent most of her vacation with Caylee. Casey had a chance for that freedom, and it was fantastic. She had a choice: a life tethered to a child, or an unfettered life. Based on the evidence, Cindy would never permit Casey to walk away from Caylee. She wanted Casey to be a mom.

Those were Casey's choices, live the life that she wanted or the life that she had. Casey chose her child. On June 16, 2008, Casey pretended to leave the house with Caylee, saying they would spend the night at Zanny's. She used the same excuse with both her parents. This told us that she wasn't going to spend the night with Caylee at Tony's. Casey knew that night she would be in the arms of her boyfriend, and Caylee would be dead in the trunk of the car.

June 16, she spent the night at Tony's, but had told her mother she and Caylee were staying with Zanny. She said the same for the 17th. By June 18, Casey knew Cindy wouldn't accept the same excuse. She had to change the lie and added the conference in Tampa wrinkle. She would bring Zanny AND there would be another woman there with a child the same age! Caylee would have so much fun!

In fact, Casey was staying with Tony and Caylee, in most liklihood, in the trunk dead.

Ashton then mentioned Casey backing into the garage and borrowed a shovel. She thought, briefly, of burying her in the yard like the dogs, but it was too much work for her, so she tossed her in the woods.

Ashton spend more time going on how Casey added to the lies over the days. Cindy was happy that Caylee was having so much fun at the theme parks. June 21, Casey told her mother she was still in Tampa with her fictional friends. He also mentioned that the defense was saying these were "imaginary friends." However, her friend Maria Kiish that Caylee is with the nanny. Her lies fit the necessity of the audience. When June 22 came and she should be home, Casey added onto her trip. When they were to be home on the 23rd (Casey was still at Tony's), Caylee was already in her resting place, decomposing.

Casey then invented the accident. That excuse extended the stay a few days longer. By the 24th, she had the problem of running into her father with the gas can incident. She made up the excuse of getting Zanny's insurance papers. Ashton pointed out how amazing Casey's ability to lie was.
On to June 25 and 26, Zanny was released late and they were going to spend one more night at the hotel. It had been 10 days and Cindy couldn't wait to see her granddaughter.

Then came the Jeff Hopkins story. Ashton pointed out how amazing Casey's memory was to be able to remember lies from a year ago and add it into her story. He then pointed out that Jeff Hopkins was becoming a long-term part of her story.

July 1, Cindy learned that Caylee was at a character breakfast at Universal. Cindy went to Universal and called Casey. Casey then told her mother that she was in Jacksonville with Jeff Hopkins, the rich gentleman.

There was then a mention of Timer 55. Casey told Lee that it was the time between June 15 and Caylee's birthday. Ashton asked what did Timer 55 mean? He said she knew it was the longest time she could stall her mother.

As to the long-term strategy, Casey told her she thought that Jeff Hopkins was a man with whom she could have a long term relationship. She now had her mother convinced of that. She might marry Jeff and elope, perhaps to Europe. She could have extended her time.

It all fell apart when Casey's car was impounded. July 15, all hell broke loose because they got the car. If they haven't gotten it, Casey would have probably extended her story as long as she could.

Cindy was then on a mission to find and see her granddaughter. The story of Caylee's being at Zanny's wouldn't work anymore. Finally, Lee ferreted out the "fact" that Caylee had been kidnapped by Zanny. Although Casey got the date wrong, she did get the 31 days right. She told the police an elaborate, consistent lie. Initially, the police treated her as a victim. The more they investigated her story, the more it fell apart.

In the conversation with Melich and Allen at Universal, she finally had to admit she didn't work there, but she maintained her lie through July and August. However, her claim to where she dropped Caylee off was disproven. When briefly released from bond and was with her family, she came up with the Blanchard Park story, where Caylee was kidnaped by force.

On December 11, 2008, that story no longer worked when Caylee's remains were found with a number of very important items. Ashton first showed the jurors the three pieces of Henkel duct tape was found on the body as well as on a gas can taken from her home. It is a fairly rare type of tape.

What was bizarre was that her father unknowingly used the same duct tape to put up flyers for Caylee. He then displayed the laundry bag which matched one in the home, which he also displays to the jury.

Then, Ashton showed the shorts and Caylee wearing them. There were pictures of the letters found at the site and a picture of Caylee wearing the shirt in which she died, not with a stranger, but with Casey Anthony.

There was then a photograph of the Winnie the Pooh blanket which matched her bedding, which Ashton also showed to the jury for the first time. It perfectly matched the blanket.

The claim that some stranger abducted Caylee was no longer tenable. As with all her other claims, they all died. By the time her body was found, any doubt about who killed her was gone.

The defense, in opening statements (which is not evidence), gave a very detailed explanation for how Caylee Anthony died. With dramatic flair, Baez told a story of her father wakening her and shouting "where's Caylee?" and on finding her wet body, told her "this is your fault".

Ashton went on to explain reasonable doubt and pointed out that nothing in the defense case supported that theory. (objection/burden shifting/overruled) There simply NO evidence in this case to support that contention and the jury must reject it.

The defense was not satisfied with just one villain. They also mentioned someone who is "morally bankrupt", Roy Kronk. He repeated the story of how Roy Kronk took the body and hid it. He mentioned how Dr. Spitz talked about how someone took the head home and put the tape on. He said the defense arguments required one to disregard common sense. It was a trip down the rabbit hole where men who love their granddaughters do the sorts of things that the defense stated.

Then, he reiterated the story of Roy Kronk taking the skull home, taping it, putting it back and reporting it for money! If Roy Kronk had wanted money, he could have run to the media truck and had all the publicity he wanted.

Ashton then pointed out that just looking at the body you could tell that it was there for a very long time and the tape was just as deteriorated. He pointed out that it had been there so long that the cotton threads had decomposed.

Ashton asked the jury to look at the facts of the case and see that there was no way that George Anthony had anything to do with the disposal of the body. They saw Mr. Anthony's pain in the videos, on the stand, and in the suicide note.

The evidence that Casey was guilty was overwhelming. There was the evidence of her car that reeked of death. They heard it from Simon Birch, professionals (crime scene technicians), George Anthony, and Arpad Vass who had spent 10 years studying the odor of decomposition.

Vass examined the evidence as well. He actually took a piece of the carpet, separate from the trunk. Vass and Furton both said that the chemical signature was consistent with a human decompositional event.

Ashton pointed out that Dr. Furton's main interest is the smell of living human beings. He did have some students who study decompositional odors. He ended up agreeing that the contents of the trash bags could not create the same odor. The prosecution had exploded the myth that the garbage was the cause of the odor. The odor from the trash went with the trash. The car still had an odor when Dr. Huntington inspected it.

Ashton went on to the death-banded hair. That expert testimony was not rebutted by the defense. (object/burden shifted/overruled) He reviewed Shaw's testimony that he could not replicate hair banding. Other hairs from the trunk had no banding on them at all. That hair was from a dead body and the body was that of Caylee based on mitochondrial DNA testing. Casey, Cindy, Lee, and Cindy's mother were the only other alternatives and Ashton went into the reasons why.

The hairs taken from Caylee's body also had the banding. The only difference was that the hairs from the body had decomposed roots.

Ashton then said that when Casey and Tony were in Blockbuster Video, Caylee was in the car decomposing. The day she backed into the garage and borrowed the shovel, she probably took the body to the back yard where the cadaver dogs picked up the odor.

Casey decided on June 16, that something had to be sacrificed. The conflict between the life she wanted and the life she had caused her to sacrifice Caylee.

Ashton said that Casey is guilty of 1st degree, premeditated murder. The defense would say we can't say how she died. He then quoted Dr. Jan Garavaglia. Why would someone put a piece of duct tape over a dead person's face? Ashton went on to say that there wasn't one, but three pieces of duct tape. Three pieces weren't to silence the child, they were to make the child not breathe. The first piece went over the mouth, the second over the nose, and the third to close the gaps. There was no reason to put duct tape over a child, living or dead. That is the reason, beyond all doubt, that THAT was how Caylee died.

The tape had to be on her face before she decomposed because it held the mandible in place. The jurors should note that it was curved. Ashton also suggested the chloroform was used so Caylee would die peacefully. The mother decided that the mother wanted the life she wanted more than she wanted her child.

There was a 15 minute recess before the defense closing.

Jeff Ashton had a defense exhibit which he said has information that wasn't in evidence. It was a quote from a deposition which was not in evdence. Baez said a portion was read into the record.
Judge Perry said that Ashton was right and Baez had to put white paper over it.

Linda Burdick had another objection about something I couldn't understand. It also had a photograph of Casey from possibly the 8th grade. It had faces around it which were supposed to be her "imaginary friends". She suggested that they use could be the smiling one from July 15th which was not allowed into testimony.

Judge Perry asked about the age of the photograph. Baez said, this is OUR case. Perry just wanted to know when the picture was taken. Cindy Anthony said it was from 2001, when Casey was 14 or 15. Baez said that the imaginary friends went back two years. Perry said that the exhibit distorts reality. The picture would have to be changed.

Then, on top of the white paper, they put up another smiling Casey Anthony of the appropriate age. I looked like the defense was going to use a bunch of posters! Finally, the defense was ready and the jury was returned.

Jose Baez also thanked the jury for their service on the trial. He then opened his closing argument by saying that he thought the jury probably had more questions than answered. Then, he said it could never be proven how Caylee died. There was no dispute that he had passed on. The question was, how did she die?

He was clearly going to point out that since the state hadn't proved the cause of death, they didn't prove their case. He again needed to consider the Scott Peterson case with no cause of death.

Baez pointed out that the defense didn't have to put on a case, although they did. It was up to the state to make the case. He pointed out that the law will guide them and tell them what they would have to do. Then, he started by telling them what he feared about this case.

His first fear is the emotion in the case. He had a poster that said that the jury shouldn't judge because they don't like someone or were angry with someone. "They" didn't conform with what is right or normal. The jury must not decide on emotion.

Caylee was a beautiful, sweet child who died to soon. It would be improper to parade her up there because it went to their emotion. He pointed out that Mr. Ashton used the video of Caylee and what a mother should or should not do. It wasn't based on the evidence, it was to set up the emotion for what was to come. The state gave two weeks of irrelevant testimony to paint Casey Anthony as a slut, a party girl, a girl who lied. Baez pointed out that all those people pointed out that Casey was a loving mother. That was why he asked them how Casey treated Caylee and Caylee, Casey.

There was not one instance of child abuse brought out by the state. The jury saw every movement Casey made for that month, they would have heard at least one story of abuse. Baez brought out that there were no bruises or broken bones. She was well fed. He then said something sudden and immediate that happened to cause Caylee's death. He said he wants the jury to tell them what was PROVEN happened. He said there should be no mystery before them now.

Baez then went on to call this a "check book" prosecution that used the finest labs. They even got evidence never heard in Florida before. He went on to tell them they were the first to hear evidence of air, cadaver dogs, etc.

The implication was that since the state had no evidence, so they invented it with new science.

Baez again asked them not to look at Casey as a lying slut. That has nothing to do with the evidence.

He started to say that it was an accident that snowballed out of control. He went on to discuss the bizarre things that went on in Caylee's life.

Baez said that the car did not shed a light on how Caylee died. It was irrelevant evidence since it didn't explain how she died. All it could tell was how she may or may not have been transported.

Casey acted inappropriately and didn't report Caylee's death. The State didn't have the right to over charge because it was entertainment and a lot of people have questions.

Then, he went on to the media and how it influenced the actions of BOTH sides.

Then, we were back to the car. The calendar was put up to help the jury with the timeline.

Baez tried to get the jury to consider the date in the indictment which indicated June 15 to July 15. (objection/sustained)

He then ran through his case on the time line. Tony and Casey put the gas in the car, Tony and Casey closed the trunk. If she had a body, or if the smell had been there, he would have smelled it.

Maria Kiish testified that she was in the car during the time she was living with Tony and didn't smell anything. Yet, two years later the car still smells?

Who reports gas can's missing? Why was there duct tape on it? Why all the lies about the duct tape? Baez then questioned why George Anthony waited until the15th to pick up the car? He knew it was out of gas and that it was at the Amscot for three days. Somehow, Simon Birch knew that the car was at Amscot for three days? George Anthony told him!

When he smelled the smell of death, he didn't do anything. He went back to work. He didn't call his daughter to see if she was alive. George wanted to distance himself from the situation. He knew she was dead. Then, Baez said that if the police had done more investigation into his activities, there might have been a different outcome.

Then, Baez moved on to the people who did and didn’t smell the decomposition. He pointed out that Bloise wavered between decomposition and human decomposition, depending on who asked the question. Dep. Forgey lied to them and said that there two cars he checked. Michael Vincent and Mr. Arpad Vass, Cindy Anthony (who only said it to get the police there more quickly), Simon Birch (who made his statement nine days later), George Anthony (who did and incredible job with Yuri Melich the first night he arrived.) Then, he mentioned Dr. Neil Haskell.

He then mentioned the lady at Amscot who said she smelled garbage, Tony Lazzaro, Charity Beasley, Maria Kiish. They said they didn't smell anything. Sgt. Hosey didn't think the smell was important enough to call CSI. Then, there was Dep. Eberlin and Yuri Melich didn't do anything either. Neither did Rendon Fletcher and Adriana Acevedo. Somehow, of the people who smelled decomposition, only George Anthony's picture was left up! The "abundant" of people who did not smell anything should lead them to reasonable doubt.

Then there was a picture of Brian Burner presented. He reminded the jury had him close his eyes to try and remember the day. Baez bashed the idea that Casey buried Caylee in the back yard.
Baez then said that they could speculate what she did with the shovel. For example, she could have tried to pry the lock of the shed door with it. Baez said that was what the State wanted them to do, speculate.

The next topic was the trash in the car. Once again, he proffered the double picture of the "altered" garbage which was intentionally done to inculpate Caylee. He said that Vincent and Bloise should have photographed the evidence and preserved it.

Baez pointed out to the jury how the State infected the quality of their case like a cancer to the point that they would render a verdict of not guilty!

At this point, we recessed for lunch.

Court reconvened at about 2:05. Jose Baez approached the podium and brought up an issue. He has asked that Jeff Ashton's facial expressions while he is speaking.

Judge Perry explained the delay, the court reporter was using her steno machine and they had to give her and other court personnel to eat.

The jury was returned and Baez continued with his closing.

Baez began where he left off, with the state's "fantasy of forensics." Baez stated he did not see a stain of decomposition in the car (it is visible under an alternate light source). He said there was no blood in the car. Gerardo Bloise said that he did the most thorough examination of a car that he had ever done. There was no DNA found in the car.

The maggots were in the trash bags.

Evidence would have been a DNA report. Huntington said that even professional cleaners couldn't get it out. Baez said it was a "phantom stain" and was a sign of the desperation of the police to make a case.

He then went on to Dr. Haskell and Dr. Huntington to talk about the bugs in the trash bag. It was what you see when you normally leave trash in your car. There was only one blowfly leg, th earliest of feeders.

Huntington also said that the paper towels could not clean the stain. As to that, the state left them with speculation to arouse their anger..
They could have figured out time of death if they had taken DNA from live maggots.

He said that there is nothing in that car that had to do with human decomposition fluid.

Baez said that the state talked about hair. He reminded them that they heard from Karen Lowe and Stephen Shaw testify about that. Baez pointed out that the defense call more FBI agents than the state did. He said it was because the case was about winning, not a search for the truth.

Lowe and Shaw both testified that they couldn't say the hair came from a dead body. (They could only say it was consistent with a dead person.) He tried to say that Shaw did his test only to validate their study and said that they had similar effects that mimicked root banding. Two people at the lab misidentified the hair. The science, Baez argued wasn't at the state where it could be considered legitimate. Baez even said that the banded hair cold come from environmental effects.

Baez accused the state of changing their cause of death from chloroform to duct tape! (Remember Jeff Ashton’s speech where Casey was begging Andrea Lyon to make him stop?)

Baez then went on about chloroform. The chloroform started with Dr. Arpad Vass. He said the levels were shockingly high. Again, we heard that Vass is not a chemist!

Baez said they had to call all the other chemists to testify. It took Dr. Marcus Wise to say it was a quantitative analysis. Let's just rely on the guy with a sniffer machine. Dr. Rickenback said the levels were low (under different testing circumstances and handling circumstances). Baez accused Dr. Wise of being evasive and only wanted to support his friend.

Baez was then on Dr. Sigman, who collected the gasses from the trunk (remember, when the trunk liner had been removed). The only witness the defense called was Dr. Furton. He then attacked the state for not calling their own witnesses. (objection/overruled) Why did the state hide those people from them?

He accused the state of lack of straightforwardness.

Going back to Arpad Vass, he brought up the sniffer machine again. He had a guy in Greece who agreed with him. The only other person they heard from was Dr. Furton. Vass and Wise were only testifying to enrich their wallets. It didn't make it valid, it didn't make it true. He then ridiculed Vass for saying he could find a clandestine grave with a coat hanger. He felt this was the level of absurdity the state took the case to.

Baez said it was a forensic fantasy and nothing more. Baez repeated that the state was in it for the win and for the media attention. (objection/sustained)

Baez then attacked the computer forensics. He mentioned the sci-spot hit had one hit, but Cacheback found 84 times. He then said that the Net Analysis report said there was only 1 hit. He accused Sgt. Stenger lied when he gave his testimony. He said it was fraud. (objection/sustained)
Baez said this was not true evidence and that a human life lies in the balance.

At this point, Baez went on a terrific rant about the fact that the state had provided the junk evidence. He was so VERY indignant about that.

Then, he brought out a copy of Ricardo Morales' chloroform picture. Aha! March was when he put up the picture, and March was when Casey did all those searches! Then there came Cindy Anthony. They knew in 2009 that she did chloroform searches. The state had to go out to prove her a liar. He said he knew Cindy was a liar, he knew she was all along.

Baez said fantasy forensics, fantasy stains, phantom searches and stickers.

Casey is NOT a slut. It's out of control, and it's been out of control since the case began.

Casey made some bad decisions that started this. It was an accident that snowballed out of control. He shouted, "The truth starts here, the nonsense stops now." But it didn't. THIS is what they want you to convict her on. He told the jury not to trust this evidence.

Baez went on ranting (objection/sustained).

Baez then lumped all the evidence together and it wasn't proven to you that it happened, she’s not guilty.

That last rant would have been a good ending, but Baez went on to the phantom sticker. A sticker was found 30 feet away and it didn't look like the other stickers in the house. Baez again pointed out that the state "hid" the testimony from them. The defense had to call that witness to testify that it hadn't been seen.

He again told the jury not to rely on their anger to make a decision. Baez said, THIS IS OUTRAGEOUS, THIS IS THE QUALITY OF THE CASE THEY GAVE YOU. He said Casey was arrested for child neglect and then they made a case against her.

The next sentence Baez uttered was yet another violation of Rule 5.

Baez then went on to point out that they could have fingerprinted all the beer bottles to find out who the real killer was.

Then, Baez bashed Dr. Jan Garavaglia. The child had no broken bones, no signs of prior trauma, she sent out tests that all came out negative. Dr. Garavaglia gave the three reasons she used to state that it was homicide. Baez said that one didn't need to be a doctor to render those opinions. She made the decision because of the media attention. She was the big shot and took over the case.

Dr. Shultz also said that there was no trauma to the bones. Dr. Shultz had no opinion.

Dr. Warren (fantasy man) made the video. There was your new murder weapon of the week! He was being an advocate, not a scientist.

I'm getting a headache.

Then, Baez brought up the most wonderful, famous, forensic pathologist in the world! He said that the remains did not decompose the way they said. He gave the proof! He spoke badly about others and there was another objection sustained. One of Spitz' most important findings was that, when you open up a skull, there is discoloration behind the ears. It wasn't there, and it proved one thing that was not the cause of death (even though it doesn't always appear).

He went on to Kronk’s changing story of the skull rolling out of the bag and being under the bag.

Baez urged the jurors to look at real evidence, not some fantasy as presented by the state.

Then, he went on to the defense case.

He pointed out that Casey Anthony had the inalienable right not to testify or present a case in her defense.

Baez then went into the secrets and the lies of Casey's dysfunctional family. He started with the "hidden pregnancy" and the parents' excuses.

He touted Lee Anthony's unimpeached testimony that he asked his mother about it and she told him to let it go. Then, he pointed out that both Cindy and George lied on the stand and the jury can reject all their testimony. He pointed out that the state wanted to have them believe Cindy on some testimony and not on other.

Baez said that Casey had issues and they were long before 2008. We were then introduced to her imaginary friends. (I'll spare you the details of each one.) Baez indicated that, with all these imaginary friends, the police should have taken a step back and treat her as an individual who has issues.

Baez even said that Casey could have hopped on a plane and told her parents they would never see Caylee again. That would have been an alibi!

For an unhealthy person, the fantasy life was more real; it indicated that Casey went there to feel safe

In this version. the jurors should feel sorry for Casey and understand she made a bad decision.

Baez then called the state's motive nonsense. What person would kill their child to go out and party! He repeated that nobody saw her beat Caylee, starve, her, etc. That made her the perfect mother.

Baez then went to the drowning theory. He insinuated that Cindy left the ladder up that day. He again treated the jury to Cindy's perjured testimony. He pointed out there were no safety locks on the doors. They were neglectful in that way. He stuck to the story that Cindy told her co-workers about the pool incident on the 17th and she said that Caylee could get out of the house easily.

That's enough reporting on Mr. Baez' drowning theory.

Then, Baez blamed Yuri Melich for the situation. They didn't want to consider there was something wrong with this girl. They didn't pursue the pool theory at Universal when Cindy told him about it on the phone!

Then, up went the picture that "proved" that Caylee could easily open the door, she was big enough, strong enough, to open the door.

Then, came the pool pictures which proved Caylee could get into the pool on her own.

Baez' reasonable hypothesis was that Caylee got up early, opened the door, went into the pool and drowned. It wad the only logical reason to tell how Caylee died. And, because Casey was "different" it explained why she behaved the way she did.

The state had presented no answers to how, when where, and why Caylee died.

Baez said that improper disposal of a body was not among the crimes that were listed. The reason was because they'd lost their senses there.

Finally (I hoped) Baez addressed the duct tape. He said they got no clear answers from George Anthony about the duct tape on the gas can. Linda Tinelli said George brought duct tape to the command center and even showed the video again. George wouldn't even admit it was his role of duct tape! He even lied about the location. George wanted to pass it of to somebody else. He lies.

There was a comment made about the gas can and how the state didn't admit it. (objection/sustained)

Baez nattered on a bit longer about the lies George told about the duct tape on the gas can. If the duct tape is the murder weapon, it only connected to him. Casey was in jail for a couple of weeks when the video was taken. His diatribe was that it was GEORGE and only GEORGE when the duct tape trail was followed.

As the rant was going on, Ashton tried to hide a smile behind his hands. When Baez referred to him as the laughing man the Judge called them to the bench and the jury was dismissed. Baez made a mistake by referring to him in his closing, Ashton made a mistake by not covering his smile enough.

My headache grew at this point.

Judge Perry took the time to view the video of Ashton's face and Mr. Baez' reactions. Both men's responses violated the Court's order. He offered both sides the opportunity to view the tape and court was at ease until they took a look at it. They didn't leave the courtroom right away. Linda Burdick asked a question and Judge Perry read the appropriate rules he gave them when he became the judge on this trial. Jeff Ashton said he trusted the judge's judgement and he didn't need to see the video. Mason said he wanted to see it and Jose Baez said nothing.

Judge Perry was very upset about this incident.

When they had viewed the clip, Ashton said he saw himself trying to hide his laugh behind his had so the jury wouldn't see it. Baez said that he would request that Ashton not be held in contempt. He also apologized for getting caught up in the moment.

The jury was brought in and Jose Baez continued.

Baez went right to the duct tape leading to only one person. There are things that do not add up. They learned the way the Anthony family buried their pets, except that George had a little amnesia.

Baez then asked why George Anthony never told the police how they bury their pets. Baez said that instead of going after Cindy in rebuttal, they should have dug up the back yard.

Baez said that the bones moved, but the duct tape did not. He said that there is no evidence of any murder in this case. They would never go after anyone without the support of evidence.

Mr. Anthony, on numerous occasions failed to tell the truth about the duct tape. Baez said he didn't have an ounce of paternal instinct in him, and at times, testified almost with joy, against his daughter. He wouldn't fall on his sword to save his daughter from the jaws of death. Those were not the actions of a father. There were times he thought it was funny to spar with him and times he broke down. Baez then used Krystal Holloway to show how he showed affection. She didn't have a tumor, Baez ranted. He had a woman at home who needed consoling.

Baez ended the George bashing with the suicide letter. His relationship with his mistress was over, the police collected the gas can with the duct tape on it, the were getting his fingerprints. The police were circling around him. George gets a six pack of beer and some blood pressure medication. The only reason he got a gun was to get Casey back in jail. The suicide letter was self-serving and he was throwing Casey under the bus.

Then, he was on to George's media appearances. He was in front of the media 48 hours after his hospitalization.

Baez said that lies are what pumps and what lives within this family. She was raised to lie. It was no surprise how Casey turned out.

They both lied on the stand. There were other lies that could have happened. Why didn't they get George's cell phone records? If you don't look for things, you're not going to find anything. The police should have looked more. They shouldn't walked around with blinders on. They should have known there was more to the lies.

Then came the testimony of Dominic Casey and Jim Hoover. He said that Casey was a strange man who provided some comical relief in the trial. They were looking for a dead Caylee. He said he was sent by a psychic Cindy Anthony conferred with. George never asked why they searched. Cindy Anthony lied on the stand and was impeached by her son, Lee.

Baez claimed they searched the very same spot where the remains were found. He held up the gas cans and said that something suspicious was going on.

Caylee was found without socks or shoes. She was at home when she died.

Nothing was adding up and nothing made sense.

He then went on to the drug tests and how nothing was found. The DNA analyst found no DNA. There was no soil on the scene on her shoes or in her closet.

It went on like this, but all I heard was blah, blah, blah, blah. He attempted to break all the links of the chain that tied the case together. Some of his rationale worked a bit, some of it didn't.

He then went on a rant that there was no DNA found on the duct tape (forgetting it had been in the heat and flood for six months).

He was then going through everything that ever was done in this case. The state had no proof.

Baez ended, hopefully, by stating that it could only be one thing, an accident that snowballed out of control.

Nope, Baez pointed to a picture of Roy Kronk. He stated that they never said that he had anything to do with Caylee's death. He did know where she was for four months. He went through the Kronk timeline.

Baez said that he called the 11th and nothing was found (actually, nobody looked). Then, he gave more details the second time. Baez suggested that the white board was a marker as to where HE hid the body. Therefore, the crime scene was contaminated and staged.

Baez then went to the 13th when Dep. Cain came out to meet him and all Kronk would say was that he wasn't very thorough. He wanted Kronk to run then to the news media to tell them and ask for the reward. There was something shady.

Brandon Sparks said that his father called him in November and told him he'd found Caylee (actually, Brandon said Kronk never gave him the name).

Then, he was on to the skull dropped out versus it didn't roll out. Then, he kept it quiet that he called them months ago! (That is really nefarious!)

My headache went up a notch or two at this point.

Kronk was lying. You couldn’t trust the scene because it was staged.

Reasonable doubt is living and breathing in this case.

Baez again told the jury that they must have more questions than answers and there was no way to convict her beyond a reasonable doubt.

He thanked the jury profusely and turned the closing over to Mason.

After a short stretch break, Cheney Mason instructed the jury on the laws and the charges.

He went through all the charges and explained why they should find Casey not guilty of them.

He also reviewed all the points which Jose Baez had covered as well.

It was pretty dry, and I listened rather than taking notes. Linda Burdick had over two hours left and I felt it more important to focus on her rebuttal.

Judge Perry then made an executive decision. He said he would recess court now and complete the closing arguments at 8:30 tomorrow morning!

Judge Perry said that they will complete the charge conference now.

At 7:03 PM EDT, I decided that enough was enough for a day. Sitting and waiting to see if they would have the charge conference was not much fun.

See you tomorrow for Linda Burdick's rebuttal and jury instructions! Be ready at 8:30 AM!

Friday, July 1, 2011

Casey Anthony Murder Trial: Day 33


Updated, 6:00

Scroll down to "Case Closed"

SIT AROUND AND WAIT!

Due to the unusual circumstances, I am posting the events of this morning early. I will be monitoring the situation and updating as events occur, if they do. Check back during the day!

Judge Belvin Perry appeared in the courtroom at 8:50 to hear Jose Baez again plead for the judge to reconsider his ruling for the Gentiva testimony. He pointed out to Perry that there were already some documents that have some of the information the prosecution already had.

Ms. Sims had a medical issue and will be in court shortly. She asked to speak to two of the state's computer experts. The defense contended that they are going to render new opinions not in reports and were unavailable to talk to Ms. Sims. The witnesses are Osborne and Stenger. Baez said he wanted Judge Perry to hold the state to the same standard that he held the defense to.

Baez also mentioned Dr. Goldberger and Dr. Warren were ready to testify. Again, he asked that all new opinions be proffered since there were no new reports.

Ms. Burdick stated that the witnesses from the Sheriff's offices were going to testify to things that Mrs. Anthony said during her testimony. Ms. Burdick said that the defense could speak to them now. Ms. Burdick said that she only heard of the desire to re-depose at 5:30 PM yesterday. She also told Mr. Baez what they would testify to, based on Mrs. Anthony's testimony. There was also an issue as to whether Mrs. Anthony could engage in a remote log-in to her work computer, and they had learned that she couldn’t.

Baez said it would take two days to do this research and he would have liked to have his computer people to look at it. The defense was not placed on notice and waited until their case was closed. He told Ms. Burdick it was in violation of Perry's order.

Judge Perry asked how much time he needed. Baez said he didn't know until he saw reports. Once he saw them, he could show it to his experts and see how long it would take.

Baez also said that Dr. Goldberger and Dr. Warren may also have new opinions.

Jeff Ashton said that Dr. Goldberger's opinion was given to the defense two years ago. It would go to refute Dr. Spitz' testimony concerning the sediment in the skull. Also, Goldberger is on the defense witness list.

Baez pointed out that he is not a forensic pathologist and can't testify to Dr. Spitz opinions.

Perry asked if he wanted to depose the witness. Baez went on pressing his case.

Jeff Ashton pointed out that Goldberger was only going to testify to the cranial wash, which was in his report. Baez said Goldberger never said what he found in his test. He's a toxicologist and cannot testify to that. He can't identify anything as organic matter. Baez argued he didn't open the skull and couldn't testify to that.

Baez was offered the balance of the morning to do the depositions. Perry said that if he wanted to do that, he could take this morning and they would be back tomorrow.

Perry made it clear that both sides had asked to have off tomorrow to prepare for closings. He said he will let the defense take the time and be back tomorrow and Sunday, and Monday, and Tuesday.

He also indicated that if it was a surprise to the defense, he would let them take the depositions, but he first wanted to see the reports to make sure the information was not there.

Jeff Ashton disagreed with Baez and said that he did the saline washes. Ashton indicated that it was not organic matter such as one would see from decomposition. Baez claimed the finding were not in the report.

Baez again couldn't say how much time he needed. Ashton said he'd pointed out the differences and the depositions would be short. Baez then said that Ashton was now admitting that there was new material and Jeff Ashton said, "NO, THERE WOULD NOT!"

Judge Perry said that the jury is sequestered. He said that they would recess on call whenever the defense was prepared.

Judge Perry also asked about a jury instruction about Dr. Rodriguez

So, at this point, we are all sitting around and waiting!.

Case Closed!

Finally, about 1:30 PM, the prosecution began its rebuttal case.

The first witness was John Camperlengo, the Chief Compliance Officer and General Counsel of Gentiva. He was questioned by Linda Burdick.

They discussed the company policy on retention of e-mails. There were a number of technical questions about how the records are kept. E-mails sent and received by employees are backed up at regular intervals and are maintained on the server and a back-up system when the server gets filled. Due to HIPPA laws, they must retain these records. They also keep records of individual computer terminals in their offices. They are also retained under a personal user ID. Gentiva also has a system that retains records of when people log in or log out of the system.

At this point, Judge Perry read a stipulation to Cindy Anthony's employment.

The records for Cindy Anthony were then discussed. They include the records for the week of March 17, 2008. Mr. Camperlengo identified the deleted e-mails of Cindy Anthony for that week. The exhibits were then entered into evidence. The log-in records were also identified by the witness and entered into testimony.
I'm going for the basics here, not how the system works!

For March 17, the records showed that she logged on at 8:02 AM. The log-out periods were in the area of 5:30. March 21, the first session was 8:43 AM. and logged out at about 5:30. The system would automatically log you out after five hours if not in use.

Then, the journal activity for the week was discussed. It contains all the activity dealing with records were documented. Finally, after a lot of technical discussion, Ms. Burdick had the witness go down to the afternoon portion of the document. She started with 2:27 PM and went down through 2:33 PM at the bottom of the screen. There were several changes made to patient profiles during that time frame. (Somehow, the numbers came out differently the second time Ms. Burdick stated them, suffice it to say, whatever the numbers were, they covered the time that Cindy said she was probably home Googling.)
Ms. Burdick then went to the March 21 records. The times were approximately from 2:37 PM until the end of the day. There was continuous activity throughout the afternoon until 4:06 PM.

There was discussion about individual passwords which are changed every 90 days. Mr. Camperlengo explained that it is an extremely secure system due to law.

Ms. Burdick then had the witness testify that Cindy was entering data on the system between 1 and 3 PM on March 17. She was. On March 21, she was also entering data between 1 and 2 PM.

Ms. Burdick was finished with the witness.

Jose Baez asked if he was contacted in the summer of 2009 for any of this data. Camperlengo testified he hadn't.

Baez had no further questions.

The witness was excused.

The next witness was Deborah Polisano, one of Cindy Anthony's co-workers at Gentiva.

Frank George did direct. She was employed by Gentiva in Winter Park. She was Director of Clinical Management. She managed 20 to 25 people and field staff. She was Cindy's supervisor. She was responsible for oversight of her job performance.

In March of 2008, Cindy was a Manager of Clinical Practice who had responsibility for field staff and their paperwork. She was not required to leave work during the day to do her job. All employees had to sign in and out. They would be allowed to run errands, but would not necessarily have to log out of their computers. They would lock themselves after 15 minutes. The system would be running, but the user would have to log on again.

Cindy was a capable, hard-working employee. She would not take 2 to 3 hour lunches. If an employee were gone for that period of time, she would have to do their jobs for them. She also said that other people could use the computer, but they would have to log on under their own user ID. It is against policy for someone to use another's user ID. It was a compliance issue.

Mrs. Anthony could not work from home and could not log onto her Gentiva account from another computer. Ms. Polisano said, although it was possible to fix someone else's time card, she never did that.

Mr. George entered Mrs. Anthony's time card history report. He first discussed March 14 where it said PTO (Part time off). There had to be 8 hours to be accounted for a PTO. On March 17, she arrived at 8:00 and signed out ten hours later at 6:00 PM. On March 21, she worked for 9 hours.

Ms. Polisano would approve the time. The time cards are a computer form. She gets them on Tuesday morning and she checks them for accuracy. Mr. George asked if a salaried employee was expected to work more than a 40 hour week. Ms. Polisano said they were. She also said that there were no situations where she knew Cindy to be at home but on the records. There was no "comp time."

Mr. George also brought up the banking issue and asked how far the bank was from the office. It was a couple of blocks away.

Mr. George finished.

Jose Baez asked if employees were allowed to run errands during the day. They were, Ms. Polisano said. Baez asked it a Bank of America record was shown to show her concerning the bank. (objection sustained)

Jose Baez brought up the July 15 trip to the tow yard. Polisano couldn't say how long Cindy was gone, probably 1 ½ to 2 hours. He asked if she'd reviewed her computer records for that day. Polisano said that she hadn’t. Cindy did work on her computer both before and after she left. Polisano had to force her to leave that day.

Baez had no further questions.

Frank George asked her that if she had to do another employee's work, she would do it under her own password on her own computer. Ms. Polisano agreed.

Jeff Ashton examined the next witness, Bruce Goldberger. He is a professor of toxicology at UF. He gave his background, which includes forensic toxicology. He took samples from a small piece of the left femur, marrow from the left femur, did two washes of the cranial cavity, some hair, some matted hair...(Jose Baez called for a side bar.).

When Ashton returned to the podium, Goldberger added soil from the matted hair to the list of items he took from the Medical Examiner’s Office for testing.

Ashton had Dr. Goldberger describe how he physically conducted the saline washes. He said he sealed the skull with a thin coat of epoxy of some sort, added 30cc of saline solution, swished it around and poured it out. He did that twice.

He ran an analysis of the saline washes and found nothing that would suggest decomposition material in the cranial cavity.

When Jeff Ashton finished, Jose Baez asked about the femur. Ashton objected and Judge Perry said he opened the door! Baez asked for a side bar to explain why he asked. Baez asked if he collected bone marrow and Goldberger said he did.

Baez asked if the saline wash was a crude method. Goldberger said it was, but it was the best way he had without opening the skull.

Baez asked if he didn't look for DNA. He didn't sent the samples for any DNA analysis. (objection/sustained three times). He returned the materials to the Orlando Medical Examiner's Office.

Dr. Michael Warren was called next.

Jeff Ashton had him re-introduce himself to the jury. He is a forensic anthropologist and belongs to a scientific working group which works to develop best practices in a field.

Ashton asked if there were any protocols that call for the opening of a skull in a forensic case. Warren said it wasn't and it wasn't considered "best practice" and hasn't even been discussed.

Dr. Warren pointed out that you can look and feel inside the skull. There is no compelling reason to open it except to photograph it. There are two negative consequences to opening the skull. A person asking to do a second examination would have lost evidence. Secondly, it was unnecessary desecration to the remains. (my words)

Ashton also elicited that there is a special instrument that could be used, a dental mirror could be used, and a flashlight could be used. Warren said that there are no skulls in his lab that need to have the skulls opened at the present time.

With a child's skull, you could fracture the fragile bones. He was shown the picture taken of Caylee's skull when Dr. Spitz opened it to identify the fracture he caused. He said that when he had examined the base of the cranium and there had been no such fracture.

Ashton then discussed documents about the treatment of human skulls. None of them recommend the opening of the human skull. Ashton brought up the UN document dealing with genocide which does not recommend it as well.

Jose Baez was again back to cross. Baez brought up the video he mad (objection/scope/sustained)

Baez brought up that he is not a forensic pathologist and he can't testify to what a forensic pathologist could do. He said that he considered this case a case for anthropology. Baez brought up his eminent forensic pathologist, Dr. Werner Spitz. (objection) Then he showed Goldberger the National Medical Examiners' guidelines and asked if he was familiar with it. He said he was.

Jose Baez asked if his method would locate red marks indicating a suffocation death (objection/sustained) When asked if it were necessary to open the skull, that would be up to the ME to decide. Warren agreed.

There was another question that I missed (objection/side bar/sustained)

Warren did not do the cranial washes in this case. When asked if he reviewed the autopsy, he pointed out that it wasn't an autopsy, but a bone case. He'd never seen the autopsy report or Dr. Goldberger's report.

Next question was objected to/sustained and Mr. Baez was finished.

The next witness was Sgt. Kevin Stenger, with more computer forensics.

Linda Burdick did the direct examination. The latest analysis he had done ran from March 1 to March 21, 2008. This was additional analysis of the Anthony's desk top computer. He provided two disks with reports from Cacheback and Net Analysis.

Jose Baez stated that he wanted more time to study the disks. Ms. Burdick asked for them to be accepted and Baez asked they be accepted conditionally. Judge Perry overruled him and Baez asked for a side bar conference.

Stenger did key word searches on the deleted Firefox history for:

chlorophyll
hand sanitizer
neck-breaking
Gentiva

Doing this keyword searches, he found no searches for chlorophyll. The same happened in the Cacheback report.

Hand sanitizer was only searched by "sanitezer" and it didn't come up.

Next, he searched for "neck" and found two searches, one with "neck break" and one with "neck breaking" It was not a pop-up ad.

Meanwhile, Baez objected to each of these and was overruled.

Sgt. Stenger found no searches for "bamboo" either and there was no access to a Gentiva website.

In addition, Stenger used another tool and searched the text file created and searched for these terms as well in Microsoft Word.

He did the search with two forensic programs and one with a hex file and found nothing.

He did find one search on how to get rid of fleas.

Another impeachment for Cindy Anthony.

Jose Baez asked about Yahoo.com. He got Stenger to agree that there is all sorts of information on it. He said that all Stenger did was search for were the domain addresses that were on the files for a month. He said that if the addresses didn't have the search word in it, he couldn't know what was on the page (as if it were Yahoo). There was mention of a search that included a possible martial arts website. You can't tell what's on a site unless you visited it.

Baez pointed out that Stenger was only contacted after the prosecution decided to impeach Mrs. Anthony. Baez also pointed out that he didn't look up alcohol and another topic. Stenger said he didn't do it because he knew they were there.

Sandra Osborne was up next. She has also testified before.

She was asked to perform a search for key words as well. She used EnCase.

She was asked to search the entire hard drive for:

chlorophyll
hand sanitizer
bamboo

She found one occurrence in the Microsoft Word dictionary.

Hand sanitizer did not appear on the computer.

Bamboo yielded bamboo furniture, figurines, floor surfaces, lamps, rugs, panda bears, tiki bars and other household items. There was no reference to bamboo leaves.

She found three specific log-in names for Gentiva and found no evidence of any remote log in to Gentiva.

Jose Baez referred to the unallocated space and the possibility of the material being overwritten.
He stated that it's not done in order, but her answer didn't make that clear. She said that it is hard to tell what has been overwritten because it's been deleted.

Ms. Burdick asked why there can be fragments of a chat. Osborne explained that it is because part of it has been overwritten.

The witness was excused and Ms. Burdick presented stipulations to Judge Perry.

Yuri Melich made another appearance on the stand. Ms. Burdick handed him the documents that were introduced. The first records were those for Mr. and Mrs. Anthony's land line. Then, there were records for George Anthony's cell phone. Finally, Det. Melich identified the cell phone records of Cindy Anthony.

(This is going towards impeaching the June 16 call Cindy made to George about the ladder being in the pool.)

Melich was asked to see if there were any calls from the home to George Anthony's land line or cell phone during the week of June 16. He testified that there were none.

Baez started out by asking if he knew that George Anthony had multiple cell phones. Melich said he wasn't aware of that.

Baez showed records to Melich to show that George Anthony had a company cell phone. (objections/sustained) Baez asked if he ever pulled his work cell phone records. Melich said he was unaware of a work cell phone, as Mr. Anthony had never told him that he had one.

(Somehow, there was something in the document he was shown that indicated George Anthony had a work cell phone? There were a bunch of objections about its being used and we never found out what it was.)

Baez then asked if he knew that the Anthony's had "boost cell phones." (objection/no time frame/sustained). (Remember, they did not have their phones until July!)

Jose Baez had no more questions and the witness was excused.

Ms. Burdick said the state was finished with their rebuttal case.

There was discussion at the side bar. Then, Judge Perry left the bench.

Judge Perry returned to the bench and asked if the defense was ready. He must have thought they would want to do a brief sur-rebuttal about George Anthony's phones. Cheney Mason said that they wouldn't do that.

The jurors were excused until Sunday at 9:00 AM for closing arguments.

Then there was the motion for judgement of acquittal made by Cheney Mason as well as several motions for mistrial including the one dealing with the video super-imposition.

In his motion for acquittal, he said there was as much evidence for an accidental drowning as for the prosecution "fantasy." He pointed out the questions that had not been answered as to how and where she died. He said there was no evidence of premeditation, except for the prosecution's "fantasy."

He said that the prosecution had proved only that Casey told many falsehoods for many reasons. They proved that she was a very loving and devoted mother through the testimony of her friends.

There was no proof that Caylee was chloroformed or duct-taped. There was no DNA linking the crime to anybody. There was no evidence the duct tape was placed on the face at all. The chloroform death was all media hype. He asked Judge Perry to take the burden from the jury to guess how the child died.

Ms. Burdick responded that Mr. Mason was arguing matters that were for the jury to decide. She said that the defense, during their presentation showed no proof of innocence.

Judge Perry denied the motion of acquittal.

We are done for the day. Tomorrow, everyone can have fun. Sunday there will be closing arguments and jury instructions. See you Sunday at 8:30!