Orlando, FL- As most of you following the murder trial of Casey Anthony for her 34 month old daughter, Caylee Marie, Saturday brought the most shocking day of NON-testimony yet.

I am referring to the bombshell dropped on the court by lead defense attorney, J. Cheney Mason. For reasons that may very well stay sealed until the conclusion of the trial, amongst rumors of photoshopping evidence pictures and witness tampering, Mason iniatied an off the record sidebar followed by an incamera meeting someone decided the defendant would not attend.

The dissention in the ranks seemed to stem from Friday’s rookie error, made by Mason, a criminal defense attorney with nearly 40 years of experience and considered one of the “super lawyers” in the State of Florida. Mason asked first responder deputy Ryan Eberlin, of the OCSO if he placed Casey Anthony in handcuffs at the Anthony home , opening the door to the prosecution to allow the deputy to explain, in front of the jury, that he did so at the request of Cindy Anthony after providing proof her daughter fraudulently used her credit cards.

(Editor’s Note: I was so stunned by this ginormous snafu I considered the possibility Mason did so to get fired on purpose. Given Saturday’s events, my jury is still out on that one.)

With Tru Tv’s Insession and other various local affiliates geared up for all day Saturday coverage, this presented the unique problem of having a day of rampant legal speculation as to what could have caused Judge Perry, who already scheduled an extended Saturday as a sanction to the defense for it’s third contempt of an order regarding expert witness testimony, ran through every option.

Based on the fact that immediately after court was recessed until 8:30 AM this morning, Jose Baez informed Dot Simms she would need to accompany State Attorney Jeff Ashton for the afternoon deposition of Dr. Kenneth Furton, that he could not, so she “just had to”, and the immediate seal of both the sidebar and incamera session, it is clear there are very limited reasons for the kerfeffel under Florida Law.

They are:

Jury related issue: Impossible as the court reporter left immediately after the recess. If that were the case, Judge Perry would have been required to address the issue immediately on the record, and with counsel present.

Pending Witness testimony Issue: Would not require recess, would not allow for closed proceedings and sealed transcripts, and there were 7 defense witnesses at the court house waiting to be called.

Plea Deal: Again, would not require in camera session without the defendant.

Misconduct: ding ding ding.. We have a winner.

Health Issue: Possible, but highly unlikely given we are looking at only about another week of testimony.

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" See, Blowflies land on anything, like me " - Jose Flyez

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…)