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Casey Anthony defense files more motions, seeks to exclude key evidence!

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Casey Anthony defense files more motions, seeks to exclude key evidence! Empty Casey Anthony defense files more motions, seeks to exclude key evidence!

Post by artgal16 Tue Dec 21, 2010 6:53 pm

ORLANDO, Fla. -- Attorneys for Casey Anthony, who is accused in the death of her daughter, filed six motions Tuesday seeking to prevent a jury from ever hearing about several items and alleged incidents uncovered by Orange County sheriff’s investigators.

VIDEO: New Motion
Among the possible evidence and testimony Anthony wants excluded from her trial in the death of her daughter, Caylee:
•Her borrowing a shovel from neighbor Brian Burner in the days just after Caylee disappeared in June 2008.
•A table knife recovered from the car she was driving in the weeks after the disappearance.
•An encounter her father, George, had with Texas Equusearch founder Tim Miller, during which Miller claims Casey Anthony was “about to mark on a map where the body was” but failed to respond to a request that she do so.
•Assertions by Anthony family members that Casey has “a history of lying and/or stealing.”
•Sexual relationships Casey Anthony may have had with two men, including her last boyfriend, Anthony Lazzaro.

The motions ask Judge Belvin Perry to order the state to respond and set a date to hear arguments on whether the information should be excluded from the trial.

Each of the six motions details the defense’s arguments:

The Shovel

Just days after Caylee disappeared in June 2008, next-door neighbor Brian Burner recalls Casey Anthony borrowing his shovel and returning it within hours. The defense argues this information should be excluded because it, “has not been linked by witness to any forensic evidence whatsoever to any aspect of this case.”

If Burner’s testimony is admitted, it could prove damaging to the defense if jurors wonder why a mother -- whose 2-year-old daughter is missing-- would seek to borrow a shovel from a neighbor to, “dig up a bamboo root that she’s been tripping over,” as the neighbor recalls Casey saying.

Cadaver-sniffing dogs later alerted in the back yard of the Anthony home on Hopespring Drive, according to sheriff’s reports. The prosecution may argue that indicates Caylee’s body was placed in that back yard prior to being dumped around the corner of the home along Suburban Drive, where it was found nearly six months later in December 2008.

“Whether or not Ms. Anthony borrowed a shovel from Mr. Burner does not in any way make the charged offense more or less probable,” the defense motions states. “There is no evidence that Ms. Anthony used or intended to use the borrowed shovel to facilitate the commission of any of the charged crimes.”

The Knife

A table knife recovered by Cindy Anthony from the car her daughter was using, “is utterly irrelevant to the case at hand,” the defense argues. “Forensic testing on the table knife revealed no connection between the table knife and duct tape, the victim or any DNA.”

The knife was tested to determine if it was used to cut the duct tape that was found partially wrapped around Caylee’s skull, and no connection was noted in FBI lab reports.

The Map Scenario

Texas Equusearch founder Tim Miller claims that during a meeting with the Anthony family before Caylee’s body was found, he believed Casey was “about to mark on a map where the body was.” But, instead, Casey did not respond to the offer, Miller claims.

“Such speculation is totally unfounded, irrelevant and immaterial, and should in no way be admitted or testified to by any witness,” the defense argues in its motion.

History Of Lying

Members of the Anthony family have told investigators she has a history of lying and stealing, but the defense says "there are no allegations that character history of the defendant had anything to do with the charged offenses. ... Such improper character evidence" would be so prejudicial, it would outweigh any potential benefit it might have in leading a jury to a just verdict.

Sexual History

Two of the defense motions seek to block any mention of Casey Anthony’s sexual history with two men: Anthony Lazzaro and Anthony Rusciano.

Rusciano, a former boyfriend, and Lazzaro, her last boyfriend, were quizzed about their sexual history by detectives -- interviews the defense argues “are not relevant or material to any issue in this case and, further, are scandalous.”

The state attorney’s office will not comment on pending motions, but if ordered, they will have to reveal to Judge Perry whether they think any of the testimony should be allowed into evidence and, if so, why.
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Casey Anthony defense files more motions, seeks to exclude key evidence! Empty Re: Casey Anthony defense files more motions, seeks to exclude key evidence!

Post by Lilone Tue Dec 21, 2010 8:36 pm

Mr. Baez has only one screw and it is loose.
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Casey Anthony defense files more motions, seeks to exclude key evidence! Empty Re: Casey Anthony defense files more motions, seeks to exclude key evidence!

Post by Wrapitup Tue Dec 21, 2010 9:31 pm

About the only one I could see them winning is the table knife, but I doubt Judge Perry will allow any of these to be nixed.
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Casey Anthony defense files more motions, seeks to exclude key evidence! Empty Casey Anthony Wants Possible Evidence Excluded

Post by lisette Wed Dec 22, 2010 12:21 am

Motions Seek To Prevent Mention Of Knife, Shovel, Map, Sexual History
POSTED: Tuesday, December 21, 2010
UPDATED: 6:30 pm EST December 21, 2010

ORLANDO, Fla. -- Attorneys for Casey Anthony, who is accused in the death of her daughter, filed six motions Tuesday seeking to prevent a jury from ever hearing about several items and alleged incidents uncovered by Orange County sheriff’s investigators.
Among the possible evidence and testimony Anthony wants excluded from her trial in the death of her daughter, Caylee:
Her borrowing a shovel from neighbor Brian Burner in the days just after Caylee disappeared in June 2008.
A table knife recovered from the car she was driving in the weeks after the disappearance.
An encounter her father, George, had with Texas Equusearch founder Tim Miller, during which Miller claims Casey Anthony was “about to mark on a map where the body was” but failed to respond to a request that she do so.
Assertions by Anthony family members that Casey has “a history of lying and/or stealing.”
Sexual relationships Casey Anthony may have had with two men, including her last boyfriend, Anthony Lazzaro.
The motions ask Judge Belvin Perry to order the state to respond and set a date to hear arguments on whether the information should be excluded from the trial.
Each of the six motions details the defense’s arguments:
The Shovel
Just days after Caylee disappeared in June 2008, next-door neighbor Brian Burner recalls Casey Anthony borrowing his shovel and returning it within hours. The defense argues this information should be excluded because it, “has not been linked by witness to any forensic evidence whatsoever to any aspect of this case.”
If Burner’s testimony is admitted, it could prove damaging to the defense if jurors wonder why a mother -- whose 2-year-old daughter is missing-- would seek to borrow a shovel from a neighbor to, “dig up a bamboo root that she’s been tripping over,” as the neighbor recalls Casey saying.
Cadaver-sniffing dogs later alerted in the back yard of the Anthony home on Hopespring Drive, according to sheriff’s reports. The prosecution may argue that indicates Caylee’s body was placed in that back yard prior to being dumped around the corner of the home along Suburban Drive, where it was found nearly six months later in December 2008.
“Whether or not Ms. Anthony borrowed a shovel from Mr. Burner does not in any way make the charged offense more or less probable,” the defense motions states. “There is no evidence that Ms. Anthony used or intended to use the borrowed shovel to facilitate the commission of any of the charged crimes.”
The Knife
A table knife recovered by Cindy Anthony from the car her daughter was using, “is utterly irrelevant to the case at hand,” the defense argues. “Forensic testing on the table knife revealed no connection between the table knife and duct tape, the victim or any DNA.”
The knife was tested to determine if it was used to cut the duct tape that was found partially wrapped around Caylee’s skull, and no connection was noted in FBI lab reports.
The Map Scenario
Texas Equusearch founder Tim Miller claims that during a meeting with the Anthony family before Caylee’s body was found, he believed Casey was “about to mark on a map where the body was.” But, instead, Casey did not respond to the offer, Miller claims.
“Such speculation is totally unfounded, irrelevant and immaterial, and should in no way be admitted or testified to by any witness,” the defense argues in its motion.
History Of Lying
Members of the Anthony family have told investigators she has a history of lying and stealing, but the defense says "there are no allegations that character history of the defendant had anything to do with the charged offenses. ... Such improper character evidence" would be so prejudicial, it would outweigh any potential benefit it might have in leading a jury to a just verdict.
Sexual History
Two of the defense motions seek to block any mention of Casey Anthony’s sexual history with two men: Anthony Lazzaro and Anthony Rusciano.
Rusciano, a former boyfriend, and Lazzaro, her last boyfriend, were quizzed about their sexual history by detectives -- interviews the defense argues “are not relevant or material to any issue in this case and, further, are scandalous.”
The state attorney’s office will not comment on pending motions, but if ordered, they will have to reveal to Judge Perry whether they think any of the testimony should be allowed into evidence and, if so, why.

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Casey Anthony defense files more motions, seeks to exclude key evidence! Empty Re: Casey Anthony defense files more motions, seeks to exclude key evidence!

Post by artgal16 Wed Dec 22, 2010 8:23 am

Several motions were filed by the defense yesterday to attempt to preclude damaging information about Casey Anthony in the upcoming murder trial. Let’s take a look at these.

■Motion in Limine Regarding any Testimony that Defendant has History of Lying or Stealing – the request boils down to trying to preclude any statements made by friends and/or family about Casey being a liar and/or thief (i.e. prior bad acts). Keep in mind that “prior” will be argued to start retroactive to June 16th, 2008 because the state is going to make the claim that is the day Caylee Anthony was murdered and every relevant lie on or past that date will be toward a consciousness of guilt and an attempt to cover up that Caylee had been murdered and dumped in a swamp versus having the time of her life at [fill in the amusement park]. Most likely this motion will be granted for any behavior prior to June 16th, 2008….but the state will fight hard to keep the covering lies told by Casey Anthony from June 16th on in as evidence of the intentional cover-up of her crime.
■Motion in Limine to Prohibit the Introduction of the Table Knife – there was allegedly a table knife in Casey’s Pontiac at the time it was recovered from the impound lot. Cindy Anthony, Merry Maid extraordinaire, took it, along with potentially skanky death clothes and other items out of the car, apparently washed it and placed it in the silverware drawer as far as can be discerned from discovery documents. Law enforcement requested it and she allegedly retrieved the specific knife. The knife handed over was tested but no real evidence of value came from those tests. I think you can see a myriad of reasons the knife will be excluded. They don’t even know if they have the same knife.
■Motion in Limine Regarding Testimony of Neighbor Brian Burner in Reference to Shovel – unlike the table knife, the shovel cannot be assumed to be “unrelated” to the events surrounding the death and disposal of Caylee Anthony. While there has never been any indication of some connection between the knife and anything related to Caylee’s death, there are ample reasons the the shovel may be connected.
■It was borrowed 2 or 3 days after Caylee died, and potentially on the day her body was either prepared for disposal, or actually disposed of.
■There were hits on the backyard and contrary to what the defense will try to say about those hits, they were still hits and the connection between the borrowing of the shovel, the estimated time the body was kept in the trunk, the estimated time the body was removed from the trunk and the evidence from the Anthony home that was with the body (i.e. Whitney laundry bag, Winnie the Pooh blanket, trash bags, duct tape, etc.) there is a clear indication that Casey at least prepared the body at the Anthony home either at the time of death or subsequent to the death.
■And lastly, let us not forget the “17 allele”. The defense, via now missing Linda Kenney Baden previously attempted to taint the jury pool by presenting this one allele, which was denoted as under conclusive limits, as an indication of a “stranger’s DNA” on the duct tape. In addition, they now have Richard Eikelenboom, who has been listed as an expert witness in DNA (more specifically “contact DNA” who may very well be planning to testify about this one little allele. As I have stated numerous times before, while the state will not bring up this inconclusive, less than one human cell, parenthetical allele on the duct tape, if the defense does they will open the door for the state to point out that Brian Burner has that 17 allele in his DNA. The shovel handle returned a mixture of at least 2 people, one female, one trace male. That 17 allele, which should never be introduced by either side, goes both ways if brought in.
■Motion in Limine to Preclude Testimony of Anthony Rusciano about Sexual Relations – most likely will be granted due to it being well prior to June 16th, 2008, irrelevant to the events surrounding Caylee’s death and disposal, and “prior bad acts” or maybe it was good….I wasn’t there so I can’t offer a score.
■Motion in Limine to Preclude statements of Anthony Lazaro about Sexual Relations – unlike the “other Anthony”, Tony Lazaro’s statements about any “hot monkey sex” that may have gone down between him and Casey on or after June 16th, 2008 most likely will not be tossed out. It must be remembered that the only “scenario” presented to date by the defense (via their client) is that Caylee was kidnapped on June 16th, 2008 and for “31 days” Casey did everything in her power (including in her own words lying and stealing) to find Caylee. If she went to Blockbuster, rented movies, ate popcorn and rounded out the night with a bump a grind session with Tony, it’s most likely pretty relevant. After all, I’m almost certain Zanny and Caylee were not hiding under Tony’s sheets.
■Motion in Limine Regarding Speculation as to Defendant’s Knowledge – this motion is to exclude speculative statements that have been said by Tim Miller about the incident that took place at the Anthony home when he got a map out, George brought Casey to the table and asked her to put an X where Tim and TES searchers should look for Caylee. Please note that while this motion will probably be granted as to any speculation Tim Miller might have about whether Casey was about to mark the spot or not, it won’t preclude Tim Miller recounting the incident sans the speculation. In other words, Tim’s speculative statements imply that Casey knew where the body was, almost marked the map, but didn’t. He gets to tell what happened….he just doesn’t get to say it in away that implies her knowledge or that she was about to share it. At this point it is real unclear to me as to whether Tim will be called at all, so this whole issue may be a very moot point.
Valhall.
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Casey Anthony defense files more motions, seeks to exclude key evidence! Empty Re: Casey Anthony defense files more motions, seeks to exclude key evidence!

Post by Nama Wed Dec 22, 2010 12:20 pm

Casey Anthony's defense team doesn't want the jury in her murder trial to hear about Casey's sexual relationships, her alleged lies, or allegations of a habit of stealing.

What else is there to know about her? That about sums it up.
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Casey Anthony defense files more motions, seeks to exclude key evidence! Empty Re: Casey Anthony defense files more motions, seeks to exclude key evidence!

Post by artgal16 Wed Dec 22, 2010 12:24 pm

ORANGE COUNTY, fla. -- Casey Anthony's defense team doesn't want the jury in her murder trial to hear about Casey's sexual relationships, her alleged lies, or allegations of a habit of stealing.

Late Tuesday, Casey's lead defense attorney, Jose Baez, filed six motions asking Chief Judge Belvin Perry to exclude key evidence and testimony in the murder case. The attorneys said certain pieces of evidence are "irrelevant and scandalous."


The evidence includes Casey's sexual history, and testimony from her ex-boyfriend Tony Lazzaro.

WFTV's legal analyst Bill Sheaffer said it will be a hard sell for the defense team.

"It's very important to show at the time that Caylee went missing that Casey's conduct was inconsistent with a mother whose child had gone missing," Sheaffer said.

Casey's parents have made statements stating that their daughter has a history of lying and stealing. But attorneys say Casey's character history has nothing to do with the allegations that she murdered her daughter, Caylee.

The defense also wants to keep the jury from hearing about a table knife found in Casey's car, and speculation that she almost told Texas Equusearch founder, Tim Miller, where Caylee's body was located.

Bill Sheaffer, says certain statements from Casey's parents about her past are irrelevant along with that table knife since Caylee wasn't stabbed.

Defense attorneys also don't want the jury to hear about the shovel Casey borrowed from a neighbor, after Caylee disappeared. The defense says the shovel has not been linked to a crime by her neighbor or forensic evidence.

"The shovel will probably come in. The reason being is that circumstantially that's consistent with the cadaver dogs having hit on Caylee's body in the back yard," Sheaffer said.

The defense is asking for prosecutors to respond to the motions and for a hearing.

If state prosecutors are forced to respond to the motions in writing and open court, the defense will learn more about their strategy in this case.

A hearing date to take up these motions has not been set.
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source: wftv.com
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Casey Anthony defense files more motions, seeks to exclude key evidence! Empty Re: Casey Anthony defense files more motions, seeks to exclude key evidence!

Post by artgal16 Wed Dec 22, 2010 12:36 pm

Casey Anthony defense attorneys filed a series of motions late today designed to keep statements and evidence they claim may prejudice their client out of the upcoming first-degree murder trial.

Among the statements they want blocked from entering the trial: Casey Anthony's sexual relations with Anthony Lazzaro and Anthony Rusciano.

One motion filed today complains about detectives who interviewed Rusciano "regarding his alleged sexual relationship" with Casey Anthony.

Defense attorneys Cheney Mason and Jose Baez call the questioning improper and "not relevant or material to any issue in this case." It goes on to say the questions and responses are "scandalous and incompetent and should not be allowed in any aspects of this case."

The defense particularly takes issue with detective Yuri Melich asking, "How was she when she had sex? Was she one of those people that would be real clingy, or was it just matter of factly (sic), or was it just okay, we're done, I'm going home?"

The defense motion states "any prior sexual relationship between Mr. Rusciano and Ms. Anthony is irrelevant to the charges in the present case."

The motion regarding Lazzaro includes similar language and arguments. Including testimony about their sexual relationship "would create a danger of unfair prejudice" and failing to exclude it "would seriously and irreparably undermine Ms. Anthony's right to a fair trial."

Casey Anthony, 24, is charged with first-degree murder in the death of her 2-year-old Caylee Marie. Her trial is scheduled to begin in May. The child's remains were found in a heavily wooded area not far from the Anthony home in east Orange in December 2008.

The defense team filed six motions late today, seeking to block certain testimony from several witnesses, including her father.

The defense wants to block statements from George Anthony, asserting that Casey Anthony has "a history of lying and/or has a history of stealing."

Again, the defense argues such statements are not relevant and would unfairly prejudice their client.

"Ms. Anthony has been charged with capital first degree murder, aggravated child abuse, and four counts of providing false information to a law enforcement officer," the motion states. "Evidence that there was a history of lying or stealing does not tend to prove any element of the offenses for which she is charged and, thus, is inadmissible as irrelevant."

The defense also wants the court to prohibit the prosecution from introducing a "table knife" found in Casey Anthony's case and testimony related to the knife.

"There is no witness, scientific, or forensic, evidence to link this table knife to any issue in this case," that motion states.

Yet another motion seeks to block the testimony of neighbor Brian Burner, regarding Casey Anthony's borrowing a shovel.

"The shovel has not been linked by witness or any forensic evidence whatsoever to any aspect of this case and, accordingly, is irrelevant and immaterial," the defense motion argues.

Burner told a detective in mid-July 2008 that during the week of June 16, 2008, Casey Anthony asked for a shovel to "dig up…um…a bamboo root that she's been tripping over…and I agree. I said, 'Yeah I have a shovel that you can use.'"

The defense motion states, "Evidence that Ms. Anthony borrowed a shovel from her neighbor does not tend to prove any element of the offenses for which she is charged and, thus, is inadmissible as irrelevant."

Finally, in a sixth motion, the defense wants to prohibit testimony from Texas EquuSearch President Tim Miller and his "opinion" to a detective and others that Casey Anthony on certain occasions was "about to mark on a map where the body was."

Anthony's attorneys say discovery provided by the prosecution indicated their client was questioned at home about Caylee Marie and shown a map. "She was asked to mark where [the] body would be found," the motion says. "She did not respond."

Any reference to the map and the request must be excluded from the trial to protect her right to a fair trial, the defense argues.

For each of the motions filed today, the defense is asking for a response from the state and hearing on the issues. The defense said it also reserves the right to renew the motions at trial.

source
orlandosentinel.com
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Post by Nama Wed Dec 22, 2010 12:37 pm

Detectives asked Rosciano whether Anthony was "clingy" when she had sex, whether they used protection, whether Anthony had any sexually transmitted diseases and where they had sex. Defense attorneys say the questions are irrelevant.

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Casey Anthony defense files more motions, seeks to exclude key evidence! Empty Re: Casey Anthony defense files more motions, seeks to exclude key evidence!

Post by artgal16 Wed Dec 22, 2010 12:38 pm

The thing that intrigues me the most is this story about Casey possibly ready to mark a map where the body was. Ive always wondered if that could possibly be true.
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Post by Wrapitup Wed Dec 22, 2010 1:02 pm

there was allegedly a table knife in Casey’s Pontiac at the time it was recovered from the impound lot. Cindy Anthony, Merry Maid extraordinaire, took it, along with potentially skanky death clothes and other items out of the car, apparently washed it and placed it in the silverware drawer as far as can be discerned from discovery documents. Law enforcement requested it and she allegedly retrieved the specific knife. The knife handed over was tested but no real evidence of value came from those tests. I think you can see a myriad of reasons the knife will be excluded. They don’t even know if they have the same knife.
How does LE know there was a knife to begin with if Cindy took it? Did she actually tell them, "hey, there was also a table knife in the car but I took it out of the car and washed it. Here it is." I would say that is definitely Obstruction.

Testimony of Anthony Rusciano about Sexual Relations – most likely will be granted due to it being well prior to June 16th, 2008, irrelevant to the events surrounding Caylee’s death and disposal, and “prior bad acts” or maybe it was good….I wasn’t there so I can’t offer a score.
ROFLMAO ROFLMAO ROFLMAO
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Casey Anthony defense files more motions, seeks to exclude key evidence! Empty Re: Casey Anthony defense files more motions, seeks to exclude key evidence!

Post by Wrapitup Wed Dec 22, 2010 1:04 pm

artgal16 wrote:The thing that intrigues me the most is this story about Casey possibly ready to mark a map where the body was. Ive always wondered if that could possibly be true.
I think JP w/rule it as "heresay". I do NOT think Tim Miller lied about that at all. I think it's true but once again, Cindy interfered and whisked Casey away. Now, why would she do that if she is intent on finding her granddaughter? IMHO, Cindy should have been arrested for obstruction for many things she did to prevent LE to do their job.
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Post by artgal16 Wed Dec 22, 2010 1:08 pm

I believe Cindy knew where Caylee was buried from the time Casey was released from jail the first time.
Lee got the story from Casey and he told Cindy. I dont think that Casey could have kept it to herself she had to tell someone - I think Cindy told George the story that it was an accident that snowballed. It sounds like Cindy to keep George out of the loop and tell him only what she wanted him to know. IMO no one could calmly eat dinner at a hotel while their granddaughter was being dug up from the ground unless they already knew where the body was.
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Post by Wrapitup Wed Dec 22, 2010 1:24 pm

I agree. Although when she took the clothes and the knife out of the car, that was on July 15th - before she tracked Casey down. Correct? So, due to the horrible smell which as a nurse she knew that smell...she also had a pretty good idea what was going on as did George. This is MOO!
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Casey Anthony defense files more motions, seeks to exclude key evidence! Empty Re: Casey Anthony defense files more motions, seeks to exclude key evidence!

Post by artgal16 Thu Dec 23, 2010 9:56 am

WFTV is reporting that in the latest filings by Casey Anthony's defense team state that she doesn't want the jury in her murder trial to hear about her sexual relationships, her alleged lies, or allegations of a habit of stealing.

The question of Casey taking the stand in her own defense may be answered by the motions filed by the defense.
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From WFTV:

Late Tuesday, Casey's lead defense attorney, Jose Baez, filed six motions asking Chief Judge Belvin Perry to exclude key evidence and testimony in the murder case. The attorneys said certain pieces of evidence are "irrelevant and scandalous."


The evidence includes Casey's sexual history, and testimony from her ex-boyfriend Tony Lazzaro.

WFTV's legal analyst Bill Sheaffer said it will be a hard sell for the defense team.

"It's very important to show at the time that Caylee went missing that Casey's conduct was inconsistent with a mother whose child had gone missing," Sheaffer said.

Note that part of the overall theme of the circumstantial evidence will be Casey's response to the disappearance of Caylee. This would include:

Waiting a month to report her missing;
Her alleged private "searching", including the party photos, shopping spree on stolen funds, and the celebratory tattoo she got; all while alleging that Caylee was kidnapped.

This is what may keep Casey from testifying on her own behalf: the cross examination would seek out answers as to her behavior while she alleged that Caylee was in the hands of a kidnapper. Jose Baez (and the Anthony family) has long said that Casey had her reasons for doing what she did, and that the public would get those reasons at trial. Repeatedly, Baez has stated that she had good reason for doing what she did, but shortly after, he began a long stretch of floating possible reasons why Casey did what she did, including the "ugly coping". When each possible explanation was met with ridicule and scorn, Baez stopped telling the press that Casey had good reason for partying, shopping, getting a tattoo, etc, while her daughter was alleged to have been kidnapped.

Casey's parents have made statements stating that their daughter has a history of lying and stealing. But attorneys say Casey's character history has nothing to do with the allegations that she murdered her daughter, Caylee.

Cindy Anthony herself sought to separate lying and stealing from murder when she said, "just because Casey may have said a few mistruths doesn't make her a murderer."

The defense also wants to keep the jury from hearing about a table knife found in Casey's car, and speculation that she almost told Texas Equusearch founder, Tim Miller, where Caylee's body was located.

Bill Sheaffer, says certain statements from Casey's parents about her past are irrelevant along with that table knife since Caylee wasn't stabbed.


Defense attorneys also don't want the jury to hear about the shovel Casey borrowed from a neighbor, after Caylee disappeared. The defense says the shovel has not been linked to a crime by her neighbor or forensic evidence.

"The shovel will probably come in. The reason being is that circumstantially that's consistent with the cadaver dogs having hit on Caylee's body in the back yard," Sheaffer said.

What could the defense claim that would make borrowing a shovel by a mother who's daughter was being held by a kidnapper, that would show it irrelevant?

It appears that the defense is attempting to portray themselves as actively engaged in her defense; merely by filing motion after motion after motion.

What has the defense actually done?

The defense is asking for prosecutors to respond to the motions and for a hearing.

If state prosecutors are forced to respond to the motions in writing and open court, the defense will learn more about their strategy in this case.

Why would the defense need to know the strategy of the prosecution? The know the charges and what has been alleged. The prosecution's strategy is to show that Casey planned and executed her plan to kill Caylee, and then went into celebration mode afterwards; all the while getting her family to agree that the baby was taken by a non-existing nanny.

WFTV had previously stated that Dr. Henry Lee's absence from the defense could hurt the case. I generally appreciate the work WFTV does, but this particular statement puzzled me (and others)

How? How could Lee help or hurt the case?

What impact could Dr. Lee have had? If he testified that the DNA collection was not done well, it would not negate the mountain of evidence that showed premeditation and scheming to cover up the murder. If he testified that he found more hair strands than the original crime scene examiner, what would it prove?

A hearing date to take up these motions has not been set.
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Post by Nama Thu Dec 23, 2010 12:42 pm

Jose Baez (and the Anthony family) has long said that Casey had her reasons for doing what she did, and that the public would get those reasons at trial.
I can hardly wait for the 'Aha Moment' that Baez promised us so long ago. ROFLMAO
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Post by laga Thu Dec 23, 2010 12:53 pm

BJ♥️OR wrote:
Jose Baez (and the Anthony family) has long said that Casey had her reasons for doing what she did, and that the public would get those reasons at trial.
I can hardly wait for the 'Aha Moment' that Baez promised us so long ago. ROFLMAO

Yes, and the moment Cindy promised when we will know the truth and realize kc is actually "mother of the year". la la la
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Post by Nama Thu Dec 23, 2010 1:11 pm

by laga Today at 1:53 pm Yes, and the moment Cindy promised when we will know the truth and realize kc is actually "mother of the year". la la la

Exact quote:
Cindy Anthony: "And once Cas...Caylee is found and is brought back home, someone will give Cay...Casey the Mother of the Year award for all of this, because when mothers across the United States, or fathers, or grandmothers, or whatever find out what she's done to protect her child, they're gonna, they're going to say 'Oh my God, that poor girl.' "
la la la
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Post by Nama Thu Dec 23, 2010 1:15 pm

Casey Anthony: "Mother of the Year?"
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Post by raine1953 Thu Dec 23, 2010 1:35 pm

BJ♥️OR - Casey Anthony: "Mother of the Year?"
Yup, her being Mother of the Year is down the toilet. BJ, you are SO good at finding things that fit and you're so fast! you rock

I remember when CA spewed that garbage out of her mouth about the truth coming out.... omg Barf gag me.

I so wish the Ant's or at least CA would be charged with obstruction or something when this is all said and done. I've never even had these thoughts about grandparents before. The Ant's bring out the worst in me I'm afraid.... angry
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Post by charminglane Thu Dec 23, 2010 2:41 pm

Oh my God, that poor girl.
Caylee, that is.
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Post by lisette Tue Dec 28, 2010 3:59 pm

The hearing on these motions will be Monday, Jan. 3...Not sure of the time. Wonder if Ashton's motion about sanctions against Bozo will also be heard at that time.
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Post by Wrapitup Wed Dec 29, 2010 6:48 am

The time is 1:30 EST.
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Post by artgal16 Wed Dec 29, 2010 2:57 pm


Casey Anthony's lawyers do not want a jury to hear anything about a heart-shaped sticker during her upcoming trial for murder.

The sticker was mentioned in a report on what was found near the body of Casey's 2-year-old daughter, Caylee, two years ago.

According to that report, an FBI technician found heart-shaped glue residue on the duct tape authorities said was put on Caylee's mouth.

The report also said a heart-shaped sticker was found near the girl's body.

But attorney Jose Baez said there is no proof the glue residue came from any sticker, and that the residue was eventually destroyed.

Baez has asked a judge to make sure the sticker and glue do not come up at Casey's trial, which is set to begin in May.
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Post by artgal16 Wed Dec 29, 2010 2:58 pm

Well even if the judge says the heart shaped glue residue cannot come in as evidence, I think that little heart sticker found near the body will come in. After all that is material evidence - isnt it?
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Post by Wrapitup Wed Dec 29, 2010 5:31 pm

Yes, it is and I think it will come in.
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Post by artgal16 Fri Jan 07, 2011 7:50 pm

ORLANDO, Fla. -- If Casey Anthony's murder trial moves into a penalty phase, the defense's witness list will be made public, Judge Belvin Perry said on Friday.

The defense had filed a motion asking that the penalty phase witness list be sealed.

"We're concerned that any potential penalty phase witnesses who know that they are going to be listed or once they have been listed will be reluctant to come forward," Anthony defense attorney Ann Finnell said at a December hearing on the motion.

Perry said in an order that Anthony's defense did not adequately prove a reason for why the list needed to be kept private.

READ: Judge Perry's Order

"Many of the potential penalty phase witnesses are presumably already known to the public at large and are already associated with this case," Perry said in the order. "Release of any known individual's names could not possibly deprive (Anthony) of her fair trial rights."

The next hearing in the case is scheduled for Jan. 14. WESH.com will provide live coverage.

Anthony's murder trial is scheduled to begin in May.

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Post by lisette Fri Jan 07, 2011 10:58 pm

ORLANDO, Fla. -- New hearings have been scheduled for defense motions to suppress key prosecution evidence against Casey Anthony in her upcoming murder trial in May.

VIDEO REPORT: Judge Denies Defense Motion
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On March 2 and March 3, the defense will try to convince the judge to throw out evidence that cadaver dogs alerted to different spots in Casey's backyard. It also wants to throw out Casey's statements to her family, her jail pen pals, and to law enforcement.

Meanwhile, Casey's defense team was dealt another blow to the case Friday. Chief Judge Belvin Perry denied the defense request to seal the names of the death penalty witnesses and the information they provide.

The defense claimed the potential public exposure is preventing people from helping Casey avoid a death sentence if she's convicted of murdering her daughter Caylee.

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Post by raine1953 Fri Jan 07, 2011 11:51 pm

Next the defense will ask for all charges be dismissed against Casey. WTF
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Post by Praying For Faith Sat Jan 08, 2011 12:25 am

raine1953 wrote:Next the defense will ask for all charges be dismissed against Casey. WTF

This is exactly what makes me sick with these criminal defense attorneys. Yes, they are good at what they do, but how can they look at themselves in the mirror. No conscience at all. JMO!!!

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Post by raine1953 Sat Jan 08, 2011 12:48 am

Praying For Faith wrote:
raine1953 wrote:Next the defense will ask for all charges be dismissed against Casey. WTF

This is exactly what makes me sick with these criminal defense attorneys. Yes, they are good at what they do, but how can they look at themselves in the mirror. No conscience at all. JMO!!!

For years, I've never been able to understand how these defense attorneys are able to live with themselves. All in the name of the almighty buck, unbelievable.... over reaction
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Casey Anthony defense files more motions, seeks to exclude key evidence! Empty JOSE BAEZ FINED NEARLY $600

Post by Wrapitup Sat Jan 08, 2011 2:46 am

Judge Belvin Perry granted the prosecution's request for sanctions in the case against Casey Anthony, according to an order released Thursday. Defense attorney Jose Baez was fined nearly $600 for breaking the rules.

DOCUMENT: Read Judge's Order
BILL SHEAFFER: Analysis Of Granted Request

Perry ordered Baez on Monday to give prosecutors more information about defense experts, but he didn't do it. However, Perry punished Baez in a way that won't jeopardize Casey Anthony's right to a fair trial.
The jury will never know about the fine, but WFTV legal analyst Bill Sheaffer said Baez's actions could have backfired.

"Was there any particular reason why that was not complied with?" Perry asked Casey's attorney Cheney Mason in court Monday.

"The answer to that is I don't know," Mason replied.
Baez let Casey's other lawyer answer to accusations that Baez wasn't playing fair. He refused to provide prosecutors with defense experts' opinions, before the experts are questioned under oath, before the May murder trial and he defied the judge's order to do so.

Instead, he wisecracked that his botany expert would testify about botany and one expert would rebut any false claims made by prosecution experts.

"A lack of maturity, again a lack of experience and it just doesn't speak well of him professionally," Sheaffer said.

Perry gave Baez seven days to write a $583.73 check to the state. It's reimbursement for the seven hours it took the prosecution to work on its motion demanding action against Baez for breaking the rules.

Otherwise, Baez could have hurt the defense.

"You run the risk of having sanctions imposed, that sanction being the exclusion of that witness's testimony," Sheaffer said.

The judge told Baez those opinions that don't go into those defense expert reports won't come into trial.
Baez has five days to appeal the amount of his fine and he now has up to 20 days to provide those reports to prosecutors.

Casey's defense team will be back in court next week to discuss picking a jury for her murder trial. A status hearing is scheduled for a week from Friday.

The judge said they'll talk about the costs of selecting and sequestering the jury. Jurors will be chosen in another county and will be brought to Orange County for the trial in May.

Casey is not required to attend the hearing.

Meanwhile, defense expert, botanist Dr. Jane Bock will be deposed on January 18. Defense bug expert Dr. Tim Huntington will be questioned under oath on January 28.

The experts have been ordered by the judge to provide written reports before the depositions.

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Post by lisette Wed Jan 19, 2011 9:09 am

Linda Drane-Burdick's response to the motions to exclude can be found at:

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Also, Valhall has a great article about them on Hinky Meter:
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Post by artgal16 Wed Jan 19, 2011 9:31 am

I read the hinkymeter post - I believe everything that LDB has rebutted will be ruled on by JP as relevent to this trial. LDB is a brilliant lawyer. She is going to completely dominate this case with her slow steady and methodical questioning and make Baez and Mason look the fools that they are.
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Post by lisette Wed Jan 19, 2011 9:37 am

Valhall's article was so good that I decided to go ahead and bring it over here...I think permission has been granted to do that, if I remember correctly...

Caylee Anthony case: Linda Drane Burdick argues…death really isn’t all that different
Posted on January 19, 2011 by Valhall
The State of Florida filed a response to the defense’s barrage of motions requesting that all manner of evidence be deemed irrelevant, prejudicial, etc. In the State’s response the lovely Miss Linda argued that while the State of Florida wants the death penalty administered fairly and in accordance with the statues, contrary to the defense team’s mantra that “death is different”…it really isn’t. Linda Burdick argues that the Rules of Evidence are the Rules of Evidence, irrespective of whether Casey ultimately gets to keep breathing after they are applied. She says irrespective of the crime you are charged with or the penalty you are facing, relevant evidence is relevant evidence, hearsay is hearsay, and improper character evidence is just that. Come to find out there are not two categories for each of these types of evidence…whodda thunk!?

Linda Drane Burdick then approaches the issue of relevant evidence versus highly prejudicial evidence. The defense team has listed in their motions several unsavory acts by Casey (i.e. boinky-boink, thieving, lying, etc.) that she engaged in contemporaneous to the period of time Caylee Anthony was missing (i.e. dead) and unreported to authorities or anybody else for that matter. Ms. Burdick points out that relevant evidence (i.e. incriminating evidence to a crime) is inherently prejudicial….because it makes you look like a criminal, and that there really isn’t anything that can be done about that. It is only when it makes you look like a scum-sucking bottom-dweller without connecting that bottom-dweller behavior to matters of the crime you are charged with that it becomes unfairly prejudicial. In other words, if you’re charged with murder and the evidence points to you being guilty of murder, it’s okay if the jury ends up not liking you for that. They just don’t get to be made to dislike you because you’re also a worthless POS in unrelated areas of your life.

Now, Ms. Burdick argues this because the first matter at hand is the sexual activity of Casey Anthony. The state agrees that the sexual relationship between Anthony Rusciano and Casey Anthony is unrelated to the crimes Casey is charged with and therefore would be prejudicial and irrelevant. They won’t be going there. BUT, Ms. Burdick argues, Casey having hot-monkey sex with Anthony Lazzaro for the month that Caylee Anthony was lying rotting in a swamp is, in the eyes of the State, very much relevant. Because during none of the pillow talk, mattress-bouncing, movie watching, or any other “fun activity” between the two of them did Casey ever one time mention to Tony that – hey, my daughter is missing! In fact, she lied heapum-big lies for a month every time Caylee was brought up.

Why is this important? Because Casey told investigators that she had been conducting her own investigation and doing everything in her power to find her daughter (including, lying, stealing, etc.). Ms. Burdick points out that Casey, instead, was “playing house” with Tony Lazzaro. As pointed out before, Zanny the Nanny and Caylee couldn’t possibly have been hiding in Tony Lazzaro’s sheets.

Linda Drane-Burdick then makes a similar argument about the defense’s motion concerning Casey being described by her family as a ginormous liar. In the State’s argument Ms. Burdick points out that lies and bad behavior that pre-date the suspected date of Caylee’s death may, in fact, fall under the ruling of prejudicial and irrelevant, but then again the lying to her parents may, in fact, point to her spiraling toward the moment she decided that the whole family dynamic and the burden of Caylee necessitated offing her own child. In addition, Ms. Burdick points out that the incessant lying to Cindy Anthony for a full month on where Caylee was points to consciousness of guilt and therefore is very relevant to the crime and its cover up.

Then the State moved to the defense’s motion of excluding testimony about Casey borrowing Brian Burner’s shovel. Basically the state’s response reduces to – you’ve got to be joking, right? Ms. Burdick points out that the three visits to the Anthony home in the first week Caylee Anthony is believed to have been murdered falls into that category of – if it makes you look guilty, then, yeah, it’s prejudicial and big phat deal. Put your happy pants on. Ms. Burdick points out that Casey coming to her parents’ home three times that week, always when they were gone, backing into the garage, and borrowing an implement from the neighbor that could have been considered/attempted to be used in the concealment of Caylee’s remains is pretty probative…more so than it is prejudicial. It’s called circumstantial evidence, I think.

On the issue of the Bella Vita tattoo – Ms. Burdick makes a similar argument to that presented concerning Casey and Tony Lazzaro’s sexual relationship…because of the timing, and the “story” Casey gave investigators once Caylee was reported missing (i.e. that she was 100% investigating where Caylee was), throwing down 400 stolen bucks for a tattoo proclaiming her “beautiful life” kind of points toward consciousness of guilt and her not really all that upset about anything. Ms. Burdick then presents a similar argument for the “Diary of Days” posting on Casey’s Myspace that the defense team wants excluded. She gets a zing in here by pointing out that it is ironic the defense team is claiming these are lyrics from a Hayden Christianson song (a claim the State can’t verify), and curiously Hayden Christianson is in the movie Jumper which Casey and Tony watched the night Caylee was allegedly kidnapped.

The State argues that Cindy’s Myspace blog entry about Caylee being missing is relevant to the case because it shows Cindy’s desperation to find out where Caylee was, the relationship between Cindy and Casey in that one month of Caylee being missing, and that Casey wasn’t talking to anybody about the truth, not even her own mother.

Valhall.
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Post by artgal16 Wed Jan 19, 2011 3:59 pm

ORLANDO, Fla. -- The prosecution in the case against Casey Anthony is showing its hand for the first time.

Just before the end of the year, the defense filed more than a dozen motions asking that specific pieces of evidence be excluded from the murder trial, which is scheduled to begin in May.

Casey's Tattoo

One of the defense motions asked that Anthony's "la bella vita" tattoo be excluded from the trial because it was not relevant, the defense said. The phrase means "the beautiful life" in Italian.

The prosecution argues that the timing and the nature of the tattoo are relevant to the case.

"A jury is entitled to view the defendant getting a tattoo as an expression of her preference for her life without Caylee," the prosecution wrote.

Anthony got the tattoo on July 2, 2008. Caylee Anthony was reported missing on July 15.

"The facts and circumstances surrounding (Anthony) and her state of mind in obtaining the tattoo are also relevant," the filing said. "It is merely one of many examples of the defendant's actions during the crucial time period that Caylee went missing unreported, and according to (Anthony), when she was conducting her own search."

The prosecution claims that the tattoo's meaning could be read as "either an epitaph for her daughter, or signaling a new beginning for herself."


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Tony Lazarro's Statements

The prosecution also said that while it believes the details of Tony Lazarro's sexual relationship with Anthony is not relevant to the case, it believes that the existence of a relationship between the two during the time that Caylee was missing is "highly relevant."

The prosecution claims that Anthony spent most of the 31 days that Caylee was missing with Lazarro, but only mentioned that her daughter was being cared for by her grandmother or a nanny.

"Upon learning of the child's 'kidnapping', one of the first text messages from Mr. Lazarro to Miss Anthony expressed incredulity that she did not confide these 'facts' in him," the prosecution said. "Does this proffered evidence-- that Casey Anthony and Anthony Lazarro engaged in an intimate relationship yet she told him nothing of her daughter's disappearance-- have a legitimate tendancy to prove that the child was not kidnapped?"

The prosecution claims that their relations seem to disprove the fact that Anthony was conducting her own investigation.

Casey Borrows A Shovel

Defense attorneys also asked that evidence of Anthony borrowing a shovel from her neighbor, Brian Burner, be excluded from the trial.

"The notion that (Anthony) borrowed a shovel to do some light yard work is preposterous," the prosecution wrote. "The more reasonable explanation is that (Anthony) borrowed the shovel with the intent to bury her daughter."

MySpace & The State's Case

The prosecution replied to two specific pieces of evidence from the social networking site MySpace.

In one instance, the defense filed a motion to exclude Anthony's MySpace entry titled "Diary of Days."

According to the prosecution, defense attorneys claim the posting contains lyrics from a song by Hayden Christiansen, which prosecutors said they had been unable to confirm.

"It is interesting to note that Hayden Christiansen, the actor, was in a movie called 'Jumper' that (Anthony) rented at Blockbuster with her boyfriend, Anthony Lazzaro, on June 16, 2008, the day that Caylee was last seen alive," the prosecution wrote.

Prosecutors claim the MySpace posting is "inconsistent in content with that of a mother desperately seeking her kidnapped child."

In the new filing, prosecutors also say that a MySpace message sent by Anthony's mother, Cindy Anthony, to her, is evidence that the two had a rocky relationship during 2008.

"The posting is an untarnished view of the relationship that existed between Casey Anthony and her mother at the time of Caylee's 'disappearance' and evidence of a desperate attempt by the grandmother to learn of the fate of her grandchild," prosecutors said. "The posting is also relevant to show what Casey Anthony did or did not do in response to her mother's attempts to see Caylee."

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Post by Guest Wed Jan 19, 2011 4:06 pm

In the new filing, prosecutors also say that a MySpace message sent by Anthony's mother, Cindy Anthony, to her, is evidence that the two had a rocky relationship during 2008.
That is a under statement.
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Post by artgal16 Wed Jan 19, 2011 4:13 pm

The good news is that the case against her is extremely strong. For the life of me, I cannot understand what the defense can possibly present to counterbalance all this evidence. No nanny, no Kronk
no way to prove the body was placed there after Casey was in jail and maybe not a lot of expert witnesses who can help with testimony either. If they are counting on the witnesses they just deposed this week
to say there was no water or that they searched where
Caylee was eventually found, I dont think that will fly either. I just dont see how they can present a defense at all! It will be interesting!
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Post by Guest Wed Jan 19, 2011 6:51 pm

Your right on artgal. The Prosecutors have pictures of that area under water taken around that time. Many wittiness will testify it was under water. There is also press coverage of Tim Miller postponing the search due to all the flooding in that area. They have no defense.
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Post by Wrapitup Wed Jan 19, 2011 9:14 pm

The defense does not have a leg to stand on!!!!
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Post by lisette Wed Jan 19, 2011 11:11 pm

If I remember correctly, these are the motions that JP will rule on after receiving these written responses from the state...No hearings will be held. Wonder when he'll rule?
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