Casey In Court As Judge Denies Defense Request to appoint a magistrate to oversee expert witness inspection of evidence in the case.

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Post by Wrapitup on Thu Jul 01, 2010 5:40 pm

POSTED: Thursday, July 1, 2010
UPDATED: 5:37 pm EDT July 1, 2010

ORLANDO, Fla. -- Casey Anthony's defense team wants the judge to appoint a magistrate to oversee expert witness inspection of evidence in the case.

IMAGES: Letters | Hearings | Party | Family
PDF: Defense Motion [You must be registered and logged in to see this link.]

The defense filed the emergency motion Thursday and Judge Belvin Perry scheduled a hearing for 1:30 p.m. Friday.

The defense said it is flying in a team from across the county to inspect documents and evidence in the murder case which are in the possession of the Orange County Sheriff's Office.

"Counsel believes that allowing the officials from the Sheriff's Office to be present while counsel and expert witnesses inspect the items of evidence would unfairly subject statements made between counsel and the expert witnesses to discovery, creating an unfair prejudice against the defendant in her preparation for trial," the motion said.

The defense wants the inspection to take place on July 13 and 14.

A courthouse official said Anthony will be present for the hearing. She has not appeared in court since falling and injuring herself in a courthouse elevator in June.
Anthony is charged with first-degree murder in the death of her daughter, Caylee Anthony. Caylee was 2 years old when she was reported missing in June 2008. Her remains were found in a wooded area near the Anthony family's east Orange County home.

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Last edited by Wrapitup on Fri Jul 02, 2010 2:41 pm; edited 3 times in total

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Normal Re: Casey In Court As Judge Denies Defense Request to appoint a magistrate to oversee expert witness inspection of evidence in the case.

Post by Wrapitup on Thu Jul 01, 2010 5:41 pm

Casey To Attend Emergency Hearing Friday

Posted: 5:38 pm EDT July 1, 2010
Updated: 5:49 pm EDT July 1, 2010

ORLANDO, Fla. -- Casey Anthony will be back in court Friday afternoon for an emergency hearing, WFTV learned Thursday. The defense wants its experts to see evidence at the sheriff's office without the supervision of the state.

The hearing is scheduled the begin at 1:30pm. WFTV.com will have it live online.

WFTV also reviewed the list of new witnesses who will be brought in to help defend Casey Anthony. Casey's parents and brother are on the list, too.

Casey's parents told investigators her car smelled like a dead body. Investigators found maggots and coffin flies in her trunk, which they say shows Casey put Caylee Anthony's lifeless body in there before bagging it and leaving her body in the woods.

The defense has hired forensic entomologist Dr. Timothy Huntington, a Nebraska professor, to refute that damning evidence.

“The forensic evidence in this case will come down to a battle of the experts,” WFTV legal analyst Bill Sheaffer said.

Cadaver dogs alerted on Casey's trunk and in the Anthony's back yard. Now, the defense lists witness Dr. Kenneth Furton, a Florida International University chemistry professor, who is listed as an expert in the use of dogs to detect human remains.

Once Caylee's remains were found in the woods near her house, investigators found a lot more evidence. They even documented how tall the plants were that were growing amid Caylee's remains.

Colorado biologist Dr. Jane Brock, who is listed as an expert in analyzing plant evidence at crime scenes, is on the defense witness list along with Canadian professor Dr. Scott Fairgrieve, who has researched human skeletal biology and torture. Duct tape was found layered over Caylee's face, which prosecutors say would have prevented her from breathing.

Sheaffer says jurors are tougher on defense experts.

“A defense expert is getting paid to come down, getting paid to testify, getting paid to reach the conclusions they reach,” Sheaffer said.

Friday, the defense will try to convince the judge to appoint a special magistrate to supervise its experts when they examine the evidence so no defense secrets are divulged to prosecutors.

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Normal Re: Casey In Court As Judge Denies Defense Request to appoint a magistrate to oversee expert witness inspection of evidence in the case.

Post by Guest on Thu Jul 01, 2010 9:03 pm

As long as a neutral magistrate is present. So what if they look at the evidence. Sarcasm
It won't help them.
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Post by artgal16 on Fri Jul 02, 2010 12:15 pm

ok good I didnt see this thread
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Post by Wrapitup on Fri Jul 02, 2010 12:17 pm

You can watch live at:

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Normal Re: Casey In Court As Judge Denies Defense Request to appoint a magistrate to oversee expert witness inspection of evidence in the case.

Post by Wrapitup on Fri Jul 02, 2010 12:18 pm

artgal16 wrote:ok good I didnt see this thread
no problemo. It can get confusing with "Not Mom". :scratch:

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Post by frogs on Fri Jul 02, 2010 1:08 pm

Dr. Lee does have a history of "losing" evidence. I wouldn't trust him or any of the defense team to be left alone with the evidence. I don't have a problem with the special magistrate other than his payment...those poor Florida taxpayers will be paying even more on the defense's losing battle.
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Post by Wrapitup on Fri Jul 02, 2010 1:11 pm

I agree, Frogs.

LMAO, Perry says there is "some discomfort" between the two parties. He is going to deny this.

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Post by frogs on Fri Jul 02, 2010 1:14 pm

yes, Judge Perry is quite tactful!
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Post by frogs on Fri Jul 02, 2010 1:21 pm

Baez is whining about the letters! ugh!
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Post by frogs on Fri Jul 02, 2010 1:24 pm

oh puleeze! now he's saying he wants to talk to ALL of the idiots who wrote to KC! DELAY, DELAY, DELAY!!! omg
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Post by frogs on Fri Jul 02, 2010 1:25 pm

JAIL IS COLLUDING WITH LAW ENFORCEMENT! am I really hearing this?!?
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Post by Wrapitup on Fri Jul 02, 2010 1:31 pm

"Bear in mind" was awesome!!!

I bet this is nothing compared to the actual trial. I love when he said he will be available on the days of looking at the evidence, he is available.

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Post by Wrapitup on Fri Jul 02, 2010 1:33 pm

They are asking for $260.00??? Give me a break!! Maybe Big Al will send it to Casey.

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Post by Wrapitup on Fri Jul 02, 2010 1:35 pm

I would love to know what LDB and Bozo are discussing after the hearing.

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Post by frogs on Fri Jul 02, 2010 1:40 pm

If the letters weren't released Baez would have claimed they were exculpatory evidence. Since they were released, he now has to question everyone who wrote. Cut me a break. These letters (other than maybe G+C's) will not be used as evidence. And the defense team knows this. Yet another attempt at stalling.
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Normal Casey In Court As Judge Denies Defense Request

Post by Wrapitup on Fri Jul 02, 2010 1:40 pm

Posted: 5:38 pm EDT July 1, 2010
Updated: 2:29 pm EDT July 2, 2010

ORLANDO, Fla. -- Casey Anthony was back in court for an emergency hearing Friday afternoon as Casey's defense team asked an Orange County judge to appoint a third party to monitor its experts as they examine the evidence. Judge Belvin Perry, though, citing no previous cases to support such a ruling declined the defense's request less than an hour into the hearing.

WATCH LIVE: Casey In Court At 1:30pm
CASEY WALKS IN: See Images | Raw Video
COURTROOM PICS: Attorneys, Casey, Family In Court
DOCUMENT: Defense's Motion For Hearing
VIDEO REPORT: Emergency Hearing Friday

Casey walked into the courtroom (watch video | see images) just after 1:30pm wearing a light blue, short-sleeve, button-down shirt and black slacks. She sat at a table next to her attorney, Jose Baez. Also in the courtroom were Cindy Anthony and Anthony family attorney Brad Conway (see images).

Normally, investigators with the sheriff's office would oversee the defense examination of evidence, but Casey's lawyers don’t want them there.

“What we are actually trying to get to the heart of is to properly and effectively examine the evidence in this case,” Baez said Friday to start his argument on their motion.

This is a very unusual, if not unprecedented, request by the defense to make the sheriff's office leave its own building, where the evidence is kept, so the defense experts can have privacy in examining the evidence. The defense has lost in its bid to win privacy at the Orange County jail, which is also a public facility.

“It is just an inspection [of evidence],” Baez said, addressing Chief Judge Belvin Perry’s question of whether they were just planning to inspect or actually test evidence.

The defense filed a motion Thursday asking for an emergency hearing Friday to try to convince Judge Perry to appoint a "special master" to supervise at the Orange County Sheriff's Office in place of sheriff's detectives while defense experts examine and analyze the evidence next month.

“With the narrow request we’ve asked for, if both sides can work together, I don’t think it would be unreasonable,” Baez told Judge Perry.

Casey's lawyers say their experts will converge on Central Florida all at the same time, July 13 and 14, from all over the world and they want their privacy.

“In no way, shape or form is it our desire to restrict their access to this evidence,” prosecuting attorney Linda Drane-Burdick told the judge after Baez concluded his initial arguments.

Drane-Burdick then pointed out to the judge that there are facility issues, including having enough space for all their experts (at least four, plus counsel), and challenges with having all the evidence in question in the same place.

"The inspection itself can be videotaped," Drane-Burdick said. “The concern that I have is how they want to handle this evidence."

Drane-Burdick argued that the state has made efforts to provide the evidence in ways that would have allowed the defense access, but said those efforts either fell through or were rejected.

“We are not endeavoring to restrict their access,” Drane-Burdick concluded her initial arguments. “We just want to make sure it is done in the appropriate way.”

Baez then responded to the prosecution's arguments, suggesting that the volume of evidence isn't as great as the prosecution suggested when it argued that it would be difficult to provide all in one place. Baez also shot back at the prosecution's concern about being able to provide a sufficient space before Baez returned to the argument of the defense having privacy.

“We have struggled for privacy in the defense from the very beginning. My client can’t do a thing without it becoming public,” Baez argued, somehow connecting this issue of privacy with their demand to view evidence in private. “She can’t order a bra without it becoming public. I can’t meet with her without it being videotaped. She can’t receive letters without it being public. It has gotten to the point where it has choked our abilities to defend her in the proper matter.”

After Baez's response, the state chose to make no further comments.

“Last night, I did check to see if I could find any cases. I also had some of the staff attorneys see if they could find any reported cases,” Judge Perry told the court. “There are no reported cases.”

Judge Perry then touched on what he views as personal issues instigating this situation.

“What it sounds like to me is there is some discomfort between the two sides about certain things dealing with evidence and certain things dealing with personalities. While this case is a very important case, it’s like the hundreds of other cases that has occurred involving homicides and the court has no control over what the news media considers newsworthy or what the news media does not consider to be newsworthy,” Judge Perry said. “The defense under our rules of discovery and under the 6th Amendment of the United States Constitution has a right to inspect this evidence.”

Judge Perry then ordered that the sheriff’s office will have to find an air conditioned space sufficient for the inspection of the evidence and that the defense will have to give a detailed list of what they want to inspect. Judge Perry said a representative of the sheriff’s office and the state can be present.

“I’m also requiring that there should be an area close by when they look at an item they are free to go to an adjacent room and they are free to discuss anything they want ,” Judge Perry said, adding that video taping of the opening, closing and inspection of evidence is allowed, but no audio of video recording is allowed in the aforementioned adjacent room.

Judge Perry said Baez must turn in his list of requested evidence to the state by July 8.

“I will have someone in my office to answer my phone during that entire day [of the inspection],” Judge Perry said. “So, if something comes up, I can be reached to mediate any disputes.”

One of the defense experts, Dr. Henry Lee, was chastised by a California judge for apparently losing key prosecution evidence in Phil Spector's first murder trial. It ended in a mistrial after Dr. Lee apparently misplaced the tip of the victim's fingernail, which could have shown she was fighting for her life.


WFTV REVIEWS LIST OF NEW WITNESSES

WFTV reviewed the list of new witnesses who will be brought in to help defend Casey Anthony. Casey's parents and brother are on the list, too.

Casey's parents told investigators her car smelled like a dead body. Investigators found maggots and coffin flies in her trunk, which they say shows Casey put Caylee Anthony's lifeless body in there before bagging it and leaving her body in the woods. The defense has hired forensic entomologist Dr. Timothy Huntington, a Nebraska professor, to refute that damning evidence.

“The forensic evidence in this case will come down to a battle of the experts,” WFTV legal analyst Bill Sheaffer said.

Cadaver dogs alerted on Casey's trunk and in the Anthony's back yard. Now, the defense lists witness Dr. Kenneth Furton, a Florida International University chemistry professor, who is listed as an expert in the use of dogs to detect human remains.

Once Caylee's remains were found in the woods near her house, investigators found a lot more evidence. They even documented how tall the plants were that were growing amid Caylee's remains.

Colorado biologist Dr. Jane Brock, who is listed as an expert in analyzing plant evidence at crime scenes, is on the defense witness list along with Canadian professor Dr. Scott Fairgrieve, who has researched human skeletal biology and torture. Duct tape was found layered over Caylee's face, which prosecutors say would have prevented her from breathing.

Sheaffer says jurors are tougher on defense experts.

“A defense expert is getting paid to come down, getting paid to testify, getting paid to reach the conclusions they reach,” Sheaffer said.

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Normal Re: Casey In Court As Judge Denies Defense Request to appoint a magistrate to oversee expert witness inspection of evidence in the case.

Post by frogs on Fri Jul 02, 2010 1:43 pm

One thing's for sure. Baez loves playing for the camera.
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Post by jeanne1807 on Fri Jul 02, 2010 3:29 pm

Sounds to me like Judge Perry has become babysitter to the whiney Baez.

I can't believe we have another year of this foolishness.

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Post by artgal16 on Fri Jul 02, 2010 3:37 pm

I couldnt watch it all, but I did see George not there again today. I wonder if Casey has taken a vow not to cut her hair until she is freed. Kathy Belich reported on wftv.com
after the hearing that Casey mouthed the words I love you to her Cindy as she was leaving the court, but I didnt catch that on the video. Over at wordpress whoever writes the blog
JBMission must be someone in Casey's camp, today they called Judge Perry stupid.
I havent had a chance to post a reponse but I think Judge Perry is brilliant! He cut Baez off at the legs at the end, when he said there is no presumption of privacy and he also didnt have jurisdiction over the OC Sheriffs office policies -which Baez full well knows. Where was
Cheney Mason today? I wonder who will be next to leave the defense.
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Post by Wrapitup on Fri Jul 02, 2010 8:43 pm

I have to say that I thought even though what Bozo was saying, he said it well. I think he has a lot more confidence and I can't figure it out. That being said, the requests he was making were ridiculous.

I adore Judge Perry. He is far from stupid. Whoever said that doesn't have a brain in their head and personally, I wouldn't waste my time with them.

My favorite part was when he told Bozo "bear in mind" he had not had a lot of sleep. Paraphrasing. Also, he said he would be available to the defense and the State the two days the defense looks at the evidence. No talking while looking at the evidence on the recorder. Loved it!!!!

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