Quiet Observations, FOR CRYING OUT LOUD!

“There is no reason for a 2-year-old child to decompose in a field in a plastic bag with duct tape over its face.”

“I don’t understand people who think Elvis is still alive. I don’t understand people who think we never landed on the moon. I don’t get those people. So I don’t get these people [the jury] either.”

— Dr. Jan Garavaglia, on Sunday night’s program on TLC, The Learning Channel

Yes, I watched it, and yes, it was exceptionally well done, but did I learn anything new? Not much, really. It served to reiterate and fortify the state of Florida’s substantive and well grounded claims made against the mother of Caylee Marie Anthony, charged with her murder and found not guilty by a jury of her peers. I think, mostly, it allowed Dr. G to get some things off her chest. In the end, Caylee’s death was a homicide, regardless of the end result, and it tore at the very fabric of the Orange-Osceola chief medical examiner. This is a case that will forever haunt everyone involved, especially law enforcement, investigators on all levels, and prosecutors, who spent countless hours going to bat for Caylee. Yes, us, too.

God knows we’ve had countless what ifs to ponder; things that never made it into the courtroom and ones that did that didn’t pan out, like the phone call between Erica Gonzalez and the defendant on July 15, 2008, when Casey (I broke my own rule) was on her way to pick up Amy Huizenga at the airport. Gonzalez claimed she heard Caylee being scolded by her mother during that call, but that was impossible because, in his opening statement, Jose Baez said that Caylee was dead on June 16, 2008, a full month earlier.

CLICK IMAGE TO ENLARGE

Why wasn’t that phone call used to it’s fullest advantage at trial? Yes, Gonzalez was questioned on the stand by Assistant State Attorney Frank George, but she couldn’t remember the details at the time. OK, fine, but at that point, she should have been shown the document above to help remind her of what she told law enforcement. She wasn’t. Anyway, that was a key piece of evidence in my opinion, that went nowhere. As a matter of fact, it worked to the defense’s advantage. Why? Surely, a “grieving” mother would have no reason to make up a silly lie about scolding her dead child, right? What would be the point? Why talk to an imaginary person, something she did very well? The state should have expanded on it. (Watch Erica Gonzalez’s testimony here)

Sadly, there are no more points to make because it’s way too late for that. Case closed. I just needed to get that off my chest.

Of course, it’s never too late to remind everyone that, although the case may be closed, the memories are permanently etched in the minds of all of us who lived through it, and history will look as kindly on Casey Anthony as it has on Lizzie Borden, scorned to this day, yet dating all the way back to the 1890s. You know, the nursery rhyme about the 40 whacks she gave her mother that’s still recited. And like the one for Lizzie, I wrote one for you know who over a year ago - 6 months before the trial began, when no one knew the outcome would be similar to Lizzie’s…

THE BALLAD OF CASEY

For the rest of her life

Her name will be mud

For taking the life

Of her own flesh and blood.

For what lies ahead

Is a brewing storm.

Her Caylee long dead

Was fed chloroform.

I did change a few words from my original, but I hope it lasts a hundred years or more. Oh no, not because of me. I don’t care if anyone remembers who wrote it, I just want people to remember Caylee. Whether her mother murdered her or not, she was solely responsible for her death.

Moving on, we come to one of the prosecutors from the Anthony trial, Jeff Ashton, now retired. Today, he’s a best selling author and there are some misconceptions about him making the rounds on the Internet. I’m going to do my best to give you the truth. For sure, Ashton must have been working on his book during the trial, right? Perhaps, before it began, you think? I mean, how else could anyone explain how it was written and published in what seemed like record time? It was roughly 5 months after the trial ended that Imperfect Justice was on bookshelves across America. What gives? According to Suzanne Fox of VeroNews.com, the book wasn’t crafted until after the trial ended, and according to Ashton, not before he took his wife and children on a much needed vacation.

“When we started, I had no frame of reference,” Ashton said. “I figured the timeframe was short, but I didn’t really understand how short until the lawyer who vetted the book for HarperCollins told me that we’d done in three months what usually takes eighteen.”

“I couldn’t have taken on the book project if I was still working,” he added. “Even if the State Attorney would have authorized me to do it, there wouldn’t have been time.”

Of course, having Lisa Pulitzer, a seasoned professional crime writer on hand, helped tremendously. So did a very serious-minded editor, something I learned about while writing for Mike Boslet, Editor-in-Chief of Orlando magazine, during the trial. Get the job done.

That leads me to Ashton’s latest announcement that he’s going to challenge his former boss, Lawson Lamar, for the office of Orange-Osceola State Attorney. Alas, I would strongly consider voting for him except for one thing. I live in Seminole County, home of the 18th District Court. He’s in the 9th, and I can’t vote there. However, I can still offer my thoughts regarding his background and qualifications.

The Super Bowl comes once a year. Half of us don’t remember who won last year when the new one comes around. But after the big event, we look at the losing team as a bunch of, well, losers, not taking into account that they came in second in a field of 32 teams. Out of those teams, Number 2 stands out like a sore thumb. Why? In real life, Number 2 is not a pathetic loser. Yes, the Super Bowl is all about hype leading up to the main event and the media sucks it up like a sponge. Yes, it’s like any great battle, but so was the Anthony case, in a sense, and that one lasted nearly 3 years. Wow! What a build up and what a let down. The only thing is, we can’t obscure facts by skewing history and the truth.

Jeff Ashton was but one of three assistant state attorneys that took on the mammoth and monumental task of prosecuting Casey Anthony. That’s one third, folks, not one person. He was merely a co-prosecutor. Sure, the State should have won, but it didn’t, and we now have a retired prosecutor with a rather sterling 30 year career who is running for political office. I’m hearing some reverberations from several detractors around the Web. I do find it amazing that some people look upon him as a loser because of one case, but that’s the way we live today - for the here and the now, and everyone has personality conflicts. One thing we need to remember is that, during his 30 year career, he tried “some 70 homicide cases” and won all 12 of his “capital murder trials.” (See: Orlando magazine, Dec., 2011., The Prosecution Can’t Rest)

Ashton was the first prosecutor in the nation to gain the conviction of a rapist as a result of DNA evidence. In 1987, Tommy Lee Andrews was found guilty and sentenced to 22 years in prison. That was just over 24 years ago, when he was a young man around 30-years-old. A Florida appeals court upheld the conviction and the state became the first in the nation to affirm DNA evidence. That’s quite a statement, folks. And he’s not one to back away from anything.

Here’s my opinion — take it or leave it. Jeff Ashton is a fierce competitor. Here is a man who did his best for Caylee Anthony. What do you think he would do in the wake of that loss? Quit? Just write books? Do speaking tours? Sure, he could do that, and he should, but he now chooses to stick around and fight for future Caylees and everyone else in Orange and Osceola counties seeking justice. That shows you he’s dedicated and determined and not a quitter. I dare say he doesn’t know how to quit — not the driven man that I have learned to know and respect. Tomorrow morning at 11:00 am, I will be standing on the courthouse steps when he officially announces his candidacy and I will urge him on. 

(Also see Orlando Sentinel)

16 Days

The State has been presenting its case for over two weeks now. How are they doing? What about the defense? 

Read what I think. Only at Orlando Magazine.

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Feel free to add your thoughts.

THANK YOU!

I Was There

The courtroom got very graphic as the state entered photographs of Casey’s skull and other evidence found at the scene. Please read my account of the day, including sketches of the skull

Only at Orlando Magazine.

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Feel free to add your thoughts.

THANK YOU!

Drowning in a Pool of Lies?

What do I think the defense will argue in it’s opening statement?

Read my article on Orlando Magazine. See if it will take you as long to read as what Jose will say tomorrow.

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Feel free to add your thoughts.

THANK YOU!

Short interview with Dr. G: Chief Medical Examiner

Orlando Magazine published a brief interview with Dr. Jan Garavaglia by the editor-in-chief, Mike Boslet. I think it’s definitely worth a read. She will be a crucial expert witness for the State in the upcoming Casey Marie Anthony trial.

The Story of a… Medical Examiner

You can set up an account over there to comment, or you can return to this post and comment here. Your choice!

Without Prejudice

Casey Anthony’s defense team has filed a lot of motions; too many to some, but plenty of them have been denied without prejudice by the presiding judge. With prejudice and without are fairly cut and dry. With prejudice means that once a judge rules, that’s the end of it; dead in the water, leave it alone and give it a rest. In other words, it’s a final disposition. Without prejudice means that the present form is not good enough to rule positively on, but the motion can certainly be filed again after tweaking and rewriting it. In other words, similar, but not identical. It leaves a party free to litigate the matter in a subsequent action. That’s not to say the latter outcome would be any different, but it leaves the door open for further explanation and review. A lot of the motions ruled against the defense by Judge Stan Strickland were ordered without prejudice. In my opinion, one of the reasons why Jose & Co. wanted him off the bench was made clear after Chief Judge Belvin Perry, Jr. took over. Many of those motions turned down by Judge Strickland were refiled. They expected the new judge to be more favorable in his rulings. Unfortunately for Casey, Judge Perry didn’t overturn a single one of them, so they did nothing to help her cause.

In light of Judge Strickland’s rulings, I want to discuss something that’s been weighing on my mind - without prejudice, of course. Actually, there are two things, the other one being George and Cindy and where they sit in the courtroom; but first, I come to Judge Strickland’s defense - not that he needs it or anything.

Of late, I have been reading comments on blogs, including my own; personal testimonials that praise Judge Perry for keeping this trial on track; that he is expediting the schedule. Consequently, and because of him, the trial will start on time - his time. That’s simply not true. Not to take away from him or his regimented structuring at all, but the facts in this case are, in fact, facts, and facts don’t lie. Just where has Judge Perry sped up the process as it relates to deadlines and the like?

On March 5, 2010, just over a year ago, Judge Strickland affixed his name to an amended order setting deadlines. It’s titled [the] AMENDED PROPOSED ORDER SETTING DISCOVERY, MOTION and HEARING DEADLINES and TRIAL DATE. On February 7 of this year, Judge Perry wrote his ORDER MEMORIALIZING STATUS HEARING. Please make a mental note that these are orders written by both judges.

Judge Strickland wrote: Depositions of law enforcement officers or employees shall be completed by September 30, 2010.

Judge Perry wrote: Depositions of Law Enforcement Persons: Defense anticipates completion of all depositions by the February 18,2011 deadline.

That’s a four-and-one-half month discrepancy, folks, and Judge Strickland stepped down six weeks after his deadline order. Who reset the deadline? Please understand that this, in no manner, disparages Judge Perry. This is a complex death penalty case and tentative deadlines are meant to be broken. Recently, a very prominent attorney told me, “So much misinformation is out there,” and this stretches beyond the mundane aspects of this case.

Another good example of this is Judge Strickland’s original deadline for the depositions of defense expert witnesses. The date he set was February 28, 2011. Judge Perry extended it a bit to March 11, 2011 for the final one - Dr. Werner Spitz.

On a side note, we now know Dr. Spitz will argue that Dr. G’s autopsy results are flawed. We will look more into this aspect at a later date, but meanwhile…

Judge Perry said, by hook or by crook, this trial will commence to start on May 9, 2011. It’s etched in stone, but lest you think that he is speeding up what the defense tries to set back, guess again. While Judge Perry keeps both sides on course, it was Judge Strickland who set the trial date of May 9, 2011. I show you Exhibit A, right on schedule:

I remember when I told readers of my blog that I was going to attend my first hearing. It was back in mid-October, 2009. Everyone told me to sit on the prosecution side. If you sit on the defense side, it means you support the defense. I said, no it doesn’t, this isn’t like a wedding, where friends of the bride and groom sit on their respective sides. Oh yes it does, I was lectured. Well, I’ve always been the independent sort, and I told them I will sit wherever I want. It so happens that upon entering the courtroom, the only seat available was next to George and Cindy on the, you guessed it, defense side. That awarded me the opportunity to say a few words to George when the hearing was over, and I’m glad I did. As a writer, I try to remain neutral, although it’s downright impossible at times.

Nowadays, almost all I ever read, over and over and over again, is that because George, Cindy and Lee sit behind their daughter, it means they have “thrown their granddaughter under the bus.” They are not interested in justice for Caylee. At all. That brings me to one very important thought. It’s actually two separate pieces of the whole, but I think it’s worth pondering. No, I am not setting this in stone; let’s just say it’s a fresh perspective that most people haven’t given much thought to, if any at all. Please keep in mind that keeping an open mind usually means everything is not always hidden behind Door Number One. Answers can come from anywhere, and they usually do.

Suppose the Anthonys are seeking justice for their grandchild, but they just don’t like the fact that the state of Florida wants to kill Casey. Hey, life is okay, but death? No matter what your child has done, and I want you to think hard and heavy about this, would you beg the state to kill your child? No matter what? If you honestly answer no, then you will you understand why they refuse to support the prosecution. THEY WANT TO KILL MY DAUGHTER!!! To be realistic, I doubt that you could execute your own child. I couldn’t, because…

Personally, I am against the death penalty. My beliefs are my own and so are my reasons, but if you ask me why I feel the way I do, I will gladly explain my position. With that in mind, has anyone EVER asked George and Cindy what their positions are on the death penalty? If not, what if they feel the same way I do? Why would they want to support the state by sitting behind them? I wouldn’t if it were my child, but she’s not, and it’s not my call.

Think about how you would feel as poison flows into your child’s veins. Without prejudice, of course.

From the division of 'a Selasphorus rufus spoke to me'

I know there’s quite a buzz making the rounds on the Internet pertaining to Tony Pipitone’s exclusive story last night on WKMG, the CBS affiliate in Orlando. I must say, it was a great report, but of course, there’s always that element of hype that goes with virtually every story from every media outlet no matter what news is on the verge of breaking. Certainly, Tony deserves accolades for what he dug up and put together. It is true, no other TV station had the story. I’ve always recognized him as an excellent investigative reporter, and one of the reasons why he can shine like that is because he’s not a beat reporter; he’s not a man (or woman) on the street who puts together daily bits and bytes. This allows him more time to piece together a well choreographed production.

I know a lot of people are questioning whether it was the prosecution or the defense that met with him all clandestine-like to give up the goods on Dr. Jan Garavaglia’s deposition. Well, I’m not going to explain the story that aired last night. If you don’t know it by now, please go to Click Orlando, read it, and mosey on back. There’s also a video link to last night’s 11 o’clock broadcast. As Cheney Mason said at one point of the deposition while addressing the medical examiner, “this is not my first rodeo.” It wasn’t Dr. G’s, either. Nor was it Mr. Pipitone’s.

I went to the courthouse this morning and afterward, I asked some of Orlando’s finest journalists how he managed to get that information. Did someone spill the beans? No, most likely not. He had time to go to the Clerk of Courts office and peruse all sorts of documents, including “previously unreleased depositions of Garavaglia and others,” as their site explains. No back alley meetings wearing trench coats. No 007 guitar riffs playing in the background. It was there waiting to be found.

On another note, congratulations are in order for Kathi Belich for inking a long term contract with WFTV. Speaking of which, WFTV offered an on-air correction. It also appears on the Website. On a February 2 newscast, Kathi reported that some person had filed a grievance with the Florida Bar against Jose Baez for misrepresenting his facts to the court, and in particular, Judge Belvin Perry Jr. In fact, the complaint dealt with “ethics violations,” a spokesperson for the Bar stated. The person also confirmed that the defense attorney had been informed of the complaint, but refused to say who filed it.

Several of us wondered if Jose Baez threatened to take legal action against WFTV and, specifically, Kathi Belich, if a retraction wasn’t forthcoming. The thought had certainly crossed my mind because I am aware of what this defense can do, and it’s common knowledge that Kathi is the biggest thorn in the defense team’s side. They would love to send her out in the Atlantic in a canoe, sans paddle. To be honest, it’s not every day that a major media outlet retracts anything, so this came as a surprise.

Next Wednesday will be the start of a two-day status hearing. Casey Anthony must attend because several motions will also be heard, including:

• Motion to Suppress Statements (Jail Interviews)
• Motion in Limine to Supress Jail Video Footage
• Motion in Limine to Exclude Evidence to Canine Searches & Alerts
• Notice to Suppress Statements of LEO
• State’s Motion to Strike Defense Supplemental Witness List
• Rule to Show Cause
• Frye: Motion to Strike Defense Motion to Exclude Unreliable Evidence (Plant or Root growth) and Motion to Exclude Unreliable Evidence (Chloroform)

Late this afternoon, the judge announced that the State’s Motion to Show Cause will be argued next week. That’s the big one the prosecution wants to hold Jose accountable for - contempt! Also, Judge Perry approved two more defense motions - one for out-of-state video conferencing costs and the other for $4,500 for a mental health expert for the penalty phase if Casey is convicted. The cost of video conferencing will run about $140 per hour, but Perry believes it’s still a good deal since the cost of travel and accommodations for the defense experts would be much higher.

Well, there you have it. A little more to add to the ongoing Chronicles of Casey. One more thing… the title is just the Latin name for a particular breed of small bird - a rufus hummingbird. In other words, from the department of ‘a little bird told me.’

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?

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