More motions heard in the case against Casey Anthony

"Bombshell Update!"

Just as I went to publish this article, it was announced on Nancy Grace that Judge Strickland had denied Baez's motion. The pictures will be released.

Cindy and George Anthony saw their daughter for the first time today since her arrest October 14, 2008. The family reunion took place in Judge Stan Strickland’s courtroom as two motions filed by Casey’s attorney, Jose Baez were argued. The Anthony’s sat directly behind Casey and Baez. The viewers of the hearing were treated to coverage of Casey Anthony’s back. All that could be seen was that her hair was not up in the bun as she had last time and she wore a simple blue shirt.

In his motions, Baez asked the court to limit the release of images from Casey’s Photobucket accounts and to stay the release of a videotape of Casey in the Orlando jail as she watched a television broadcast announcing that the remains of a child had been discovered not far from the Anthony home.

The hearing opened with some "housekeeping" details. Baez made note that at the previous hearing, the camera stationed in the jury box had taken close-ups of Casey Anthony’s writing. Judge Strickland stated that he hadn’t noticed that but was sure it wouldn’t happen again.

Baez then went on to argue his Motion for Protective Order. This is the motion to limit the release of images of Casey taken from her Photobucket account. His rationale for this motion was that it would have the "sole purpose of embarrassing or harassing" Casey and would paint her in "a negative light." He had also indicated that these images were irrelevant to the case. His proof of this was the Casey Anthony doll that was patterned after Casey’s infamous American-flag costume from an "anything but clothes" party she attended in May, 2008.

Baez began by attempting to educate the judge as to the nature of Photobucket accounts. He stated there are public accounts and private accounts. He added that Casey had a number of accounts, some public and some private. He also said that many of the contested images were taken before Caylee went missing and are irrelevant to the case.

My notes are unclear at this point as to all the stuff Baez said. Suffice it to say it was pretty much a rehash of what he stated in his motion. I also notice that in his original motion and in his arguments to the court that Baez had again omitted any mention of the case law upon which he was basing his case.

Baez continued his arguments by stating that he received two CD’s of images from the State’s Attorney. One contained "filtered" images and the other contained "unfiltered" images. The "unfiltered" images are those with which he has a problem. He handed the judge a small sample of the images to better educate him to the situation.

Well, Judge Strickland was really at a loss for words here! In the end, as best I could make out, all he said was, "I get to call what's fair and what's foul." Based on rumors around the internet about these pictures, I have a feeling that they are VERY foul!

William C. Bose (sp?) Assistant State's Attorney addressed the judge next. He cited a recent case, I believe it was McCrary (sp?). According to him, everything they receive in the course of pubic business is public unless it is exempt. There are some exceptions and the defendant has the right to ask them not to be disclosed. He added that the State is required by law to disclose everything unless the judge tells them not to. He said that he State has no position on this, "doesn't have a dog in the fight." In essence, the issue is strictly in Baez’s hand. It is his responsibility to show the judge why these images are exempt from the laws of the State of Florida.

An attorney from the Orlando Sentinel addressed the judge next. She stated that the Sentinel has many photos, some of which they haven't published. Many of those photos are still up on Photobucket as of this morning, they are already in the public domain. Any order might be ineffective because they already have them. She also cited the same case and said that it had to be a serious and imminent danger to fair trial for these images to be exempt. She pointed out to Judge Strickland that the Defendant said only that these images will be embarrassing. She repeated that it's a very stringent rule and that the defense had not met the rule under McCrary.

Baez rebutted this argument by stating that the law is clear. He said the judge has the right to restrict these images. He added that he’s compared the images available on Photobucket and the images on the disks and that many of those images would impede his client’s right to a fair trial. In his summation of his argument Baez said, "what's the harm" in restricting the images and it's "playing with fire" if they are released. The Supreme Court has ruled the right to a fair trial is .....

Baez then moved onto the second motion, the Motion To Stay The Release of Discovery. In this motion, Baez asked the court to delay the release of the video of Casey’s reaction to the news the remains of a child had been found. In the motion, Baez essentially accused the jail staff of bringing Casey to the infirmary with the sole intention of videotaping her as she was watching the breaking news of the discovery of Caylee’s remains. (Let’s remember, Caylee wasn’t officially identified until December 19.)

He started by saying that "thanks to one of our reliable leaks at the Sheriff’s office," he became aware that Casey was taken to the infirmary. The sole purpose of this was so that they could videotape Casey viewing the news report that the body of a child had been found near her family home.

He continued by saying that on December 11, after an appearance in court, he got a call from John Allen saying remains were found near the Anthony home. He was aware that the relationship between law enforcement and the Anthony family was estranged and though Allen wanted him to reach out to them...

State’s Attorney Linda Drane-Burdick asked Baez to narrow the issue. Baez stated that he immediately proceeded to the jail and that he was denied access to Casey and was told he had to wait in the lobby area. After five to ten minutes, someone came down and told him he couldn’t see his client until she was taken down to the medical unit. He said he asked why the medical unit? After another five to ten minutes, someone else said he could see her after she had cleared medical...

My notes become unclear hear because Baez rambled on and on and I could only pick up a phrase here and there. I guess I can let you fill in the blanks in the following comments!

Baez continued, saying that he didn’t want to point a finger... but... law enforcement...

Drane-Burdick interrupted saying he is making "bald face" ...

Baez continued on... there are new issues that could come into play, he wants to depose the people at the jail to find out "how this little game started." His client’s right to have her attorney present, issues of her medical rights.

He said he hadn’t seen the video and wanted time to pursue the issue before it be made public. He said that Casey has a constitutional right to counsel. He needed to do his own investigation first. The release of the video could affect her right to a fair trial.

I think you all have a pretty good idea of what happened.

At this point, Robert Guthrie, and attorney for the County, which runs the jail, spoke. He said that if a person is going to hear bad news, they are taken to the infirmary to await possible counseling. He explained that the waiting room of the infirmary has a fixed camera that runs all the time. In the jail, this is standard operating procedure. He added that the county no longer has a copy of the tape since it tapes over itself every few days.

Drane-Burdick felt there had been no violation of Caey’s HIPPA rights. She stated that the State’s Attorney’s don’t have the tapes yet.

Apparently, the tape is still at the jail and the jail will do what other the court decides.
Judge Strickland said that he had no problem in staying the release of the tape until Baez has the chance to see it. His request may be denied, but he at least should have the opportunity to see it so he can make a reasonable argument why it should not be released. He went on to say that Baez may not even want to file a new motion after seeing the video.

Drane-Burdick pointed out a problematic issue with the tape. If the State obtained the tape and turned it over to Baez, it would become public record. An arrangement was made for Baez to view the video beforehand.

Baez then asked for a reasonable amount of time after viewing the video to file a new motion. He asked for twenty days and the judge gave him twelve days.

At the end of the hearing, the judge asked if the parties would be willing to cover some scheduling issues for the trial. After some discussion, it was decided to set a tentative trial date for October 12 with pre-trial hearing and jury selection to take place about a month prior.

Now, all we can do is wait for Judge Strickland’s decision on the pictures!

Lee Anthony deposition to be public, Jose Baez files motion to block release of "embarrassing" photos of Casey

UPDATE!

February 26, 5:00

As many of you may have heard, Lee Anthony gave his deposition this morning. The Morgan&Morgan law firm will be releasing the video. Until then, here are rough draft transcripts !

Part 1
Part 2

Lee Anthony is scheduled to give his deposition tomorrow morning at 9 AM at the law offices of Morgan & Morgan.

Television cameras will be invited into the downtown courtroom Friday, according to attorney John Morgan.

Morgan said Gonzalez's name was taken in a public forum, so it should not be cleared behind closed doors.

According to Lee's attorney, Thomas Luka, he will not answer questions if media present. The Orlando Sentinel reported that The pair will leave if Keith Mitnik with the Morgan & Morgan law firm allows reporters to attend the interview.

Luka then plans to file a motion to ask the court to keep his client from answering questions in front of the media.

This is going to be one interesting morning! Set your alarm clock!

WESH
Orlando Sentinel

Baez files new motion

A hearing has been scheduled for 4:15 Monday, March 2.

In a Motion For Protective Order, Casey Anthony's attorney, Jose Baez asks that the court to issue a protective order preventing the release of ... Casey's Photobucket images he received on February 25.

Baez states that many of the hundreds, if not thousands of pictures are irrelevant to the case and are only being released with the motive of embarrassing or harassing the Defendant, or at the very least, painting the Defendant in a negative light.

I have to wonder if these are the photographs that the FBI agent mentioned to George during their interview.

According to Baez, Law enforcement has already leaked images throughout this case, many of which were taken long before Caylee Marie Anthony went missing. Additionally, many of theso (sic) images have been used for sensationalizing this case and painting the Defendant in a negative way.

The interesting thing about this statement is that Baez accuses LE of "leaking" the photographs. We all know very well that the photographs on her Photobucket account out in the public weren't leaked at all. In the first days of the case, many people downloaded them directly from Casey's Photobucket! It actually took the media a while to catch on. I can remember all the "bombshells" that were dropping on Nancy Grace days after the internet-savvy public were well aware of them.

Baez goes on to request that the State of Florida choose which pictures that will be used in the trial and not release the remainder of "irrelevant" photographs.

At the end of the motion, Baez has attached a picture of the Casey Doll which is dressed in an American flag to demonstrate what can happen if the remainder of the photographs are released.

This should be one very interesting hearing!

The Case Against Casey Anthony, Waiting for ID of Caylee Marie

Since a meter reader discovered the remains of a small child a short distance from the Anthony home, those who have followed the case have been in a waiting mode. It is an excruciating time. It is Caylee, but until a definitive DNA match is made, no official word will be released.

The Orlando County Sheriff's Department and the FBI have been processing the scene for five days now and there is yet no end in sight. There have been reports that the body was wrapped in a plastic bag and some type of linens which directed the OCSD to get a search warrant for the Anthony House.

THE DEFENSE

The defense team is apparently sticking to the "Zanny did it" theory. Baez representative Todd Black released a statement on Saturday stating that (Casey) Anthony stands by her claim that she dropped off her 2-year-old daughter with a sitter in June and never saw her again. That won't change if it turns out the skull and bones belong to Caylee. "Casey Anthony handed her daughter off to a woman in a park who was with another woman in a car." "Her position and the position of the law firm has been that she handed her child off. ... It would be difficult for a prosecution to absolutely tell a jury that Ms. Anthony is the one who injured the child."

How long this story will be in play would seem to depend on the forensic testing of the evidence found at the scene. George, Lee, and Cindy have already given exclusionary fingerprints and Casey's are on file from her arrests. Aside from the positive identification of the body, the fingerprint results from the black plastic bag and the duct tape found around the head will help to prove or disprove the theory.

Meanwhile, the defense experts are chomping at the bit to get their hands on the crime scene evidence and the child's remains. Judge Stan Strickland ruled at Friday's emergency hearing that it is up to LE to determine when they can take over the crime scene. The OCSD stated at the hearing that they could have it when they and the FBI were finished. As more and more pieces of evidence are found, the further LE has to dig into the soil to find the tiniest of bones, the slightest bit of evidence. The judge also ruled they could not attend the autopsy as the remains had not been officially identified by the FBI lab at Quantico, VA.

After Friday's hearing, we were treated to some pretty annoyed experts. Werner Spitz stated on Geraldo At Large Friday night that, "I have never encountered a situation where I was excluded by another forensic pathologist from doing an autopsy. I wouldn't be doing anything. I would be standing there watching. But I would be watching science and science can not be changed. Why can not I be allowed the same privilege as the state or county medical examiner? I think that's horrendous. I think that has never happened. It should not happen!"

(Thank you, Kitty Malone for the transcription.)

Dr. Henry Lee stated on Nancy Grace that Science is science. It should speak for itself, and it shouldn`t be manipulated. And if it can, then it`s not science. We have qualified people, the best in the business, reviewing this evidence so we will be able to actually verify it independently. And that`s all we`re asking for, nothing more. And we`re not even asking to hide it. We`re allowing them to observe whatever it is we do.

Defense entomologist, Timothy Huntington said the study of insects could determine the time of death, but he said "insect" evidence changes over time and insects could be compromising evidence right now. "The sooner I could get access to that, the better it is and the more accurate it will be,"

At today's hearing, the defense again brought up the need to see photographs of the crime scene now, rather than later. As the Orange County attorney pointed out, the photographers are still working the scene of the crime and are on their hands and knees in the dirt, documenting everything. She does not want to pull them from the active crime scene at this point. Judge Strickland agreed and told the defense they would have to wait to get the photos through the normal discovery proceedings. (See my notes about the hearing in the previous entry.)

At the outset of the hearing, the judge stated that the issue of a second autopsy was moot.

To sum it up, even though this is an unusual case where the defendant has been under indictment for murder before the discovery of the remains, the traditional rules apply. The defense will not be given a jump-start on the evidence. They will have to follow the rules of discovery as in any other case. They will not be allowed to examine the remains until they have been positively identified and turned over to the family.

George and Cindy Anthony

When the remains were discovered, George and Cindy Anthony were in California, having appeared the previous night on The Larry King Show. It's pure karma that Cindy Anthony stated on the program that there was no way that her daughter harmed Caylee. Throughout the program she sited various sightings of the child. She was in the mall in Orlando, she was in California, she had just been sighted in a a grocery store in Tennessee.

When the Anthonys returned from California, they were whisked away to a local hotel. They couldn't go home, it had become a crime scene. The house was thoroughly searched and van loads of evidence was removed from the house. VIDEO

While still in flight, it was announced that George and Cindy had retained a new defense attorney, Bradley Conway. With the departure of Michelle Bart, their second spokesperson, Conway has now also become the family spokesman. Since his appointment, the Anthonys have not made any public comment, except through him.

In a press conference, Conway read a statement from them.

"The last six months have been the hardest six months of our lives and we understand that the ongoing investigation and prosecution of our daughter, Casey, will consume our lives with conflict," Conway read from the statement. "Based on recent developments we are realistic but continue to hope and pray that these remains are not those of our precious granddaughter Caylee Marie."

Conway also broached the subject of possible obstruction charges against the couple.

Conway said he plans to meet with the lead prosecutor and detectives later this week to ask for full immunity for the Anthonys.

Conway admits the Anthonys have made conflicting statements in the past. They will be re-interviewed by investigators. He said, for the next interview they give to authorities, there will not be any conflicting statements.

That is a relief for those of us who have realized all along that what the Anthonys say on TV and to the investigators don't jibe. I'm sure there are many of us who will be anxiously awaiting for these new and improved interviews to become public record.


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