Casey Anthony defense files new motion to dismiss!

ORLANDO, Fla. -- Based on what it calls a lack of physical evidence, Casey Anthony's defense team is asking a judge to dismiss the murder and child abuse charges against Anthony, or at least block the state from seeking the death penalty against her.

Defense attorneys Andrea Lyon and Jose Baez filed a motion to dismiss and a motion to preclude the death penalty in Anthony's case.

"The circumstantial evidence in the case shows nothing more than a suspicion of Miss Anthony's guilt," the motion said.

The defense argued that the prosecution "cannot prove how Caylee Anthony died, let alone that she was a victim of homicide."

The motion points out that the medical examiner who ruled the death a homicide by undetermined means found no trauma to Caylee's body and no drugs in her system.

The defense would like Judge Stan Strickland to toss out the charges against Anthony, but if he doesn't, it at least wants the death penalty taken off the table and it attacks the prosecution for seeking it.

"Given the inflammatory media and extensive community involvement in this case, the prosecution is undoubtedly being pressured to convict Miss Anthony," which, according to the motion, is why the prosecution is seeking death, so jurors chosen for the trial will be more likely to convict.

"It's motivation lies not in legitimately seeking justice, but in stacking the deck against Miss Anthony," the motion said.

The defense said death penalty-qualified juries do not include people who say they could not vote to execute another person, so those juries tend to be tougher on accused criminals.

A former prosecutor said the motion to dismiss the charges against Anthony can be easily defeated by the state simply by having a prosecutor file a traverse, which is a way for the state to say they do have a case, even if the evidence is flimsy.

Strickland could reduce charges after the state finishes presenting its case.
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"the defense argued that the prosecution "cannot prove how Caylee Anthony died, let alone that she was a victim of homicide."

And this is why that duct tape was so crucial to the case and why I believe Dr G ruled it "death by homicide". She too viewed that tape as the murder weapon.

My my such cry babies the defense team! Your honor, you should dismiss the charges against the defendent,
its not her fault this 3 year old ended up buried in a shallow grave - my client was out renting a video with her boyfriend and she had no idea that Caylee went out by herself that night! Tsk Tsk, what a miscarriage of justice to ACCUSE our client of killing her child!
Why after all everyone knows what a nearly 3 year old is capable of - bad companions, thats what it was -Caylee was in with a bad crowd of toddlers.

The fact that the skull had duct tape wrapped around it can be admitted as evidence. What they say about the duct tape probably can be admitted as well.
I see no reason for not admitting it. The facts are not in and I believe Blink on Crime as well as Leonard Padilla who stated publically that there is Caseys fingerprint on the duct tape. They cant exclude that.
Also the DNA found on the duct tape has been identified as belonging to a tech at the FBI lab, as its definitely identified and no other DNA is on there,
then I dont see the impact there. Also the fact that the fibers dont match doesnt mean anything either as they will bring in experts on the States side to say the degradation of the fibers being under water are the reason they dont match and also for the duct tape no longer matching what is on the gas can. Also we dont know that the duct tape doesnt match with the roll Amy gave Casey. Theres still to much evidence we dont know - motion to dismiss - denied!

Most interesting to see what comes of this new motion........

I have been waiting for this one. Hummm.

Justice for Caylee? Sometime? Never?

The "Big Lady Attorneys" are making their move.

Probably nothing the State will just come back and say they have enough evidence and the judge will dismiss it.

Artgal, my understanding is there were 2 sets of DNA found...one was the lab tech's and the other was too small to identify? But I do think they eliminated KC and Caylee...which how can they elim. if it was too small. I will find that link in a bit.

At this point if KC finger print is not on the duct tape that evidence was tainted by sloppy techs. In the OJ Simpson trial that is why the jury dismissed the blood evidence because of sloppy techniques in the way it was collected. I firmly believe the Judge will follow the law and not dismiss the case. It is up to the jury to decide if this is a death penalty case. That is how it works. The defense don't get to decide that. These motions are normal protocol in cases like this.

The thing is, that Brad Conways information is not completely true and already people are moaning and groaning about tainted tests, etc. So they are achieveing what they set out to - arent they?
There is only one DNA on the duct tape and that belongs to the FBI tech and she has been identified by name. No other DNA was found. I have to give it to Cindy - shes very smart - already she has caused this doubt - even on the blogs -=DONT BE FOOLED BY THE ANTHONYS - this is SPIN pure and simple.
The State has plenty on Casey - dont fall for their tricks! enough is enough!

artgal remember we are all entitled to our own thoughts and opinions. If someone of us are worried it is because we really care about justice for Caylee. Plus Richard Cain and other examples recently released like no picture taken of the heart shaped sticker is reason for alarm. More than once sloppy work by LE and the FBI has allowed killers to go free.

Ok here is my question. Does the prosecution have certain information that got them the death penalty put on the table? If that evidence was this which is tainted does that mean they can be made to go with a lesser charge.
This is a real education for all of us, isn't it?

Lindam your avator is killing me. I am even starting to stop and read the thingy. lol

jeanne I thought the avatar was hysterical. I had to spice things up a bit. I do think they prosecution has a lot more evidence that we have not seen. Artgal might be right about KC finger print on the duct tape. Even with the extra hair from the tech clouding things, if her finger print is on the duct tape it is a done deal for KC.

Not necessary to dismiss the charges. Casey is going to walk next year. Ask Nosty!

Hal Boedeker:
Casey Anthony: Did you hear that Nostradamus predicted that she would be acquitted?

Hello, Nostradamus, my old friend. We're going to talk about you again.

A reader has alerted me that the 16th century seer predicted that Casey Anthony will go free next year. She is charged with the first-degree murder of her daughter, Caylee.

Ah, that Nostradamus. Didn't he predict just about everything?

The reader cites a Nostradamus prediction: "The mother’s name is blackened by a silver mask,

"The people cry for vengeance, but truth prevails.

"Two thousand and ten finds Antone free."

Antone, of course, isn't Anthony. And silver mask? What's that?

I wrote about Nostradamus in 1991, when NBC was airing a reworked version of the 1981 documentary "The Man Who Saw Tomorrow." I looked at the original and talked to executive producer David L. Wolper for The Miami Herald.

Then I noted that Nostradamus' predictions, set down in a thousand quatrains, were so vague that they could be interpreted in different ways.

Wolper told me that he didn't believe people could see the future, and he didn't believe in Nostradamus, either. Rather, Wolper said he was simply supplying information. And quite profitably, I might add.

Nostradamus, a French physician, weighed in on widely differing issues, from the color of pig he would be served for dinner to date the world would end (he put it at 3797).

In 1991, Wolper was playing up possible predictions about Saddam Hussein. Wolper said that Nostradamus had warned of three maniacal leaders. Wolper said they were Hitler, Napoleon and possibly the Iraqi leader.

But Saddam Hussein -- not a problem anymore.

Wolper told me he was especially proud of a film clip: Nostradamus predicted a major earthquake in May 1988 would strike the "New City," a place in the New World.

"There was one in '89 (in San Francisco). Being a year off after 400 years is not so bad, after all," Wolper said.

Yeah, but he wasn't accurate.

When the reworked documentary aired in 1991, a notable cut was the prediction that Ted Kennedy would be a strong presidential candidate in 1984.

And that didn't happen.

Wolper said that Nostradamus had predicted Pasteur and Franco by name and came close to naming Hitler. Nostradamus referred to a "child of Germany" known as "Hister," yet Hitler was born in Austria.

"The man died in 1566," Wolper told me. "It's kind of interesting that 400 years after a man is dead, we're still talking about him, " Wolper said. "There aren't a lot of writers we're talking about 400 years after they passed away."

Well, there's always Shakespeare. We could certainly find a few parallels in his work to the Anthony case.

But good old Nosty is so murky, you can read whatever you like into his predictions.

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