Casey Anthony Trial: The State Answers Defense Allegations Of Suppressing Evidence

July 19, 2011

Below is the State’s response to comments made by Mr. John Bradley, designer of the software CacheBack, in today’s New York Times article.

Two software programs were used for conducting computer analysis of searches completed during the Anthony trial. The results produced by CacheBack returned results of 84 visits. The second program, Net Analysis, returned results of 1 visit.

After the results were mentioned in court on June 23rd, Mr. Bradley contacted the State the same day. He consulted as to a potential rebuttal to the defense regarding the error in his program and
recommended using Net Analysis findings. All findings had previously been supplied to the defense in discovery.

On June 27th the discrepancy was discussed with Mr. Baez and both he & the prosecution agreed to use the Net Analysis return of 1 site visit count as the most accurate information available at
the time. If additional information became available, the State agreed to disclose. Mr. Baez brought the discrepancy forward in court testimony and again at closing with his court exhibit.

During jury deliberations Mr. Bradley admitted to sending additional report information to the wrong email address but was able to deliver information to prosecutors on the evening of July 4th. On July 5th prosecutors prepared a Notice of Supplemental Discovery for defense but it was never provided because the jury had reached their verdict.

Mr. Bradley never told prosecutors that the searches or the dates and times of the searches were inaccurate. The only inaccuracies discussed were the visit counts discrepancy and that each software program (CacheBack & Net Analysis) revealed a different number of total records. Again, all of this information was disclosed to the defense in a timely manner.

We are dismayed at the suggestion made by the defense that prosecutors would withhold exculpatory material. Court records show that the defense was completely aware of the issues, utilizing these facts at trial.

###

So as y’all can see I had this ready to got at 4PM Jersey time.  Storm and elements, my bad.

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26 Comments

  1. ros says:

    Thanks for the clear explanation.

    Dismayed, indeed.
    The ‘unpacking’ of the defense tactics reveals layer after layer of lack of integrity.

  2. mellaril says:

    i could have sworn that this was all clarified in the trial? there were discrepancies that were discussed at length during questioning by the prosecution?

  3. Ragdoll says:

    How does a certain defense attorney get away with comments like this? Isn’t he supposed to be on the up and up?

    I’m saddened by how many are reeled in by his so called humour and charm.

    http://twitter.com/#!/RichardHornsby

    Exactly. The State had already made an ethical violation worse than any Baez did. 2 Wrongs Don’t Make a Right. (tweet)

    AND…..

    Well, most people believe #CaseyAnthony intentionally killed Caylee from State’s evidence. What if evidence is false? (tweet)

    Obviously, he spoke far too soon. What saddens me is how many are buying into what these sources put out there, and expecting the truth!

    Mark Nejame, you put many of your colleagues to shame…and I thank you for keeping your integrity and values in tact.

    =========================================================

  4. Riverpearl says:

    Riverpearl says:
    Your comment is awaiting moderation.
    July 19, 2011 at 9:30 pm
    FOLLOW THE CONVERSATION & JOIN IN :

    ==========>NEW BLINK THREAD<============

    The Dana Pretzer Show On Scared Monkeys Radio – Tuesday July 19, 2011 – Special Guests: Alafair Burke, Dan & Gil Harrington, Blink from Blink on Crime and Mike McIntyre

    http://blinkoncrime.com/2011/07/19/the-dana-pretzer-show-on-scared-monkeys-radio-%E2%80%93-tuesday-july-19-2011-%E2%80%93-special-guests-alafair-burke-dan-gil-harrington-blink-from-blink-on-crime-and-mike-mcintyre/#respond

  5. Eloise says:

    It is my belief that the DT planned & implemented to pull out all stops to award FCA NG of 1st degree murder. Today, they continue to attempt to ammend her reputation in the court of public opinion.
    More scandal to further the sale of their expired product to interested media.
    Ugh, their only likely excuse will be, Mason was unaware, as it was discussed during afternoon nap.

    Eloise!

    Your snark is sticking out from under your skirt m’lady.

    Lol
    B

  6. Eloise says:

    Oh, they drive me nuts! No rebut to the states statement I presume-lol.

  7. NancyS says:

    I was back at reading the “plumbng emergency” and I am still wanting to ask the prosecution why this was not bought into evidence? It sounds like there was a smell of rotting in trash in Caylees room also? hmm wet carpet? could this be Casey, Cindy code talk to say ” Casey I know about the trail you left and I want you to know that I know you did something to Caylee, but we can keep it to ourselves, sweetheart.

  8. connie says:

    Baez IMO is not suave he is full of bull. Perhaps he should join others of his kind = the Senate or House!

  9. c10 says:

    how much “milk” does this cow really have? at some point it is going to dry up, wouldn’t one think they need to speak up soon to remain financially viable? strike while hot? Blink, what is the realistic time frame they have to work with, 1 week, maybe 2? how long can baez play the babysitter and remain in control? she must be getting itchy

  10. Riverpearl says:

    Continue The Conversation & JOIN IN:

    ==========>NEW BLINK THREAD<==========

    Catching Up With Casey Exclusive: Her Escape Via Todd Macaluso Wearing Pants And Tour of Her Van Down By the River

    http://blinkoncrime.com/2011/07/19/catching-up-with-casey-exclusive-her-escape-via-todd-macaluso-wearing-pants-and-tour-of-her-van-down-by-the-river/#comments

  11. Angellica says:

    Then why are Cheney Mason and Linda Kenney Baden wasting air time flapping their jaws about how “outrageous” this is? The only outrageous thing happening here is a baby killer walks among us, free to do as she wishes. I wish someone would put Charlie Brown’s mothers voice over their sound bites on TV. That I could watch!

  12. [...] with this case, enter crime blogger and one of the best in the business, from our sister blog, Blink on Crime. Suppressing evidence? HOLY AMNESIA BATMAN … the Casey Anthony Defense team acts like they were [...]

  13. Sparkling says:

    There seemed to be an over abundance of pots calling the kettle black within this defense group it actually became mundane. Talk about “Projecting”……

    Anyway, there was a good write up in the NY Times on 7/11/11 by Bruni an Op Ed piece with this gem from the proceedings when JB was attempting to pass the Bar:

    snipped…….

    Justices of the Florida Supreme Court, in a ruling backing the bar’s refusal to admit him, noted that he had exhibited “a total lack of respect for the rights of others and a total lack of respect for the legal system.” Expensive dating services using elaborate algorithms haven’t produced pairings as apt as his with Anthony.

    Darn it, I enjoyed the article and lost the link. But it appears they were rather hesitant with his eventual admission to the bar. Not counting the numerous occasions that HHJP had to instruct/mentor/correct mid-sentence to protect him from himself from his egregious “mis-speaks”, I wonder what the actual count of errors were made while JB continuously pushed the envelope beyond legality during trial ?? Anyone have a guesstimate ??

  14. Sparkling says:

    Blink,

    the link for above article entitled, “A Sordid Cast around Casey Anthony”….

    http://www.nytimes.com/2011/07/10/opinion/sunday/10bruni.html?_r=1&scp=1&sq=Bruni%20op%20ed%20Jose%20Baez%20attorney%22&st=cse

  15. FLlawyer says:

    Get Ready Cause I am about to be a guest writer on Blink’s site I have absolutely had it with the behavior of my colleagues in this state.

    Blink is welcome to confirm my credentials, however, unlike my peers that jeer each other publicly, I am going to try to set an example for professional decorum I hope will be followed going forward.

    And when I am done with that, I will move on to when the Hell did it become fashionable to throw up on the web without fact checking?

    I choose to post this on Blink’s site, because having followed her coverage on this case, I have never once see her make an accusation she could not back up. It does not mean I have always agreed with some of her work, but truth be told on many instances as a practicing attorney over 15 years I have come away from this site more than once saying.. I never would have caught that, or I am going to use that with a client..

    Until yesterday, I thought Richard Hornsby was the kid nobody invited to the sleepover so I gave him a bit of a break, admittedly.

    Now I picture him as that guy Steve Corell played that stuffs mice into lit boxes in his basement.

    Who writes a post claiming suppression of evidence By Law Enforcement, which is clearly a direct allegation, without knowing the facts, and VERIFYING THEM, and as a defense attorney and member of the bar, you would think he would know that LE is not in a position to suppress anything from the defense, the burden of continuing and ongoing discovery lies with the State. Hello?

    When I read last night your press release from SA Lamar, which CLEARLY rebuts the article from Hinky from some guest writer I never heard of in the first place, that apparently prompted Hornsby’s latest silent fart in the crowded room as he slips out the back, everyone was freaking wrong.

    One post had someone telling the writer he should have gotten a credit or biline on a NYT article for his work.

    I am doubtful any of these people who libeled the ethics of an assistant state attorney and accused OCSO of nefarious deeds want their names on yesterday’s news.

    If that isn’t enough, Hornsby simply puts a few links as updates, and Hinky, after thread on thread stating that the activity was absolutely reversible error, just states that John Bradley updated his timeline like it’s another blip on the radar.

    Thus, my first and probably last blog post ever.

    Mr. Bradley had every right to correct work presented as his, and he did, and he notified the State, and the state, in turn, noticed the defense accordingly.

    Did anyone think to point out that the DEFENSE had BOTH reports, and deposed John Bradley and NEVER ASKED HIM about it?

    Know why? Because they themselves never caught it.

    The issue on it’s own, absolutely had merit and I am a fan of transparency. What I am not a fan of, is publicly accusing people of willfull misconduct, or intimating same, and not taking responsibility for an irresponsible act.

    Hornsby owes OCSO and especially Linda Drane Burdick an apology and a retraction, period.

    Make that retractions all around, as I see that John Bradley has pulled his statement and his updated timeline, and I don’t think it was to update the parts he left out.

    SIGH.

    I am personal friends with Valhall, and I respect her greatly, so let me state that upfront. I know JWG to be a fine dude as well, and to my knowledge he is much newer to writing. I believe the lack of date verifications, in fact, outright errors provided to him by Mr. Bradley were problematic, and I think he would take that criticism.

    It is always my preference if a poster has an issue with someone’s work, that they take it up there, but I take your point about your intention in the decorum area.

    I do think the subject was worthy of exploration, I think JWG did initial diligence, but yes, it was clear from the trial dates and testimony his posted dates did not jibe.

    That said, the accusations and tone Mr. Hornsby added without any verifications whatsoever are apparently how he rolls

    Maybe he wants to be the new “Cash Back” guy, as in punitive, not unallocated clusters, lol.

    I actually think Mr. Hornsby is quite witty, and has some favorable qualities as a defense lawyer, his downside is that he has not yet learned that nobody likes bullies. Whacking the hive on occasion can be helpful, but when the hive is fixin’ to follow you around, not so much.

    It is my understanding also that you are correct, that Mr Bradley pulled his release, and is now represented by a Michigan Atty denying he ever said anything about misconduct or wrongdoing on behalf of the state.

    I think as far as I know, there is only website making that allegation, still..

    B

  16. nana2 says:

    This out this morning..

    “Casey Computer Expert Backs Off Previous Claims”

    http://www.wftv.com/news/28608822/detail.html

  17. WPG says:

    Turned on HLN early this morning and there were 2 hosts reporting on “Bradley’s story” with a negative slant towards the prosecution. Guess they didn’t get the memo from the the SAO Press Release response.
    I’m still very annoyed that someone published “Bradley’s story” before gathering gathering the facts or a response from the SAO.
    Yeah, well . . . on it now it goes to this:

    “Casey Computer Expert Backs Off Previous Claims”

    (snipped)

    “In a statement released Wednesday, a Michigan attorney representing computer software designer John Bradley says his client disputes “erroneous media reports” that claim he insinuated any wrongdoing on the part of prosecutors.”

    http://www.wftv.com/news/28608822/detail.html

  18. WPG says:

    Sorry for the typos . . . grrrrrr.

  19. Ragdoll says:

    I appreciate FLlawyer’s post. Honestly, his comment reflects much of my own feelings.

    I love Blink’s response. It’s a fair response! For what it’s worth, RH’s tweets have practically halted. It could be his way of apologizing…reflecting?

    This entire case is a learning curve for everybody. I’m observing many posters assessing their own behaviour and priorities. The lessons and healing from the after shock will be a marathon process, not a sprint.

  20. Ragdoll says:

    … or her comments. Sorry FLlawyer :)

    Welcome to BOC!

  21. everyone's a suspect says:

    Makes no sense to me why people want to waste good eggs by wearing them on their face.

    I know, right?
    lol
    B

  22. chelsea says:

    @ everyone’s a suspect : “Makes no sense to me why people want to waste good eggs by wearing them on their face”……….

    That is really funny and I actually got it!!!!! Some Americanisms go right over my head, making me feel real thick!!

  23. Eloise says:

    FLlawyer says:
    July 20, 2011 at 10:03 am

    ************

    Like your take, doesn’t hurt to be witty too. Hope you stick around. Too bad LDB cannot speak directly in defense of herself, it’s certainly more ‘sexy’ to have allegations and a scandal in the media. What a farce.

  24. everyone's a suspect says:

    at CHELSEA: :)

    Blink, what if anything can we find out regarding the computer evidence from the Anthony’s hard drive for June 16th…the prosecution turned over discovery to Baez during the trial, and Baez complained that it was new evidence etc…it would be interesting to know what the prosecution found out in terms of Casey’s searching and instant messaging…maybe I just missed that part of the trial.

  25. JWG says:

    I took the dates from Mr. Bradley’s original blog post. In hindsight I should have verified them rather than assuming he kept accurate records. We all have egg on our faces as a result.

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