Friday, Judge Stan Strickland held a hearing out of courtesy to the Anthony family and listened to an emotional speech by George Anthony about the grief the release of the autopsy would have for his family. He did not want Caylee's memory "tarnished."
TARNISHED??? There is nothing in the world that could ever tarnish this little angel's memory. What the autopsy could do is tarnish the alleged murderer's reputation!
If you haven't done so, view the raw footage of the hearing supplied by WFTV. Note that after making his ruling to release the reports, Jose Baez got to his feet to request a 48 hour stay so the defense team could consider filing a motion of their own. Denied!
The reports were issued immediately and available to the public within the hour.
Autopsy and related reports, also courtesy of WFTV:
Examination
Skeleton Dispersal
Skeletal Remains
Examination of Bones
The Orlando Sentinel provided the following documents:
FBI Report Forensic Report
Forensic Report on Car Contents
We heard a little bit from Jose Baez concerning his reaction to the release. While not baiting intrepid reporter, Kathi Belich, and speaking Spanish to some reporters, he seemed unconcerned about the results but was a bit concerned about tainting the jury pool. Figure it out for yourself.
Video: Baez reaction
Today, we had some reactions from the defense experts. The Today Show featured a mini-debate between Werner Spitz and Cyril Wecht. Dr. Spitz, the defense forensic pathologist, stated that there was, "nothing that I know to put the lid on this, that tells you that there was a murder here. Everything, as far as I know, is in question." Concerning the duct tape itself, which he has yet to examine, he stated, "When I saw the body, there was no duct tape, there was no evidence of duct tape, there was no evidence of residual glue or adhesive on the bone, there was no evidence to support that conclusion."
I have to wonder if Casey's attorney, Jose Baez has set up his secure server so that his experts can an least view the photographs from the crime scene and autopsy? In the January 8 hearing, there was extensive discussion of the issue. Read the article
The Today Show also had Cyril Wecht review the autopsy report and he came to a totally different conclusion. According to Wecht, "This would be the most likely way you would expect an infant, a young child, to be murdered, namely suffocation. It's easily accomplished, obviously, and would leave no tell-tale marks."
Sprocket suggested that the State's Attorneys review Dr. Spitz's testimony from the Phil Spector trial that just concluded. I would also suggest that they also call Alan Jackson to get the skinny on Dr. Spitz. For those of you who did not follow the Spector trial and have no knowledge of Dr. Spitz, I suggest you read one of Sprocket's entries which reported his performance on direct examination and cross-examination with Mr. Jackson. Read the article
The other defense expert to chime in an opinion was Dr. Lawrence Kobilinski (formerly seen on Nancy Grace). Orlando Sentinel blogger halboedeker posted an article based on a Click Orlando broadcast today. Part of the article included the back-and-forth between Tony Pipitone and Kobilinski:
Jan Garavaglia, the Orange County medical examiner, determined that Caylee's death was a homicide.
Kobilinsky dismissed the finding. "It is not clear how the child died, and if we don't know how the child died, we really can't determine whether or not it was a homicide," Kobilinsky said.
Kobilinsky said there was no evidence of drugs in the child's remains.
But Pipitone noted that only hair and bone could be tested -- and so exposure to drugs couldn't be ruled out.
Kobilinsky noted Caylee's hyoid bone wasn't found and that would have been examined to see if there was strangulation. But Pipitone added that the hyoid bone in a child could be so soft that it might not break in strangulation.
And what of duct tape applied to Caylee's face before decomposition? "That indicates a homicide, not a suicide, not an accidental, not a natural death," Pipitone said.
Kobilinsky disagreed. "That is not necessarily the case," he said. "If, for example, the child died as the result of accidental trauma and then, subsequently, for whatever reason, somebody took the child and did whatever was done involving plastic bags and duct tape."
Yet Pipitone concluded: "Of course, that would be for a jury to decide."
So, my friends, we are getting an interesting view of the defense tactics that will come up in trial. I'm looking forward to your comments!
Monday, June 22, 2009
Thursday, June 18, 2009
Casey Anthony: Hearing Tomorrow, Judge Seals Video
UPDATE!
It was just announced in the Orlando Sentinel that Casey Anthony will not attend the hearing tomorrow.
Judge Stan Strickland ruled yesterday that the jail video of Casey Anthony will be sealed. In his ruling, Strickland said, "While the Court is loathe to shield any public record, an argument can certainly be made that the contents of the video are highly inflammatory."
While this is a victory for the defense, I hope Jose Baez realizes that this decision came as a double-edged sword. When Strickland writes that "... it is not unreasonable to assume that many persons in the potential jury pool might view this video and develop a "hardened" attitude in reference to the defendant's guilt," he is clearly stating that when he viewed the video, it seemed to make Casey appear guilty.
While I would love to see the video, I've read enough depositions and interviews of jail employees to have a pretty good idea as to what is in it. Obviously, Strickland saw some pretty incriminating behavior in the video. The wording he used is extremely strong and is very damning to the defense.
I must also add that I am relieved there was no additional hearing on the issue. I don't know how much more I could have taken of Todd Macaluso thundering on and on about how poor Casey had suffered from "cruel" treatment at the hands of the jail employees.
Perhaps Baez can now drop his efforts at deposing the jail employees and start deposing witnesses in the criminal trial.
It has also been announced that Judge Strickland will hold a hearing tomorrow on Brad Conway's motion to seal the autopsy report. While citing no legal precedent, Conway, on behalf of George and Cindy Anthony tells the judge:
The information contained within the report will cause great anguish to the Anthony family, still struggling with the loss of their only granddaughter. (4)
Releasing the autopsy report to the media at this point in time causes endless comment and speculation in the media and public forums, such as the internet. The publication of these results has already been the topic of countless television programs despite the fact that the actual autopsy report has not been released. (6)
I'll again state that I'm no legal expert, but those seem to be pretty thin arguments for keeping what are normally public records under seal. It will be interesting, however, to hear how Mr. Conway argues this to the Court. Since Jose Baez is not party to the motion, I also wonder if he and Casey will be in attendance at the hearing.
See you all at the hearing tomorrow!
Article
Video (WFTV's Bill Sheaffer's commentary on Judge Strickland's ruling.)
UPDATE: : June 19, 2009
In a hearing this morning Judge Strickland ruled that the autopsy report will be released to the public. It's already up on several media web sites. Sprocket.
It was just announced in the Orlando Sentinel that Casey Anthony will not attend the hearing tomorrow.
Judge Stan Strickland ruled yesterday that the jail video of Casey Anthony will be sealed. In his ruling, Strickland said, "While the Court is loathe to shield any public record, an argument can certainly be made that the contents of the video are highly inflammatory."
While this is a victory for the defense, I hope Jose Baez realizes that this decision came as a double-edged sword. When Strickland writes that "... it is not unreasonable to assume that many persons in the potential jury pool might view this video and develop a "hardened" attitude in reference to the defendant's guilt," he is clearly stating that when he viewed the video, it seemed to make Casey appear guilty.
In part 3, the judge also states that, "It is at least a possibility that the video in question will never be shown to the jury that decides this matter. While that can be said of other items disclosed as well, no other item comes to mind that would carry a similar inflammatory impact."
While I would love to see the video, I've read enough depositions and interviews of jail employees to have a pretty good idea as to what is in it. Obviously, Strickland saw some pretty incriminating behavior in the video. The wording he used is extremely strong and is very damning to the defense.
I must also add that I am relieved there was no additional hearing on the issue. I don't know how much more I could have taken of Todd Macaluso thundering on and on about how poor Casey had suffered from "cruel" treatment at the hands of the jail employees.
Perhaps Baez can now drop his efforts at deposing the jail employees and start deposing witnesses in the criminal trial.
It has also been announced that Judge Strickland will hold a hearing tomorrow on Brad Conway's motion to seal the autopsy report. While citing no legal precedent, Conway, on behalf of George and Cindy Anthony tells the judge:
The information contained within the report will cause great anguish to the Anthony family, still struggling with the loss of their only granddaughter. (4)
Releasing the autopsy report to the media at this point in time causes endless comment and speculation in the media and public forums, such as the internet. The publication of these results has already been the topic of countless television programs despite the fact that the actual autopsy report has not been released. (6)
I'll again state that I'm no legal expert, but those seem to be pretty thin arguments for keeping what are normally public records under seal. It will be interesting, however, to hear how Mr. Conway argues this to the Court. Since Jose Baez is not party to the motion, I also wonder if he and Casey will be in attendance at the hearing.
See you all at the hearing tomorrow!
Article
Video (WFTV's Bill Sheaffer's commentary on Judge Strickland's ruling.)
UPDATE: : June 19, 2009
In a hearing this morning Judge Strickland ruled that the autopsy report will be released to the public. It's already up on several media web sites. Sprocket.
Monday, June 15, 2009
Ayres' Trial Watch: Another Defense Speedbump—Denied!
Cover of "Coming of Age"—a book found in Ayres' filesA minor speedbump was averted in the Redwood City courtroom today when a motion by Dorn Weinberg to have evidence excluded was denied.
Weinberg wanted the testimony of one victim disallowed because (so says Wineberg) that what happened to the youngster was not groping—the victim is prepared to testify that the good doctor stood behind him and used the "back of his hand" to grope him.
Definition of grope: Pronunciation: \ˈgrōp\ Function: verb Inflected Form(s): groped; grop·ing Etymology: Middle English, from Old English grāpian; akin to Old English grīpan to seize Date: before 12th century intransitive verb 1 : to feel about blindly or uncertainly in search (grope for the light switch) 2 : to look for something blindly or uncertainly (grope for the right words) 3 : to feel one's way transitive verb 1 : feel up 2 : to find (as one's way) by groping.
As I wrote on the William Ayres Watch blog comments, I don’t see anywhere that groping means palm toward the object/item being groped. Nor can I in all of my years of practice as an RN recall a physician giving a physical exam with the back of his hand …
Later in the day, the prosecution moved to have three illustrated books that were found in Ayres’ storage locker introduced into evidence. The books are thought to be antique medical or pseudo-medical books. One book is called “The Sex Book” and has a picture of naked children on the cover. Certainly the defense will go nuts over this one!
Jury selection resumes tomorrow. Opening arguments are scheduled to begin Tuesday, June 23. There is no new news regarding the banishment of reporter Victoria Balfour, who was instrumental in getting victims to come forward in this case, from the courtroom.
Please check out the William Ayres Watch blog, and its most recent entry.
Week 3, Day 1 - Weinberg Attempts to Split Hairs on "Groping"
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