Caylee/Casey Anthony Trial: Perry Plan In Effect Prosecution Takes A Hit-”Not Race Neutral” Defense Strikes Dwindle

“Never Forget Almost Every Case is Won Or Lost When The Jury Is Sworn”

Clarence Darrow

Clearwater, FL- This Morning, the 8th day of jury selection Linda Drane Burdick, prosecuting attorney for the State v. Casey Anthony, renewed her argument to use their peremptory challenge to strike a female African American for cause, that she could not “judge others” for religious reasons.

Chief Judge Perry required Burdick to read back the transcript of the Vior Dire exchange, and held the state to task for the “brief questioning” of this juror as compared to the first juror, of over 3 hours. What he neglected to remember, was that immediately after that juror, the judge rebuked both sides that if this was going to take this long, he was going to speed them up whether they liked it or not.

Again, limited the vior dire questioning time for either the prosecution or defense is a reversible error.  While the judge did not limit either side, the message was clear.

Attorney for the defense, Jose Baez,  objected both procedurally and on the grounds he would wish to receive transcripts of other jurors questionings to respond.  Translation: Rule my way or the cans of worms this is going to open will be gushing out the doors of this cavernous courtroom.

It did not even get that far.

Judge Perry decided to let his earlier ruling stand: The State did NOT provide the court with a “Race Neutral” reason for cause, and therefore would not be permitted to utilize it’s peremptory challenge, as to do so would be “discriminatory” and against the Florida Supreme Court .

Here is the problem-  Can we say that under Melbourne- a true inquiry or finding as to the reasonableness and GENUINENESS  of the State’s motive for wanting to strike the juror for race neutral reasons occurred?

Melbourne Excerpt

No way.  A window to how this does not stack up, was Jeff Ashton’s  last comment on the matter immediately following Judge Perry’s original ruling.

” .. Does the court not believe the state’s reasoning..?”

-Jeff Ashton

This juror was not the only African American on the panel, not the only woman, and at no time did Judge Perry say why the court did not believe the reasonable basis for the challenge was not racially neutral.

This is in contradiction to Melbourne, Murray, and Tillman v.  State of Florida.

According to Judge Perry, he believed this juror’s original comments about an inability to be judging were “rehabilitated” during further exploration during the Vior Dire and said he will not be hearing any further objections as to cause.  Mark my words, if there is a conviction in this case, we have just potentially seen the first reversible error.

By the afternoon, after calling back the 11 that have been retained, Judge Perry announced that he will be swearing them in as soon as they hit the magic dozen, and no further backstrikes will be permitted.

Jose Baez offered an objection to the way the Judge was conducting the Vior Dire in the first place, citing his crystal ball cannot see whether or not he may want to strike any of the ” nearly empaneled” jurors  without getting through all the potentials and does not want them “selected”.

Judge Perry followed what I will call the lenta spicula rule advising him they have had ample time to raise the issue,  DENIED.

After some accidental “hot” microphone activity, Judge Perry leaves the courtroom to speak to the “first 11″, presumably sending them home,  “Perry Style.”  They are due to report tomorrow at 1 PM.

Another straight day of jury selection, the count of retained jurors that have not been stricken, but MAY be subject to backstrikes from either side tomorrow, is 11.  I can actually now smell the 8th coat of virtual beige paint I have been watching dry. (blink ignores twitch in her right eye)

On the day originally slated to begin opening arguments in the trial,  Casey’s parents had a “beginning” of their own.

Mark Lippman, attorney for George and Cindy Anthony, announced they are going to file to trademark Caylee’s name, and the phrase “Justice for Caylee”.  The above image was captured after Casey read a note written to her by Ann Finell, one of Casey Anthony’s  defense counsel, potentially giving her the news, and occurred moments after appearing on The Orlando Sentinel.

Over and Under says the opening arguments begin Monday May 23rd.

Image Credit: Scaredmonkeys.net forum poster Brandi

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320 Comments

  1. Eloise says:

    You need a unanimous vote of all jurors in the guilt phase to be gound guilty of a charge.

    During the penalty phase- majority rules. ie 7-5 for death

  2. ChicagoJudy says:

    Tomorrow’s a big day. I can’t really believe it. Here we are — three years later. It’s been a long, frustrating journey, but the day has finally arrived. I hope and pray that Justice for Caylee is just a few weeks away. She certainly has a lot of people in her corner.

  3. Cochi says:

    Ive posted here once for sure, maybe twice. But always an avid reader of the comments posted here. I’m still a little confused as to whether the defense will use George or his family as scapegoats as last resort. I have wondered if the hints they have dropped in that direction are merely for misdirection. Guess time will answer the question. However, if in fact the defense chooses to go in that direction, what are the legal repercussions of accusing a third party? Seems a direct accusation would generate some legal issues so therefore I can only imagine a dance being done around the one they wish to point the finger to. Will George and Cindy be represented by their atty or can he even be there to protect his clients?

  4. Cochi says:

    Also, a few days ago I saw on one of the news channels, a lady who I cant remember her name….be quite expressive as to how Roy Kronk may not be as innocent as he has been portrayed. Using his son’s interview regarding Kronk boasting as to how he knew where the remains where. I personally have chocked any member of Kronk family’s testimonies as a means to get even for whatever reason with the man. I gather he’s not held in high regards with all these people and they might have legitimate reasons to feel that way, but to derail a trial for personal vengeance should not be taken lightly. My question then would be, if as the LE states that they investigated and completely removed this man as a suspect, would he as well have legal strength to pursue charges against Baez if he were to “blurp” something by “accident” during the proceedings?

  5. annals says:

    Really!? Were the members of the defense team giving LIVE interviews today? (I don’t watch Baez interviews anymore, too irritating and nothing to learn there).

    I thought they’d be cramming in their offices today.

    I am so looking forward to seeing Ashton, Burdick and George shine on the truth.

  6. Joanindixie says:

    New poster here…I’ve been lurking and reading this for all this time, and appreciate this forum for keeping this baby at the forefront of what is really important here.

    I spent yesterday watching the depositions of George and Cindy for the civil lawsuit. I don’t think they are going to be handling cross examination well. The chickens are coming home to roost as we say here in the south.

    I also saw a taped interview with Jesse, Casey’s fiance. When he said that she broke up with him because she thought he loved her child more than her…BINGO. I know that many of you have said the same thing in many ways, but when I heard him say that, I realized that that indeed was the motive. Her parents loved her child more than her.

    I enjoy reading all of you and bless you Blink for doing what you do so well.

  7. c10 says:

    the def. cramming? ha, i’m sure… can’t go there, the State will be prepared, and by the grace of God, we will see the beginning of the end to this horrid crime and justice will be served to the whole lot of them – who blows first, c or g? * OT shout out to Cochi – i have always enjoyed your points of view – nice to see you here!

  8. Edward says:

    On the copy right or trademark by the anthony’s.
    Somebody needs to do the same thing with this line before they do..
    “Justice for Casey” and show a picture of a Hangsman Noose.

    Just my little giggle for the moment. :o

  9. Sammy says:

    annals -
    Naw, I think all the interviews on InSessions today were reruns of the same ‘ol crap-o-la they’ve been showing.

    Maybe Baez and Mason are cramming in their offices today – still trying to come up with that “a-ha moment” they’ve been promising us. hehe
    Or … they’re having a couple double shots of Jack Daniels and crying in their beers.

    Anyone think inmate Casey Anthony is gonna get any sleep tonight?
    I hope she’s sitting in her 6×9 deluxe accommodations scared s#itless.
    Will she cry tomorrow and say … “make him stop!” when the State gets up and begins to tell the true story of the last days of beautiful little Caylee’s life.
    Sweet justice is coming Caylee.

  10. Sharai says:

    Blink and Friends, I have been a long time reader/occasional poster, following you from Scared Monkey’s with the Natalie Holloway case.( Side note: for the longest time I referred to them as Sacred Monkeys, LOL. I’m thinking a little ADHD/Dyslexia was at play with that.) Anyhow, I wait with great anticipation, to read your perspective of cases as the clarity, accuracy, and insight you provide for is extraordinary. Likewise, I am always pleased to read along with those who post here as they display a high degree of moral and ethical character, intelligence, and wisdom. As graduate counseling student with a BS in Criminal Justice and an AS in Social work, I am intrigued with human behavior and the criminal investigative process I find on your site. Because of my passionate interest in human behavior, I follow a number of cases on your site as well as similar sites learning from folks like yourself while gaining knowledge and insight surrounding the “means, motive, and opportunity” of criminal cases. At the same time, I weep for the suffering of the innocents at the hands of the depraved and cry out to God for justice to be served and healing to occur.
    I am forever amazed with the similarities between the skewed thought processes of those suffering from mental illness and those accused of crimes. I’ve come to realize that criminal behavior is often a result of a personality disorder and/or a mental illness. However, the reverse is not necessarily true because many who suffer from a mental illness and/or a personality disorder do not choose criminal behavior. It seems “acting out” or “acting in” is one of the determinants of criminal behavior. I believe over the past three years a plethora of individuals have “acted out” on a number of innocent people who have subsequently experienced emotional pain, degradation, and financial strain. As I wait for opening statements, I will be praying for the judge, the lawyers, the jurors, the witnesses, and the defendant to be instruments of truth, veracity, and righteousness. It is my hope that through this process they will recognize and hold accountable the person(s) responsible for the horrific senseless death of Caylee Marie Anthony.
    Without minimizing the atrocity of this case, I have to look beyond to countless number of children who have suffered, are suffering, or will suffer a similar a fate similar as Caylee. I am agonized by this reality and wonder how we as a society and as individuals have arrived at such an appalling state. My heart aches to change this dismal truth. I search for a means to proactively intervene and bring about an end to such travesties. I cannot help but wonder what we are doing with and to our children. As I write, I am reminded of the words of the prophet in Jeremiah 31:15, “Thus says the Lord, A voice is heard in Ramah, lamentation and bitter weeping. Rachel is weeping for her children; she refused to be comforted for her children, because they are no more.” I pray for a means, an awakening in the hearts and minds of individuals and society that we may value and protect innocents, such as Caylee Marie Anthony and those like her from the malevolence within individuals and society. May God have mercy on our souls. Shalom, Sharai

  11. chica says:

    bet the inmate will have no trouble sleeping. if you dont have a heart/soul. you can sleep and go on as if nothing ever happened…. her reality is different than most normal folks.

  12. chica says:

    chicagojudy
    three years later… finaly!! justice for caylee will began.

  13. Mom3.0 says:

    I know I keep saying it- but I m gonna repeat it again-
    You all are the bestest bunch of posters EVER.

    Thanks for all the kind thoughts-

    Tomorrow- it begins-

    opening statements

    I feel like I am about to go to school for the very first time

    Butterflies in my stomache

    I can only imagine how the prosecution team feels

    How the Anthonys feel

    How Blink and you all feel

    As for the Defense, and how they feel, with their media appearances today- (I didnt watch) I would think the purpose is to assure us that they got this covered- they are not worried- They are calm cool and collected… they feel great

    Yeah right- and of course one last opportunity to try and get sympathy for their client and taint the airwaves with their BS

    —-

    I dont know what Baez is going to say in the first minute of opening statements that is going to answer everything.. the 31 days ect ect- but in reading elsewhere- it has been said that The defense doesnt have to give opening statments in the beginning, they can wait until it is their turn…

    IMO it would be just like The Defense to hold off so they could “see” where the State is going before rolling out their spin.

    IDK I would like to hear all of your guys thoughts and Blink you too-

    What do you think is gonna be in Baez/Defense’s “shock and awe”- and will it take place tomorrow?

    -My heart is with you guys tonight, as we wait for tomorrow to begin

    To most, who do not follow this case, it will be just another Tuesday- another “normal day”-

    For us, it will be the start of getting to the real truth

    For Casey, it may very well be her requiem

    Opening Statements In Casey Anthony Murder trial Begin Tomorrow-

    on a “normal day” no different then any other.

    May 24 2011


    Sleep well My friends-

    Prayers for all

    I would never be there without you my friend.
    B

  14. Ragdoll says:

    Lovin on Valhall!!!

    ~snipped~

    TOMORROW IS THE DAY!!!!!

    Hey Cindy…

    JUSTICE FOR CAYLEE

    -Valhall-

    http://tinyurl.com/3n2hacj

  15. WPG says:

    Typing the words Justice for Caylee here is not in violation of any trademark “application”. JMO, good luck A’s on getting that application approved.

    Even if approved, it will be months of repeated filings and legal fees to keep it extended because, IMO, the A’s have NO INTENTION of producing and selling the merchandise themselves. For Pete’s Sakes, get a grip.

    Caught bits of NG tonight. Accident with chloroform? Yeah, right. The DT can’t fight the State’s presence of chloroform evidence/expert witnesses, so might as well go along with it AS AN ACCIDENT??!!
    Accident 3 YEARS LATER??!!
    Accident as in NOT MY FAULT??!!

    No way, Jose. Nothing’s EVER her fault, huh?
    She still won’t take responsibility, still no remorse . . . REAL remorse, not the poorly manufactured, see-right-thru-it kind.

    Whatever this new last minute DT discovery is that NG mentioned tonight, IMO, is nothing the State can’t handle.

  16. New says:

    I believe I read that R Kronk’s son denied that statement. His Mother was the first to state that had happen when being interviewed.

    Blink if there is a mistrial because of a hung jury, the case can be retried can’t it? Similar to that famous music writter with the funny hair.

    Tomorrow is a big day I can hardly wait, Justice for Cay. Trade marking done by the A’s only applies to items being sold. Is that right? Don’t think it has anything to do with the written word. Freedom of speech, an all. And isn’t Casey her legal guardian until proven guilty. Unless she signed over guardian custody to her parents.

    Perhaps they won’t use GA until the penality phase if there is one. Use ugly coping with an accident, and families dynamics of lying, in opening statement. Can’t wait to hear whats up B’s sleve. The day GA was on the witness stand and said he would do anything to protect Casey gave me a chill. Said the same thing about Caylle.

    Yeah I thought they where having trouble organizing their files. How can they waste today on interviews. No excuses for tomorrow then for them when they can’t find the wittness file that is called by the State.

  17. New says:

    I think Casey will be loaded up with Zannies when she walks into the Court room or some other soothing medicine.

  18. fran clines says:

    Blink…thank you for giving me the strengh to

    believe…long time follower of the case…many sleepless nights and cherished thoughts of this special little angel….god bless us all and god bless little Caylee … the truth will prevail…thank you Blink for letting us in on your thoughts and your interpretations of what has transpired over the last three years…you are special and I am sure in my heart Caylee thinks so too! Respectfully yours from Ithaca NY


    I thank you fran,
    B

  19. chica says:

    casey deserves the bad inept incompetent lawyer that she got! karma!! and she will get what she deserves legaly.

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