Tell the Lord Bugsy says hi

Every year at the Hardcore Car & Truck Club show held in Orlando, the crew puts on a memorial honoring one of their most dedicated members, Larry Neal Oliver. On November 24, 1995, the then 22-year-old was killed by thieves who stole his prized possession - his truck.  The annual event reminds everyone that, although he is now gone, he is certainly not forgotten. He lives on in the hearts and minds of his friends and family.

In February of 1998, Jermaine “Bugsy” Lebron was convicted of armed robbery and the first-degree murder of Oliver. I remember this crime distinctly.

Oliver was lured to a house in Osceola County, where Lebron and several others lived. Lebron offered to sell him some “spinners” for his truck. Spinners are hubcaps that spin independently inside of a wheel when the vehicle is in motion and they continue to spin once the vehicle stops. Shortly after Oliver arrived at the house, Lebron called him back to the bedroom area. As he entered the hallway leading to the rooms, Lebron forced him to lie face-down on the floor and then shot him at close range in the back of his head with a sawed-off shotgun, which he called “Betsy.” Although no one actually watched LeBron fire his weapon, they heard it. After Oliver was shot, he was all smiles and laughter, shouting, “I did it, I did it!”

He also described how it felt to kill the victim and what the victim looked like afterward. Oliver’s cash, checks and a credit card were taken from him, and the stereo was stripped from his truck. Lebron then told his roommates to burn Oliver’s ID papers, dispose of his body, and clean the area where he had been murdered. An attempt was also made to burn the truck.

Larry Neal Oliver’s body was later found in a rural area not far from Walt Disney World property, covered with a blanket and some shrubs, but it was still visible from the road.

During the time of the murder, Lebron admitted to his former girlfriend, Danita Sullivan, that he had killed a man. He later told his (then) current girlfriend, Christina Charbonier, the same thing - that he had shot a man for his truck.

Shortly after the murder, Jermaine Lebron high-tailed it to New York City, where his mother owned strip clubs, one a juice bar named Legz Diamond. He was eventually picked up by NYPD, but just prior to leaving the Kissimmee area, he, along with two other people, robbed a limousine driver. They zapped him with a stun gun, took him out to an orange grove and tried to kill him. As Lebron held “Betsy” to the man’s head, he said, “Tell the Lord Bugsy says hi.”

The gun misfired, affording the victim the opportunity to dart into the orange grove and to safety. He was so frightened by the experience, he fled the country and refused to show up for the trial.

Without going into more detail, there is no doubt Jermaine Lebron is one super bad dude. For the murder of Larry Neal Oliver, he was given the death penalty and after several appeals, the sentence still stands. What you may find most compelling about this case is that the Assistant State Attorney was none other than Jeff Ashton. The judge who sentenced him to death? Well, it was none other than Belvin Perry, Jr., who declared LeBron unfit to live. “Jermaine LeBron,” Perry said, “you have not only forfeited your right to dwell among us as a free man, but under the laws of the state of Florida, you have forfeited your right to live at all.”

Hey Bugsy! Tell the Lord I said hello!

See: Florida Capital Cases DC#472846

Pie in the sky?

The term “pie in the sky” originally meant to be a promise of heaven while continuing to suffer through living in the material world. It was coined by Joe Hill in a song written by him in 1911. Joe was a Swedish-born itinerant laborer who migrated to the United States in 1902. The Web site The Phrase Finder described his songs as radical as he fought for labor organizations. “The phrase appeared first in Hill’s ‘The Preacher and the Slave’, which parodied the Salvation Army hymn ‘In the Sweet Bye and Bye’. The song, which criticized the Army’s theology and philosophy, specifically their concentration on the salvation of souls rather than the feeding of the hungry, was popular when first recorded and remained so for some years.”

You will eat, bye and bye,
In that glorious land above the sky;
Work and pray, live on hay,
You’ll get pie in the sky when you die.

Today, pie in the sky can allude to many things, such as asking for more than you end up with or expect, for that matter. You may ask for the sky and end up with pie, which is better than nothing. It reminds me of an experience I had while selling advertising for a newspaper many years ago. Ed Mack, now gone, was the editor. He was also a member of the Rotary, the Chamber of Commerce and very active in the Hunterdon County YMCA, volunteering many hours of his personal time.

Ed and I got along great. A wall about 7 feet high is all that separated the editorial department from advertising and my desk sat closest to the line of demarcation. The ceiling was high, so we could hear each other as one side got stories and the other sold ads.

One afternoon, Ed came over to my side with an idea. Bear in mind, in the world of newspapers, in particular, a common argument prevailed and it probably still does to this very day. The Advertising Department pays the salaries, we’d cry, while the Editorial Department would adamantly point out that its news that sells a newspaper and without news, there would be no newspaper. In the end, those key points were muted by the mere fact that, either way, we had jobs, and that’s what mattered most. Today, it’s not so easy.

Ed knew that I was a member of the now defunct Flemington Area Jaycees. On this particular afternoon, he wanted to know if I could get a band of fellow Jaycees together to man phones at the telephone company, which had already given its permission to do so. It was a simple request. The intent was to ask for donations from members of the Y and the general population in order to build the first installment of a large complex that was in the works, an Olympic-sized swimming pool to the tune of $150,000. He knew I was an officer of the club and, with mild coaxing, that I could easily table the idea at our next meeting. Sure thing, I said, and to fast forward, about 8 or 9 of us showed up to sit in open booths at the phone company the following month. Ed was the man in charge and he gave us stacks of 3” x 5” filing cards with the names, addresses and phone numbers of potential donors. My close friend, Frank Foran, was and still is a top-notch sales rep, and he was in fitting form for the occasion.

Of course, we all focused on the cards we had. Initially, I called people and introduced myself as a member of the Flemington Jaycees and that we were proudly supporting the YMCA in their effort to bring our area a large and highly professional educational and recreational sports facility. We all know the Y. All of Hunterdon County would shine because of it. Perhaps you saw it written up in the newspaper? Oh, yes, of course you did. Well, the first leg is the swimming pool and we need to raise $150,000. Could you please help out by donating $50 toward our goal? No? How about $25? No? Yes, I understand times are tough. [Gee, that was back in the late 70s.] OK, well, thank you, and if you can ever help, please call me at the newspaper and I will make sure you are contacted by the right people. That meant Ed, whose office was a mere stone’s throw away from my desk.

After about a half-dozen disappointing phone calls begging for money, I got zero results and I thought about it. I had to change my tune or I would end up a major flop to the man who was directly under the publisher, my employer. This wouldn’t sit well with Bengt Gaterud, the sales manager, either. I rewrote some of the lyrics. I had my eye in the sky for pie in the sky.

Hi, I said, as I gave the same opening spiel with the hundred-and-fifty grand price tag. There was no need to change that, but when they asked me how much I was expecting them to give, it wasn’t $25 or $50 I requested. Instead, I asked for $2,000. Yes, $2,000 would be great. Of course, they exploded with raw emotion.

“Two thousand dollars?!!! You gotta be nuts! I can’t afford anything like that!”

“OK, how about a thousand?”

“You gotta be kidding me?”

“No, I’m serious. How about fifty?

“Fifty, you got it.”

And with that change in tactics - the rapid-fire subtle suggestions, I ended up making the second-most money of the night and it was a huge success. Of course, Frank made the most, and no one expected less from him. He’s that good.

The next morning, Ed and I purposely crossed paths. He thanked me and the fellow Jaycees. I asked him how well we did. He said it was huge, a lot more than he figured. He told me one other thing.

“I don’t know what you did, Dave, but I gave you a list of deadbeats. I didn’t expect you to make any money at all, but you came in second. I gave you that list because you are a salesperson for this newspaper. I wanted to see what you had in you. You really surprised me.”

OK, now you may think I’m strutting my stuff, but I’m not. As long as I’ve known Frank, he’s encouraged me to go into sales. When he’s 95-years-old and I’m 90, I can hear him in his decrepid, soft and gravelly voice, “Dave, you need to go into sales.”

I never will. I’ve found my niche; it’s writing, and there’s a point to my story - the case against Casey. I constantly hear from people who think she deserves the death penalty, but won’t get it. Some people think she should get life without parole so she can live out her days in prison, wallowing in the memories of her precious daughter and what she, herself, could have become in life. Some people don’t think she’s guilty of murder, but none of that is my point. To use the old cliché and cut to the chase, the state has requested the death penalty. Does the state seriously intend to execute her? You bet, or it wouldn’t have been placed on the table to begin with. This ain’t no dress rehearsal, as my old friend Tom Corkhill always said. This is the real deal, only there is a ‘what if’ formula here, just in case. Because of the death penalty, the jury must be made up of people willing to sentence a person to death. It doesn’t automatically mean they will, but means they might be more prone to finding her guilty. The odds increase exponentially with a death qualified jury and the state knows it. There’s the sky, but will the aim be too high?

In the end, the defense is going to put on a much better show than originally anticipated by us, the general public. Perhaps, in all their seasoned wisdom, the state knew that as time went on in the sweet by and by, things would get tougher. Today, with the recent addition of several more well-seasoned defense attorneys, please allow me one more cliché. I think that, from now on, this is not going to be a piece of cake for the state.

Baez team announces new attorneys

The Baez Law Firm announced last week that Dorothy Clay Sims, an attorney specializing in cross-examining medical expert witnesses, had joined Casey Anthony’s defense team pro bono.  She specializes in debunking junk science and cross-examining medical experts. She is a founding partner of the law firm Sims & Stakenborg in Ocala, Florida and was the first woman chair of the Worker’s Compensation Section of the Florida Bar. Orlando attorney William Jay, who represents Anthony Lazzaro, said that she has been known to anger forensic experts.

At a press conference this morning, Sims said she hasn’t owned a television in more than ten years and has kept herself up-to-date with the case through the Internet.

Also at this morning’s press conference, Jose Baez announced the addition of two new pro bono attorneys, one to handle her civil case, and the other to help challenge the state’s demand for the death penalty.

Civil attorney Charles M. Greene, of The Law Offices of Charles M. Greene, P.A. replaces Jonathan Kasen, who had been representing Casey in the civil lawsuit filed by Zenaida Gonzalez through attorney John Morgan, of Morgan & Morgan. Greene specializes in a variety of civil and criminal legal areas, including criminal defense, civil litigation, trial practice and product liability.

Ann E. Finnell graduated from Duke University and the University of Florida School of Law. According to her Web site, she “has handled homicide and death penalty cases since 1981.  She specializes in complex homicide litigation including death penalty mitigation.  In addition, she has tried serious felony cases including second degree murder and manslaughter cases, capital sexual battery, and other sexual battery cases, kidnapping, armed robbery, armed burglary and violent personal crimes.”

She was featured in a 2002 documentary that won an Oscar. The film, Murder on a Sunday Morning, chronicled the successful defense of young man falsely charged of murder. She is very experienced. Baez noted that she will serve as the defense team’s death penalty expert. “Her experience is second to none,” he noted this morning.

Casey Anthony’s defense is filling up with distinguished attorneys. No matter how dumb anyone thinks Jose Baez and Cheney Mason are, they know how to surround themselves with smart lawyers who specialize in areas where they need the most help. I wouldn’t call those stupid moves. Not in the least.

Here’s some food for thought. It’s not the same as the Anthony case, but it illustrates how trials sometimes work. Originally, there was speculation that Miami attorney Roy Black would be joining the team. That turned out to be nothing more than a rumor, but in the criminal evidence workshop he runs at the University of Miami School of Law, he likes to cite a favorite example of a courtroom experience from some 50-plus years ago. An attorney was representing a murder suspect in a case where no body was found. He announced to the jury that the victim would be walking through the courtroom door at that very moment. When the jury turned to look, the attorney said that their turning proved reasonable doubt existed. Without missing a beat, the prosecutor stood up and replied that it was a cute trick, but while everyone turned to look, “I turned to look at the defendant, and he never turned around, because he knew she was dead.” [See Florida Superlawyers, Roy Black Bio]

Does that sound like banter that could come from a particular defense attorney and prosecutor in this case?

Slowly, the wiles of justice churn

PLEASE READ THIS POST FIRST

“Carla was my very best friend. We talked about everything and anything together. It didn’t matter where we lived. If Carla was there, it was home to me. Now I feel very alone.”

- Jim Larson in 1999

When John Huggins was arrested for the murder of Carla Larson in 1997, several ministers who knew him said no way. He was not capable of doing such a horrible act. After all, they proclaimed, this was a gentle giant, anointed by God to do great work. He had become a born-again Christian. He volunteered to go on many missionary trips to Haiti to help build schools, churches, and to run clinics. No, the preachers collectively agreed, John was a good man. For the sake of Carla and all her loved ones, law enforcement thought otherwise.

On her final day, Carla drove to a Publix supermarket a mere five minutes away from where she worked. Located at the intersection of International Drive and Osceola Parkway, she spent $8.63 for pita bread, pretzels, grapes and cherries. She never had a chance to eat any of her purchase.

While Carla’s life came to an abrupt end in 1997, John Huggins is still alive and kicking, and it’s taken some strange twists and turns along the way. This is what happens on death row, and this is why a life sentence without the possibility of parole may be a better punishment than the torture victims’ families must endure for many, many years to come. In some cases, it’s worth the wait. In others, it’s not. I guess it depends on who justice truly belongs to. It is not us, it is the likes of Jim Larson and all who suffer to this day. It is for Carla’s soul which still cries out. It is for John Huggins to own up, something he has never done, and to accept the punishment the state of Florida doled out to him. Like most murderers, he never will.

Here is the twisted journey of John Huggins.

Toward the end of January 1999, Huggins went on trial for the brutal murder of Carla Larson. A career criminal, he had already been convicted and sentenced to life in prison for robbing a bank just three months before he committed murder. This is a man who duped ministers of God, but he would never be able to fool the Almighty. Ultimately, he couldn’t fool a jury, either, and on February 4, less than a month later, he was pronounced guilty as charged; convicted of first-degree murder, kidnapping, carjacking and robbery.

In the fleeting moments after he heard the verdict, he looked at Jim Larson. Larson met his gaze and thought, bye, bye. It was his way of saying go to hell. If anyone had a right to ask for death, it was him, and death he wanted. One week later, a nine woman, three man jury concurred by an 8-4 vote, after deliberating a mere two hours.

The prosecutor had asked the jury to imagine Carla Larson’s last moments. She must have realized she was going to die. “When those hands went around her throat, she was fully and completely aware the last face she would ever see was that one. As she slowly lapsed into unconsciousness and died, that was her final memory.” [To anyone following the Anthony case, does that sound vaguely familiar?]

Incidentally, the jurors were never told about Jim Larson’s sister, murdered seven-and-a-half years earlier in Gainesville, by Danny Rolling.

On February 26, Carla may have thought justice was served had she been around, because the judge agreed with the jury. Her father, Mert Thomas, said,“That’s the way it should be. It still doesn’t bring her back.”

What the judge had to say was very damning to John Huggins. In his 14-page sentencing order, he read, “One can only imagine the alarm, the anxiety, the apprehension, the fright and the terror that she felt as she was forced to ride to her demise.

“What fear and horror she must have felt when she was forced to walk from her vehicle into the wooded area - Carla Larson’s own death march to Bataan. No one can truly know the emotional strain and physical pain she had to endure as she struggled to breathe as the defendant strangled her to death.”

The judge spoke a total of 30 minutes. “John Steven Huggins, you have not only forfeited your right to live among us as a free man, but under the laws of the state of Florida, you have forfeited your right to live at all… You shall be put to death in the electric chair by having electrical current passed through your body in such amount and frequency until you are rendered dead… John Steven Huggins, may almighty God have mercy on your soul.”

This did not bring the Larson and Thomas families any happiness, but they were willing to move on. Sadly, if you think this is where it ended and the world went merrily on its way, guess again. This was only the start of things to come.

♦

Within weeks of the conclusion of the trial, Preston Ausley, an engineer working for the Orange County Courthouse, contacted Huggins’ defense attorneys and told them about information the state knew but never disclosed. On March 25, 1999, his defense filed a petition for a writ of habeas corpus in court, alleging that the state withheld evidence that would have been favorable in direct violation of Brady, which consists of exculpatory (or impeaching) information that is material to the guilt or innocence of a defendant. It’s based on the U.S. Supreme Court case, Brady v. Maryland, where the court ruled that suppression of evidence by the prosecution to the defendant who has requested it violates due process.

In a detailed written order, the same trial court and judge found that the state violated the dictates of Brady and granted Huggins a new trial. Of course, the state appealed the ruling and lost. Here’s what the trial court ordered:

On June 16, 1997, an individual named Preston Ausley spoke with Detective Daniel Nazarchuk of the Orange County Sheriff’s Office. Mr. Ausley had contacted the Sheriff’s office with information regarding the Carla Larson case. Mr. Ausley told Detective Nazarchuk that a white Explorer cut him off in traffic [in Orlando] and that he had written down the tag number. Mr. Ausley told Detective Nazarchuk that he had verified within one digit that the license plate number he had recorded was the same as that of Carla Larson’s Explorer. As a result of this conversation, lead sheet 302 was created from Detective Nazarchuk’s notes. The lead sheet wasprovided to the defense during discovery.

At the evidentiary hearing, Mr. Ausley claimed that he told Detective Nazarchuk that the individual he saw driving the vehicle was a white female in her late twenties to early thirties with blonde hair justbelow the shoulder. However, Detective Nazarchuk’s notes indicate that Mr. Ausley said he saw a white male of the same description driving the vehicle. Detective Nazarchuk recorded the date of thesighting as June 12, 1997. However, Mr. Ausley believes it was June 11, 1997. At the hearing, Mr. Ausley explained that he is very bad with dates and came to the conclusion that he encountered Ms.Larson’s truck on June 11, 1997, by verifying the date through other sources.

 Thereafter, on February 1, 1999, the day after seeing Angel Huggins on television during coverage of Defendant’s trial, Preston Ausley went to the Office of the State Attorney to speak with the State Attorney for the Ninth Judicial Circuit, Lawson Lamar. Mr. Lamar was unavailable. Mr. Ausley was directed to Assistant State Attorney Dorothy Sedgwick who spoke with him briefly. Ms. Sedgwick asked Pat Guice, an Investigator with the State Attorney’soffice, to speak with Mr. Ausley and take a tape recorded statement.

In the recorded statement provided to Mr. Guice, Mr. Ausley stated that when he saw Angel Huggins on television it struck him that she resembled the white female with blonde hair he had seen driving the white truck with a license plate that matched Carla Larson’s within one digit on the morning of June 11, 1997, on International Drive.

After he had given his statement, Mr. Guice requested that Mr. Ausley return the next day so that the attorneys, who were at that very time prosecuting Defendant’s case in Jacksonville, could speak with him.

The next morning, the Assistant State Attorney who was prosecuting the case in Jacksonville spoke to Ausley by phone. After this conversation, the prosecutor determined that Ausley’s name had been given to the defendant in lead sheet 302, and that his statement did not support what he ”believed the defense’s theory of the case would be, and Mr. Ausley’s statement was of little value.”

Therefore, the state decided not to disclose the tape recorded statement or the information about what Ausley said he saw. As a matter of fact, this particular prosecutor was in court that same day and never disclosed it. The trial concluded later that week.

In overturning the verdict, the trial court judge analyzed every bit of evidence presented at trial and determined that prejudice ensued as “the suppression of Mr. Ausley’s statement resulted in a verdict that is not worthy of confidence.”

With that, John Huggins was granted his new trial. All charges against him were vacated and upheld by the Florida Supreme Court on appeal. Of course, he was still in prison for the bank robbery, if that had any redeeming value.

♦

To Jim Larson and all of Carla’s family and friends, it was like living through another devastating nightmare, but justice came once again. This time, the trial took place inside an Osceola County courtroom, but it didn’t serve Huggins any better. Hours after firing his lawyer, which seems to be consistent with the strange minds of convicted derelicts, he was convicted again on July 25, 2002. Jurors deliberated for five hours instead of two before deciding he was guilty of first-degree murder, carjacking, kidnapping and petty theft. What brought one charge down from robbery beats me. A pear-shaped diamond engagement ring and other jewelry isn’t petty, in my opinion.

His defense attorney this time was Orange-Osceola Public Defender Bob Wesley, if you remember him from Casey’s indigence hearing. He failed to sway jurors that it could have been his friend Kevin Smith, the man who let Huggins keep the SUV at his house until he torched it. The Assistant State Attorneys showed proof that Huggins had been staying at the Days Inn directly across the street from the Publix where Carla was abducted.

Like the Casey Anthony case, the evidence was primarily circumstantial. Witnesses testified they saw a man driving a white Ford Explorer that looked like hers. The man behind the wheel looked like Huggins, too, and her jewelry was found hidden in his mother-in-law’s back yard shed. Very incriminating, indeed, but still circumstantial.

As soon as Huggins fired his Public Defender, he told the judge, “We’ve come to an impasse on strategy for the penalty phase.”

The judge cautioned him, but agreed. He then ordered Wesley to remain on stand-by. “I think nothing is more personal than a decision to live or die,” Wesley said of Huggins’ decision.

Foolishly, he did represent himself during the penalty phase, one which showed him to be unemotional. It lasted all of one hour. In his argument against death, he said that he had a difficult childhood. He spoke of the wonderful work he did serving the sick and poor people in Haiti, tending to the afflicted no one else wanted to help. Imagine how much good he could “contribute to the prison community if given a sentence of life without parole.”

With no reservation, the judge told him, “You have not only forfeited your right to live among us as a free man, but under the laws of the state of Florida, you have forfeited your right to live at all.” Shades of deja vu.

Clearly, the judge had considered those mitigators, but in the end, he said they were far outweighed by five aggravating factors, including his prior felony record and the fact that Larson was kidnapped before she was killed. He also noted that jurors, who recommended the death penalty, unanimously found Larson’s murder to be “especially heinous, atrocious or cruel.”

“The horror, the agony, the emotional strain and fear she must have felt knowing of her impending death is beyond comprehension,” the judge exclaimed.

♦

Four years later, in November of 2006, John Huggins had a new attorney willing to take up his cause. While we may question why, this is the way the justice system works, and this is why I will never deny Casey Anthony a proper defense, no matter what. If scum like Huggins deserve it, so does she.

This time, it was a matter of his competence., and it was the first time it had come up in his case, according to his Tampa-based attorney, Eric Pinkard, who said he became concerned when he had trouble communicating with his client, according to a report in the Orlando Sentinel. [I do find it interesting that death row inmates tend to lean toward incompetence when all else fails, but that’s just my own personal observation and opinion, and one that Casey may pursue many years down the road if she is convicted and sentenced to die.]

The following day, the judge decided he was incompetent after three doctors agreed that Huggins couldn’t help his defense prepare his appeal case, and that he needed psychological treatment, including anti-psychotic prescriptions. In the state of Florida, an inmate on death row cannot be executed while receiving treatment. Slowly, the wheels of justice turn.

The judge ordered him to remain in the custody of the Department of Corrections and to be treated by doctors from the Department of Children & Families. “I’m OK with this,” said Jim Larson. “This is how the system works.”

The judge also ordered DCF officials to submit a report in 90 days.

John Huggins knows how to manipulate the system. After so many back and forth arguments over his competency - yes he is, no he’s not - the trial judge decided on October 20, 2009 that he was, in fact, competent. This came after he heard testimony from a psychologist who found him to be a liar who also exaggerated the truth. For three years, he was in a legal state of sanity limbo; in and out of a world of competency. Finally, he was deemed sane enough to proceed with his legal appeal! Or so we thought.

In November, only a month later, his attorney had another evaluation done by Tampa-based psychologist Richard Carpenter. At a July [2010] hearing, Carpenter testified that Huggins demonstrated signs of mental illness. “He expressed these delusions about the Feds, the Dixieland Mafia and that he was being framed,” and here we go, all over again, twelve years after the murder of Carla Larson.

In that July hearing, prosecutors noted that the issue of Huggins’ competence has lingered for years and suggested that his repeated evaluations could have taught him how to trick those tests. The judge expressed frustration over the time it took from tests done in November and when the motion was filed, more than six months later, and to complicate matters even more, Huggins filed his own documents requesting that his legal team be removed. He refused to meet with his attorneys and Carpenter. Quite clearly, this has been one mess after another, and it clogs up the system. Had John Huggins only put his talents to good use.

Meanwhile, his attorney argued that an upcoming hearing on post-conviction appellate claims should be delayed until the question of his competency is settled.

The judge insisted that the hearing would take place next month while that is being decided. Also, there are remaining issues over claims involving ineffective counsel and prosecutorial misconduct. “This case is mired in quicksand,” he said, and he’s not convinced whether Huggins is delusional or trying to delay the process.

Now, we come to August, and how far have we advanced? Once again, the judge asked court-appointed experts to try to come up with an opinion regarding Huggins’ competency by reviewing doctor’s notes. “I am competent,” he told the court. “My mental condition is sound and always has been sound.”

Huh?

During the hearing held in the final week of the month, guards had to forcibly remove Huggins from his cell at Florida State Prison in Starke so he could attend. An electronic stun belt was attached to his body that would shock him if he acted out. A deputy stood by ready to zap him with 50,000 volts. Needless to say, it wasn’t necessary, although he was anything but cooperative, and he has shown a history of animosity toward this particular judge.

As the latest hearing wrapped up, Jim Larson said he was planning on taking a trip up to Gainesville to attend the 20th anniversary remembrance of his younger sister, Sonja, murdered and mutilated by serial killer Danny Rolling, now executed, as John Steven Huggins continues to legally mutilate the justice system.

Larson said he was confident this is the countdown to Huggins’ execution. “I was there for the last one [at Rolling’s execution] and I’ll be there for this one, front row. Maybe he’ll send for me.”

♦

Oh yes, there’s just one more thing of special importance. After attending Casey’s last status hearing, I spoke to Jeff Ashton about John Huggins on the way out of the courtroom. You see, he was the prosecuting attorney when it all began. He was the one throughout all these years of trials and motions. It was Jeff Ashton who represented the state time and time again. I asked him what he thought. How would this latest hearing turn out? “I don’t know. I really don’t know. It’s in the judge’s hands.”

The judge? Oh, yes, that would be Chief Judge Belvin Perry, Jr., the same one who found Huggins to be incompetent, but the same judge who sentenced him to death. Twice.

See also: Commission on Capital Cases

When karma strikes twice

At 6:13 PM EDT on October 26, 2006, Danny Harold Rolling took his final breath. Florida’s most notorious serial killer since Ted Bundy was executed by lethal injection for raping and carving up five college students in a ghastly spree that horrified and terrorized the University of Florida’s campus in Gainesville back in August of 1990, just as the fall semester got underway. Each one was murdered with a hunting knife. Some were mutilated, sexually molested and put in gruesome poses. One of his victim’s severed head was placed on a shelf, her body posed in a seated position.

Just before his execution, he confessed to the November 1989 murders of a 55-year-old man in Shreveport, Louisiana, his 24-year-old daughter and her 8-year-old son.

One of his victims at UF was Sonja Larson, a freshman who was killed along with her roommate in the apartment they shared. Her goal was to become a teacher. On that fateful night, she and her roommate, Christina Powell, went to a local Walmart to buy a few things. Danny Rolling was a drifter who just happened to be in the store at the same time. He followed the women back to their apartment and attacked them in their sleep.

Her brother, Jim Larson, who lives in Orlando, said, “He confessed to killing five people. He cut their heads off, then played with them. He did the worst things you can possibly do to somebody…”

During the trial, he was so  shocked by the details that at one point, he curled into a ball on the floor and sobbed. He might have never moved from that spot had it not been for his wife, Carla. She cradled him as he cried and sat with him during the remainder of the trial. She convinced him that evil had not infested the entire world, despite it touching so close to home. She was his guide and mentor; his beacon of hope and strength.

Fast forward seven years. Carla Larson got up on the morning of June 10, 1997, to go to work as a building engineer for Centex Rooney Construction Company. The project, a resort called Coronado Springs, was on Walt Disney World property. It was an ordinary day until she left for lunch and never came back. She went to a nearby Publix supermarket to buy grapes and strawberries when a small time convict named John Huggins kidnapped her in the parking lot, drove to a remote field, and strangled her, partially burying her in a shallow grave and covering her with leaves.

What did Jim Larson do to deserve this? They had a one-year-old daughter together. It was her idea, but he didn’t want to bring a child up in a world where murderers like Danny Rolling stalked innocent victims. After extensive counseling, Jim found inner peace and their daughter was born. They had bought a small house in the suburbs of Orlando, in College Park. They installed new locks and a home security system. They bought a Rottweiler. Carla drove a big Ford Explorer. Jim made sure he did everything he could do to keep his family safe.

John Huggins was a Sanford landscaper who had been in and out of trouble with the law most of his life. He was on vacation with his estranged wife, Angel, and their children, staying at a hotel directly across the street from that Publix. In broad daylight, he punched Carla in the stomach, forced her into her Explorer, and drove away, never to be seen alive again. Two days later, her nude body was found, partially clad in a beach towel. She was badly decomposed after only two days in the hot summer sun, but one of the medical examiner’s photographs suggested the possibility of a pre-mortem sexual injury. In other words, rape, without all of the details of the autopsy report. At the time, Dr. Sashi Gore was the Chief Medical Examiner for Orange and Osceola Counties. A different Dr. G back then.

I distinctly remember this murder. It’s funny how the mind plays tricks. After his arrest, John Huggins looked like an ordinary guy to me, unlike a murderer, but then again, what is a murderer supposed to look like? Someone pleasing to the eye, like Casey Anthony or Ted Bundy? When Jim Larson was interviewed on TV, he acted so unemotional and flat, he became a prime suspect in the minds of viewers. He’s hiding something! I even hesitated to believe him because of his indifference. He talked to the media, never shedding a tear, and never showing anger or sorrow. When he spoke, it was insipid, with a prosaic stare. Law enforcement officials were so perplexed by his strange behavior, they asked him to take a lie detector test, just to see if he was somehow involved. Of course, his only involvement was the incredible love he felt for his wife. It lasts to this very day. The murders of his sister seven years earlier, and now his wife, had completely drained him.

On the afternoon of the murder, Carla’s white Explorer was seen speeding away from what turned out to be her temporary grave, along the Orange-Osceola county border. Huggins was trying to patch up his broken marriage. He and his family had been staying in motel and hotel rooms mostly around the Melbourne area where his wife’s mother lived, before coming to Orlando. Angel, his second wife, later told police that her husband was gone at lunchtime that day and returned sometime later, all sweaty and nervous. She soon left with the children to stay with her mother, Fay, leaving Huggins behind.

Later that day, he arrived at Fay’s house driving a white SUV that matched the general description of Carla’s. It was a rental, he said. Although he and his wife were in the process of a divorce, they continued to stay together in the coastal area until her sister, Tammy, arrived to visit. During that time she and Huggins began a relationship. What happened next was something I remember because it was so obvious what this was all about.

Kevin Smith, who lived nearby, was a friend of Huggins. He had agreed to let him keep the SUV at his house for a few days. On the evening of October 26, police received a phone call that an SUV was engulfed in flames in a vacant lot near Kevin’s house. Instinctively, most of us knew what it was, and a subsequent investigation proved it was Carla’s and it was set on fire intentionally.

On the following day, seventeen days after Carla’s murder, Tammy returned to her home in Maryland with John in tow. Shortly after they left, Angel watched America’s Most Wanted, which featured Carla’s murder. She had wondered where John got the SUV and never believed his story. She called the show and reported that she suspected her husband of the murder. As a result of that call, investigators conducted two extensive searches of Fay’s house, but were unable to find anything incriminating. Angel and her mother searched, too, and one day while getting a can of bug spray out of the back yard shed, Fay noticed a screwdriver on top of an electrical box. On a whim, she unscrewed the lid, and found jewelry inside - jewelry that was later found to belong to Carla, including her pear-shaped diamond engagement ring.

John Huggins was arrested in Maryland and extradited back to Florida. After his indictment in front of an Orange County grand jury, he requested a change of venue, which was granted and transferred to Jacksonville in Duval County. On February 3, 1999, Huggins was convicted of first-degree murder, carjacking, robbery and kidnapping. During the sentencing phase, Jim Larson told the jury that, ”One night Carla and I were sitting on a bench outside her dorm room. We were just talking. Carla got up to do something. She walked a few steps and turned around and looked at me. It was just a moment. But when our eyes met, it was as if our souls touched one another. I smiled back at her. I felt so good my eyes filled with tears. I loved her so much. We set our wedding date for Dec. 1, 1990, after her graduation from college.”

After considering the aggravators and mitigators, the jury recommended the death penalty by an 8-4 vote. The court agreed, and John Steven Huggins was sentenced to death. Ironically, Danny Rolling and John Huggins were on death row together. Two murders unrelated except for one common thread - a man, two women and two families who did nothing in life to deserve this. Neither did Jim and Carla’s daughter, a mere one-year-old at the time, much too young to sin, and much too young to know anything about bad karma.

This is the end of PART ONE. Where am I going with this? Wait and see. The answer will come this week, when I weave it all together with what we are witnessing today in a case that has so much national exposure, it dwarfs the magnitude of Carla’s murder in scale, but certainly not in importance.

TO READ PART 2, CLICK HERE

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BACKGROUND CHECKS

Trial By Ambush

PART I

I hate being late to anything, but on Monday, so many people were present at the courthouse waiting to go through security, it was a full 9 minutes before I entered courtroom 19D, meaning that I was 9 minutes late since Chief Judge Belvin Perry, Jr. is a stickler for being prompt. When a hearing is set to start at 1:30, it starts at precisely that time. Courtroom 19D holds some bittersweet memories for me, too. It's Judge Strickland's courtroom, and the one where I was called up to meet him on that fateful October day last year. Alas, life goes on, but it's a date I will never forget.

What ensued on Monday was a heavy dose of the reality of Judge Perry's courtroom and a taste of things to come. One of the strongest statements he made and one that's clearly set in stone is that he will not budge when it comes to the timeline. On May 9, 2011, jury selection will start and exactly one week later, on the 16th, the trial will begin.

The reason for these status hearings is to keep both sides on schedule and to ensure that they share information with each other and get everything synchronized or suffer the consequences. “I would not want me setting your depositions,” he said. “I’ve been known to do some weird things like working on Saturday.”

One of the issues Jose Baez addressed was the timing of the state's release of discovery. He cited one example. Erica Gonzalez worked as a shot girl at Fusian Ultralounge. She told OCSO Cpl. Yuri Melich that she spoke to Casey on the phone on July 15, 2008, and heard her talking to Caylee.

Jose said he didn't receive this information until July 22 of this year, over two years later. Linda Drane Burdick responded that there are plenty of times witnesses take too long to respond. For example, PI Dominic Casey took forever to turn in documents and it took a week to scan all of the papers for release.

The defense turned over an amended witness list containing 63 Category A witnesses. The judge reminded both sides of their deadlines. Linda Drane Burdick mentioned that 300-500 more pages of discovery are coming, but they would be mostly bank records of no significance to the defense. She still needs to copy Yuri Melich's hard drive, she added.

The prosecution wondered how 35 people could possibly be deposed in one day, as stated by the defense. Cheney Mason piped in that he would get it done on September 15 as scheduled. Some might be a mere 5 minutes long. What I noticed during this exchange was a friendly banter between Mason and the judge. Quite clearly, the two men had experience with each other and were, no doubt, comfortable and aware of each other's unique personalities, strengths and weaknesses. I will elaborate on this at a later date.

When the defense filed its NOTICE OF STANDING OBJECTION OF ABUSE OF FLORIDA STATUTE 119.01, the judge interpreted it as meaning it was not requesting a hearing, but instead, stating on record that it objected to the media and public's right to know. Jose Baez concurred. The Orlando Sentinel filed a MOTION TO INTERVENE FOR THE LIMITED PURPOSE OF OPPOSING DEFENDANT'S STANDING OBJECTIONS OF FLORIDA STATUTES CHAPTER 119.01. If this sounds complicated, it's not really. It's more of a formality on the defense's part and opens the door for a gag order later on, which Judge Perry will, most likely, write as the trial nears. This will be in order to keep potential jurors from reading about the case so close to jury selection. Mason brought up Murph the Surf, which addressed media coverage. Jack Roland Murphy was a famous surfing champion, musician, author and artist before his convictions; one being his involvement in the biggest jewel heist in American history at the American Museum of Natural History, and the other being the first-degree murder of Terry Rae Frank, 24, a California secretary. From lectlaw.com, Heidi Howard:

The Court examined the totality of the circumstances, and found that if the jurors were actually, provably prejudiced by pretrial publicity, or if the "general atmosphere in the community or courtroom is sufficiently inflammatory," the community sentiment can be so poisoned against the defendant "as to impeach the indifference of jurors who displayed no animus of their own."¹

In other words, the media may be restrained from reporting, at least prior to the impaneling of a jury in a criminal trial, when pretrial publicity is so pervasive that it, more than likely, would have an effect on jurors.

A final edict made by Judge Perry was that all future motions will be heard within 15 days of filing. This is the nature of this judge. Move, move, move! I wouldn't be a bit surprised if he keeps a fully charged cattle prod at his side behind the bench, waiting to use it.

PART II

One of the most compelling statements made by the judge was that the state of Florida has discovery rules that include trial by ambush. Trial by ambush? What's this all about?

In Florida, the standard  trial order entered by most judges  is that 45 days prior to the trial getting underway, both sides must submit to opposing counsel a written list of the names and addresses of all witnesses, impeachment, rebuttal or otherwise intended to be called at trial. It means this is the complete list of people who will be permitted to testify. It's intended to keep either side from suddenly finding a witness and surprising the other side. In this case, an act of this nature amounts to trial by ambush. Most judges will not allow it. Any witness not previously disclosed won't get near the courtroom unless certain circumstances warrant it. An example would be if the party diligently tried to find a witness and failed due to not being available until trial.

Another aspect of trial by ambush includes other discovery, as well. Discovery enables both parties to know before the trial begins what evidence may be presented. This way, one side doesn't learn of the other side's evidence when there's no time to obtain anything to respond.

In 1981, the Florida Supreme Court set the standard for the requirements of pretrial disclosure (See: Binger v. King Pest Control, 401 So. 2d 1310 (Fla. 1981). It gave trial courts ammunition to deal with faulty pretrial disclosure. In Marine Enterprises v. Bailey, 632 So. 2d 649 (Fla. 4th DCA 1994), the Fourth District Court approved the trial court's striking four witnesses for violations of the pretrial order.

“In exercising its discretion to strike witnesses not properly disclosed upon pretrial order, the trial court may consider such factors as: whether use of the undisclosed witness will prejudice the objecting party; the objecting party’s ability to cure the prejudice or its independent knowledge of the witnesses’ existence; the calling party’s possible intentional noncompliance with the pretrial order; and the possible disruption of the orderly and efficient trial of the case.

Compliance with pretrial orders directing proper disclosure of witnesses eliminates surprise and prevents trial by ‘ambush.’ Binger, 401 So. 2d at 1314. Counsel who disobey a trial court order entered months earlier should not be rewarded for their conduct. Pipkin v. Hamer, 501 So. 2d 1365, 1370 (Fla. 4th DCA 1987).”

As a matter of fact, trial by ambush has been discouraged since the state of Florida adopted its rules of procedure in 1954. Judge Perry is well-versed in procedural law, and the fact that he brought it up at Monday's hearing means he plans on abiding by the rules. Remember: 45 days.

On a final note, one thing I understood from attending the hearing was the judge's determination to impress his rules on both sides of the aisle, not just the defense, as many people believe. I saw no discrimination or favoritism. He treated the two sides equally and he had words to say to everyone involved. He doesn't want to hear petty arguing or sniping, either. Such is the manner of any good judge. In this case, there's no doubt in my mind that what we have here is a great judge who will play Solomon if and when it's necessary. Of course, I never expected any less from Judge Strickland, so in that regard, nothing has changed. As the hearing progressed, I got a sense that the light at the end of the tunnel is coming into view. It's no-nonsense from here on out. When Linda Drane Burdick asked the court if closing arguments could be split between all of the attorneys, state and defense, that little tunnel lit up, and I liked what I saw. Justice was shining at that other end.

The loud bark of low heeled derelicts

Last Tuesday, Cindy Anthony e-mailed Local 6 News saying she would give away a pair of Caylee's shoes to a nonprofit organization called Children of Love Foundation, which, primarily, donates shoes, food and clothing to orphans in Central Florida and Honduras. What a mess that simple e-mail created. After WKMG announced the news, the trolls came out in droves, like a festering cauldron of abomination boiling over.

Here's what went down. It's based on factual information interspersed with my opinion, so decide for yourself. Cindy knows a woman who works at the Walgreens Pharmacy near her residence, on the corner of Narcoosee Road and Lee Vista Boulevard, in southeast Orlando. As a matter of fact, the two women have known each other for years, including before Caylee's disappearance. Cindy's acquaintance, Doris Patalano, is affiliated with Children of Love. When she found out about the shoe drive, Operation Barefoot, the group had planned for Saturday, Cindy said she would do what she could to help generate local generosity. This meant contacting the media, something Cindy has never shied away from. What unfolded was a pity.

First off, Cindy can be a pariah. We all know that. She's not the most beloved mother in Orlando or anywhere else. Neither is her daughter, but that's another story. Cindy has been known to contact the press to stir up the works, so her reputation is far from sterling. Think rotten pizza smell and her blatant spinning of words. OK, fine, but remember, she lost her own flesh and blood, and no matter what any of us think of her, it's still very painful. What ensued reminded me of the 'boy who cried wolf' syndrome, so when Cindy tried to do something righteous, it came out wrong, as usual. She, more than likely, told Doris she would contact one of the media outlets and the woman thought it would help tremendously. Cindy thought about it later and decided, on her own, to donate a pair of Caylee's shoes. What a marvelous idea! Only it wasn't. To some people, everything she touches turns to crumbling dirt, and that's a shame.

As soon as word got out, all "heel" broke loose and the laces became untied. What started out as, more than likely, an innocent gesture turned ugly very quickly. Suddenly, the pharmacy got nasty and threatening phone calls. The nonprofit foundation got the same treatment and more, including despicable e-mails from some very vulgar people. Trust me, I know who some of those trolls are because they admitted it on a very open and malevolent site, where they plotted this nefarious plan of attack. One person with many phony names compounded by more of the same appears larger than the truth. What they decided to do was astonishing, and just about as stupid as the Salem Witch Craft Trials of 1692. They body slammed Doris and the foundation. Hard. They said if she or her damn organization accepts a pair of shoes or anything else from George and Cindy Anthony, they wouldn't just boycott the pharmacy and foundation, they'd bury them. They'd get the word out that Children of Hope is evil, rotten, and deserves to be driven out of existence. Not only that, but CVS would be more than happy to take their money for all of the psychiatric and antipsychotic medications they are prescribed, not to mention drugs for IBS and other maladies brought on by their own self-destructive doings. Of course, they finished their tirades the same way they do everywhere they squat - JUSTICE FOR CAYLEE, as if justice is theirs and theirs alone to give.

Initially, the poor foundation was beside itself. It had no idea the world was filled with so much hate, particularly against one person; two, if you count George. Fearing for their own safety, the group almost called the whole thing off. Fortunately, sound minds came along and sanity prevailed. In the end, the shoe drive was successful. George and Cindy dropped off six pairs of shoes and a bag of socks, all new, that will help orphaned children. Lots of other people did the same, ignoring the persevering pestilence that permeated the Interwebz.

The sad part about this is that a small clan of people can almost disrupt a good cause. Did Cindy set out to help Children of Love or was it more along the line of trying to make herself look good; to help rehabilitate her ailing reputation? It may have been a bit of both, but so what? In truth, most of those caustic complainers do not live anywhere near Orlando, nor will they ever give an ounce of help or hope to the foundation or anywhere else. What they set out to destroy was a complete farce. How dare they try to take shoes, clothes, and other items away from hundreds of children in need because of their hatred of one woman. What rotten souls they are. If ever there were a line of shoes called Cads, they would be filled by these worn out, low-down heels.

More from "My bus runneth over"

ENTERING THROUGH THE BACK DOOR

Casey's tragic bus took another wrong turn when it recently handed her former and final boyfriend, Anthony Lazzaro, a copy of a subpoena duces tecum without deposition for phone records from January 2009 to present.

What's this all about? Casey has been locked up for how long? What would her legal team want to do with poor Tony's cell phone records for the past year-and-a-half plus? William Jay, his attorney, thinks that whatever it is, it's no good. He countered by filing a MOTION TO QUASH SUBPOENA DUCES TECUM. Should Baez & Mason be surprised?

What exactly is a subpoena duces tecum without deposition?  A subpoena duces tecum is a summons ordering a party to appear before the court and produce documents, in this case, cell phone records, that could be used at a hearing or at Casey's trial. The literal translation from Latin is to "bring with you under penalty of punishment." The without deposition part means that Lazzaro would not be compelled to appear in person to offer those documents. Whew, what a lucky break.

Here's the problem that the defense doesn't get. After a hearing last August, Judge Stan Strickland - yes, the fine, upstanding and highly revered judge the defense had removed from the case this past April - ordered that, "the time frame allowed to be subject to a subpoena duces tecum was from June 1, 2008 to December 18, 2008."

If you recall, the defense wanted Roy Kronk's cell phone records, too, for a similar period of time. They were denied that request. Poor Roy Kronk was one of the first ones the defense pointed incriminating fingers at while tossing him under a few speeding Van Hool tires.

What would Casey's attorneys do with Anthony Lazzaro's cell phone records from the past twenty months or so? Imagine looking into each and every person he ever made and received calls to and from. Why, if only half of them could be investigated for the next three years, give or take, two things may happen. One, the trial would surely be postponed, and two, there may be a Zenaida or two in that there briar patch. That's a thought, but Baez can't afford another three years pro bono and Mason will be retired by then. No, it's not that. What actually strikes me as funny is that this team recklessly pursues everyone law enforcement has cleared. This includes the Grunds, her former friends, Kronk, of course, and a number of others.

Do I think the defense is trying to pin the crime on Lazzaro? No, I do not. Once again, this is a feeble attempt to discredit the state's prime witnesses, and if he ever made a prank call to Pizza Hut and it's in those records, all of his credibility will fly out the window. "Your honor, this proves the state's witness is unreliable."

I expect this sort of treatment. It is the defense's job to tarnish everyone the state plans to call up to the stand, excluding experts who will go head-to-head with their own slate, but in this particular case, as in many others; just what does the defense really need 26+ months of phone records for? As soon as Lazzaro realized who and what he was possibly dating, he high-tailed it. Casey bit the dust and is, most likely, nothing more than a morbid thought in his mind today. Meanwhile, all this team seems to be going after is the stand-up crowd, with no Zenaida in the patch. Anthony Lazzaro's phone records aren't worth a rabbit's foot. He moved on with his life. Should his girlfriend of today be slapped around, too?

In his wisdom, Judge Strickland made the right and proper call. With Judge Belvin Perry now at the helm, did the defense realize it would lose another Motion for Reconsideration of Prior Rulings if it chose to go that route instead, so, let's choose another path? Enter through the back door. Hand little guy Tony an official order and hope he doesn't take it to his lawyer. Well, he did, and William Jay knew exactly what to do with it. So will Judge Perry.

Here we go... over and over again

"Oh, East is East, and West is West, and never the twain shall meet."

- Rudyard Kipling, in his Barrack-room ballads, 1892

What Kipling was lamenting was the vast ocean of opinions that separated the British and the inhabitants of the Indian subcontinent. I see similarities in the courtroom.

The governor of Florida is the top banana of the state Executive branch, just as the president of the United States is in charge of the federal equivalent. The governor of this state is the only person who has the authority to name a Secretary of the Department of Corrections. Therefore, as we have heard time and time again, jails and prisons fall under the auspices of the Executive branch, not the Judicial or Legislative.

COMES NOW, Casey Anthony's defense team has filed yet another motion regarding her lack of privacy in jail, including, but not limited to, what types of snacks she buys from the commissary. Titled the NOTICE OF STANDING OBJECTION OF ABUSE OF FLORIDA STATUTE 119.01, it, once again, “objects to the constant, unconstitutional and abusive application of [the statute] as it relates to this cause..." In other words, inquiring minds should not have the right-to-know if those nachos are Frito Lay or another brand, never mind what flavor.

For starters, here's what F.S. 119.01 says about the matter as it explains the general state policy on public records...

It is the policy of this state that all state, county, and municipal records shall be open for personal inspection by any person.

There are actually 4 parts to the statute, but the remainder are superfluous, in the sense that they address matters of technological advances, meaning we are no longer moving into a digital world, we are in the thick of it and the state is obligated to keep up with it. With that lone entry, all that should matter to the judge and Casey's attorneys are the simple words that need no further explanation, “shall be open for personal inspection.”

Judge Perry has no authority to usurp Florida statutes, which come from the Legislature, and he has no power to trump the Executive branch, either, which runs jails and prisons.

This is certainly not the first time Casey's lawyers have filed a motion like this. Each time, they have been turned back for the same reason. Whether it was Judge Strickland or Judge Perry, the same old, same old response has been delivered. “I have no power over the Executive branch of government. I cannot tell the jail how to run itself.”

Of course, those responses did nothing to stop this new request. I don't know whether to give the defense an “A” for perseverance or an “E” for filing another wasted motion. I know exactly what grade I would give, but instead, lets take a look at the meat of the motion.

1. This matter is a Death Penalty Case that has garnered national attention and local obsession by the media.
2. The undersigned counsel (Baez & Mason) has made repeated objections as to the application of Chapter 119.01 of the Florida Statutes.
3. The Defense has objected to information being released by Law Enforcement, Corrections, and the State Attorneys office in this matter.
4. It has been and continues to be the defense position that the First Amendment rights of the media must give way to the constitutionally protected rights of the accused, especially when the State seeks the ultimate penalty of Death.
5. This objection is standing and continues and the Defense invites this Honorable Court to either reverse any prior rulings as it relates to public disclosure or Sua Sponte order the aforementioned agencies to prevent any future abuses of Chapter 119.01.
6. On July 13, 2010, the media reported that the accused ordered "Crackers and Cocoa." This ridiculous coverage has become common in this case. The information was obtained from a public records request from the Orange County Jail. [A WESH Web story was attached to the motion.]
7. The only purpose of this type of coverage is to embarrass, harass and humiliate the accused and poison the potential jury pool.

It is that final argument that strikes me as peculiar. The only thing that has become an embarrassment is the amount of motions this defense has filed regarding, not only this matter, but others. It is no trade secret that the jail, the state attorneys and the sheriff's office routinely respond to media requests for public records and the agencies are obliged to hand over the goods. True, this is a capital murder case, but if we are a nation where all people are created equal, and that means Floridians and their state's Open Government and Public Records laws, it must clearly include Casey Marie Anthony, who has no special rights outside of each and every one of us. The rules will not be rewritten.

My advice for the defense would be to take the "Crackers and Cocoa" argument up with the governor. That's an executive decision, not the court's. As for tinkering with Florida's statutes, that's up to the Legislature.

And for what goes in Casey's belly behind bars? Without a doubt, potential jurors are not going to remember whether Casey squandered her jail allowance away on nachos and bean dip or saltine crackers. No, not at all. What those jurors will ponder is whether she squandered her life away by murdering her child, and nothing more. Besides, what's so embarrassing about liking Doritos?

Texas Equitable

"My bus runneth over."

I can almost picture a sign like that hanging on the wall of a particular attorney's office.

Princeton University's WordNet describes equitable as fair to all parties as dictated by reason and conscience; "equitable treatment of all citizens". Three important words jump out at us - fair, reason, and conscience. I have come to believe that, during the course of two years, Casey Anthony's defense has been anything but that. A recurring theme continues to cling to the backs of our minds; who else will the defense throw under the bus?

When Casey Anthony forced the hand of an extremely fair and equitable judge, that being the Honorable Stan Strickland, it was unconscionable. What we caught was a real life glimpse, a puzzling ponderance, into the stupefying notions of her defense and what they would be capable of doing to anything that stands in their way, past, present and future, if necessary. Trust me, I felt the wrath, but in the end, it was nothing personal because this team has no conscience. The age old idiom flares its nostrils and cries it's a dog eat dog world, only in real life, some people are mutts; wolves in fox's clothing. Yes, the first to fall, but not from grace, was the judge, who is regarded as one of Florida's finest. Next came Roy Kronk, whose alleged dalliances have nothing to do with this case. Why attack a man's integrity? Why would this defense foolishly infer that he was capable of murdering Caylee Anthony? When that idea fell through the cracks, the defense moved on. After all, the bottom line was that Roy had all the evidence he needed to prove he had nothing to do with the toddler's death. Of course, we cannot leave Richard and Jesse Grund behind. The heavy tire tracks are still indented in their reputations, unscathed prior to this debacle. They haven't had a chance to scrape themselves up from the defense road to virtual perdition.

Now, we're faced with Tim Miller and Texas EquuSearch. A fierce and dedicated fighter who sought nothing more than closure and justice for Caylee's death, he, too, has come under the tread of Jose Baez's and J. Cheney Mason's tragic bus. Prior to Mason's entry into this case, the defense claimed that Casey was in jail when the body of the little girl was tossed away for vermin to devour. Therefore, she couldn't have done it. Dr. John Schultz, Professor of Anthropology at the University of Florida, concluded that the body had been placed in the woods off Suburban Drive before or soon after June 17th. Some of the evidence he examined to make this determination included the amount of decay on the bones, the scatter patterns of those bones from animal disturbances, leaf growth through the bags and the remains, and positive indications she was in those woods during heavy summer rains because of muck deposits on bones.

Those are the facts. What the defense will try to prove is that there's no proof Casey placed the corpse there. They will also dispute the findings of Schultz and Dr. Jan Garavaglia, the Orange/Osceola Medical Examiner, who concurs. No one saw Casey do it, therefore, it could be anyone else, including a searcher.

One thing that has captured my mind is this obsession with TES records. I understand it's the defense's responsibility to dig deep into all possible clues; to search for the, sometimes, elusive thread of hope, but I smell a set-up. The bus is rolling and looking for new victims; new lives to destroy in its path. Although gone, Todd Macaluso confidently declared a year ago that the body was placed there while Casey was incarcerated. Mason switched gears and said that no one entered the woods when TES searched the area in September of 2008. He acknowledged the area was flooded. This was a major revelation except for one thing – he didn't state that it couldn't have been anyone else who, in fact, did look on their own time and off the documented records kept by Tim Miller's group, almost 4,000 strong. It still begs the question, if no one from TES searched there in September, why the incessant need to examine all those records? Because the body could have been tossed in November or December by a TES straggler. Scrutiny is the key element.

The tack this defense is taking is not unusual. It will rely on discrediting the state's evidence, which is predominantly circumstantial. Call it mucking. All the defense has to do is debunk whatever it can, and never mount a credible attack based on their client's innocence. That's why they never looked for Zenaida Gonzalez. She doesn't exist and never did. Why seek what isn't there? Casey will never take the stand and she will never seek a plea. Why should she?

In my opinion, Baez & Company will scour over those records. Openly, Baez said, “We just want to be as thorough as we possibly can.” Behind closed doors, it may be another matter. When Chief Judge Belvin Perry granted the defense full access to those records with the stipulation that they not be allowed to publicize any private information about the searchers, it was a victory of sorts. Why? Because 4,000 people will have their cans of worms opened and the skeletons in their closets will be scrutinized beyond reproach.

What will stop this team from stretching out their arms and pointing fingers at several searchers as possible suspects fully capable of murder? Why couldn't it have been someone else, a real “Zenaida” who stole the girl and joined the search in order to hide her? Holy mackerel! The mother lode! If a Zenaida Gonzalez exists, it will be one from TES. Under an assumed name, of course.

In the final quarter of 2008, I was not healthy enough to help search for the missing toddler. Today, I'm almost glad, because I would now be one of the many names the defense team could target. Oh well, they're going to be going after people with criminal records and disgruntled ex-spouses. In my case, it's immaterial. In life, I try to be fair. I know how to reason, and I have a conscience. Just like Tim Miller and all those searchers, who only wanted to help. From the defense, all I'm smelling are exhaust fumes because my bus already came and went. Tim's is on its way. That's not very equitable, is it?

Texas EquuSearch is in dire need of donations.

Please help if you can...

TEXAS EQUUSEARCH

Blog Membership

Anyone can apply for membership, but remember, this isn't a real membership in the classical sense. All it does is let you bypass comment moderation. Your comments are published without any help from me. If you add $1.29 into the equation, you can buy yourself a cup of coffee at McDonald's and that's about it.

Speaking of money, there is no fee for this whatsoever. I have 250 Member Accounts available in this particular audience (as Squarespace calls it) and anyone can join until they run out.

What I will say is if you are just a reader (I hate the word lurker) you may not want to be a member. If you comment once in a blue moon, you might not, either. If you like to comment once in a while or quite often, you might be inclined to request one. The choice is yours. All I ask is that you respect it once you have it. In other words, stay as polite as possible. This is a step up in the blogging neighborhood. For me, at least.

As for how to apply, you can ask me here and I'll set it up. In this case, I will pick a login name and password. Do not place your e-mail address in your body copy. Write it in the "Author Email" box and I will see it. When you get your confirmation e-mail, you're a member and all you have to do is login under "Navigation" at the top left, below the banner.

If you prefer, send me an e-mail with the login name of your choice, the screen name you wish to use, and your password. I will set it up from there and you will get your Squarespace notification. There is a secure contact form at the lower left sidebar. You can use it for tips and ideas, too. Just in case, or if you prefer, my e-mail address is: marinadedave(at)yahoo(dot)com.   

Whatever method you choose, it's not something I would do anything with. You should choose a password unique to this site, and if you ever forget it, I can set you up with a new one. Once you login, you are free to change your name and password at any time. Remember, do not write a public comment with the information you should keep private. If you wish, you can create a free e-mail account for just this purpose because in order to receive the new account details, it must be a working address. 

I do have the option to open all commenting, but that means trolls will be all over this blog like buzzards on roadkill.

Thank you all for the tremendous outpouring of support in comments and e-mails. I look forward to getting back to business. We have a murder case to work on together. Thanks for hanging in with me, too. I really like my new Casa Blogga. It went from a house to a home because of you.

Another One Bites The Dust

"With regret, I am forced to resign as George and Cindy Anthony's attorney. The defense motion filed on Aug. 9, 2010, contains allegations that are not, in fact, true. As an officer of the court, I cannot stand idly by knowing allegations involving me have been misstated. I am now a witness to an inaccurate legal pleading filed in our court system. As such, I cannot continue in good conscience as a legal representative. George and Cindy Anthony have done nothing improper, it is the failure of the defense to verify the facts alleged in their motion that forces my withdrawal. I will continue to support the Anthonys, will continue to attend hearings and the eventual trial, and most importantly, I will continue to search for the full truth regarding the killing of Caylee Marie Anthony."

- Brad Conway wrote in his  letter of resignation

George and Cindy Anthony's attorney, Brad Conway, will no longer represent them. The move is a result of a motion filed by Jose Baez & Company in the never ending dispute with Texas EquuSearch.

First reported on the WESH-TV Web site, Conway appeared on the NBC Today Show to make his announcement. Regrettably, he said, he had to withdraw as the attorney for Casey's parents. On the network program, he claimed that the defense made false claims and he denied that he was granted full access to TES files. There were several misrepresentations, he added. He said he was given the same treatment as Baez and Cheney Mason regarding the roughly 4,000 pages of documents from TES volunteer searchers. Now, he feels he may be called as a witness for the defense. 

Brad Conway has been a good friend and trusted counsel to George and Cindy. I've had several talks with him and he's an all-around good guy. I understand the defense fighting for their client, but this is one more glitch in the case. This team of attorneys has taken out one of the best judges in the Ninth Circuit Court, and now, Brad Conway. Believe me, I know precisely how they sting.

There is much bad blood between the defense and Mark Nejame. To try to put things in some sort of perspective, New York City is big enough to handle lots of high-powered attorneys. Orlando is not. While Jose Baez is way out of their league, Cheney Mason and Mark NeJame are, next to John Morgan, two of the most powerful attorneys in this citified town we call Orlando. I am beginning to think there isn't enough room for both of them, and neither one is going to budge. Shades of Tombstone, this one may turn out to be a verbal gunfight in the courtroom. Call it the O'Casey Corral. Unfortunately, Brad Conway just got caught in the crossfire, and the bullets haven't even begun to fly yet. Who's next?

Until I'm Ready...

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Marinade Dave

Debbie Does Defense

When Cindy Anthony stepped down from the witness stand inside courtroom 23, the room fell silent. While she walked back to her seat in the gallery, the judge asked the defense if it had any more witnesses. This was supposed to be Debbie Polisano's time to take the stand, since she missed the first call, but she was still absent. She was Cindy's supervisor at Gentiva. Judge Perry asked the defense what time the subpoena stated to be available and Jose said 2:00 PM. It was now 3:48. Instead of becoming angered, the judge allowed Lee to take the stand. A deputy went out and called him in.

As Cindy sat down in her chair, Mallory gave her a very loving kiss on the lips while embracing her and offering much-needed support as she quietly whispered in her ear. Cindy was visibly shaking and in tears. Her face was somewhat red. These were real emotions. This was not something any mother - any grandmother - would want to experience to begin with, let alone relive. Silently, I watched her despair, taking notes on paper and in my head, trying to understand what must have bounced around in her brain like a roller coaster ready to jump the tracks. No matter what, as human beings, we must admit that this is not a ride any of us would wish for; one she will tell again and again in her mind and in the courtroom. Needless to say, I don't envy her or anyone in her family. It is a ride to hell.

I took note of George's straight ahead gaze, one completely void of emotion. It was one that spoke volumes about a man who didn't want a part of this theater. I can't say why he seemed so distant, but everyone seems to know; the letters his own daughter wrote that implicated him and his son of some strange sort of sexually perverse behavior, the differences of opinions within his family and some of his friends over this entire mess, and God knows what else. The list may be long, but all I realized, as I sat there, was that these people didn't deserve any of this. No, not at all. No one does.

Lee sat on the stand testifying in his own inimitable style. He has a tendency to laugh when the need arises. I don't know if it's a nervous thing or whether it hits him when he feels like someone is backing him into a corner. It could be his way of remaining uplifted during times when he should be down. Some may think it's quirky, and I would find it most difficult to conjure up if my sister sat in the hot seat, facing a possible penalty of death, but that's me. To him, it's quite possibly a mechanism that helps him cope; helps him get through some, otherwise, very tough times.

He spoke of his arrival at the house, after his father called him on the phone and asked to go home because he felt his mother would need his support. That showed me the concern of a parent. Something was wrong, alright, but I don't doubt that no one knew what would be in store. Caylee wasn't considered missing at the time. To George, Caylee AND Casey were nowhere to be found. Did Cindy ever alert him to the fact that their daughter always had excuses for not putting Caylee on the phone? She's napping. She's at Disney. SeaWorld. If anyone thinks the nanny story was weaved during the third 911 call, Richard Grund was told of her "existence" long before. He told OCSO Corporal Yuri Melich in September of 2008 that Casey had brought up Zenaida Gonzalez sometime between March - May of 2006. (See: Richard Grund Interview)

Lee testified that when he got to the house, no one was to be found. Later, Cindy and Casey came home and the two of them were far from smiling. Cindy was quite frustrated. Where is Caylee? What is wrong with you? She was getting nowhere fast, so she asked him to talk to her. He took over and tried to elicit information, to no avail, so he decided to take a different approach. In a "last-ditch effort" before law enforcement would come to the house to question her, he wanted to know why they couldn't go get Caylee. Plain and simple. End of story. We go get her and call it a night. That's when she blurted out that she hadn't seen her daughter in 31 days, but I seriously doubt she was counting. Up until the moment Cindy found Casey at Tony Lazzaro's apartment, guess who was out partying every night, way too busy to remember days of the week, let alone worry about her daughter's whereabouts? She knew right where she was.

At 4:20 PM, a half hour after he began, Lee Anthony was excused by Judge Perry. He then asked the defense if their next witness had arrived. It took a minute or two before Debbie Polisano was found and brought in. She seemed to me to be a rather reluctant witness, since it was approaching 4:30, and to be well over two hours late to a court hearing is something most people don't think of doing. After her testimony, it became more of a "what was this defense thinking" by the line of questioning. This was Cheney Mason's witness to collect information that would be positive. When he asked her how it started, she told him Cindy needed to take care of family matters after her husband called. She said she needed to do that, to go home and pick up the car.

He asked her if she had a conversation with Cindy when she returned. Yes. Do you recall what she told you? Yes. "That they both (George and Cindy) found the car at an impound lot, that it had been there for a while, that she didn't know, she wasn't able to get hold of Casey, and the car seat and the baby's doll and the backpack were in the car."

"Did she tell you anything else?"

"She told me there was a terrible, terrible odor in the car."

"I'm sorry?"

"She told me there was a terrible odor in the car."

This is where Cheney Mason should have stopped asking questions. Instead, he continued and the damage went from bad to worse. "Did she say anything that, uh, that her husband George had said to her?"

"I asked her if she had opened the trunk and she didn't answer, and then................................ she said that, that she felt that it smelled like a dead body."

"Did she tell you that's what George told her?" And this latest revelation of the defense now investigating George becomes more clear. Is he to blame? Is he someone worth discrediting? Should the defense throw him under the bus with the rest of us?

"That George told her?"

"Yes, her husband, George." The latest target.

"I know................................ She didn't say George told her. She said they both knew that."

"I'm sorry, she what?"

"She didn't say George told her that."

"Yes?"

"She just said that they both knew that."

There you have it. The shape of things to come. Damning testimony. Mason later stated in his argument that Cindy had a long time for reflection before she made the 911 calls, because she went back to work and had to be told by her superior and her superior's superior to go home. He said that Cindy still talks like Caylee is alive today. In the end, it mattered not what Mason or Baez had to say. The judge ruled that the tapes were admissible at trial because the defendant will have an opportunity to cross-examine the witness who made the statements during those calls. They were not hearsay. They were excited utterances made by a desperate woman who wanted nothing more at that time than to hold her grandchild again, her grandchild who was now missing. When she handed Casey the phone, it was the first time she spun her web of lies to law enforcement. What she was so good at doing, or so she thought, could not convince detectives that she'd go get her daughter the next morning. Sadly, a part of Cindy is still waiting for the tomorrow that will never come.

When Debbie Polisano was officially excused, she walked to the gate that separates the court from the gallery. I watched her like a hawk because I wanted to see if there would be any exchange between her and her former employee. I saw none. As she opened the gate to walk through, she turned away from the Anthonys, almost as if it was purposely done that way as some sort of personal affront. As she walked toward the doors, she stared straight forward, and I got the distinct impression that there was some sort of parting of ways somewhere along the pike. Of course, I could be reading more into it than necessary. She might have been nervous, but once again, there was a silence that befell the courtroom, and I looked at this day as an eerie omen of things to come. While both defense attorneys had their moments, they fell well short of convincing the judge that they based their claims on case law. Before the second break, the state proffered an example of case law. Judge Perry was well aware of it. At that moment, I knew how the judge was going to rule. He did his homework.

♦

During the second break, I had the opportunity to talk to Cheney Mason about that particular case law that Burdick and the judge mentioned, something called Lurch v. State. I suggested, because Judge Perry had familiarized himself with the case, he already made his decision and it wasn't favorable for the defense. I told him he did a good job in there. He just said, "We'll see," and he walked back into the courtroom. My intent was not to irritate him at all and it didn't. It was just a commentary. Seconds later, I ran into Jeff Ashton. I asked him why he was late. Not so much why he was late, I explained, but was it the plan all along to have Linda question Cindy because her tone might sound less intimidating? He said, absolutely not! That was how it panned out. It could have been either of them, or Frank George, I suppose. There was never a plan like that. There never is, he said. It doesn't work that way. I thanked him and returned to the courtroom. There was still a lot of work to be done. The OBJECTION TO RELEASE OF DOCUMENTS RELATED TO INTENDED DEFENSE REVIEW OF EVIDENCE was still on the docket du jour. The defense was granted that one. What those experts were doing in town last week is considered work product. In the end, it wasn't a fiasco for the defense, but those recordings are not going to help at trial. Neither is Debbie Polisano.

On a final note, Fusian Ultra Lounge, Casey's old stomping grounds, is no more. In it's place is Fifty Brews Bar and Grill. The initial count has them pegged at 74 beers.

“I still think Caylee’s alive."

I decided to leave the house early yesterday because this hearing was going to be a real doozie. We had Mark NeJame representing Texas EquuSearch, and testimony from Cindy and Lee. As Bob Kealing from WESH reported days earlier, it was the first time in over a year that the Anthony family would be in the same place at the same time. George was there to lend his support.

When I arrived at the courthouse, around 1:00 PM, I ran into Bob. We discussed the case and rode up the elevator together, along with his camera operator and several other people. Also accompanying Bob was an intern from UNCW. He finishes his internship soon, so it was good that he got to go to a very important hearing. I pretty much hung around with that crowd and had a good chat with other reporters and Red Huber, the award winning photographer with theOrlando Sentinel. I also had a very good conversation with a certain court administrator who set my mind at ease over false allegations made against me. I'll leave it at that, but needless to say, no one was able to frighten me into staying away from the courthouse, and no one was on the lookout for a fictitious "gun-toting impersonator of the law" with a beautiful bald head.

It was around 1:30 when a deputy opened the courtroom doors and and called out to all media people. I was invited in with the others. Soon, Jose Baez and Cheney Mason entered and began to settle into their stations. Jose nodded and greeted some of the reporters and then waved to me, saying, "Hello, Dave."

Of course, I returned the gesture.

Moments later, Cindy and George entered with Brad Conway. I was in the second row and Cindy called me by name and asked if I would mind moving back a row. Of course, I didn't mind. No matter what, testifying in court is never a fun thing and I certainly wanted her to be as comfortable as possible.

After about 5 minutes, the door was opened to the public and everyone filed in. I had arrived early because of the crowd I anticipated. The courtroom and gallery soon filled up with spectators, and many went up the stairs to the balcony. I chose to sit behind the defense because I was with a media friend who sat there, and also for another very good reason. I wanted to be up close and personal to the most important people there, aside from Casey and all of the attorneys, meaning prosecution and defense. Besides, I see nothing wrong with sitting wherever I choose, whether anyone likes it or not, and in order to get the feel and mood of people, what better way than being near? I have never been one to believe that the side one sits on in a courtroom is the stand one takes, and as a writer, I need to approach a story from all angles, not just one.

I wondered where Lee was and, presto, just like that, there he was. He shuffled into the row with his girlfriend, Mallory, in the lead. After they both hugged George and Cindy he took a seat next to his mother, with Mallory to his right, directly in front of me. No matter what people may think, I found her to be a fresh-face in the courtroom. By that, I mean she had a clean and wholesome All-American look.

At 1:53, Casey entered the room. Seven minutes later, like clockwork, Chief Judge Belvin Perry walked in and took his seat behind the bench. The first issue of the day dealt with the reconsideration of a prior ruling made by Judge Strickland pertaining to Texas EquuSearch records. Judge Perry announced that both sides would have 5 minutes to address the issue. Within seconds, Baez asked for and was granted a sidebar with the judge, NeJame, Mason and Linda Drane Burdick. Jeff Ashton was not present at this time. 12 minutes later, the sidebar broke up, the attorneys walked back to their respective stations and the judge announced that Mr. Baez had withdrawn the TES motion. He said that the defense could inspect the documents again, they could take notes, and a special magistrate, Jim Glatt, would oversee the task. There would be no deadline, but he expected it to be done by some time next week, and a hearing would be set thereafter. With that, NeJame was excused and the court moved to the next motion, the 911 calls made by Cindy precisely two years earlier.

On May 10 of this year, the court asked for a response to an order regarding the theory of admissibility of those 911 calls. Yesterday, Linda Drane Burdick opened the issue by saying it should be treated like a motion in limine or else go to trial and file an objection of admissibility at that time, which would delay the trial. To give you an idea of the complexity, we must first understand this motion in limine. It's a motion used by attorneys in civil or criminal cases to preclude prejudicial or objectionable evidence before it is seen or heard by a jury. The primary advantage of the in limine motion is to avoid the futile attempt of trying to undo harm done where jurors have been exposed to damaging evidence, even where later stricken by the court.¹

There were three people set to testify, Cindy, Lee and Debbie Polisano, who was Cindy's supervisor at Gentiva, where she was a nurse. Lee had come with his erstwhile attorney, Tom Luka. Cindy was called to the stand first. Debbie Polisano was no where in sight. While sitting close to Cindy, I could plainly see she was very nervous. As she walked toward the witness box, Lee was asked to leave the courtroom and not discuss the case with anyone. This is a standard procedure and it eliminates the possibility of contriving the same or similar testimony given by the first witness.

Jose Baez asked the first questions. Mostly, the conversation centered on what transpired the day that led to the calls, from learning of the car at the tow yard to calling Casey with no response to finally finding her to frantically calling police. It was a nerve wracking day. She said that she took her lunch hour to pick the car up with George after he called to let her know. They met at the house. She took $500 with her. George never told her about the smell until they returned with Casey's car. He said he had to drive with the windows down because it was like something had died - like a dead body, in the car. George needed to go to work and Cindy took a few things out of the car to air out in the yard. She threw a pair of Casey's slacks in the washer and returned to work. She said that she didn't say anything to anyone at work about the smell of death, but did discuss the problem with her supervisor, Debbie Polisano, who was still nowhere to be found.

When she returned home around 6:00 PM, she took the slacks out of the washer and placed them in the dryer. She then went back to the car and again noticed the smell while removing dolls belonging to Caylee, and a bag. She put them in the back yard, too. This is when she found copies of Amy Huizenga's resumé. After calling Casey with no reply, she called Amy, who was at the Florida Mall. Meanwhile, George phoned Lee and asked him to go home to help his mother, as she attempted to locate his sister. Without going into all of the details, which we practically know by heart now, let's just go straight to the 911 calls. The first one came at 8:09 PM as Cindy pulled into Orlando PD's Southeast Community Police Office (SECPO) on Pershing Avenue. Unknown to her was that the office closed at 5:00 PM and it was now over three hours later. She told the dispatcher that Casey had stolen money and the car, but the car had been found. Casey sat next to her mother. Since it was not an emergency, she drove home and was instructed to call OCSO because it was out of Orlando's jurisdiction. This is because the Hopespring neighborhood off Chickasaw Trail is in an unincorporated area of the city and falls under county control.

Lee was waiting inside the house. The three of them conversed and during that time, Lee told his mother that he had smelled the car as he walked in the garage. The second 911 call was made around 8:44 PM, and Cindy testified that the dispatcher was lackadaisical about her claims and found it to be a non-urgent event. At this time, she was not aware that Caylee was missing. Meanwhile, Lee began talking to his sister about the situation. This is the conversation Cindy overheard that brought about the third 911 call at 9:41 PM. Casey hadn't seen her daughter in 31 days, she was abducted by a nanny named Zanny and Cindy was panicking fast.  Lee later testified that his mother pounded Casey's bed and screamed, "What have you done???!!!"

During this 911 call, Cindy testified yesterday that she did it out of desperation in order to force the police to arrive at the house faster. She said she had never smelled a decomposing body in a car before. Rotting and burned flesh, yes, but not from anyone expiring in a hospital or in the morgue, where bodies are refrigerated. She said she never put two and two together. She never felt that Caylee was the cause of the smell in the car.

When Linda Drane Burdick cross examined, she cited pages and sections from prior interviews; what she said during depositions with Corporals Eric Edwards and Yuri Melich, and FBI Special Agent Scott Bowen. Some of it didn't seem to line up with what she had just said. Suddenly, there were more instances of "I don't remember" than during the defense's more friendly engagement with her. She reiterated that she didn't connect Caylee with the smell. Burdick handed Cindy copies of the 911 transcripts in an attempt to refresh her memory and force her hand. (Jeff Ashton arrives at 3:13) Cindy knew that Casey had told Lee that they had to wait until the next day to pick up Caylee and this is when the 31 days came into the conversation that shocked Cindy. Burdick maintained that none of the three 911 calls were premeditated, particularly the last one, and that's what made it an excited utterance as opposed to hearsay. To make this clear, an excited utterance is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. (See: Hearsay Exemptions if Witness is Able to Testify)

We took a 10 minute break at this time. While out in the hall talking to someone, Jose Baez passed by me on his way to the men's room. He patted me on my shoulder and I asked him one quick question. "Are you a baseball fan?"

"I LOVE IT!" he exclaimed, and continued on. It was just something I knew in my gut, it wasn't really important, but it does show he's got a life outside of this case.

When court resumed, Jose came back to rebut. Cindy made it clear that she wanted police to continue looking for a live Caylee, and that she made statements to law enforcement to force them to continue searching for her granddaughter. It was at this time she said, "I still think Caylee's alive."

A minute later, she was excused and Debbie Polisano was called. She was still not at the courthouse. The judge reminded the defense she was subpoenaed to testify and the subpoena stated 2:00 PM. Instead of getting angry, the judge shifted to Lee, who was outside awaiting his call. It was now 3:48 PM.

Here is where I will end it for the day. There's plenty more, but over the weekend, I want to explain more of the dynamics in the courtroom - family, attorney interactions and some of the people sitting in the gallery. I will also go more into why the 911 calls were allowed. There is something else. I have been saying all along that I felt Cindy was (and remains to this day) in denial. This is something that has been so difficult to absorb, I don't think any of us know how we would react if handed the same set of circumstances. Would any of us come out unscathed? I'm not making any excuses, but sitting where I did, I could see clearer than a TV screen, HD or not.

Leaving on a jet plane

Cause I'm leavin' on a jet plane
Don't know when I'll be back again

- John Denver

We've all heard the philosophical riddle, "If a tree falls in the forest and no one is around to hear it, does it make a sound?" This sort of conundrum raises questions regarding observation and knowledge of reality, with knowledge being a key word, because, at the same time, we can ask how we know the tree fell if no one was around to witness it. Suddenly, the philosophical riddle becomes more of a perplexing puzzle. That's the way I look at the latest motion filed by Casey's defense, the OBJECTION TO RELEASE OF DOCUMENTS RELATED TO INTENDED DEFENSE REVIEW OF EVIDENCE. If the media doesn't get a chance to fully question the experts about yesterday and today, do we know for sure that the Field of Dreamers actually examined the evidence? Without further digression, if we take a look at the motion itself, on the surface it may look ordinary, but it's not. To explain, let's start by looking at some of the key points noted in the document.

Page 1

5. This case is a criminal case that carries on in its investigation stages.

Of course it does. So does every other criminal case throughout the land. An investigation can continue until the bitter end, when the state and defense rest. So what's the point? What does that statement tell us the court doesn't already know? Nothing.

Page 2

6. The reviewing of documents and/or tangible evidence related thereto by the defense should not be publicized and disseminated by the news media. This is a case of the state of Florida versus Casey Anthony; this is not a case of the news media and John Q. Public.

Aha! It didn't take long to get to the meat of the motion. What the defense is saying, as Mr. Mason has stated in the past, it is no one's business. This is a capital murder case and the public doesn't have the right to know. Basically, the defense wants to muzzle the media. It's called a gag order. If the defense wishes to put a wall up between the court and the media, why not just file a motion to suppress, restricting information or comments from being made public? That's not what this motion is asking.

8. Defense submits that at some point this Court must recognize the superior rights and entitlements under Constitutional Amendments other than the First Amendment. The news media can report on any and all evidence or proceedings that occur in court at the time of trial.

To be real, this is like sequestering the entire court - prosecution and defense included. Keep the media away from everything until the trial is underway. While I can sympathize with the defense, it's too far fetched and completely unrealistic. This would mean locking the courtroom doors to everyone, because nothing would stop John Q. Public from running to the media as soon as a hearing is over. When I said sympathize, I can understand the frustration the defense feels from some of the reports filed by media outlets. They're not always accurate and they never admit their mistakes. At the same time, we do have a Constitution that protects freedom of speech, and Casey's defense cannot undo that. We also have an open Government in the Sunshine law in the state of Florida, which means government meetings and proceedings are accessible to the public, and the last time I checked, the court system is still a part of the government.

Here's a list of the Constitutional Amendments. Do any of them apply in the motion's argument?

• Amendment 1 - Freedom of Religion, Press, Expression
• Amendment 2 - Right to Bear Arms
• Amendment 3 - Quartering of Soldiers
• Amendment 4 - Search and Seizure
• Amendment 5 - Trial and Punishment, Compensation for Takings

Amendment 5 states that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury." Been there, done that.

• Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses

Casey's defense waived her Right to a Speedy Trial a long time ago.

• Amendment 7 - Trial by Jury in Civil Cases
• Amendment 8 - Cruel and Unusual Punishment
• Amendment 9 - Construction of Constitution
• Amendment 10 - Powers of the States and People
• Amendment 11 - Judicial Limits

"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." This one means that federal courts have the authority to hear cases in law and equity brought by private citizens against states. It has no bearing on Casey.

• Amendment 12 - Choosing the President, Vice President
• Amendment 13 - Slavery Abolished
• Amendment 14 - Citizenship Rights

"... nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Again, the last time I checked, Casey is still living proof that due process of law has not been deprived.

• Amendment 15 - Race No Bar to Vote
• Amendment 16 - Status of Income Tax Clarified
• Amendment 17 - Senators Elected by Popular Vote
• Amendment 18 - Liquor Abolished
• Amendment 19 - Women's Suffrage
• Amendment 20 - Presidential, Congressional Terms
• Amendment 21 - Amendment 18 Repealed
• Amendment 22 - Presidential Term Limits
• Amendment 23 - Presidential Vote for District of Columbia
• Amendment 24 - Poll Taxes Barred
• Amendment 25 - Presidential Disability and Succession
• Amendment 26 - Voting Age Set to 18 Years
• Amendment 27 - Limiting Changes to Congressional Pay

There's a brief summary of the amendments that could be associated with the motion, but I see none that usurp the First Amendment, which mandates that no law can abridge "the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Let's continue on Page 2

9. To allow the news media to continue to have what has turned out to be, in many instances, "first look" at evidence, publicize otherwise uninformed speculation and conclusions about the evidence, utilizing "talking head" lawyers who have neither the experience, knowledge, or predicates for their public comments, promises to continue to infuse this case with public bias, prejudice, misunderstanding, and error.

This one is bothersome. If I recall, OJ Simpson went on trial and we, the public, learned an awful lot from the media. The nation was still split over his guilt, and legal pundits didn't do much to change the outcome, did they? I'm sure, if you look at the "talking head" attorneys the motion notes, and let's just stick with the local ones, Richard Hornsby, Bill Sheaffer and John Jay would strongly disagree. They are experienced, knowledgeable, and qualified to make assertions in this case. As a matter of fact, if I were an attorney, I'd be downright offended. On the public front, people like to study and learn, George Orwell died long ago, 1984 came and went, and no one has the right to tell any of us what we can read, write, listen to, and see. And we are still free to make our own assumptions.

10. The news media is not going to be allowed to view or see any of the evidence to be inspected; they are not going to be allowed to observe the inspection; at best, they will be able to see the arrival and departure of counsel and witnesses, thus, any reporting about the process would be nothing but imaginative speculation, and purportedly could have no reasonable journalistic value.

This is an arguable point. We, most likely, have seen images and documents of the evidence. We just don't have a concise and itemized list yet of what the defense asked to see. Will we get to see the list? That's what this motion is about. Will the video of the inspection be revealed? That, too, is a matter for the court to decide. Media outlets say yes; the defense says no. We shall see. As for journalistic value, this entire case has been a study in it, and it will continue until the very end.

Page 3

11. Your undersigned submits that at some point a balancing of the First Amendment Rights to report must be had against the eminently more important rights of the defense to effective assistance of counsel, due process, and equal protection. The media will be able to observe all phases of the trial that are on the record and do their reporting from then.

WHEREFORE, the Defendant prays this Court consider the foregoing, exercise its inherent supervisory powers, and deny the release of the documents by which the defense and prosecution have agreed to be an evidence inspection.

I am of the opinion that this motion is J. Cheney Mason's all the way. What I read is precisely the way I hear him in the courtroom; the same mannerisms, the same innuendos, the same language. In fact, his signature on the motion sits atop Jose Baez's, which generally means it came out of his office. I understand the frustration of the defense. After all, every defense attorney must cope with the media, and in this case, publishing the list could tip the hat regarding strategy, but the most important part of keeping strategy under wraps is to deny the prosecution this information, not the media. With this knowledge, the media will inform the public more uniformly and with greater accuracy.

Let's backtrack to page 2

7. The news media have, generally, spent nearly the past two years reaping benefits of their own imagination and reporting of matters both accurate and grossly inaccurate. All of such actions have resulted in causing this case to have to bear the extraordinary expense of a change of venue and bringing jurors from an undisclosed location in this state to be sequestered throughout the trial proceedings.

The defense would be better served if media outlets continue to have access to public records regarding this and all cases. To challenge it means that we would be less accurate, as I said, and in all honesty and practicality, no one is going to stop writing about Casey Anthony until the end, whenever it may be. This is part of the American psyche and it will remain a part of history for centuries to come. In the meantime, nothing can take away our inherent thirst for knowledge.

This defense would also be better served if it stopped holding impromptu press conferences at the end of each hearing for one reason and one reason alone: How can it shut the press up while it continues to inform them? This is no ordinary juxtaposition, this is hypocrisy. The left hand is doing one thing while the right hand is doing the opposite. It's perplexing, to say the least.

There is nothing in this motion that cites case law. There are no valid arguments. This is a matter of state law, and the law is abundantly clear as written in the Florida Constitution. By filing this motion with the judge instead of through the Clerk of Courts office while the judge was on vacation, Cheney Mason knew exactly what he was doing. Anyone could have predicted it. In my opinion, it was nothing more than a stall tactic. Does the defense really expect to win this one? I don't think so, but it was a smart maneuver. What the motion gains is this: It gives the experts time to leave on jet planes before the media can come after them with precise questions. They'll be long gone before the receipts are released to the public. Gone, yes, but not forgotten. Speaking of which, how ironic is it that exactly two years from the date of those 911 calls, July 15, 2008, those same calls will be argued in court? As Judge Strickland wrote in his dismissal order, "Indeed. The irony is rich."

What dreams may come

Today is the day that Casey Anthony's Team of Dreamers rolls into town to inspect evidence the defense hand selected. Judge Belvin Perry had set a deadline date of last Thursday to give the prosecution and the Orange County Sheriff's Office their wish list of evidence it wants to see. Interestingly, B&M (Jose Baez and Cheney Mason) bypassed the Orange County Clerk of Courts and turned this list of receipts over to Judge Perry's office. The judge was on vacation last week and the defense must have been aware of that fact. What it expected to gain by the maneuver is somewhat of a mystery, but the odds on bet is on keeping the receipts away from public inspection. Both the prosecution and defense have until 4:00 PM today to file motions if they are opposed to the release. The chances the prosecution would file a motion like this are out of the park, and if the defense does, bet the farm league that this will be one more motion it loses. The list will become another part of the public record.

Let's take a look at the Team of Dreamers as they find their way to Orlando and the Orange County Sheriff's Office on west Colonial Drive. In honor of tonight's MLB All-Star Game, let's call them the Field of Dreamers who are coming to bat for Casey. Judge Perry will be the umpire.

Play Ball!

The SAOs have home field advantage. Part of the visiting team, the B&Ms, has arrived, and on first base, we have Dr. Henry Lee, the famed criminologist/pathologist who covered the bag during the OJ Simpson trial. According to his Web site profile, he is "Chief Emeritus of the Connecticut State Police, Founder and Professor of the Forensic Science Program at the University of New Haven, Editor of Seven Academic Journals, author/ co-author of 30 books and over 300 articles."

His biography states that, "Dr. Lee’s testimony figured prominently in the O. J. Simpson trial, and in convictions of the “Woodchipper” murderer as well as hundreds of other murder cases. Dr. Lee has assisted local and state police in their investigations of other famous crimes, such as the murder of Jon Benet Ramsey in Boulder, Colorado, the 1993 suicide of White House Counsel Vincent Foster, and the reinvestigation of the Kennedy assassination."¹

Playing second is Nicholas Petraco, an associate professor of chemistry and forensic science at John Jay College of Criminal Justice in New York City. Coincidentally, that's the same school where Dr. Lee earned his Bachelor of Science degree in Forensic Science way back in 1972. According to a fellow John Jay professor, Thomas Kubic, a co-author with Petraco on crime scene investigation books, the forensic expert has spent a lot of time in the NYPD's crime lab peering through microscopes and spectrophotometers to find fibers and trace evidence the human eye cannot detect. The former police detective is now "teaching physical chemistry I (classical equilibrium thermodynamics), physical chemistry II (quantum mechanics and theoretical spectroscopy), computational quantum chemistry and general introductory chemistry. Conducting research into the application of statistical pattern recognition to physical evidence in forensic science. Also conducting research on the application of quantum chemistry to forensically important molecules."² In other words, this man is no second-string ballplayer.

At third, we have Dr. Tim Huntington, an assistant professor at Concordia University, Nebraska, and a board-certified entomologist. I guess you could say that he should be playing in the outfield since his expertise is in going after fly balls, but as a forensic expert in the world series of bugs, he studies insects and other arthropod biology as they apply in criminal matters. Usually associated with death investigations, he may be able to establish Caylee's time of death - from a defense standpoint - and whether any drugs or poisons were present. He may add evidence regarding whether any post-mortem movement occurred. This is very important.

According to his Concordia Bio, "Professor Huntington is one of 15 board certified forensic entomologists, and is a forensic entomology consultant for several law enforcement agencies. He has consulted on more than fifty death investigations spanning seven states and four countries, and is a member of the American Board of Forensic Entomology, American Academy of Forensic Sciences, Entomological Society of America, North American Forensic Entomology Association, and Nebraska Chapter of the International Association for Identification. In 2007 he was awarded the Young Alumnus of the Year Award by Concordia."³

Playing shortstop is a tag team of Dutch forensic scientists,Richard and Selma Eikelenboom, who are well-known for pioneering the field of Touch DNA. Touch DNA was so named because it analyzes microscopic skin cells left when an assailant touches a victim, a weapon, or something else found at a crime scene. It's been around for about seven years and it was the technology that cleared JonBenet Ramsey's family of her murder. Boulder police had wrongly suspected her parents. The Eikelenbooms identified full DNA profiles from parts of her clothing where the perpetrator grabbed hold of her. In another crime, with Richard and Selma's help, Touch DNA was crucial in having the murder conviction of Tim Masters thrown out. Masters became the first convict in Colorado to be exonerated due to DNA evidence, but it was actually the absence of his DNA on the victim's body that cleared him. (See also:48 Hours: Drawn to Murder)

Well, there you have it. Here's part of the line-up for the thrilling game that will be underway next season. In the field of forensics, these four came with one intent - to strike the state out. On the mound is team captain, Jose Baez. Catching is the guy with bad knees, Mr. Cheney Mason, himself. The rest of the field will follow. Until then, is this really a Dream Team, or are they playing out in left field somewhere?

♦

In Memory Of New York Yankees Owner

George Steinbrenner

July 4, 1930 – July 13, 2010

GO YANKEES!

POOF! Into thin air

"Polly was taken inside of her bedroom. A little girl named Amber Dubois was taken out in front her school last February. Children can be, unfortunately, snatched anywhere."

- Marc Klaas, on Larry King Live last night

In an odd twist, Kyron Horman's father filed for divorce from his stepmother yesterday in Multnomah County Circuit Court. It includes a restraining order. The filing listed Kaine Horman as the petitioner and Terri Moulton Horman as the respondent. KATU also reported that, "The source said the restraining order is a physical restraining order that is meant to protect the couple’s 18-month-old daughter, Kiara."

Read the Horman divorce papers

Kyron's father, biological mother and stepfather issued a statement yesterday. Noticeably absent was his stepmother's signature:

"We have been fully briefed by law enforcement on the on-going criminal investigation. We are in complete support of that investigation. We have asked the Multnomah County Sheriff’s Office to facilitate releasing this statement for us due to their access to the media/flash news.

We understand that we have free access to the media but are limiting statements to the media to keep the integrity of the investigation intact.

Any actions taken by the investigation, or by us, are based on the best interests of Kyron and Kiara and comply with the law. Beyond this, we have no comment on the matter.

Desiree, Tony and Kaine"

Since Kyron disappeared from his school on June 4, police have said that Terri is the last known person to see him alive. After a massive search turned up nothing, the Multnomah County sheriff's office labelled the case a criminal investigation.

Last night, Sheriff's spokeswoman Lt. Mary Lindstrand said her office is "not talking about personal issues going on with the Hormans." In other words, the divorce papers mean nothing to them. Although speculation has mounted in recent weeks that Kyron's stepmother might know more about his disappearance than she had initially let on, Lindstrand said Terri Horman is neither a person of interest, nor a suspect.

Meanwhile, her father is staying at her house to lend a hand and to give her much needed support.

Former Multnomah County Deputy District Attorney Jim McIntyre had a few things to say about the investigation.

"The probabilities are that it’s somebody close in – and when I say that I don’t mean immediate family members, I mean that it’s somebody that may or may not know Kyron or know the routine.  It’s usually someone closer in but closer in can include a retail store clerk that sees him all the time that decided to do something," McIntyre stated. He said that maintaining a lead on the right suspect is a key ingredient. "You don’t want to put the investigators off on the track that could be an erroneous track because then the individual who actually committed the offense is gaining time."

McIntyre also warned about the problems associated with joining public opinion. "Jumping on the bandwagon of who the public thinks did it is often a huge mistake," he said. Pointing fingers at the family usually causes them to shut down.

"It’s easy for family members to begin to believe that they’ve become targets when perhaps they’re really just trying to eliminate [the family] and they’re can be a natural friction that can develop and you saw that historically in theJonBenet case which still remains unsolved and that case slipped sideways between law enforcement and the family."

Terri Horman's white truck being impounded twice and the recent questionnaire sent out, McIntyre concluded, "You have to go back to who is the last person who was with Kyron, who was the last person to see Kyron. What was Kyron’s regular schedule and where would he have been.  What was the likelihood of people having contact with him."

On Larry King Live last night, Marc Klaas of the Klaas Kids Foundationsaid, "As I understand it, he does. Let me clarify a couple things. First of all, it's a very rural community. It's a rural school. There are about 300 people at the school. What happened that day, according to her own words, as she was walking the little boy to his class and was very close to the class when the bell rang at 8:45 a.m. She then told him - he told her, mom, excuse me, I'm going the classroom now. She said she waved to him and that was the last time she saw the little boy.

"The problem with that statement is that if she was walking with him, she would have kissed him or rubbed his head or something. Waving doesn't make a lot of sense if you're close to the classroom. So she then turned and went away. One of two things happened, I believe. Number one, she is involved. That's where the numbers take you. That's where the facts as we know them take you. The second possibility is a very high risk snatch by a local pedophile."

The problem with Terri's story is the relative lack of time. If she was walking Kyron to his classroom, he would have been merely seconds away from the door. Had she turned around to leave, how much time would there have been for someone to grab him and run out of the building? Why didn't anyone see a perpetrator? Klaas added, "And I think the best thing to yell is you're not my mom, you're not my dad. Under no circumstances, if a child has any kind an option, you never, ever go with the bad man."

Although the sheriff's office states that Terri Moulton Horman is not even a person of interest, how could someone enter a school undetected and, in a matter of seconds and perfect timing, leave with a young child in tow? This is a far cry from the 31 days Casey claimed, but it becomes more believable if we factor in the entire school day. Remember, he wasn't reported missing until he failed to get off the afternoon bus.

Creepy Cryptic Casey, Part 2 Revisited

This is an article I wrote and published 12 August 2009. Because someone sent a printed copy to Casey at the jail and it was released in the discovery documents yesterday, I decided it might be worth another look. You will find it HERE. You need to go to page 177-179 to view the scanned pages. Thanks, Snoopy. She’s the one who found it last night and alerted me.

Also, bear in mind that we know more today than we did last August. Some people don’t believe Casey was smart enough to conjure up a scheme like this. Others believe she was. I just presented some rather odd coincidences. Some people believe in them and others don’t. This is for you to discern.

At the bottom of this post are 2 videos titled Driving Miss Casey. I had to break it into 2 parts because of size limits on YouTube. In a nutshell, I took a ride down Chickasaw Trail to Hopespring and Suburban Drives. Included are a real time trip from the Anthony house to the woods, a real time trip from the end of Hopespring to the abandoned house the PIs scoped out, a trip to Lee’s old place, and the famous Amscot parking lot with a bonus shot of the dumpster. You can read the article first or last, but I really do want you to read it because it should prove to be thought provoking.

CREEPY CRYPTIC CASEY, PART 2

In January of this year [2009] I wrote an article titled, Creepy Cryptic Casey. It was there that I mentioned the two dwellings at the corner of Suburban and Hopespring Drives. The last two lots on the east side of Hopespring are numbered 4709 and 4701, respectively. In the house next to the end lives Zenaida Almodovar. In the corner lot lives Peter Gonzalez. Some could safely surmise that by combining parts of the two names you come up with Zenaida Gonzalez. Is this merely a coincidence or is there more to it?

Images can be enlarged by clicking them

In that January article, I wrote, “Some people love to play mind games. They bask in the unfounded superiority they feel they have over you. They love to tell riddles. Casey was good at that.” I continued by including something she said to Lee in response to one of his questions:

LEE: What do you think, where do you think. You think Caylee’s ok right now?

CASEY: My gut feeling? As mom asked me yesterday and even Jose asked me last night, the psychologist asked me this morning that I got through the court, um in my gut she’s still ok. And it still feels like she’s close to home.

What was most unusual about Casey’s statement was that she was absolutely right. Caylee was very close to home as we later found out, and it is here that I am going to expand on those words by showing you evidence that could, quite possibly, shed more light on why the state of Florida charged her with premeditated first-degree murder. As puzzling as Casey tried to be, did she hand out clues and truisms at the time of her initial oral and written statements to investigators? Was she telling the truth? In some cases, I allege that she was absolutely telling the truth.

On her first written statement to law enforcement, dated July 16, 2008, she said something that appears to have come from her mother. Cindy told her (and deputies) that she hadn’t seen Caylee since June 9. Casey wrote the same thing on her statement. She also wrote that she hadn’t seen her daughter in 31 days. Obviously, June 9 to July 15 add up to more than 31 days and later the confusion over the date was remedied by the Father’s Day video taken on June 15. What is extremely interesting and telling to me is one thing she wrote in particular…

“… between 9am and 1pm…”

Could that be true? Oh, I’m not talking about the time George said he saw them leave the house together on June 16. I’m looking at the time Casey wrote, between 9 and 1. Take a good look at where Caylee’s body was found:

Caylee’s body was found behind Zenaida’s and Gonzalez’s properties by meter reader, Roy Kronk. Look at the two addresses again:

4709

4701

Casey kept insisting that Zenaida Gonzalez had her. What are the two house numbers and who lives there? Where was Caylee found?Between 9 and 1. Incidentally, this information, like the Zenaida MySpace page, was right under our noses all along, and it came from akfhome27 when she left a comment on my YouTube video of Suburban Drive. The video can also be viewed on my blog.

Are those nothing more than mere coincidences that can readily be shrugged off? One could easily think so, except I have one more thing to show you. This one came to me by way of Laura, a frequent contributor here. Wait until you get a load of this…

Laura Googled 8905 Suburban Drive and this is what she came up with…

At first glance, it really seems innocuous enough, but look at that number again. 8905. Wasn’t Caylee’s birthday on Sunday, August 9? Wasn’t she born in 2005? Isn’t that 8/9/05? Isn’t that where the body was found?

Driving Miss Casey Part 1 (YouTube link)

Driving Miss Casey Part 2 (YouTube link)

Hot off the grill...

It's been almost two years since my friend Rick died. He drank himself to death. No matter how much I tried to rescue him from the bottle, he wanted no help, and in the end, it was alcohol that pushed him to an early grave. Years earlier, Rick ran an NCAA Basketball Tournament betting sheet where you pick 32 of the 64 team field, eliminating each bracket until only 2 teams remain to play the championship game. In this particular bet, there were two winners to split the pot. I was one of them. When it came time to collect, Rick made every excuse in the book. He forgot to bring the money. He forgot where he put it. After several weeks of this, I hit him with the truth, "You don't have the money. You spent it on booze."

Yup, he wasted money that didn't belong to him. Such is the life of an alcoholic. Of course, we now know where Todd Macaluso stands in the legal community after stepping down from Casey's defense team for writing worthless checks from a client’s trust account. It reminded me so much of Rick. I'm glad Todd entered the Alternative Discipline Program, which addresses the substance abuse and mental health problems of attorneys when disciplinary action is taken in the California State Bar Court.

304 days ago, Todd Macaluso stood before the Ninth Circuit Court of Florida, in front of Judge Stan Strickland, and made this blanket statement:

“There is substantial evidence that we’ve found … that the body or remains of Caylee Anthony were placed there after Casey Anthony was locked up. It proves that somebody else placed the remains in the area.”

For ten months, we were led to believe this would be the tack the defense would take at trial, based on statements made by TES searchers, off-record, who said the land where Caylee was found three months later was not flooded in September when they searched. What made this so senseless was the undisputed fact regarding summer weather in Central Florida. Roy Kronk said under oath that the woods were too flooded to enter in mid-August of 2008. Soon after he reported his sighting, T.S. Fay rolled into town, adding over 12" of rain to an already flooded and low-lying location. Come September, no one could go in there to search, and TES leader Tim Miller instructed his teams to keep away from areas under water; that it may destroy evidence.

I believe Cheney Mason was smart enough to recognize that, because yesterday, he did an abrupt about-face. Huh? What's this all about? In a post-hearing press conference, Mason said:

"They did not search the exact areas where the body was found. So everything they said before that is not relevant."

Did Brother Cheney speak out of school? Is he spanking the numero uno defense attorney, Jose Baez, by taking the lead, or is it part of an orchestrated effort because of one simple truth - the area was too flooded to search and the State has the proof to back it up? I think the answer is yes. The area WAS flooded and the statement of Macaluso past must be erased from the memory bank of future defense maneuvers. Of course, we won't discuss plant and insect forensic evidence at the moment. That comes later.

On July 16 of 2009, Jose Baez and Andrea D. Lyon filed two motions. One was to certify Tim Miller as a material witness and/or to subpoena him for documents in the possession of TES. The motion makes several claims:

1. "This area [8750 block of Suburban Drive] was searched by several individuals, including Orange County law enforcement and TES volunteers, between July and December 2008."
2. "Several searchers have made statements to Orange County law enforcement and to the media stating either that they searched the 8750 block of Suburban Drive with TES, or they encountered TES searchers in that area."
3. "... that Orange County law enforcement provided TES with documents identifying the area in question as an area of interest; that witnesses have made various statements (including in a sworn interview) to the effect that they searched the area in question on behalf of TES or saw TES searchers in that area..."

In another defense motion filed November 23 of 2009, the defense had this to say:

"The Defense, through its own independent investigation, has interviewed several TES searchers who not only searched the area where the remains were found, but who were not among the thirty-two (32) identified by TES."

This was the now famous motion containing the statements of Joseph Jordanand Laura Buchanan, in which the bold claim was made that:

"The signed statements from Joe Jordan and Laura Buchanan, included with this Memorandum of Law, indicate that there were several people who searched the Suburban Drive neighborhood but were not among the thirty-two (32) names disclosed by TES.

Why did the defense decide to run diametrically opposed to previous statements and motions? Clearly, this is something Cheney Mason conjured up because Jose Baez and Andrea Lyon filed motions that are contrary to this new revelation. They are also motions this defense did not win, and there lies the crux. Since this didn't work, let's try something else. Gone with the old, in with the new, and most certainly, Mason is not naive to the ins and outs of criminal defense strategies. Here's the brand new slant:

“What do you have that shows she was not there in June?” WFTV reporter Kathi Belich asked him.

“That's when Caylee was missing. We don't know when she disappeared,” he replied.

AHA! The linguistic switch! No one knows when Caylee disappeared. As President Clinton once responded, "It all depends on what your definition of isis," there are discrepancies in the meanings of missing and disappearing. I guess we could establish the fact that my keys may be missing if I lost them, but they certainly didn't disappear because they would have to be where I left them, unless, of course, they were taken by someone else. Then, they would have disappeared and they are missing. Got that? You see, it's all in the semantics. Instead of admitting it can't win the flooding argument, the defense concedes by manipulating the verbiage. What it will attempt to prove in court is that Casey lost Caylee, but she didn't disappear. It was precisely like losing a set of keys, only she wasn't where Casey last left her. Let's see... was that at Sawgrass, or was it at Jay Blanchard Park? Oh. She lost her at Sawgrass, but she disappeared from Blanchard. Today, Casey misses her more than anything else. Gotcha!

No matter what twist the defense tries, the prosecution is going to present evidence that shows Casey never lost her. She never went missing or disappeared in her mind because she knew exactly where she left her all along; in the woods on the southern side of Suburban Drive, 8750 block. What interests me now is one simple question about why the defense still needs those TES documents. If Cheney Mason has concluded that no one searched in those woods, what difference should it make? Has someone else, another TES member or an independent searcher, stepped forward; someone who looked inside at an earlier or later date when the ground was dry enough? Or is there a slim possibility that a searcher joined the TES team in order to conveniently dispose of a body? If that's the defense plan, then I could almost justify wanting to go through those records, especially now that Roy Kronk is no longer under a defense microscope as a suspect, as Cheney said. That's whole different story, too.

Whatever it is, it's a pickle. When Judge Belvin Perry denied the defense access to the illegal tape recording made by Joe Jordan, Mason knew it would have to shift gears. Jordan's defense statement was unreliable and would hold no credibility in court. Would Laura Buchanan's words be enough? I doubt it, but hopefully, we'll know more answers after the July 15 hearing, when the issue of TES records is heard, or by August 31, when the defense must present its list of witnesses. Most likely, what Mason uttered yesterday is just a new way to create an element of doubt; another soft-shoe shuffle. Personally, I think it's nothing more than hot air, something Mason and the summer months of Florida are famous for. And, they're all wet.