Casey Anthony Defense Wants Heart Sticker Thrown Out/Defense Wants Casey's Reaction to Finding Remains and Decompositional Odor Analysis Excluded From Trial/Numerous Motions Filed December 30, 2010

Casey Defense Wants Heart Sticker Thrown Out
Defense Claims Sticker On Duct Tape Attacked To Skull Wasn't There

POSTED: 6:01 pm EST December 28, 2010
UPDATED: 6:14 pm EST December 28, 2010

ORLANDO, Fla. -- Casey Anthony's defense team wants all evidence of a heart-shaped sticker excluded from Anthony's murder trial.
Defense attorney filed a motion late on Tuesday asking that the evidence not be included when the trial begins in May.
Investigators claim they found the adhesive outline of such a sticker on the duct tape that was attached to Caylee Anthony's skull. The FBI said it appeared the sticker was put on the tape intentionally.
Investigators said they found sheets of similar stickers among Anthony's belongings.
Anthony's defense claims the sticker was never there.
The FBI admitted in 2009 that it destroyed residue of a heart-shaped sticker on the duct tape when it was conducting another test.

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Defense Claims Sticker On Duct Tape Attacked To Skull Wasn't There

POSTED: 6:01 pm EST December 28, 2010
UPDATED: 6:14 pm EST December 28, 2010

ORLANDO, Fla. -- Casey Anthony's defense team wants all evidence of a heart-shaped sticker excluded from Anthony's murder trial.
Defense attorney filed a motion late on Tuesday asking that the evidence not be included when the trial begins in May.
Investigators claim they found the adhesive outline of such a sticker on the duct tape that was attached to Caylee Anthony's skull. The FBI said it appeared the sticker was put on the tape intentionally.
Investigators said they found sheets of similar stickers among Anthony's belongings.
Anthony's defense claims the sticker was never there.
The FBI admitted in 2009 that it destroyed residue of a heart-shaped sticker on the duct tape when it was conducting another test.

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Well crap. Might as well throw that evidence out.

Defense Wants Casey's Reaction To Remains Suppressed
Attorneys Claim Video, Statements Were A Jailhouse Setup

Gabe Travers, WESH.com
POSTED: 2:31 pm EST December 30, 2010
UPDATED: 2:52 pm EST December 30, 2010

ORLANDO, Fla. -- Casey Anthony's defense team doesn't want a jury to hear about or see Anthony's reaction to news reports when her daughter's remains were found.
Anthony's lawyers filed new paperwork asking that any such evidence be suppressed when the murder trial begins in May.
On Dec. 11, 2008, former meter reader Roy Kronk discovered remains off of Suburban Drive. The medical examiner did not positively identify the remains as Caylee Anthony's until Dec. 19.
At the time the remains were found, Anthony was in the Orange County Jail. She was indicted in October of that year in connection with her daughter's disappearance.
Anthony's attorneys contend that once the news broke that remains were discovered, authorities set up a situation at the jail to record and monitor her response to the news.
That day, Anthony was taken out of her cell and into the jail's medical area to watch the events unfold on television.
Defense attorneys claim that the Orange County Sheriff's Office made arrangements with the jail to place Anthony in a location monitored by cameras. Lawyers say Anthony was told she was being taken there for medical purposes, but in fact never received treatment.
Anthony attorney Jose Baez said that he arrived at the jail that day but was denied access to his client.
The new court filing claims that the situation was set up in order to "circumvent Anthony's Sixth Amendment right to council."
Defense attorneys contend that authorities hoped the situation would illicit a response that would incriminate herself.
The filing also asks that accounts of her response be suppressed, as well as the video.
Lt. Tammi Unser noted in a previously released account that she took Anthony to the female medical area to watch the events unfold on television.
Upon entering the office, Unser wrote that Anthony looked at the television and immediately fell into the chair, doubled over and began breathing rapidly.
Several minutes later, Unser said that she lifted her head up with her eyes still closed and muttered, "Oh no," upon hearing the location of the remains.
"She was set up and this is the exact kind of activity the courts frown upon," Orlando defense attorney Richard Hornsby recently told WESH 2 News. Hornsby is not affiliated with the Anthony case.
Hornsby compares the account to fruit from a poison tree, saying that Anthony should not have been placed in a position to potentially incriminate herself.
"It's no different from an interrogation done after someone invoked their right to an attorney. That's why it's inadmissible," Hornsby said.
"You have to be in custody and being interrogated," said Jeff Deen. "People make spontaneous statements to the police all the time who are in custody and they're used against them every day."
Anthony's reaction occurred before Unser asked her if she wanted to see a mental health counselor.
Legal experts disagree on whether her apparently spontaneous reactions before she was questioned will be introduced to the jury.
Anthony's defense claims the video and accounts are not relevant to her guilt or innocence and that showing such video at trial would only be prejudicial.
Defense lawyers also filed paperwork asking that decompositional odor analysis of Anthony's car be excluded from the trial.

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Should be a LONG and interesting hearing Monday if they're going to cover all these recent motions:

-Exclusion of her borrowing a shovel from neighbor Brian Burner
-Exclusion of a table knife recovered from the car she was driving
-Exclusion of 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.
-Exclusion of assertions by Anthony family members that Casey has “a history of lying and/or stealing.”
-Exclusion of sexual relationships Casey Anthony may have had with two men, including her last boyfriend, Anthony Lazzaro.
-Exclusion of heart-shaped sticker
-Exclusion of decompositional odor analysis (Wouldn't this be a Frye Hearing?)
-Exclusion of KC's reaction when remains were found (Hornsby seems to thing this will be won by the defense.)
PLUS
-State's motion for sanctions against Bozo
AND
-JAC's filing about defense investigator being over allotted hours for reimbursement

Wow! Bet JP isn't anxious to get back to work! Don't know how many of these will be heard Mon.
Also, haven't gotten JP's ruling on whether list of death penalty witnesses will remain sealed or not.

Who needs those stinkin' stickers anyway? Not the State of Florida. They have plenty of other evidence. Now, I do believe the air samples should be admitted. There is no doubt that Cindy, George, Simon Birch, Det. Cpl. Melich, K9 Gerus, K9 Bones, and a variety of others have already recognized the smell of human decomposition. The air sample testing may be new, but this would be as good a time as any to let it take its maiden voyage in the courtroom.

An avalanche of motions filed today, Dec. 30--Not sure of the details yet...

12/30/2010 Defendant's Second Penalty Phase Discovery Response

12/30/2010 Motion for Application for Subpoena Duces Tecum

12/30/2010 Motion In Limine
State of Florida

12/30/2010 Motion to Exclude Unreliable Evidence Pursuant to FRYE, Or in the Alternative, Motion in Limine to Exclude (Chloroform)

12/30/2010 Motion In Limine to Prohibit the Use, in any Fashion, of a Posting on the Internet Myspace References Attributable to Cindy Anthony, The Mother of the Defendant

12/30/2010 Motion In Limine to Prohibit the use, in any Fashion, of Internet Myspace References Attributable to the Defendant as "Diary of Days"

12/30/2010 Motion In Limine Preclude the use in any Fashion Whatsoever of a Certain "Jib Jab" Cartoon

12/30/2010 Motion to Restrict in Court Photography/Videoing

12/30/2010 Notice of Hearing

12/30/2010 Motion to Exclude Unreliable Evidence

12/30/2010 Motion to Suppress Statements Made to George, Cindy Lee Anthony, Maya Derkovic, Robyn Adams, and Sylvia Hernandez

12/30/2010 Defendant's Motion in Limine to Exclude all Evidence Relating to Canine Searches and Alerts

12/30/2010 Motion and Memorandum of Law in Support of Defendant's Motion to Exclude Irrelevant Evidence of Stain in Trunk of Car

12/30/2010 Memorandum of Law in Support of Defendant's Motion to Exclude Irreelevant Evidence of Tattoo

12/30/2010 Defense Motion to Exclude Irrelevant Evidence of Tattoo

12/30/2010 Motion to Exclude Unreliable Evidence

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Is Bozo trying to irritate JP? Or did he realize that there is actually going to be a trial?

Defense Wants Casey's Myspace Postings Tossed Out
Posted: 11:55 pm EST December 30, 2010

ORANGE COUNTY, Fla -- Casey Anthony’s defense team filed motions, late Thursday, to keep the jury from hearing key evidence that was collected before her daughter, Caylee's body was found.
WFTV reporters reviewed more than 100 pages Thursday night.
In the documents, Casey’s attorney's J. Cheney Mason and Jose Baez requested to have nearly two dozen items tossed out.
One of those items is the tattoo Casey got two weeks after Caylee disappeared, which reads "bella vita" which is Italian for "beautiful life."
The defense also doesn't think the shovel Casey borrowed from a neighbor, traces of chloroform found in the trunk of Casey's car, and a stain found there are relevant.
Baez is also asking the judge to exclude any and all cadaver dog search results, during the time the dogs were looking for Caylee's remains.
Casey's lawyers also want to get the judge to limit or exclude evidence taken from Casey and her mother Cindy's Myspace pages.
Cindy posted a message on the social networking site titled, "My Caylee is Missing," twelve days before she alerted the Orange County Sheriff's Office.
She went on to say "jealousy" took her granddaughter away, and her daughter, Casey, betrayed her and stole her money.
The defense is also trying to keep jurors from hearing about a message that Casey wrote -- stating "Everyone lies, everyone dies and life is never easy."
Eyewitness News legal analyst, Bill Sheaffer, said the defense isn't doing anything surprising.
Sheaffer said the defense is doing what it is supposed to be doing and trying to weaken the case as a whole.
The next hearing is set for Monday, January 3rd.

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Last Updated: Thursday, December 30, 2010 10:47 PM
ORLANDO --

In the Case against Casey, what will jurors in her trial get to hear about and what won't they?

Late Thursday afternoon, defense attorneys filed 13 new court motions targeting items they don't want introduced at Anthony's trial, such as:

Anthony's tattoo
An alleged stain in the trunk of her car
Video of her reacting to the news Caylee's remains had been located
Anthony’s lawyers are also asking that statements made by Casey to her family, a jail guard and jail pen pals be excluded.

More than 20 motions to exclude have been filed in the last nine days.

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So basically the Defense wants all of the evidence excluded! For crying out loud!

cherylz wrote:So basically the Defense wants all of the evidence excluded! For crying out loud!

:lol!: that about sums it up.

Motion to exclude defendant's guilt...
Motion to exclude victim's death...
Motion to rewind real time to March, 2008...
Motion to bitch-slap Bozo... repeatedly...

Perry is expected to hear 22 motions at the Orange County Courthouse at 1:30 p.m. on Monday. WESH.com will stream the hearing live.

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Wow! They'll be there all night!!

Hornsby thinks the slew of motions filed by defense have a good chance of being thrown out, including a JibJab video featuring Casey.

It's a Halloween video featuring the faces of Casey, Baez and the rest of her defense team pasted on cartoon monsters dancing to the Monster Mash .

In the motion filed by the defense, attorneys said they can only reasonably assume that the cartoon was "created and then released by the state as evidence in an effort to embarrass the defense."

Even if the video wasn’t thrown out, Hornsby’s not sure the state would even use it.

"There is no way there's a state that would introduce anything like that into a trial," Hornsby said.

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Why would anyone "reasonably assume" that professional prosecutors would even have time to create and release such a video? I can't wait to hear Ashton and/or LDB response to that!

There goes Bozo again, slandering the State Attorney's Office... I'm surprised he gets away with that crap. I agree that most of what he's asking for probably won't be used anyway, but that is not the point. He takes every possible opportunity to slam the prosecutors with no real basis. Wtf?

Bozo doesn't know the definition of the word "reasonable". All that doubt he's trying to create is much less than reasonable, as are his methods.