Anthony defense files motion to dismiss!

from orlandosentinel.com
The latest filing in the Casey Anthony murder case on Thursday was the boldest to date.

Anthony's defense team is asking Circuit Judge Stan Strickland to dismiss the case.

And just in case Strickland isn't inclined to get rid of the case in which Anthony is charged with first-degree murder, defense attorneys also filed an amended motion about a change of venue. The defense suggests Miami-Dade, Broward or Palm Beach counties as possible places for the murder trial, which is unscheduled but could come to court sometime in 2010.

Also filed on Thursday were motions related to the Orange County Jail. The defense wants a protective order prohibiting the jail from videotaping attorney visits with Anthony at the jail.

And it wants the jail to destroy videos of Anthony and her family.

In addition, the defense filed a document asking the judge to grant a previous request from the state, which asked for a transcript of Casey Anthony's father's s testimony before the grand jury. George Anthony's appearance before the grand jury preceded his daughter's indictment.

Casey Anthony is charged in the death of her 2-year-old daughter, Caylee Marie, who disappeared last summer. Her remains were found in December in a wooded area less than a mile from the house Casey Anthony shared with her parents.

She was indicted for murder in October and was in jail at the time her daughter's body was discovered.

This story is developing.

Im not sure how this works - is it normal to always make a motion to dismiss? What are the chances that they will change venue? I say no, Strickland will not change venue -Cindy Anthony is going to go on 48 hours and lie lie lie so the entire country will know what a big liar she is - I dont see changing venue - whats the point everyone knows this story.

The motion filed Thursday afternoon seeks dismissal of all charges because evidence was not properly preserved.

According to the motion, "the state deliberately misled the court and delayed formal identification of remains so it could obtain exclusive control of the crime scene through Dec. 19, 2008" the date the medical examiner announced the remains belonged to the little girl.

The skeletal remains was discovered Dec. 11, 2008 by a meter reader.
Additional information on motion filed:

Defense lawyers said exculpatory evidence was not preserved and that violate Casey Anthony's rights. Exculpatory evidence supports a defendant's claim of innocence.

Anthony's lawyers contend the state erred by tampering with the victim's remains and excavation location before the defense could bring in it's own experts.

Her lawyers wanted to hire off-duty police officer to secure the area, but the state attorney's office wouldn't permit it.

[i]The motion says the only evidence suggesting a homicide are conflicting reports of where the remains were found and without evidence the defense cannot challenge the opinions the state is bringing to court.

They contend Casey Anthony's rights were denied because lawyers can't effectively confront and cross examine witnesses.

Another motion asks the court to block recordings of Casey Anthony when her lawyers are present and when she receives visits from her parents, George and Cindy Anthony
[You must be registered and logged in to see this link.]

I'm under-impressed. Are these the motions that A Lyons promised to file after Labor Day? Trying to get this dismissed? I thought it was a JOKE?

JMO, more whining. If the STATE releases the GRAND JURY testimony of GA, we as the public are entitled to a copy because of the SUNSHINE LAW. I only wish the DEFENSE would request copies of depositions done on LEE/GA/CA, then, we would be privy to that, but, NOT unless the defense request a copy.

The defense if beyond desperate. The STATE, imo, was meticulous about that crime scene anticipating all the whining & circus tricks this group would try.

What reasons can BOZO give for KC's dispicable behavior on the JAIL HOUSE VIDEOS that have been released to the public???? The defense reality is: their client is so dislikable, self absorbed, & disrespectful that they can't TRUST KC to funciton as an adult for the visit. Is this another ENTITLEMENT the ANT family thinks they are entitled to? I hope the STATE fights this, jmo.

NOTICE that these motions are also filed on behalf of A Lyons. For the defense to say that KC has ENDURED since she has been in the Orange County Jail are laughable. jmo, I wish she was flogged everyday & reminded of the child she murdered.

UNLESS, imo, this is done for ALL inmates, it shouldn't be done for KC/ANT's.

Another Update On the MOTION the STATE Filed Against Defense For Shared Discovery on Caylee's Remains in Woods.

The defense team also responded to the state’s request for documents supporting the defense’s claim that someone else placed Caylee’s body in the woods.

Anthony’s attorneys wrote that they have “logically interpreted the state’s own materials” provided to the defense and learned other timing details from depositions taken so far.

[You must be registered and logged in to see this link.]

SO, in other words, the DEFENSE has nothing to suppport Todd M.'s grandstanding in court claiming someone else left the body?

jmo, this defense team is going to put KC in the death chamber by their ineptitude!

jmo, I agree the defense team is inept, BUT if she is put in the death chamber it will be because of her own actions and it will be a well deserved result of those actions. Actually, in my opinion, there is NO punishment that really fits her crime.

Lion Lady was hired to help keep KC off Death Row, this is what she's suppose to be doing right?
Look around at the big ass piles of papers stacked around her folks this is HER keeping her client from being put to death for the murder of her child.
Tieing up the Court System with these motions are just baby steps to what we can expect!

Motion to Dismiss! HA!
What are the odds the Defense thought that motion would be taken seriously? Probably sent some poor court clerk over to file the papers cause none of them could keep a straight face!
I could just fall over backwards

Boy, I can tell...my blood is going to boil once this case finally gets to trial. All of this nonsense. Absolutely ridiculous. :evil:

I agree with all the peeps & cherylz, my blood is already boiling.

When Todd M. made a production in court that they believed KC was innocent & she was in Jail when the body was disposed of made all the local media. It was talked about for days. Everytime they open their mouths, they claim KC is INNOCENT~ !~ I am furious that they referred to Caylee not as Caylee, but, "as a little girl!" Insulting! That little murdered girl had a name & it is Caylee! Say it with RESPECT!!

The STATE has held them accountable asking for all EVIDENCE that PROVES their theory w/all support documents & names/phones numbers/etc.

Their Reply: "Anthony’s attorneys wrote that they have “logically interpreted the state’s own materials” provided to the defense and learned other timing details from depositions taken so far.


I am furious over this inept response & it shows how desperate they are. I wonder if they know how STUPID they appear?

If they had answered, "We don't know who put Caylee there but we are going to blame GA, after all, his is the "weakest link. If he won't work, we may try CA/Grund/Lazarro, the list is endless that we can blame." I would have expected this reply, they need to beg for a plea. :evil: :evil: :evil: :evil: :evil: :evil: :evil:

READ THE ARTICLE & MOTIONS:

[You must be registered and logged in to see this link.]

Casey's Defense Files Motions In Murder Case!

Casey Anthony's defense team filed four motions Thursday in the murder case she's facing in the death of her daughter Caylee.

1. The defense team's "Amended Motion for Venue Change" (read it) asks the judge to either throw out the murder case against Casey Anthony or move the trial to south Florida.

2. Amended Motion For Venue Change.

3. Motion To Dismiss Due To Spoliation Of Evidence.

4. Order To Directing Jail Videos Be Destroyed
Motion Prohibiting Videotaping Attorney Visits
Response To State's Request On Discovery.


A "Motion To Dismiss Due To Spoliation Of Evidence" (read it) has the defense saying the state failed to preserve any evidence that could clear Casey by not allowing defense experts to be present where Caylee's remains were found in December while investigators were processing the area.
The defense also wants the jail videos of Casey and her family to be destroyed and submitted a "Protective Order" (read it) requesting such action.
The defense also issued a response to the state's request to "compel reciprocal evidence" (read it) and asked that attorney visits with Casey not be videotaped (read it).

I have the same feelings about this as cherylz and the others above. It's hard to stomach, but we all know defense lawyers will try anything in their power for the sake of their clients. A change of venue wouldn't help because the whole country has been following this case and there would be no difference no matter where they move it to, thanks to the Sunshine Law. I also think that they should readdress that same law regarding jailhouse visits with family, LE, and attorney---something just never seemed right about filming those and releasing them in their entirety on the Nancy Grace show. Doing this might just jeopardize some cases instead of helping the cause of justice---JMO. (Please keep in mind that I live in a state where there is absolutely no release of such things as we have all seen in the Anthony case. LE and the prosecution keep all things "close to the vest" and attorneys then cannot claim prejudice or undue influence upon their jury pool.)

Me thinks the "big woman" is earning her pay and rearing her ugly head.

This certainly isn't Baez. He isn't smart enough to think this stuff up.

Funny how Annie Le's killer is arrested and they have 150 pieces of evidence on the arrested suspect and Caylees killer has...hummm a bunch of what ifs and maybes and she dids and who moved what. Thats always been the problem with this case and what a jury will hear. We think she did it. Most things point to her doing it. But everybody wants that smoking gun and personally I don't think we have one.

Watch out for the "big ladies" they shall show us their stuff.

The horse has already left the barn. And, that horse has been around many fields.

The Scream Team at their finest. Laughable. Ridiculous. Waste, a Huge Waste.

Terry Rose, Fla. is the ONLY STATE that has such wide use of the SUNSHINE LAWS. I live in a STATE that for one week, per year, you can have access to information on a case. When the videos such as the "jail house" are released, the MEDIA outlets EDIT what is released to us. When there is a doc dump, the media outlets always posts "they are combing through hundreds of pages of documents," check back later for the release.

The release of the jail videos are part of that SUNSHINE LAW & are released because the MEDIA request them, not because the STATE is dumping them on the public. Some of the MEDIA Outlets are still trying to get released the DEATH jail video that Judge Strickland released.

The Billings Murders were also in Fla and the doc dumps started in that case a couple of months ago. Due to the safety of the children, they withheld the surveillance videos inside the house.

I agree, the videos of KC are telling, but, it is because of her behavior that makes them appalling. It will be interesting to see how the Judge rules on this motion. imo, the ANT's will spend that time all trying to get their stories straight for COURT if they are not held accountable by someone.

"Spoliation" S. p. o. l. i. a. t. i. o. n.

use that in a sentence please

I found a spoliation smell in my refridgerator, so i cleaned it out and threw out my bfs peperoni, to his disatisfaction.

hahah just kidding, i dont know what the word means

[You must be registered and logged in to see this link.]

RICHARD HORNSBY GIVES HIS LEGAL OPINION ABOUT BAEZ'S LATEST MOTIONS:

Hornsby said he was as confused as everybody else about the motion to throw out the case. He said the motion is NOT FOUNDED in REALITY! He also said BOZO has misapplied laws.

Hornsby also said the STATE did a METICULOUS JOB collecting/documenting/videoing/& pictures of the crime scene & that the defense is NEVER included in the crime scene.
[You must be registered and logged in to see this link.]

oh for posting that - I loved to read what REAL lawyers think of bozo and his gang of four
(there are four right?)

UPDATED: 9/18/09
Casey’s Lawyers Want Jail To Stop Recording Visits!

Lawyers for Casey Anthony not only want all charges dropped against her in her murder trial, but they also want to stop authorities from videotaping her meetings with her family and attorneys.

This second motion, filed Thursday along with the bombshell request to drop all murder charges, deals more with Casey’s family.

The Orange County Jail has recorded video every meeting she has had with both attorneys and family members -- all without audio, to respect attorney-client privilege.

Brad Conway, the attorney for Casey’s parents, George and Cindy Anthony, told News 13 Friday that his clients have no problem with their visits with Casey being recorded, but unless it has some value as evidence, they do not want it released to the public.

It has been nearly a year since Casey’s parents have talked to her in person, partially because Casey’s attorney, Jose Baez, requested that they not go to the Orange County Jail, since their conversations would be recorded and released.

Conway told News 13 the Anthonys have been communicating with Casey through letters, but they still want to be able to have a private, sit-down conversation with HER.

Conway said he felt pretty confident the motion would be granted to keep those visits sealed unless they would be used some way in trial.

A representative with the Orange County Jail told News 13 visits are always monitored for the client’s safety. The representative added they have no intention of offering special treatment to Casey Anthony, and she would be treated like every other inmate.
The defense also amended their request for a change of venue for the trial, adding Palm Beach or Broward counties, but lawyers said they would still prefer Miami-Dade County as their first choice.

[You must be registered and logged in to see this link.]

Does anyone here think the Judge will toss the murder charge out? I don't they have too much evidence. Since when is the defendant attorneys allowed to view the crime scene before it has been processed by LE?

DUUUUUUUUUUUUUUUUH! Conway just doesn't get it! KC never had any intentions of sharing ANY information with her parents during the jailhouse videos!

BOZO wants these PRIVATE because the jail videos show KC for who she is, a sociopath, angry, hateful, self absorbed, murdererer she is.

Those VIDEOS imo, show a spiteful individual that murdered her child. The videos also show the dynamics of this family, TOXIC! Though some might think that they had NO evidentuary value, imo, it showed she continued to LIE to her parent's & is capable of murder.

imo, KC's behavior probably appeared NORMAL to the ANT's. They inflame her, anger her, cause her to ACT OUT like a child, was she acting out the night she killed Caylee? Was she having another fit?

lindamarie, did you see the link to Richard Hornsby's interview above.

There isn't a chance in hell this case will be thrown out. Richard Horsby praised CSI & State Investigators & pointed out that defense NEVER attends the CRIME SCENE!


A Lyons is very U N I M P R E S S I V E imo!

I guess I would have to ask "If they throw out the murder charge can they still charge her with something else".

Yes Casey is all those things but did she intentionally murder Caylee? That is going to be a hard sall to convict and put to death with what we have. I, personally, could not do it.

I believe something happened and Casey covered up. I don't think George or Cindy knew from the beginning but when they found out they too tried to cover up.

So many lies. Such a disfunctional family. Its very hard to sort it all out.

When I look at Annie Le's case where they have so much, 150 pieces of evidence, I could convict without a blink of the eye. But in Caseys case..not for murder one. Its just not there for me.

jeanne1807, I could convict KC without a blink of an eye. KC's case is no longer just circumstancial, the TAPE on Caylee was the same tape that was on GA's gas can. Conclusive according to the FBI.

It will be the totality of the evidence that convicts KC, imo. Bill Shaeffer, legal analyst for WFTV said on NG at the beginning of KC's case, he did not believe KC would be convicted of the DP, but, now with the tape evidence, he believes she could be convicted of DP.

Jeanne, it really all comes down to the jury. ONLY jury candidates that believe in the DP will be selected & some say that is a more "conservative" jury.

jmo, this case should have been plead out a long time ago. It might have saved KC's life or she might have had a chance for parole, but, with more evidence being released, imo, she may well get "LIFE, no parole."

Artnut I think a lot will depend on the jury. That is why I said in an earlier post I bet they are spending lots on getting the right expert in jury selection.

Say you and I were on the jury. You are ready to convict and I am not sure. I have reasonable doubt.

For instance others lived in that house of the duct tape. Cindy, George and Lee. Casey brought her friends home when her parents were at work so they were there too. I know this is a stretch but that is where I am.

I am a Pisces and I swim both ways so I am sure they are not picking any of us. lol

Casey Anthony: WFTV legal analyst rips defense's latest moves

What do the latest motions in the Casey Anthony case mean?

They "may actually show what the defense doesn't have," WFTV-Channel 9 anchor Bob Opsahl said last night.

Reporter Kathi Belich highlighted one point in the motions: "The defense says its claim that it has evidence Casey is not the one who put Caylee's remains in the woods was merely an attorney's opinion about the evidence that's already out there."

That was a setup for blunt analysis from WFTV legal analyst Bill Sheaffer.

"They got nothing," he said.

Otherwise, Belich explained, the defense would have turned over the evidence it had to prosecutors. Casey is charged with the first-degree murder of her daughter, Caylee.

Sheaffer blasted a defense motion asking the judge to throw out the case because its experts didn't have access to the site where Caylee's remains were found in December.

"The defense has no right to do that under any theory whatsoever," Sheaffer said.

What of the defense's quick response to the December find -- before the remains were identified as Caylee? "It really strongly suggests some inside information," Sheaffer said.

Sheaffer's sharp, succinct analysis has added depth to WFTV's coverage of the case. I would have liked to hear the defense's response in the report.

But it's clear that defense attorney Jose Baez doesn't care for Belich. She and WFTV have taken the hardest-hitting approach to covering the defense.

[You must be registered and logged in to see this link.]

A "Motion To Dismiss Due To Spoliation Of Evidence"

The defense saying the state failed to preserve any evidence that could clear Casey by not allowing defense experts to be present where Caylee's remains were found in December while investigators were processing the area.

WFTV legal analyst, Bill Sheaffer, said there is no chance the motion will be approved. "This motion is without precedent, it's without substance, easy call on this one, denied," Sheaffer said.

[You must be registered and logged in to see this link.]
you can read more of the article at the above link.

spoliation: (meaning) to pillage
Words with similar meanings as pillage
devastation, looting, marauding, plundering, ransacking, stripping, stealing

Regarding juries - having been on many juries, I can tell you that lawyers can spout chapter and verse with tricky legalities, but when juries go out and deliberate
its not so much the "law" that is on their mind but assigning blame. Caylee is dead and she shouldnt be - someone is responsible for that. You have the State presenting all this evidence that she killed her child and the defense has.... well what do they have?
A non-existent Nanny? The State does not have to prove motive for Casey, however, if they are going to say that because someone else had access to the Anthony home & they took the duct tape and taped
the remains and also the gas cans - they are going to have to prove it and they are going to have to give a motive for someone else to have done it.
It doesnt matter what the defense says it BELIEVES
it only matters what they can PROVE. Also I have found that usually if its 10 to 2 or 11 to 1 in voting that the majority works very hard to present their case to the others and in most cases can get a
unanimous agreement on a jury. Believe me, if this jury becomes hung, they will retry her, it doesnt mean shes off the hook. IMO the defense is stuck - they will throw out every motion they can, but in the long run
they dont have any credible evidence that anyone else took Caylee and Casey's own lies will come into play.
Also her parents are going to help convict her with their past testimony. A nurse and a cop know the smell of a dead body - and no matter what Casey says there is not one scintilla of proof that anyone else had access to that car. Casey own texts to Amy show that she was aware of the smell and trying to say it was a dead squirrel. This is damning evidence. There is no way that a jury can grasp hold of anything that clears her. I think "reasonable doubt" throws people off a lot of the time, but when you hear the jury instructions
you will know that reasonable means just that. In this case if the State can show that no one else could have done this - there is no reasonable doubt.

I agree with your post Artgal. This is a high profile case & there will be PROFESSIONAL Jury Consultants involved in the selection of the jury. imo, the jury selection alone for this case could take weeks. You HAVE to believe in the DP to even qualify.

The defense doesn't even have a defense except for Todd M. claiming in court someone else put Caylee's body at the site when KC was in jail.

When the STATE ask the defense for the evidence of this, they claim they SURMISED from information the STATE released.

REASONABLE DOUBT has to be believable. THus far, imo, the defense hasn't presented anything REASONABLE to remotely believe. Bill Shaefer, legal analyst & Richard Hornsby, both with different media outlets in Orlando think the defense has nothing.

I hope A Lyons tries to beg for a plea for KC. imo, even KC deserves a FAIR trial & her undoing will be the incompetent defense attorney she clings to.

imo, if a competent Criminal Defense Attorney was brought in, such are Terrance Lenamon, (formerly on her DP case,) on the first day KC was arrested, this case probably would have been plead out & KC would have gotten 20 or 30 years just speculating.

Noted there has been a motion to move the trial. I wonder HOW anyone can think there is any place in the whole country that will not convict her.