Caylee/Casey Anthony Case: Will Judge Rulings Today Be Defense Doomsday?
Chief Judge Belvin Perry promised to rule on 2 outstanding motions by her defense team today.
Update #1 4:45PM.. Motion to exclude trunk stain… D E N I E D
Rulings on Critical Motions regarding a hair with a "deathband" that could only belong to a deceased individual and either Casey or Caylee Anthony, and the air samples tested by Dr. Arpad Vass and found to contain chloroform levels he has never seen, in his 22 year career.
The air samples themselves are not in contention as the "hardware" and methodology in their extraction are used widely in the scientific community, and the defense team, through a stipulation agreement to withdraw contempt proceedings against him, could not argue about anything else. The defense argument was largely about the interpretation of the data that was yielded from the samples as they relate to a decompositional event in the trunk of Casey's car.
Both motions were a combination of a Frye/exclusion attempt by the defense that took several days in court to conclude, in which many observers felt were disorganized and poorly argued in contrast to the deft responses by the prosecution.
Yesterday, for the second time, Jose Baez on behalf of Casey Anthony filed a response to the State's motion to let his already withdrawn "experts" Dr. Danzinger and Dr. Weis be permitted to testify as to what Casey told them during their interviews with her.
You may recall, during the State's deposition attempt of Dr. Danzinger, Judge Perry put the kibosh to it after receiving a call from Jose Baez, and both depositions have since been sealed. Judge Perry referenced testimony about Post Traumatic Stress Disorder, or PTSD, but legal experts agree that in itself would not be grounds for suspending a deposition and immediately sealing it.
It is this editors opinion that during the deposition, Dr. Danzinger recounted parts of his interview with Casey Anthony that may have been incriminating to her.
It was abundantly clear that the defense strategy is/was to attempt to have these witnesses speak about parts of their interviews with Casey Anthony as a way to repeat her "defense" without ever taking the stand, subjecting her to cross-examination by the state.
It is also abundantly clear that Jose Baez et al did not understand the Judge's comments about these depositions the first time around.
The only way these "Docs" will be permitted to testify to anything Casey Anthony told them, is if Jose Baez presents an exception argument to the hearsay rule, and since the "declarant" or Casey Anthony, will never take the stand, 'not gonna happen.
Yesterday afternoon, the defense depositions of Tony Lazzarro and Amy Huizenga were filed with the court.
While there was largely previously known information contained in both depositions, there was one noteworthy tidbit in Ms. Huizenga's which the defense glossed over in a hurry.
Reported exclusively by www.blinkoncrime.com, the Anthony's withheld a major plumbing emergency at their home that sent someone from Hopespring Drive in a panic to locate Caylee.
For the first time, it is confirmed that Casey knew about it, and told Amy it was one of the reasons they could not move in:
Casey Told Amy About A Pipe
This article will be updated when Judge Perry rules this afternoon.
Check back to www.blinkoncrime.com for continued breaking news in the case against Casey Anthony.
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Hey chelsea! Hope not clothes were harmed…lol. I have the link re: CHIARI Blink was talking about:
http://tinyurl.com/3yvc5at
Leave some of that ironing for the rest of the trial, friendy! Do you iron linens, btw?
O you rock as usual, thank you Ragdoll.
B
Ragdoll – thanks for link and yes, you get the linens to me I will do a stirling job just so long as I can still watch the trial on my pc. Casey has done a lot of eyebrow lifting to communicate her displeasure at some of the responses from potential jurors but I do believe she now
‘gets’ it; her life is now on the line. Am listening to live tv and LDB is asking the lady juror (?4) what kind of nursing she had done prior to counselling and she replied mostly paediatrics. Hope she gets on the jury
Hey all!
Sammy….I came in when Ms. Finell was talking about mental issues. The camera was on Casey. I thought maybe she was recalling another trial or something. I was confused…and still am. I thought the SS MENTALSHIP sailed during the Frye hearings. WTH???
Mom3.0….I felt like Baez was fishing. Was he expecting ‘oh she’s innocent and I know I’ll come to that conclusion when I’ve considered all the evidence. Poor dude. If I was Casey, I would be like…take me to the Green Mile. It can’t get much worse. Anyways, I was thinking Baez could conduct Redundancy 101 classes. AND Poor JP! I kinda figured Baez’s density was the reason he read out loud, the jury protocol thingy (innocent til proven guilty, prosecution bears the burden of proving guilt, etc).
SOTT…my husband would tell you I sound like Betty Rubble (I wish I had her figure). Better than Wilma, I guess. I know I’m dramatic with my posts. I’m glad someone can lol at me. I’m sure it’s more annoying, my rants, but I admit, it’s so stinkin therapeutic. I really wanted to be on SNL.
ATG….IIRC, Judge Eaton was answering questions (WESH I think) regarding jury selection. Not verbatim, he said something to the effect that the prosecution and defense would not want any jury members to have experienced the smell of decomp. I guess if they’re going to be exposed to it, it would have more impact smelling it for the first time. JMHO…and I know I’m usually off but I try! I also believe you’re right about Casey. I think there are so many factors at play. Does she not get access to her snacks? Today, for some reason, she appeared much thinner.
To the experts out there, who makes the DP call if Casey is found guilty of first degree murder? JP or the jury?
“Finish each day and be done with it. You have done what you could”.
~Ralph Waldo Emerson~
B,
I’m only the help, ma’am. XO!
Ragdoll,
I hope you didn’t take offense to what I said….I am not laughing at you, but agreeing with you….you really have Casey’s number and are so descriptive in your posts that they leap off the page (to me at least) in an audible way…this is a GOOD thing!
Hello everyone Long day- thanks for everyones thoughts- great to see everyone thinking- thanks ragdoll for the CHIARI recap- I wonder if they are going to go with that- or somehow that she injured her self in a car accident ect-
Blink- The judge does not want anyone asking about the smell- he said jurors are not witness’s they will rely on actual witness to form an opinion- he said that this will come back faster than lightening on appeal- but if the state can site case law to back it up – then he will deal with it-
Ashton said we are not trying to get them to be witnesses only to make sure, just like with the autopsy/remains photos that they can withstand it if need be… everyone has smelled garbage- and knows what garbage smells like…
JP says he is not gonna allow the question but when the time comes Ashton can make his arguments
JB asked if this lends itself to opening statements- are they allowed to ask/talk about the smell in opening statements? JP said make a motion in Lemine (sp) and he’ll rule on it
–
I hope the jury will get to see/smell this evidence for themselves Ashton said we are not gonna open the can in court…so maybe they were not talking about the liner but the can- and perhaps it will still be possible.
Blink, have you spoken to any of your attorney friends and asked them what they think will happen? Is it possible to bring that into court- perhaps the Judge was not following the States reasoning right now, but they will be able to meet the “four” and thereby bring it in?
Lol, at some point between tomorrow and Saturday, prior to my radio interview, I need to do the “week in review”.
I feel like it should be you doing it, really, lol.
I will cover this in detail, but CJ Perry has ONE CONCERN outside of his obligation to oversee a fair and impartial jury of Casey’s peers hear her case.
Protect appellate issues. That is what that was about. We go right back to prejudicial vs. probative and Jeff Ashton handled it masterfully.
I just heart Perry. He exudes “We The People”.
B
oops- all of my previous post was paraphrased and AJMO- thanks
JMO . . . I trust the prosecution will find a way for the jury to experience the odour, one way or the other. Had the feeling Ashton wasn’t “all encompassing” for obvious reasons.
I sense a backdoor somewhere, lol
Your such a smartie.
B
Jury selection today just struck me as “we know you are going to convict her, we just dont want you to choose the death penalty”.
Did anybody else get that impression?
I think it was juror #3 seemed like he really wanted to sit on the jury for some reason. Even though he is against the death penalty.
At the rate they were processing this round, they will never find a panel.
DF look like a bunch of bafoons trying to try the case before it even starts. The jurors are going to be mad at the defense team and trust me, no matter how much you may want to be impartial to the defendant, it’s tough when you cant stand the attorneys (experienced that when I served jury duty).
No doubt Casey leaves the impression that she’s guilty…because SHE IS!
Thanks Blink
I am looking forward to the radio show-
WPG- so glad to have you back – thanks for your take.
So – the conversation between Baez and Casey goes like this now: “Remember when CM said he was going to walk out of court arm and arm with you as a free woman? Well, it seems that that won’t be possible now because of all the overwhelming evidence they have against you. But don’t worry – we’re working on the best damn anti-death penalty jurors we can find and hopefully you’ll only get LWOP. Oh – and don’t bring up the fact that CM said that this case was going to be ‘fun’, because he’s really in a very foul mood lately. Just hang in there for a few years if you’re lucky and only get LWOP. We have a top-notch atty. already working on your appeals. Uh – That would be Rosalie Bolin. She’s got your back. Now just sit tight and try not to worry too much. We’ll have you out in no time. Cough, cough.”
I was only able to catch the last few minutes of jury selection today where Judge Perry cautioned the Prosecution about turning the jurors into “witnesses” by the possible scenario that the Prosecution may ask the jurors to smell the remaining containers from Dr. Vass’ testing.
I’m confused by that. If the prosecution asks the jurors to “smell this sample and tell me what you think it is”, then, yes, I guess I can see where that somehow puts the jurors in a position to form an opinion of where the smell could have possible originated from.
If the prosecution were to take the jury to a morgue, so that they could experience the smell of decomposition first hand, then take them back to the court room and give them, let’s say, 10 numbered samples to smell and then ask them if, “without a doubt, is there any sample that smells the exact same as that of the morgue”? If all jurors reply “yes”, then couldn’t the prosecution asks “which number sample is that”? Then, let’s say the jurors are now instructed to each write on a piece of paper which one they feel is the exact same. Now, let’s say all the jurors write the same number down (and if it’s true what they say about the smell of decomposition, then I’m willing to bet they all choose the same sample), couldn’t the prosection then reveal that the identification of that particular sample? If the numbered sample the jurors chose happens to be the sample that came from the trunk of Casey Anthony’s car, then wouldn’t this make the jurors first hand account of the smell of decomposition an actual experience, rather than opinion from simply hearing from other’s testimonies like ‘you never forget the smell of decomposition’ or ‘it smelled like there’s been a dead body in the damn car’ ???
Blink, I’m sorry this is so lengthy and probably doesn’t make much sense, but I’m really confused by all of this (I have no legal background, can you tell?!?!)
Anyone know who was the women that walked into courtroom, spoke with judge. No sound. She then sat behind prosecution. She was all smiles and laughing. What was that all about?
Long day in court as you all know. I couldn’t believe the length of time with that very first juror. I found the majority they spoke with to be intelligent and balanced, hopefully they will be.
I developed a lump in my throat when the Judge brought up the questioning on the odor, as I was in the kitchen during the sustained ruling on LDB’s question. I am certainly glad to hear that you all think Ashton has a plan. I believe you all to be right as he was not overly anxious at the Judge’s ruling. I wish I knew case law to be able to research their plan of attack, but it adds to the anticipation I guess. I am hashing over whether or not the defense will offer the explanation of CASEY having Chiari I as well as Caylee? Is this what you all mean? As in her diagnosis was overlooked in previous years and thus due to the ‘pressure in her brain’ and her abnormal family experiences was fuel for the fire for such a sad situation to occur.? Take these snippets for an example:
Risk factors
By Mayo Clinic staff
**There’s some evidence that Chiari malformation runs in some families. However, research into a possible hereditary component is still in its early phase.
** Chiari malformation type I
Headaches, often severe, are the classic symptom of Chiari malformation. They’re typically precipitated with sudden coughing, sneezing or straining. People with Chiari malformation type I can also experience:
* Neck pain (running down the shoulders at times)
* Unsteady gait (problems with balance)
* Poor hand coordination (fine motor skills)
* Numbness and tingling of the hands and feet
* Dizziness
* Difficulty swallowing (sometimes accompanied by gagging, choking and vomiting)
* Vision problems (blurred or double vision)
* Slurred speech
http://www.mayoclinic.com/health/chiari-malformation/DS00839/DSECTION=symptoms
We have certainly heard of several of these complaints by Casey in the past and thru today. Additionally I have never heard someone speak of sneezing as much as she.
I am shocked about the new addition to the DT’s team? Why add to the circus atmosphere, is she the only person willing to come within 10 feet of this situation? Wow!
~ The above is of course in addition to Blink’s article as posted again by Ragdoll!
Oops – my bad on Rosalie Bolin (above @9:16 p.m.). She is a litigation specialist – not an attorney. I was relying on my memory assuming she was working on appeals for her now husband Oscar Ray Bolin, but she was working on the mitigation process for each of his trials starting in the 1980′s in which he was accused of violent crimes against women and was facing the death penalty.
@ SOTT
Quite the contrary my friend! Your analogy put a huge smile on my face. I had a great laugh and it was much needed.
You got me figured out like an IKEA drawer!
NaNa says:
May 12, 2011 at 7:36 pm
You nailed it and I couldn’t convey it as clear as you have. They do seem to be approaching the jurors as if they believe Casey is guilty. They now want to save here life.
Good call NaNa!
Interesting that the topic of Chiari is being brought up again.
Casey walked into court holding her neck (this morning or yesterday). The sudden onset of her shoulder/neck/arm pain…. Thank you Eloise for re-posting the syptoms. Or maybe I’m over analyzing. It’s hard to let go and just ‘observe’ w/o judgement.
RE:
myers says:
May 12, 2011 at 9:31 pm
Anyone know who was the women that walked into courtroom, spoke with judge. No sound. She then sat behind prosecution. She was all smiles and laughing. What was that all about?
********
I am so glad you mentioned that- I was wondering the same thing. She was poorly dressed for court I think. Was she a spouse to a prospective juror I wonder? Very odd, but I saw she remained in the proceedings… I haven’t seen any coverage on her? Something weird everyday!
I know I am coming in a little late on this subject….but here is my opinion…I think her hands went numb and tingly because she has been sitting with her elbows on the table scrunching her hands together and I know when I sit at my desk watching this fiasco the pressure on my elbows cause my hands to “fall asleep” and tingle.
marlene
Eloise
Do you think that Casey has been told by the behavior coach that she should begin to act out some of the Chairi malformation behaviors?
Casey has spent so much of her life living a fantasy that acting falls within her sphere of self-taught experience.
If the prosecution is unsuccessful in getting the sample air/odor to the jurors to do a sniff test, then why couldn’t he basically help prove Dr. Vass’s nose instead? Dr. Vass stated he jumped back a couple of feet when he smelled Casey’s car and recognized human decomp smell, correct? So, what if Mr. Ashton put his nose to the test in sort of an experiment from the stand. Have a few other samples of other odors in containers and without letting Dr. Vass see the labels with the actual odor contents, then have him do sniff tests and tell the jury which container has the decomp smell AKA the air sample from Casey’s car. Would that not prove to the jury without them having to smell it that Dr. Vass truly does know the smell of human decomp?
Ragdoll,
I’ve seen Casey hold her neck before many times–Cindy does it, too.
Signals the area where they store their stress!
When the neck nerves are compromised by stressed muscles, one can, and likely, will lose feeling/have numbness in hand, wrist, arm.
One Christmas my symptoms got so bad that I spent the four weeks of January in PT. Now I rarely stress out at all (and have multiple ocean lots for sale!)
There is not a darn thing wrong with that girl besides being a lie and a huge waste of time. She needs attention and also something for some sort of a defense. The nervy girl sometimes looks just a bit aggravated with what is going on. The nerve. She kinda made this expression towards finnel when finnel forgot Ashton’s name. This was her thought, Dam, I can remember names I have made up for the last three years,and she can’t remember a name she has been in court with for a week. I believe Casey believes that she is very big in the brains department. It seems that her group of people at her council table have become her new family. She has a mother figure, grandmother figure, maybe a sister, and so on.
I hope she realizes when she is convicted her visits will not come from council, but from nuts on the street that support her, and those will not be up to her standards. She is a dreamer. Just like the dream she had with Tony playing house after throwing her little girl into the woods. It is hard to think that a person that does that is normal, but I actually do think she is normal. That is why she should get death. She did this just like it was another day and then moved on to the next for a new beginning. Just like that. No love lose, no thought, just her New Beginning and she was more than likely excited about it.
myers says: ( @May 13, 2011 at 7:43 am)
I believe Casey believes that she is very big in the brains department. It seems that her group of people at her council table have become her new family. She has a mother figure, grandmother figure, maybe a sister, and so on.
——-
All so true.
There’s not a dang thing wrong with KC … except that she’s a self centered narcissistic BABY KILLER that wanted to party and live la bella vita.
She’s not as smart as she thinks she is – and Mr Ashton, Ms Drane-Burdick, and Mr George are gonna bring the hammer down very soon!!
And once she’s convicted and her new address is Lowell Correctional Unit (or any other of Florida’s fine penal institutions) …
This little “family” she thinks she has on her side at the DT table will scatter for the hills.
Once trial is over and they’ve all made their money off this case – all those people now fawning over KC at the defense table will move on with their lives and KC will be alone in that cell until she dies.
She’ll get some fan mail from freaks like Rosalie Bolin who have killer-fetish minds … but thats it.
Gonna be a rude awakening for the baby killer.
Can’t come soon enough.
RE:
A Texas Grandfather says:
May 13, 2011 at 12:20 am
Eloise
Do you think that Casey has been told by the behavior coach that she should begin to act out some of the Chairi malformation behaviors?
********************
I certainly dont want to accuse someone, but I find it highly suspect given the circumstances. Seems to fit perfectly into the little package. Brain formation? Who talks about that? It may be that she has seen the defense information, and lo & behold she -IS- suffering from that very affliction. lol
And for clarification, I do not believe Casey has that syndrome, other than in her latest personality/condition that she is putting forth.
Thanks for the insight Word Girl! I have never seen either do this, but I appreciated being corrected or given another possible explanation to these things.
I too have those problems. I think it’s more related to being on the computer…lol. I get pain in my right arm too, which radiates into my hands and fingers. It’s my ‘mouse’ hand. I never knew stress could have this kind of effect on the neck area and I know, it is painful, indeed.
I never thought I’d admit it but I am scared for Casey! This is becoming more real to me. I’m sure on some level, it’s hitting Casey too. She can’t be that disconnected not to feel pressure during this past week…and it’s only gonna get worse.
Lord, have mercy.
Word Girl…if I had that cha ching, I’d be your first customer for that ocean lots!!!!!!
SOTT- thank you for your response… you brought up exactly what I argue with myself about! Those darn Internet searches. They do give some reference to this being premeditated and also makes me wonder since this trial what all I’ve personally put into my own google searches. (yikes!) as far as Cindy testifying she searched for chloroform or chlorophyl…. To me there’s no believing what comes out of that woman’s mouth, which brings me to another question I have. Since day 1 nothing Casey has told has been credible. We all know that. So how can anything said by her about her family and accusing them of molestation possibly be taken seriously? Couldn’t the prosecution simply argue that by saying she has told nothing but lies up to this point? Even Judge Strickland said that she and the truth are strangers!!
New post:
http://blinkoncrime.com/2011/05/13/cayleecasey-anthony-trial-casey-pal-rosalie-martinez-bolin-mitigation-coordinator-and-abominable-parenting-sympathizer/
Not long after being arrested Casey requested a one-on-one meeting with George. George immediately goes to the jail to meet with her in hopes of her giving him the answer as to Caylees whereabouts. Once George is at the jail, Casey changes her mind and refuses to meet with him. I wonder if the defense will now use this to their advantage by saying Casey actually called George to the jail to confront him of the sexual abuse and then out of fear,she backs out of the meeting.
Also, at one time I saw a picture of Caylee where she was in a bathing suit and the picture was made to look like she was at the beach or some place similiar. Several people on here and on SM were discussing how it looked like a staged photo just made to look like she was somewhere else. To me it looks like it may have been taken at the same location as where her remains were found.
Blink, do you think she and Caylee may have went there often? Like when she “left for work” and didn’t have anywhere else to go until George and Cindy left the house. I wonder if the staged picture was taken to send to Cindy to show Caylee on one of her many adventures with the nanny? By the way, you rock Blink! If only the world had more like you.
Just is says:
May 13, 2011 at 10:48 am
To me there’s no believing what comes out of that woman’s mouth, which brings me to another question I have. Since day 1 nothing Casey has told has been credible. We all know that. So how can anything said by her about her family and accusing them of molestation possibly be taken seriously? Couldn’t the prosecution simply argue that by saying she has told nothing but lies up to this point? Even Judge Strickland said that she and the truth are strangers!!
————————————————————-
Just is,
I couldn’t AGREE MORE with your statement!!!!….. which brings me to a question I have: If this reaches the penalty phase, and they attempt to use the “I was sexually, verbally, emotionally, etc. abused as a child”, do these allegations have to be proven or backed by factual evidence, or can the defense/Casey Anthony simply make these statements and have them be taken at face value? Does anyone know the answer to this?
JustJill,
I think that your post about Dr. Vass and the ‘smell/odor’ test is an excellent idea. I’m still miffed as to how introducing the smell to the jurors would be cause for an appeal, but as I stated in my earlier post, I have no legal background whatsoever.
btw, I’m feeling a little out of the loop and am wondering if I should change my name to ‘Just SOTT’
Ragdoll
chelsea
lol your iron’s having withdrawls lol!! maybe you should whisper to it once day!! anyways I have been thinking how funny it must look with the piles of ironing !!
mason
will not be carrying casey out on his arms!!!
it will be baez!!! either that or baez will have to carry mason out!!!
SOTT- ( my understanding )according to what I heard the defense say during jury selection to more than one potential juror-
No they are not required to prove anything to anyone at any point in the trial- they can attempt to present evidence /witnesses/ psychologists/experts/ and even Casey’s own testimony, if they so choose -but they are not required to do so…I could be wrong but this is my understanding…in fact The defense went to great lengths to make sure they asked each p. juror their feelings on this, and whether or not they would count it against the defendant if no proof was offered.
If I am wrong I hope someone will let me know & explain things to me- but this is the way I understood it
jmo
The burden of proof rests solely on the State. Theoretically- the state could present it’s case, the defense could attempt to impeach witnesses and evidence through cross exam and re-direct, and rely on it to “defend” their client exclusively.
In that instance, which I do not believe they will utilize, they will attempt to “reach the jury” via their opening and closing remarks.
B
I have been busy the past few days and have only caught bits and pieces of the jury selection. (Can I go OT here and mention that I was watching my 22 month old grandson – there is nothing better than chubby little arms around your neck and sloppy oatmeal kisses on your cheek!) I caught the 1st juror questioned today, and was so delighted with the manner in which Linda Drane-Burdick caught Flyez in her web. The juror was a 22 year old male, who “forgot” to mention some previous legal problems. Baez previously used a pre-emptive strike on a juror for that same reason. The spider said to the fly, “Come in” and he did. Baez objected to the juror for cause and JBP denied and asked him if he wanted to use one of his pre-emptives. Baez shot a sneer to the prosecution table and said not at this time. The prosecution is so subtle and professional compared to the 3-ring circus seated next to them. LDB has got Baez’s number – love it!
Blink and Mom3.0,
Thank you for the clarification. I regret that I have been unable to follow jury selection, except for highlights and bits and pieces and I feel like I’m way behind the eight ball. It is normally during the hearings that I have been able to ‘educate myself’ so to speak regarding such matters. I sincerely apologize for having had so many questions as I am trying to play ‘catch up’.
I was able to watch a little bit of jury selection today and had to laugh when Judge Belvin Perry made a statement about them going on the “Perry Plan” next week…..love him!
Managed to watch/listen to this afternoon’s jury selection. Repetitive but moving along. Prosecution looking more professional by the hour. Mr Grumpy Mason behaving more cantankerous by the hour and Ms Finnell more weary by the minute! I have to have head phones on, volume turned fairly high and I can hear the deepest sighing from her after each question, not sure she won’t succumb to fatigue before this trial is over. Judge Perry very impressive and it looks as if he has enough Jurors to start swearing in although I believe both sides are allowed to strike. Anyone know how many they can throw off? Maybe Monday will be another day of p juror selection and perhaps the Trial really will get underway before the end of next week. Casey definitely looked either medicated or exhaustive, my bet would be possible diazapam, enough to allow her to chill out but remain fairly alert. Well I’m off to bed, 5 hours ahead of Florida here in the UK. Feeling more optimistic tonight – Good night Judge, God Bless, night all, have a good w/e, what’s left of it.
Chelsea
Each side has ten strikes without having to explain or defend them. So far the defense has used two and the state has used one if I am up to date.
This process is slightly different than some. They appear to be combining two steps into one in order to speed the selection up a bit.