~The Case Against Casey Anthony~ January 2011

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Normal ~The Case Against Casey Anthony~ January 2011

Post by artgal16 on Wed Dec 22, 2010 8:36 pm

A prosecutor in the Casey Anthony case wants the judge to punish defense lawyers, saying they failed to follow a court order requiring them to provide detailed information about the upcoming testimony of expert witnesses.

In a newly filed motion, Assistant State Attorney Jeff Ashton argues the defense team is "in deliberate non-compliance with the court's order as to certain of their listed experts and that sanctions to address the non-compliance are necessary."

Ashton notes that the defense has said expert Dr. Henry Lee "will render opinions on…crime scene analysis, collection and preservation as well as recovery."

But he says the defense team's inability to summarize so-called "false claims" by crime scene investigators that Lee will rebut "is disingenuous and just plain laughable."

"If Dr. Lee has no opinions that would impeach the testimony of any witness, then compliance with this court's order would require a statement to that effect," Ashton argued. "If he has relevant opinions, the court's order requires that they be listed and the facts supporting them be clearly stated."

Ashton also questions what opinions Dr. Werner Spitz would offer and whether they differ from those of Orange-Osceola Chief Medical Examiner Jan Garavaglia.

Likewise, Ashton questions what defense experts Kathy Reichs and William Rodriguez will state to "'rebut false claims raised by the State's forensic anthropologists,' which cannot be known until they testify. Again a disingenuous and laughable claim."

"The intent of the defense to defy the authority of this court to issue orders of discovery is crystal clear," Ashton wrote.

Jose Baez, one of Casey Anthony's defense lawyers and the attorney who has addressed the court on this issue, had no immediate comment on Ashton's motion. Instead, Baez said the defense will file its response formally in court.

The Ashton motion also questions the testimony of DNA expert Richard Eikelenboom.

"Once again, it is impossible to determine which of the over thirty experts and a dozen crime scene technicians that the witness will allegedly rebut," Ashton says. "The excuse provided is laughable and indicative of the deliberate attempt to flaunt the rules and intent of discovery and this court's order."

He adds that with all the witnesses mentioned in his motion "the information provided is in fact no information at all. It is impossible to depose and prepare for testimony to be provided by these witnesses with the information currently provided by the defense."

Ashton noted that Florida rules of criminal procedure allow the court to prevent parties from calling witnesses or introducing certain evidence if they fail to follow discovery rules. He also cites rules stating an attorney can be subject to "contempt proceedings" and costs by violating discovery rules.

Ashton says the state will reserve its request for specific sanctions until a hearing is held, but noted that any sanction should enable the state to prepare for trial in a timely way; ensure that the defense will "refrain from future violations of discovery;" and protect Casey Anthony's "right to a fair trial and an adequate defense."

Casey Anthony is accused of killing her 2-year-old daughter in 2008. Anthony is charged with first-degree murder in Caylee Marie's death. She remains held without bail at the Orange County Jail. Her trial is scheduled for May.

Ashton filed a separate response to the court order to provide information about certain expert witnesses for the prosecution. In the response, Ashton says 36 of the state's 38 expert witnesses have submitted reports or co-signed reports about their testimony and opinions.

The remaining two who have not are Christine Ballard and David Bogart.

Ballard is a graduate student working for another expert in the case. Her expertise is forensic anthroplogy. She will testify about the creation of a "video superimposition involving a photograph of Caylee Anthony in life, a photograph of her skull and a photograph of the duct tape found with her skull," the document states.

Bogart is an expert in radio frequency engineering. He will testify about the "interpretation of movement and usage patterns of the defendant's mobile phone," according to the response.

Bogart's work is similar to that of another witness, and Ashton said a report will be provided when complete.

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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by artgal16 on Wed Dec 22, 2010 8:39 pm

Now we will see just how tough Judge Perry is going to be. He was extremely specific about Baez getting this information to the State. Baez in his incompetence
or just downright stupidity has not done the courts order. I believe Perry will place sanctions against the defense for this.
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by jeanne1807 on Wed Dec 22, 2010 9:43 pm

Is there any way to find out Judge Perry's record?

Information such as how he runs his courts and if he has a lot of appeals that win on his cases.

I think that would be very good information on this judge.

My opinion is that he is very thorough and a very good judge. I just would like to have that backed up with facts.
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by lisette on Wed Dec 22, 2010 9:48 pm

I am really getting worried that KC will get off on appeal for incompetent defense counsel. Maybe this is the plan..for Bozo to appear incompetent. umno Bozo really is that stupid. He is absolutely no match for Ashton and LDB...They seem to be very knowledgeable of the law and very professional.
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by artgal16 on Wed Dec 22, 2010 10:06 pm

I believe this is a very big deal - I know Baez is incompetent but Cheney is a well respected lawyer - I think Cheney is phoning it in so to speak - Baez is the lead and Judge Perry made it very clear in court they had a deadline to get this paperwork in order. I think Perry will have to sanction Baez or risk looking weak.
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by Wrapitup on Thu Dec 23, 2010 7:47 am

Bozo knows he is non compliant and doesn't care. He is stalling as long as possible and I think it has a lot to do w/Dr. Lee who I think bailed on them, as did LKB and the Death Angel or whatever she is called.

Lisette, you have a good point but as Artgal said, they do have Cheney and that other gal who looks & dresses like a man. I am sorry...names are escaping me.

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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by artgal16 on Thu Dec 23, 2010 9:51 am

It was never a question of if, but of "when" and "how often" when it came to prosecutors having enough of the Casey Anthony nightmare defense team.

The Orlando Sentinel is reporting what may be the first in a long line of requests for the judge to issue sanctions against the defense.

Having long endured juvenile and silly taunts from Jose Baez, as well as outright lies about emails, phone calls, discussion, picking up or paying for copies, and so on, the prosecution now has formally asked the judge to say "no mas" to Jose Baez.

Judge Perry has bent over backwards in tolerating the blunderings of the inexperienced Baez, likely with one eye upon the inevitable appeal. At times, Perry has lectured Baez on some of the 101's of filing or court room behavior. This time, however, Perry may do more than issue the school house lectures we've become accustomed to hearing.

Ashton appears to have reached his limit of patience with the bumbling bluffs of Baez and uses strong language to say so.
From the Sentinel:

A prosecutor in the Casey Anthony case wants the judge to punish defense lawyers, saying they failed to follow a court order requiring them to provide detailed information about the upcoming testimony of expert witnesses.

In a newly filed motion, Assistant State Attorney Jeff Ashton argues the defense team is "in deliberate non-compliance with the court's order as to certain of their listed experts and that sanctions to address the non-compliance are necessary."

Ashton notes that the defense has said expert Dr. Henry Lee "will render opinions on…crime scene analysis, collection and preservation as well as recovery."

But he says the defense team's inability to summarize so-called "false claims" by crime scene investigators that Lee will rebut "is disingenuous and just plain laughable."Note the language used. Ashton shows that the statements of the defense are beneath argument. Normally, this might be something that raises the question of why prosecution isn't sticking to the argument at hand. But if you've been listening to the claims of Baez for the past 2 years, you may likely share Ashton's opinion.

Baez has long promised startling new evidence to show that Caylee is alive; as well as promising startling new evidence to show that someone else killed Caylee, in case she is not alive.

How does Prosecution answer such without losing patience?

It may be time for Judge Perry to say "enough, now" to the defense.

This is another indication that prosecution may not be agreeable to any plea bargain that the defense might seek.

"If Dr. Lee has no opinions that would impeach the testimony of any witness, then compliance with this court's order would require a statement to that effect," Ashton argued. "If he has relevant opinions, the court's order requires that they be listed and the facts supporting them be clearly stated."
Ashton also questions what opinions Dr. Werner Spitz would offer and whether they differ from those of Orange-Osceola Chief Medical Examiner Jan Garavaglia.

This equates to calling Baez' bluff. Baez long bluffs, with the sophistication of an 8 year old learning poker, and is, with the exception of WFTV, mostly ignored. Not so here.
Likewise, Ashton questions what defense experts Kathy Reichs and William Rodriguez will state to "'rebut false claims raised by the State's forensic anthropologists,' which cannot be known until they testify. Again a disingenuous and laughable claim."

The repetition shows sensitivity; likely restraint that has lost strength.
"The intent of the defense to defy the authority of this court to issue orders of discovery is crystal clear," Ashton wrote.

Here we have a strong reminder to the Judge that at some point, his leniency is being taken advantage of by Baez.

People will ask: will Baez have a license to practice law when all is said and done?
Jose Baez, one of Casey Anthony's defense lawyers and the attorney who has addressed the court on this issue, had no immediate comment on Ashton's motion. Instead, Baez said the defense will file its response formally in court.

He likely has to ask Mason to write a reply for him, (after explaining to Baez what it means)
The Ashton motion also questions the testimony of DNA expert Richard Eikelenboom.

"Once again, it is impossible to determine which of the over thirty experts and a dozen crime scene technicians that the witness will allegedly rebut," Ashton says. "The excuse provided is laughable and indicative of the deliberate attempt to flaunt the rules and intent of discovery and this court's order."

note that "flaunt the rules" comes before "intent of discovery" and "this" court's order. This is language that attempts to heighten the pressure upon the Judge to put a stop to the circus like claims made by Baez. Baez may not realize that he is in for a fight come May.

He adds that with all the witnesses mentioned in his motion "the information provided is in fact no information at all. It is impossible to depose and prepare for testimony to be provided by these witnesses with the information currently provided by the defense."

This may be in response to phantom witnesses who will testify to phantom events. It is similar to the relatives from Ohio who haven't seen Casey since she was 2 or 3 years old, but will testify when the death penalty phase comes.

Ashton noted that Florida rules of criminal procedure allow the court to prevent parties from calling witnesses or introducing certain evidence if they fail to follow discovery rules. He also cites rules stating an attorney can be subject to "contempt proceedings" and costs by violating discovery rules.

How long until the word "contempt" is heard again?
Ashton says the state will reserve its request for specific sanctions until a hearing is held, but noted that any sanction should enable the state to prepare for trial in a timely way; ensure that the defense will "refrain from future violations of discovery;" and protect Casey Anthony's "right to a fair trial and an adequate defense."

This cuts to the heart of the fears of many seeking justice: that Jose Baez, the clown prince of Florida attorneys, will trip, stumble and fall so badly that Casey will be given a mistrial based upon ineffectual defense. Some have said that the bar is set so high, that an attorney must "pretty much fall asleep during the trial" in order to have a mistrial declared by ineffectual trial (or appeal).

Casey Anthony would have gotten a better defense had Baez fallen asleep and said nothing rather than being alert and speaking.

This same principle goes for Cindy Anthony.

There was an opportunity for her to garner public sympathy for "grieving" and "loving" grandparents, but instead, the thirst for money and fame caused Cindy to seek out the media, who responded in kind, but asked questions that Cindy did not like.

True to form, Cindy and company resorted to the same level of lying as Casey did.

If Casey invented a babysitter, Cindy swore that the babysitter had a dog.
If Casey invested the nanny, George gave her a "perfect 10" description.
If a polygraph was to be administered to get to the truth in order to recover Caylee, uncle Lee was there to thwart it and make sure that no one in his family was polygraphed.

They revealed their own characteristics which were remarkably similar to Casey's own and the public despised them.

Cindy hurt Casey's case, just as Baez did.

"I don't, you know, sit at home and cry at night over what the prosecutors say about me", Baez said.

We know, via negation, that this is exactly what Baez did.

It didn't bring him any sympathy either.

Casey Anthony is accused of killing her 2-year-old daughter in 2008. Anthony is charged with first-degree murder in Caylee Marie's death. She remains held without bail at the Orange County Jail. Her trial is scheduled for May.

Ashton filed a separate response to the court order to provide information about certain expert witnesses for the prosecution. In the response, Ashton says 36 of the state's 38 expert witnesses have submitted reports or co-signed reports about their testimony and opinions.

The remaining two who have not are Christine Ballard and David Bogart.

Ballard is a graduate student working for another expert in the case. Her expertise is forensic anthroplogy. She will testify about the creation of a "video superimposition involving a photograph of Caylee Anthony in life, a photograph of her skull and a photograph of the duct tape found with her skull," the document states.

Bogart is an expert in radio frequency engineering. He will testify about the "interpretation of movement and usage patterns of the defendant's mobile phone," according to the response.

Bogart's work is similar to that of another witness, and Ashton said a report will be provided when complete.
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by artgal16 on Thu Dec 23, 2010 1:10 pm

I do not understand Cheneys taking such a low key in this whole thing. Hes a good lawyer - I bet you he wants to quit too! Can he I wonder?
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by lisette on Thu Dec 23, 2010 3:43 pm

artgal, I too think that Cheney rues the day that he hooked up with Bozo and wishes that he could get out. Don't know if he will or not, but I bet he would love to.
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Normal Baez files motion asking Judge Perry to change his mind about sanctions!

Post by artgal16 on Tue Jan 11, 2011 4:39 pm


ORLANDO, Fla. -- Casey Anthony's defense team has filed a motion asking for Judge Belvin Perry to reconsider his order that sanctioned the defense and levied a fine of more than $500.

On Jan. 6, Perry issued an order that said the defense had committed a willful violation of a court order by not submitting proper documentation of the subject matter of what its experts would testify to when the murder trial begins in May.

In that order, Perry fined the defense $583.73. That cost was the state's estimate of costs for filing the motion that asked for sanctions. Baez had until Tuesday to contest the amount or until Thursday to pay the court.

Perry's order said that the defense had 10 days as of Jan. 6 to submit the report from one of its expert witnesses, Dr. Kenneth Furton, and 20 days for the remaining experts.

Perry said that all opinions not expressed in the written reports will not be allowed at the trial.

Prosecutor Jeff Ashton had suggested that Jose Baez be sanctioned with civil contempt and be fined $500 per day for not complying with the court.

The defense's filing on Tuesday also asks for the court to vacate a finding of contempt.

A hearing in the case is scheduled for Friday. WESH.com will provide live coverage.
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I think Baez is really starting to lose it!
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by lisette on Tue Jan 11, 2011 5:33 pm

I bet JP will reconsider. I mean,afterall, there was no evidence that Bozo didn't do what he was supposed to...Oh, wait...There were those sarcastic emails and the time stamp on the late filings. Maybe JP will forget about those...I- don't- think- so! Sarcasm la la la
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by CritterFan1 on Tue Jan 11, 2011 7:21 pm

I think Bozo has begun to lose whatever "smarts" he had, before hooking up with KC and company as her lawyer. I would lose it too if I had to be involved with a fool and murderer like KC. Pls Lord, let KC be found guilty and for Bozo to maybe have a little rest somewhere quiet.
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by Guest on Tue Jan 11, 2011 7:32 pm

lisette wrote:I bet JP will reconsider. I mean,afterall, there was no evidence that Bozo didn't do what he was supposed to...Oh, wait...There were those sarcastic emails and the time stamp on the late filings. Maybe JP will forget about those...I- don't- think- so! Sarcasm la la la
:lol!: ❤
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by raine1953 on Tue Jan 11, 2011 7:55 pm

lisette wrote:I bet JP will reconsider. I mean,afterall, there was no evidence that Bozo didn't do what he was supposed to...Oh, wait...There were those sarcastic emails and the time stamp on the late filings. Maybe JP will forget about those...I- don't- think- so! Sarcasm la la la

ROFLMAO ROFLMAO ROFLMAO ROFLMAO ROFLMAO ROFLMAO ROFLMAO ROFLMAO ROFLMAO
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by lisette on Wed Jan 12, 2011 6:10 pm

Deleted.


Last edited by lisette on Sun Jan 16, 2011 8:17 pm; edited 1 time in total
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by Lilone on Thu Jan 13, 2011 9:05 am

J. Cheney Mason's motion to reconsider sanctions cracks me up. He may actually find himself in contempt. After all, a deadline is a deadline. Excuses, excuses, and more excuses won't change the facts. Next thing we know, Duh-fense will be asking Judge Perry to recuse...
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by Lilone on Thu Jan 13, 2011 9:09 am

I don't think Perry will buy into this bs... After all, the only excuse the defense seems to have is that they had a Dec. 14 deadline to present documents on 2 (two) experts but it took them a long time because they decided to present documents on 10 (ten) experts instead and it ended up being 300 pages which they couldn't email so they rushed them downtown but got caught up in traffic and arrived at the courthouse at 5:02 and couldn't get in, and so had to push their responsibility off onto someone else, and it didn't get filed until the next day, and blah, blah, blah... A deadline is a deadline. Period.
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by lisette on Thu Jan 13, 2011 11:26 am

Good summary of the delayed filing, Lilone. It just shows that Ashton is right. Bozo wants to do things his way, not necessarily the way he is ordered to do it by the judge. And Mason thinks the same way. It seems to me that he thinks he should be granted special leeway because he has been around for a long time. JP ain't buying this!
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by lisette on Thu Jan 13, 2011 11:52 am

Interesting article from Valhall on Hinky Meter. This is the first I had heard about Mason filing a motion to exclude his statement in July.

Caylee Anthony case: Defense wants a take-back and a do-over, and use spin to request
Posted on January 13, 2011 by Valhall
Two motions were filed by the defense this week in the Casey Anthony murder case. One is the equivalent of a take-back and the other is basically a request for a do-over, or a Mulligan. First the take-back.

Remember Cheney Mason had that blatherfest in front of the court house back in July of last year and sounded like a dementia patient who wasn’t taking his Gingko biloba? I wrote about it here, but what he said is worth repeating – especially since he apparently doesn’t want anybody talking about it. He said:

Uh yeah, it’s been, the public has been made to believe that these people searched the exact area, um, where the body was, or tried to and couldn’t. The fact is the didn’t try to, and they didn’t, they weren’t there, and it was impassable at the time. So there’s a lot of people who are mistaking things of what happened back in the summer of 2008 and what happened in the winter of 2008.

Okay, apparently Mr. Mason has filed a motion requesting that his little ramble-fest, which flies in the face of what appears to be the defense’s only defense (i.e. Caylee wasn’t placed on Suburban until AFTER Casey was in jail), treated like the Andromeda Strain basically. He wants it hermetically sealed in a Mason Jar (lawlz), cryogenically frozen, and stored in Ft. Knox until such time it can be launched into deep space never to return to Earth again. In other words, he wants to act like it never happened. Pretty sure blogs will be brought up again when he presents his arguments in court on this one.

It’s unclear why he bothered because it’s hard to see the state using Mason’s out-of-court misspeaks in the trial, but maybe I’m wrong. After all, if the state was allowed to bring in every ludicrous statement uttered by every Anthony and every defense lawyer involved in this case, then the trial would never end, and will do great as a sitcom in syndicated reruns.

Now to the do-over. Mr. Mason also filed a motion to vacate Judge Perry’s sanction against Jose Baez. Again, just to state my opinion, but does it really matter if Judge Perry says, “Okay, I’ll drop it, but the next time it will be worse,” or something to that effect, because Judge Perry has most likely achieved his objective – that of making the defense know they will honor His Honor and respect the Court orders. But there are some issues with the statements made in support of this motion to vacate.

The first part of the motion is what you would expect, a long list of excuses that reduce to “Baez was confused”. Apparently Judge Perry telling him 3 times, in ever more specific terms, and apprently Baez and Casey both pretending to write down what the Judge said, didn’t cut it. As someone stated on the board, it is the classic “the dog ate my homework”, or maybe more fitting “the judge ate my lunch and it’s all the couriers fault”….that No hablo Ingles!…maybe.

But then it gets into each of the expert witnesses and for each one either presents what they have or what they’ve done or some excuse. When they get to Dr. Lee they state that Dr. Lee found 17 hairs when he examined the trunk of the Pontiac and that in CSI Bloise’s deposition Bloise acknowledged this so…it’s “highly unlikely that Dr. Lee would be called upon or deemed necessary to testify in this case.” It is the follow-up statement that is way off base though:

It may further be noted that Dr. Lee had sought access to the recovery sight on December 12, 2008, he was thwarted in the ability to potentially learn and subsequently testify to any other criminalistics.

Now the issue here is that on December 12th, which was the day after Caylee’s remains were found, the remains site was an active crime scene investigation and no one could go in because there were OCSO and FBI agents crawling around on their hands and knees still trying to collect all of Caylee’s little minute bones! In addition, the remains had not been identified as Caylee Anthony, so why in Sam Hill would anybody on the defense team for Casey Anthony think they had a need, let alone a right, to be inside the crime tape of an unidentified victim? If Dr. Lee wanted to observe the “criminalistics” taking place he could have got a lawn chair with a big umbrella, binoculars and a big Slurpee and set on Suburban drive and watched, I suppose.

The second interesting issue is the explanation of what Dr. Spitz is going to be talking about. The defense states that when he did his follow-up autopsy he found sediment (mud) on the left interior portion of Caylee’s skull. The claim is that Dr. Garavaglia missed this because she didn’t open the skull (saw the back of the skull open during the autopsy). There is also a statement made that Dr. Spitz will be prepared to testify that the “mud” deposit he observed on the left interior portion of Caylee’s skull was indicative of the skull lying on its left side not in an “upright or straightforward position as has been claimed by investigators, as well as the experts for the prosecution”.

Let’s address the “mud” deposit on the left interior side of the skull first. So far I have been unable to find where an “expert” has stated that the skull was in the upright position, but that does not mean it has not been stated either in a report I’ve missed it in, or later in a deposition. An investigator at the remains scene, did described Caylee’s skull as being in the upright position, and was very detailed about the positioning of the skull. In a report authored by Investigator Jennifer Welch (on page 74 of this pdf), she states:

Directly west of the northwest corner area of the log was a human skull. The skull was upright on the ground, partially hidden by vegetation, with the front facing northwest towards the hanging vines. The back of the skull faced southeast. Brown in color hair was partially on the top of the skull, but also appeared to have fallen off since the hair was lying on the ground at the left, right, back, and front sides of the skull. Duct tape was lying on the front of the skull, over the mouth area.

It should also be noted that in this report, authored by Yuri Melich, on page 8 investigators spoke with Roy Kronk about clarifying his initial statement that the skull “dropped” out of the bag. Roy Kronk stated that he wasn’t sure it had “dropped” out of the bag, it may have just been uncovered when he lifted the bag with his meter reading stick. Yuri Melich goes on to state,

As a note, according to the way the skull was found, it could not have fallen out of a bag or dropped as Roy mentioned. The skull had been in it’s found position for some time.

So, according to investigator accounts at the remains scene, the skull was in an upright position when it was found and appeared to have been so ”for some time” (assumption being here that they are referring to skull being firmly “sunk” into the soil indicating it had set there for a while – but that’s just supposition).

But wait, the statements made were toward how the skull was found. That it was found in the upright position is not what the defense motion claims the “experts and investigators” have stated. This is where the defense begins to “spin us right round baby, like a record player, right round”…indeed. The defense motion explicitly is claiming that the “experts and investigators” are claiming the body was “left in an upright or straightforward position”. Again, while we cannot speak to what has been said in depositions not yet made public, there are no statements from any investigators or experts that can be found in the 20,000+ pages of released discovery where they claim the body was “left” in any position whatsoever. And I highly doubt that anyone would go so far as to try to make a claim of how the body was placed on Suburban when the remains were fully skeletonized, disarticulated, and strewn about by both water movement and scavengers. To speculate on the position the body was left in months before it was discovered and ravaged by wind, rain and animals would be an exercise in folly and have no basis in scientific fact.

Now to the accusation that Dr. Garavaglia did not discover the sediment in the cranial cavity. This is where the defense goes to “full-tilt boogie” in their spin. Dr. G. did note the sediment in the skull on page 8 of the autopsy report when she stated:

The inner aspect of the cranial cavity is examined with light and reveals sandy dirt and an attached small incisor which is adhered to the inside of the calvarium with dirt.

In addition, Dr. Utz, Deputy Chief Medical Examiner, who also has a report in the same pdf, observed a “small amount of adherent soil and leaf litter” inside the cranial cavity. So the claim that Dr. G (or anyone else assisting in the autopsy) didn’t discover the sediment is an outright false statement.

Neither Dr. Garavaglia nor Dr. Utz stated in the autopsy report if there was more deposition of soil in one area of the cranial cavity than in another, and we do not know yet what Dr. G., or Dr. Utz, or Dr. Schultz (who performed the pathology examination), or Dr. Warren (who assisted Dr. Schultz) said in their depositions. They may have been able to give more details on the deposition of the “sandy dirt” observed inside the cranial cavity. With the statements made in the autopsy report that we do have, it cannot be ascertained if the deposition of the soil indicated the skull had been in a position on its left side for quite some time.

However, what we do have are the statements made in the autopsy report that the cranial cavity of the skull was rinsed with saline solution in order to trap samples for the purpose of toxicology testing. In fact, there were two saline washes for this purpose. Dr. Spitz conducted his autopsy subsequent to the M.E. autopsy and after these washes had been performed. There is no way to know if the subsequent placement of the skull after the washing did not result in deposition of loose soil to the left side of the cranial cavity. The distribution of this soil within the cranial cavity will have to be testified to by the experts who performed the various examinations contained in the autopsy report, and Dr. Spitz’s statement that when he got the skull there was soil deposition on the left interior side will be heard by the jury, but the issue of the skull already being affected by the first autopsy and saline washings will also come into play.

Lastly, to the claim that Dr. Garavaglia (and company) did not follow proper “medical examiner protocol” because they did not saw the back of the skull open. I got with Dr. Christopher Green, MD, PhD and Fellow, American Academy of Forensic Sciences and I asked him about the defense’s (or rather Mr. Spitz’s) statement that protocol was not followed. Dr. Green asked me to send him the autopsy report (which I have just done) so that he can read it again, because it has been quite some time since he visited that document. I will update this article and post in the discussion thread when he has responded.

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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by lisette on Thu Jan 13, 2011 12:00 pm

There is also a HILARIOUS article by Blink at BlinkonCrime. I laughed until I about wet my pants! Don't miss it!

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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by artgal16 on Thu Jan 13, 2011 12:33 pm

The fact that the skull was "found" in any position doesnt matter. The skull was no longer attached to the remains - that means the skull probably was moved by the elements or animals. Pinning their hopes on the position of the skull is really stupid.
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by charminglane on Thu Jan 13, 2011 2:22 pm

I agree completely, ART. They really have slim pickings in the defense dept.
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Normal Casey Anthony Hearing Friday, Jan. 14, at 2:00 P.M.

Post by lisette on Thu Jan 13, 2011 9:10 pm

Case Against Casey Returns To Court For Friday Hearing

Jury Selection Expected To Be Main Topic Of Hearing

ORLANDO, Fla. -- The case against Casey Anthony heads back to court on Friday.
Attorneys for both sides are expected to discuss the jury selection process at the hearing with Judge Belvin Perry. The hearing is scheduled to begin at 2 p.m. WESH.com will provide live coverage.

In May 2010, Perry ruled that an out-of-town jury would be used for Anthony's murder trial, which is expected to begin in May.
Anthony's attorneys had asked for the entire trial to be moved to another venue, saying they did not believe she could get a fair trial in Orlando due to the media attention the case has drawn.
Perry has said in the past there would be a gag order regarding the location of jury selection.
Anthony will not be present at Friday's hearing. The court said no motions are expected to be discussed.

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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by lisette on Thu Jan 13, 2011 9:13 pm

Letter Asks Prosecutors To Consider Not Cashing Baez Fine Check
Baez Ordered By Court To Pay $583.73

POSTED: 6:03 pm EST January 13, 2011
UPDATED: 6:42 pm EST January 13, 2011
ORLANDO, Fla. -- Casey Anthony defense attorney Jose Baez has turned in payment for his recent contempt of court fine, but lawyers also asked that prosecutors consider not cashing the check.
Baez was required by Judge Belvin Perry to pay $583.73 for a wilfull violation of a court order. Thursday was the deadline to pay the fine.
Along with the check, co-counsel Cheney Mason wrote prosecutor Jeff Ashton a letter asking him to consider holding the check and not cashing it.
Earlier this week, Mason filed a motion that asked Perry to reconsider the fine.
In his letter, Mason said there is a good faith reason not to oppose the motion, given the potential future impact on Baez.
"This is starting to wear down everybody," said veteran attorney Jeff Deen, who is not affiliated with the case.
Deen supervises a staff of state attorneys and said all of the lawyers associated with the Anthony case should take the fine as a warning, not just Baez.
"The intensity is building up. Everybody's past actions are going to come back and haunt them in this case if they haven't been following the procedures," said Deen.
Friday will be Baez' first time in front of Perry since his contempt fine. WESH.com will provide live coverage of the hearing.

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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by Wrapitup on Thu Jan 13, 2011 9:27 pm

Along with the check, co-counsel Cheney Mason wrote prosecutor Jeff Ashton a letter asking him to consider holding the check and not cashing it.
I just bet he did. Talk about rubber bouncing!!!!! boing, boing, boing! duct and run

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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by artgal16 on Fri Jan 14, 2011 10:15 am

As if courtroom antics, unprepared questions, foolish boastings, getting caught canoodling with Casey, false promises of a live Caylee, foreclosure, unpicked up photocopies, caught lying on tape, and a parade of quitting nightmare team attorneys wasn't enough to humiliate Jose Baez, take notice of the latest news story:

Letter Asks Prosecutors To Consider Not Cashing Baez Fine Check

ORLANDO, Fla. — Casey Anthony defense attorney Jose Baez has turned in payment for his recent contempt of court fine, but lawyers also asked that prosecutors consider not cashing the check.

Baez was required by Judge Belvin Perry to pay $583.73 for a wilfull violation of a court order. Thursday was the deadline to pay the fine.


Along with the check, co-counsel Cheney Mason wrote prosecutor Jeff Ashton a letter asking him to consider holding the check and not cashing it.

Earlier this week, Mason filed a motion that asked Perry to reconsider the fine. In his letter, Mason said there is a good faith reason not to oppose the motion, given the potential future impact on Baez.

“This is starting to wear down everybody,” said veteran attorney Jeff Deen, who is not affiliated with the case.

Deen supervises a staff of state attorneys and said all of the lawyers associated with the Anthony case should take the fine as a warning, not just Baez.

“The intensity is building up. Everybody’s past actions are going to come back and haunt them in this case if they haven’t been following the procedures,” said Deen.

Friday will be Baez’ first time in front of Perry since his contempt fine. WESH.com will provide live coverage of the hearing.
source:
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by Wrapitup on Fri Jan 14, 2011 10:26 am

What time is the hearing or did I miss that????? I bet you anything that check is as good as my grandson's rubber ducky!

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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by lisette on Fri Jan 14, 2011 10:58 am

Hearing at 2:00 today. Article above says no motions will be heard, but I wonder if JP will want to address the motion about vacating the sanction order. Casey doesn't have to be there. They are supposed to discuss jury selection.
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Normal Casey Anthony hearing today January 14, 2011

Post by artgal16 on Fri Jan 14, 2011 1:15 pm

The judge just said the jury for the Anthony case will cost $350,000.00!
What a travesty!
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Normal Casey Anthony Trial Details Revealed, Except One

Post by Nama on Fri Jan 14, 2011 3:58 pm

Judge Belvin Perry revealed new details about Casey Anthony's murder trial at a hearing Friday, but left one big piece of information a mystery -- where the jury will be picked.
Anthony's murder trial for the death of her daughter, Caylee Anthony, is scheduled to begin in May.
Perry determined last year that an out-of-town jury would be used and brought to Orlando for the trial.
Anthony's lawyers had petitioned that the entire trial be moved. Bringing a jury to Central Florida will likely cost less than a change of venue.
Still, Perry said Friday that importing a jury could cost the state $350,000. That figure included meals, housing, laundry, transportation and security.
Perry indicated that the jury may not be housed in Orlando and their location may change from night to night.
Anthony would be transported to the location of the jury selection on a Saturday or Sunday before selection begins, Perry said on Friday.
Attorneys in the case asked for 30 days notice as to the jury selection venue. Perry said he would likely not tell them the location that far ahead. At the end of the hearing, he indicated he was leaning toward a week to two weeks' notice.
Perry said on Friday he estimates the trial will last about eight weeks.
Lawyers also discussed progress on depositions in the case.
Defense attorneys Jose Baez and Cheney Mason said they still had seven or eight depositions of law enforcement officers to complete. Perry said that the depositions must be complete by Feb. 18.
Anthony was not present at the hearing. The court did not take up any motions.

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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by jeanne1807 on Fri Jan 14, 2011 4:07 pm

Both Caylee and Leah are on my mind as this draws closer and closer to May.

Justice for these two young girls.
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Normal Judge talks jury selection

Post by Nama on Fri Jan 14, 2011 6:46 pm

On Friday Judge Belvin Perry laid out the plans for jury selection on the murder trial of Casey Anthony. Jurors will be selected from another county and brought back to Orlando for the trial in May.

Judge Perry said jurors will be selected based on four questions: the hardships they would face serving in the trial, how much pre-trial exposure they have, their opinions on the death penalty and select questions from the defense and prosecution. Attorneys will select 12 jurors and a "certain" amount of alternates.

Judge Perry said housing, feeding and transporting the jurors to Orlando will cost taxpayers $350,000. He said the trial will last eight weeks.

"It's almost like going to summer camp," he said.

The jurors will be sequestered and restrictions will be tight. Contact with family and friends will be limited and jurors won't be allowed to watch news coverage. At Friday's meeting Judge Perry discussed a list of TV stations the jurors won't be allowed to watch.

The location for selecting the jurors is not being released. Judge Perry plans to keep it that way until right before the trial.

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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by jeanne1807 on Fri Jan 14, 2011 6:59 pm

I'll just bet that Casey and Cindy are so excited with the news of all that money being spent on them!
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by lisette on Fri Jan 14, 2011 11:04 pm

Judge Lays Out Plans For Casey Case Jury
Posted: 7:56 am EST January 14, 2011
Updated: 6:40 pm EST January 14, 2011

ORLANDO, Fla. -- A hearing wrapped up Friday afternoon in the case against Casey Anthony. The judge started laying out plans to pick a jury in the highly publicized case.

The judge estimates it will cost $350,000, maybe more, to bring jurors to Orlando. That's necessary because media attention surrounding the case has raised concerns about getting a fair jury.
Chief Judge Belvin Perry laid out intricate plans detailing how they will select a jury in a different Florida county and bring those jurors to Orlando for what's expected to be an eight-week trial starting in May.
"Day 1, I'm going to bring in 40 potential jurors," Perry said Friday.
Instead of allowing all the potential jurors together to listen to questions, Perry will bring them in one at a time and ask about three specific topics: first, hardship, or anything that will prevent them from traveling; second, pretrial publicity; and third, how they feel about the death penalty.
After that, attorneys on both sides will be allowed to ask questions and will have to immediately accept or reject each juror.
Bringing them to Orlando will not be easy. The judge said it will cost at least $350,000. They need security, hotel rooms, food and even laundry service.
"It's almost like summer camp," Perry said.
The judge has already picked out the place, but hasn't even told attorneys where the jury will come from. The judge is considering giving them two week's notice and issuing a gag order forbidding them to talk about it.
Defense attorneys wanted 30 days in case they want to object to where the jurors, who will decide Casey Anthony's fate, will come from.
The jurors will likely be sequestered and not allowed to return home during the trial. The judge is even planning to have their televisions set up to only receive approved channels, channels that don't have any type of news programming.

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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by charminglane on Sat Jan 15, 2011 12:39 pm

I really have lot of respect for Perry.
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by raine1953 on Sat Jan 15, 2011 1:22 pm

Charm, I agree
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by lisette on Thu Jan 20, 2011 11:20 pm

Judge Rejects Motion For Casey's Attorney On Sanctions

Posted: 6:14 pm EST January 20, 2011
Updated: 6:50 pm EST January 20, 2011

ORLANDO, Fla. -- Chief Judge Belvin Perry on Thursday refused to reconsider the sanctions filed against Casey Anthony's lead attorney, Jose Baez. Baez paid a $583 fine for failing to give prosecutors information on defense experts.
The judge said Baez "willfully" violated the court order to do so.
There were also new motions, new depositions, and new hearing dates announced Thursday.
For the third time, Casey's defense team filed motions requesting thousands more dollars from taxpayers so private investigators can continue work on the murder case and death penalty defense. Only portions of two previous similar requests have been approved so far.
Meanwhile, Casey's lawyers were questioning 12 Texas EquuSearch volunteers Thursday, who the defense believes may have searched the same area where Caylee's remains were located but didn't find anything. Prosecutors believe the exact site was under water and unsearchable.
And finally, a two-day hearing has been scheduled the first week of March. That's when the judge will consider a defense motion to suppress statements made by Casey's parents, brother, her father's self-proclaimed mistress, her jail pen pal, and her statements to law enforcement. Her lawyers also want to suppress jail video of Casey's reaction when she learned Caylee had been found and descriptions of that video.

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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by raine1953 on Thu Jan 20, 2011 11:40 pm

lisette wrote:Judge Rejects Motion For Casey's Attorney On Sanctions

Posted: 6:14 pm EST January 20, 2011
Updated: 6:50 pm EST January 20, 2011

ORLANDO, Fla. -- Chief Judge Belvin Perry on Thursday refused to reconsider the sanctions filed against Casey Anthony's lead attorney, Jose Baez. Baez paid a $583 fine for failing to give prosecutors information on defense experts.
The judge said Baez "willfully" violated the court order to do so.
There were also new motions, new depositions, and new hearing dates announced Thursday.


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I just love this judge!
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by Wrapitup on Fri Jan 21, 2011 12:39 am

There were also new motions, new depositions, and new hearing dates announced Thursday.
What's next, gals???? You two are so awesome about keeping up on Casey. In fact, I hereby name Artgal and Lisette as my two lead detectives on the Anthony case. Is that okay???
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by artgal16 on Fri Jan 21, 2011 9:13 am

Its fine with me - I wont rest until she gets prison.
Caylee Anthony just reminded me of my daughter so much (she is now 39) the potential for that beautiful child snuffed out by her own mother will forever haunt me.
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by lisette on Fri Jan 21, 2011 10:03 am

Wrap, I'm in 'til the end...'til KC and those other Ants get their "just desserts"!
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by Guest on Fri Jan 21, 2011 10:05 am

Bravo Thanks artgal and lisette!
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by lisette on Fri Jan 21, 2011 10:29 am

The next status hearing is Feb. 4. Judge Perry will be ruling on some of the motions that LDB gave written responses to (shovel, tattoo, relationships with Rusciano and Lazarro, "Diary of Days", Cindy's mySpace post), but I don't know when that will be...It may be before the status hearing.
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by artgal16 on Fri Jan 21, 2011 10:45 am

I cannot understand why Casey doesnt appear at status hearings. I know she doesnt have to, its not required
but if you were on trial for your life would you sit in your jail cell? I wouldnt and that goes for Cindy too, if it was my daugher Id be there at every hearing.
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by charminglane on Fri Jan 21, 2011 11:43 am

Just to get out in the world would get me up and roaring to go.
I don't understand it either.
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by lisette on Fri Jan 21, 2011 7:23 pm

News is breaking fast and furious...Orders issued by JP today:
Perry denied a defense motion asking for a subpoena for photos that the defense claims search volunteer Joe Jordan took of Suburban Drive.
Perry denied a request from the defense seeking to limit telephoto lenses.
Perry approved an additional $860.70 in taxpayer funding from the JAC for transcript services. The company agreed to charge the indigent rate, Perry wrote, but then charged above the Justice Administrative Commission rate.
Perry said prosecutors cannot question Texas EquuSearch President Tim Miller about his opinion that Anthony was "about to mark on a map where the body was." The defense claims the statement is "unfounded, irrelevant and immaterial." (LDB said that they would not ask a witness to speculate.)
Evidence of a table knife that the defense said was found in Anthony's car cannot be introduced at the trial, Perry said. Attorneys argued the knife has no link to the case. (LDB did not object to this motion.)

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There is going to be a telephone hearing Mon., 1/24, about the defense's request for more money.
Things are really hopping now that the trial is drawing closer!
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by Wrapitup on Sat Jan 22, 2011 6:04 am

Thanks to Artgal & Lisette!!

What do you think? I don't want a gajillion new threads for every little thing that Judge Perry denies or approves. As we get closer to trial, the information will start flying.

Should we start just one thread for New Motions and have LM add "New Motions as of 01/22/11" under The Anthony case in The Accused? Please let me know. You all are awesome!! :cheering: you rock

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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by artgal16 on Sat Jan 22, 2011 9:09 am

We could start a new category Trials. As this will be of great interest we could do subcategories under that or would that be too complicated?
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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by Wrapitup on Sat Jan 22, 2011 9:12 am

I don't want to do "trials" as if you go to "Not Mom's" thread in The Accused, you will see LM has headers for the different trials.

What I think would be a category of "Judge Perry's Motions as of 01/22/11", or something like that. I am open to suggestions.

p.s. This would only be until the actual murder trial starts.

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Normal Re: ~The Case Against Casey Anthony~ January 2011

Post by lisette on Sat Jan 22, 2011 9:18 am

Wrap, some of the news doesn't directly relate to motions, so what about just "Casey Anthony News as of 1/22/11"? Is that too broad? It would be good to have everything under one thread. I have been trying to put updates on the particular motions, orders, etc. on the same thread with the original report, but, with so much going on now, that can get complicated.
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Normal Re: ~The Case Against Casey Anthony~ January 2011

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