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for the second time, Jose Baez on behalf of Casey Anthony filed a response to the State's motion to let his already withdrawn "experts" Dr.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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Orlando, FL-

On Saturday evening, Central Broadcasting Service, the second major affiliate to pay  Anthony family members for “licensing”, $20,000  for the 48 hours segments, aired what was labeled as a pseudo mock trial with a pseudo mock jury.

CBS 48 Hours also  STATES THEY COMMISSIONED the focus group.  Are we clear on that?  CBS has outright admitted to contributing to the costs of the defense expenditures of Casey Anthony.  That is a source of income to this defendant, period.

It was not until one tuned into the program that we learn what was billed as a mock trial of sorts, whereby previews show jurors would acquit Casey Anthony based on the evidence to date, of 1st degree murder, that this is actually a "focus group" where the moderator, Richard Gabriel, President of Decision Analysis, actually works for the Anthony defense team.

Bio Excerpt:

Richard Gabriel: President

Photo Credit CBS 48 hours

Richard Gabriel is the President of Decision Analysis. Since 1985, Mr. Gabriel has been a leader in the field of jury research, jury selection, and litigation communication in nearly a thousand trials in both the civil and criminal arenas across the country.  Mr. Gabriel has assisted counsel in the O.J. Simpson, Heidi Fleiss, Phillip Spector, Enron Broadband, and Whitewater trials, and is currently working with attorneys in the Casey Anthony matter. Three cases he has participated in have resulted in United States Supreme Court rulings.

Judge Perry denied Jose Baez's request for payment to Richard Gabriel as a jury consultant to the defense.  In some fashion, we must assume he is paid.

I say that facetiously- this man is the Jack Welch of jury consulting and influence.  During the broadcast, host Troy Roberts discloses that CBS is footing the bill, as a thinly veiled disclosure of sorts. (more...)

When you have a family that both refuses to cooperate with Law Enforcement in a productive way, and in this editor’s opinion, outright obfuscates efforts to investigate the location of a victim and the circumstances to which Caylee Anthony became same,  we are forced to look at what I will term, available objective  data .

Analyzing data in conjunction with the verifiable evidence in this case, allows us, and eventually jurors, to better sift through the ever-changing accounts of those closest to Casey Anthony, without adding metaphorical dryer sheets to cover the smell.
As all www.blinkoncrime readers have known since my earliest coverage of this case, I have long stated it is my belief that the concern for Caylee’s welfare and whereabouts started with the Anthony’s backyard renovations the week of Cindy Anthony’s vacation over the fourth of July.

In fact, one might interpret Cindy Anthony hits her panic button during this time.

I have also written extensively that I believe that the defense team is going to intimate, if not outright accuse, George Anthony of culpability in the death of his own beloved granddaughter.
On Friday afternoon, following the conclusion of the last defense motions presumably prior to trial (insert laugh track) the state released additional video evidence to the defense.   As we brace ourselves to see video of Caylee with her Mother and Tony Lazarro having lunch, should we also prepare to see Cindy and George shopping for those backyard improvement supplies?

Or… Other?

Cindy Anthony’s bank records show 3 separate charges to The Home Depot posted June 30th.  As the purchases were made on Cindy’s check card, we can’t be sure if the purchases are made on June 29, June 30th or a combination of both.

Will we see the purchase of new gas cans, concrete mix, weed barrier, or something else?
Cindy or George Anthony began furiously calling her daughter’s cell phone, in the wee hours of July 1 at 1:43am.
Calls to Casey from the Anthony landline are made to her at 1:43, 1:51, 1:52, 2:02, 6:56, 7:33, and 7:50 AM.

Casey does not answer her cell phone, but she DOES check her voice mail after every one of them, and attempts unsuccessfully to reach someone at the Anthony home at 7:54 AM, possibly due to a busy signal.  This pattern of calls suggests an emergency of some kind, not Cindy checking if Casey was going to finally bring Caylee over as Cindy had requested.  In fact, there is a small break in the action, pun intended, when a different number is dialed from the Anthony home:

In no interview, in no deposition, will you find either Anthony disclosing the obvious plumbing nightmare necessitating 2 calls to Rainaldi Plumbing 4 minutes after their listed hours of operation in the yellow pages, and the subsequent service call resulting in a $283.96 bill.  Ironically, the check number, out of sequence, follows one Casey Anthony wrote on her Mom’s account in December

Spoiler Alert: The only reference to any plumbing emergency appears in one of Cindy’s letters to Casey, but two years after the July 1, 2008 incident.

..” I don’t know if Jeanene told you, about the water pipe we had broke on Friday, we had water from the pipe outside of Caylee’s room, leek into her room, mostly in her play corner- carpet was soaked and walls were damp.  Everything is drying out but the carpet smells bad. (I better watch how I describe it they may take it for discovery). It’s amazing how even clean water can smell rancid after it sits for a while.  Fortunately one of our church friends was able to come out and fix the pipe…”

Facing a capital murder charge, and already convicted of economic felony, it begs the question:

Why would a member of Jose Baez defense team, Jeanene Barrett, need to relay information to Casey about a broken pipe leaking into her deceased child’s room?

If you are thinking this is more “Anthony Code Speak”, you are not alone.  According to a blue print of the Anthony home, there is no plumbing on the outside wall of Caylee’s bedroom that would leak into the corner, the right lower corner or her “play corner” which abuts the outside wall.

As the bulk of “pipe bursts” or “breaks” go in Florida temperatures, in general they occur only through freezing, extreme temperatures, or water pressure stress (build up) of some kind. The source of the emergency plumbing call to Rainaldi on July 1st, 2008 is not known, but what is known, is that it gives new meaning to the signature of Casey’s inmate correspondence “FLUSH”.

What has always bothered me was what could have been found in either the backyard or now as we know, in the plumbing that would send Cindy Anthony into a clear and obvious panic, mobilizing Lee to track down his sister, and attempt to track down Caylee through her friends AFTER speaking with Casey.

George and Cindy Anthony’s versions of June 15th and June 16th 2008 have evolved it seems, after every new release of discovery.  Specifically, George’s account of the last time he saw Caylee and what she was wearing.  They have gone to painstaking lengths to establish that at least Caylee was home the evening of the 15th, and very much alive the morning of the 16th.

So where is the blue “dress” she wore to the Mount Dora Nursing home on Father’s Day, June 15th, 2008? It would seem to me if I wanted to establish an alibis, or timeline, that clothing would be critically important.

Is that what Casey meant when she uttered to Tracy Mclaughlin and Rob Dick that OCSO had no idea what they were doing and they had not even found her clothes yet?  Was she talking about Caylee’s clothes, or Mama’s?

Madeline Tanner, contributing editor

Images by Klaasend

Again tomorrow, we have the continuation of the continuations from last week of the defense team for Casey Anthony's outstanding motions, with any luck, to fete de compli.

For those whose headache has since left them, a review-  For the full clickety goodness, click the pic of the bic.

BYODS

Bring Your Own Dryer Sheet.   Seriously, now she put them there, now she didn't.  Depends on the meds that day she says. Cindy Anthony, a surprise witness to us, and likely herself, now says SHE put dryer sheets all over the Pontiac Sunfire after it was returned from the tow yard.  As Jeff Ashton pointed out during cross-examination, this is in stark contrast to her state deposition where she denied putting any dryer sheets in the unlicensed hearse.

She blames this nearly 3-year-in-the-making epiphany on the fact that one night she was sleepwalking while giving a bamboo splitting tutorial with the neighbors shovel and she accidentally fell into the shed, breaking the lock, and all 100 of George's red gas cans not covered with sloppy duct tape hit her in the head.

Ok, that part, I made up.

She also claims to have emptied a can of Febreeze throughout the vehicle, left the vehicle trunk, sunroof, hood and all windows open within the garage and returned to work. That could definitely explain the terpenes found in the air sample of the trunk, but certainly not the chloroform.

As Dr. Vass astutely pointed out during his deposition:

" Well sure, I mean if there was a bottle of chloroform in the trunk and it was half gone, I mean, Duh."

Mrs. Anthony informs us this has been a traumatic experience for her, and that she is still remembering things to this day.  I will just bet she is.  I know of one; for another article, another day.

What I found very interesting, is at no time did the prosecution object to her change in testimony, or question her comments about her claim she was on new medications that affected her memory, although Linda Drane Burdick covered this thoroughly over 2 straight days of the deposition. At no time, although clearly Cindy Anthony gave hearsay testimony regarding the curiously absent George Anthony's activities on July 15, 2008, did the state raise the objection.

I would be concerned about why the state would not be moving to take another deposition based on her comments if I were her and her attorney, but that's just me.  The protections of the subpoena with which she gave her deposition do not extend to one perjuring oneself. (more...)

Orlando, FL-  Occurrences yesterday afternoon had me checking my Google Earth maps to double check that the Orange County Courthouse was not next door to NASA doing their ignition checks.  The flare ups were numerous and loud.

"I'm Winning.."- Jose Baez (borrowed from Sheenster)

During the motion for exclusion and Frye hearing,  Jose  Baez,  lost it.

Avid readers and contributors here know I am not about the drama.  This was actually that baaaaadd.

FRYE'S WIT DAT?

Shy of jumping up and down or retreating to a fetal position with thumb-sucking involvement, Jose Baez, counsel for defendant Casey Anthony, needed a time out, several time outs, and was granted one after his co-counsel's requests, and another, courtesy Chief Judge Belvin Perry.

Because I value your time, and will not subject you to the H O U R S of innocuous banter we witnessed, my highlight reel for your review-

Let's say Jose Baez does not hold any advanced  Science degrees.  In the interest of disclosure, neither do I.

I do however understand that blaming the State, in this case, Jeff Ashton, for the reason that Mr. Baez missed deadlines requiring him to agree to a stipulation whereby he can no longer subject the "hardware" of Dr. Arpad Vass to the "Frye" test, is a no-n0.

Chief Judge Belvin Perry: ..Mr. Baez.. it sounds like to me, you entered into an agreement that you are trying to rescind.. If you questioned  the results then, why did you agree to it?...

Jose Baez: ..It is the easiest thing in the world to hold a contempt charge over a lawyers head, Judge..

Chief Judge Belvin Perry: "...Your co-counsel is trying to speak to you."

Jose Baez: "Judge, can we have a 5 minute recess?"

Chief Judge Belvin Perry: "You may have a 5 minute recess."

This exchange came near the end of what can only be described as a window to the strength of the State's case against Casey Anthony for the murder of her daughter Caylee, and the utter lack of preparation and skill the defense team has by comparison.

Photo Credit Gary Kazanjin

While it is true that much of what we hear in pre-trial motions is not always what will be admitted at trial,  which is the very reason for them in the first place, the defense's lack of knowledge of their own case is not a valid reason to deny something into evidence.

It is abundantly clear from this editor's perspective that neither Dorothy Clay Simms nor Jose Baez sufficiently understood the scientific subject matter they are requesting to be rendered inadmissible, or in effect, "junk science".

Devoid of strategy, repetitious and largely irrelevant, with several pending motions still to be heard,  the defense ate up two straight days. As a result, all parties are back in court next Friday and possibly Saturday.

By far the most important witness to take the stand yet , Dr. Arpad Vass,  research Scientist of "The Body Farm" fame and globally respected,  peer-reviewed author of two separate studies on odor analysis in human remains, NAILED IT.

(more...)

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“He has lulled himself into a false sense of competence.”

Hold The Hubris Pass The Humility

The saga begins as follows:

Aging local *legend in his own mind* defense attorney gets “defendant envy” when he sees the dude he thought was the busboy at all The Florida Bar functions, making more on his first big case, with more media face time, than Or lawn do has ever seen. Seasoned barrister signs on for his professional *see alice*, if you will.

Wait, kidding, not the saga in question, my bad.

Yesterday, on behalf of Casey Anthony, lead counsel with Jose Baez, J. Cheney Mason put to “motion” what undoubtedly was screaming inside his head as Mr. Baez bumbled, err, argued, against the States motion for contempt and sanctions last week.  The reconsideration request drafted by Attorney Mason will undoubtedly come as a surprise to Judge Perry.  When his Honor asked Mason why the deadline was not met at the State’s hearing:

..”Was there any particular reason that was not complied with?..”

Mason replied, “The answer to that is I don’t know.” 

Mr. Baez was found in contempt and fined less than the cost of his ipad.

I am not an attorney, but I do know that you cannot introduce new and different bullsh*it you neglected to bore the court with previously AND when you had the opportunity to respond and argue with a new tie and pocketsquare ensemble.

Apparently Judge Perry was not swayed by Baez “.. They say they will call but they never do..” argument, insinuating all Jeff Ashton had to do was call him to work out what his other previous 4 email requests could not.

Makes sense to me now that he put it like that, right?

Everyone knows you can trust what a defense attorney says on the phone who will not commit same information to writing. Duh.

Damn this traffic jam how I hate to be late.. It hurts my motor to go so slow.. 

I have this vision of Atty Slabaugh driving down the 4 with the top down and the 300 pages he threw in the back “loose”, are flying all over the freeway behind him. So that’s the problem.. the dang clerk’s office refusing to tie up their fax, dedicate 2 folks to replace toner and paper in the middle of the 300 page and 5 hour late response, while jamming every other case and function, for Casey Anthony. Missed the memo as well, I presume.

How insensitive. First word folks.. flash-drive. Second word.. GARMIN. It does not take 5 hours to get from Kissimme to Orlando, and that’s assuming he left when the filing was already past deadline.

Moving on to the defense’s whine list:

My fave- Dr. Lee found 17 hairs in a car that is believed to have transported the victim in this instant capital murder case and therefore he should not be expected to testify about it.

BBBBBBBBAAAAAHHHHHHHAAAAAA. Seriously?

To date, this is absolutely the most laughable attempt to publicly excuse a witness who Mr. Baez apparently does not consider important enough to pay his dang expenses out of pocket for.

I hear this in my head:

Dr. Lee is not going to be called to testify OR be available for a deposition, cause, like, maybe the harsh weather will not produce that case of luscious oranges, but we are not sure yet, so please wait while we ask the plant lady, who will of course be testifying about plants, but you knew that already. Please tell me you knew that already.

Not to be confused with p-l-a-n-t-i-n-g, as we plan to move to strike or suppress any appearance of the words ” Dr. Henry Lee” and the word “planting” that appear on the same page of any document or media article, as well as within the silent thoughts of any of them-there bloggin’ types.

Lest we forget, Mr. Lee, who will not be testifying anyway if his expenses are not going to be paid, was denied access to an active homicide recovery scene while CST’s were still removing the tiny bones of Caylee Anthony from her swamp tomb.. the nerve of OCSO.

I mean, who knows what Dr. Lee could have come up with in that cornucopia of specimens.

Maybe even Kronk’s Oscar Meyer weenie whistle from the third grade perhaps.

(more…)