I Swear

I have done my best to head to the courthouse early so I don’t have to rush once I arrive. Sometimes, going through security can be very time-consuming. Fortunately, Monday wasn’t all that bad. I never have to park in the parking garage, either, and that generally saves me $6-10 per hearing; not much, but in this tight economy, every bit helps. Because of where I park, I walk by the television trucks with their high microwave towers extending from the roofs. It’s interesting because they are filled with very expensive electronic equipment. On most days, that’s where the reporters put their well choreographed on air segments together. That in itself is a real talent. The trucks are all parked in an area designed for them, in front of the courthouse, in a nook off Orange Avenue.

I ran into Mike DeForest from WKMG, the CBS affiliate. I hadn’t seen much of him since the judge debacle, so it was nice to chat for a few minutes before I decided it was time to head up to the 23rd floor. He’s a good guy. Off to the side was Jacqueline Fell, from Central Florida News 13. She’s a very nice person and very approachable. She was the first one to interview me months ago. As I briefly chatted with her, I noticed Ann Finnell walking by herself. She had an almost lost look on her face, so I walked up to her. I promised I would say hello from her cousin, who comments occasionally on my blog. Last time, I didn’t remember her name. This time, I did. She was looking for the rest of her team and I couldn’t help her there, but she did ask what floor the hearing was on. I said it’s always on the top floor. I asked her if she wanted me to show her, but she said she’d wait and see if they showed up. We parted.

It was one of those days where the line that winds through the lobby to get to security wasn’t as jam-packed as usual, but it was moving rather slowly. About five minutes into it, Ann walked in and stood at the back of the line, where I was already halfway through. I beckoned her to join me. After all, she had important work to attend to. I lifted the rope attached to the stanchions and let her through. No one complained to me about letting her skip through the line, but I would have handled it. She went through security before me. I have to remove my belt every time I go through, so while I had to put it back on, she politely waited for me to finish. Besides, she wasn’t quite sure where to go since she was in the courthouse only once before, at least for this particular case. I thanked her and we walked toward the elevators. I was mostly making small talk about my trip to Jacksonville and the proton accelerator at Shands Hospital, where my best friend, Stewart, recently underwent treatment for prostate cancer. All in all, it was a delightful encounter and I must say she is a very nice and refined lady; every bit of what I thought she would be. When we got to the courtroom doors, they were locked. I peeked through the crack between the doors and saw that Jose Baez was already in there. We knocked on one of the doors and she was let in. As she entered, she thanked me for my help.

“You’re very welcome. See you in there.” Only lawyers were let in at that time.

I always feel comfortable around the media people, and in particular, Bob Kealing. He has been one of my strongest supporters as a blogger and he’s a very personable guy. Bob has authored three books and won three Emmys for his work. I’ve always admired him for his professional appearance and reporting and, no doubt, he did a great job on the Neal Haskell piece he put together during his trip to Indiana. After we took our seats, Casey entered and we could hear the now familiar clink-clank of ankle chains. Within a minute or two, Cheney Mason nodded and called Bob up for a brief, very hushed, chat. When he returned to his seat, I quietly asked him if he had a good story. Yup. The courtroom hushed as the judge entered at precisely 12:58. Dang, known for being prompt and on time, I was disappointed he was early. This is two times in a row. His track record was slipping, I thought.

The first order of the day was the motion the state filed to compel discovery. The judge made it clear that he had to leave by 1:40 because of a trial he was presiding over in Courtroom 19-Delta. That’s a familiar courtroom - the one Judge Strickland used and the one that changed my blogging life forever.

The motion addressed six key points:

1. Any contracts or agreements, in any manner or form, setting for the scope of work or expected compensation.
2. Any communications between expert and any member of the defense team, either past or present, or any member of their staff, or any one working on behalf of the Defendant.
   
3. All records of bills submitted by or payments made to the expert.
   
4. All records pertaining to payments for travel, meals or entertainment paid to or for the benefit of the expert or anyone traveling with the expert, by any member of the defense team, either past or present, or any member of their staff, or any one working on behalf of the Defendant.
   
5. Any notes taken by the expert or for the expert during, or referencing their examination of any evidence in this case.
   
6. Any photograph or video taken by the expert in connection with this case.
   

These were rather interesting demands because it encompassed a lot more than mere work product, which is privileged information, it also covered the entire time prior to Judge Strickland’s ruling on Casey’s indigence status. Personally, I thought the state was asking for more than the judge was willing to give, and as Jeff Ashton finished addressing his points, the judge made asked for a response from Mr. Baez.

“There is nothing that entitles the state to this.” He said there was no wining and dining going on, so there’s nothing like that to turn over. Besides, he said, he had no reports from his experts, which I found unusual. He said it was burdensome and it doubled the work for experts. Also, a lot of the work was done pro bono.

As Jose Baez, Judge Perry and discussed all six points, the judge asked Ashton a specific question that signaled, at least to me, that he did not fully agree with the motion.

“What in that rule or in what case authority does it signal the proposition for your request on 1, 2, 3 and 4?” It was then I realized the state was only going to get 5 and 6. The way he explained it to the prosecution was pure Perry style. If you want the information, you can get it through depositions and/or subpoenas, not through this motion. As much as the judge is perceived as a prosecutor’s judge, he is very fair to both sides of the courtroom aisle. 1, 2, 3, and 4 were denied without prejudice. The defense would have to turn over notes taken by the experts, and all videos and photographs. Incidentally, yesterday was the deadline for the defense to give the state their list of experts, but the judge did give them a two-week extension.

Time was drawing nigh for the judge to set sail for another courtroom, but he soldiered on. He asked about the defense’s outstanding motion on Roy Kronk. Baez said he may withdraw it until a later date; closer to trial. The judge reminded him, in no uncertain terms, that once the deadline for motions comes and goes, he will not hear them. He asked Baez if all the state’s witnesses had been deposed. Baez said yes. He told the state that all depositions of defense experts must be done by February 28. On that same date, all motions related to forensic evidence must be in. Any non-forensic related motions must be filed by December 31.

Ann Finnell finally had a chance to speak. It didn’t last long. Some may think Judge Perry cut her short as a, sort of, way of snapping at her, but I didn’t interpret it that way. I may be wrong, but the judge had no more time to hang around, and he told her he wasn’t going to be available the week leading up to Christmas, although a tentative date to hear her motion was discussed and the 20th and 21st were tossed about. December 20 was the agreed on date, at 1:30 PM. The week of Christmas. He also reminded her that attorneys for the media would object to her motion

Cheney Mason quickly stood up and told the court that the JAC is having issues over payment and he has a motion ready to file. Judge Perry said if it’s not resolved, he will gladly take care of it.

While we thought the hearing was over, it wasn’t. Jose asked for a sidebar. The judge complied and both camps stepped up to the bench. Whatever transpired, we weren’t privy to, of course, but it was very interesting to everyone when the judge raised his right hand and began to give some sort of oath to a young gentleman who was in the mix. It was also during this time that a legal assistant had Casey laughing. To be honest, I didn’t see it. Casey was directly in front of me, so I have no idea what it was all about.

Diana Tennis, Dominic Casey’s attorney, sat in the row in front of Bob, Jim Lichtenstein, Mike DeForest and myself, directly to the right of Cindy Anthony and her friend.  She surmised that it was the swearing-in of a new attorney. Some balked at that suggestion, but she was right. While no one knew who he was, I approached him after the hearing ended. William Slabaugh told me it was awfully nice of the attorneys to permit  Judge Belvin Perry, Jr. to swear him in as Orlando’s newest lawyer. It was an honor and a privilege. I congratulated him and wished him all the best. This is something he will forever remember, because a simple notary public could have done the same thing. I’m sure the judge enjoyed the moment tremendously, but back to the matter at hand…

The final thing the judge brought up was the reminder that the defense must give the state the list of new TES witnesses by January 31, so they can be deposed by March 30. With that, the hearing ended and I had my agenda in mind to find out who that new gentleman was. At the same time, I had something I wanted to say to Jose. Meanwhile, Cheney and Bob picked up their discussion where they left off. What Jose and I discussed was between us, but what appeared to be an embrace to some was far from that. Attorneys are used to talking up close and personal to keep inquisitive ears from eavesdropping.

When Jeff Ashton was walking out of the courtroom, I asked him if Judge Perry had addressed the John Huggins¹² case. Had he rendered a decision? If so, it passed me on by. No, he said and we walked to the elevators. Riding down to the first floor, he was asked about the decision on parts 1, 2, 3, and 4 of the motion. Would he refile? He said the judge did rule “without prejudice” on those key points and that leaves the door open.

As we left the courthouse, I thought to myself, the hearing didn’t get over until almost one o’clock. Oh me, oh my, Judge Perry was going to be late to his trial. Perhaps that’s why he asked for a deputy to approach the bench; to alert the deputies in 19-Delta.

Barking up the wrong plea?

“I found my daughter’s car today, and it smells like there’s been a dead body in the damn car.”

- Cindy Anthony

You know, I really wanted to title this post, Cryogenic oven-trapping gas chromatography for analysis of volatile organic compounds in body fluids, but it was already taken. Darn those three, K. Watanabe-Suzuki, A. Ishii and O. Suzuki. They left nothing for another man’s creative imagination.

On July 24, 2008, Investigator Mike Vincent of the Orange County Sheriff’s Office sent Oak Ridge National Laboratory a carpet sample from the trunk of Casey’s Pontiac, the one that contained the damn dead pizza with squirrel topping smell. All kidding aside, what tests were performed on the air quality in that trunk was a very serious matter. Whether or not the judge allows the forensic report to be admitted as evidence in the case against Casey is of tantamount importance to both the state and defense, where the life or death of the accused may be in the balance. The judge will have to weigh heavily the type of science it is - something never used in a court of law. Is it truly a valid science or is it junk, as Casey’s defense has implied? To grasp the basic concept of what it is, we must understand it first.

To begin with, there’s nothing quite like real, live witnesses; the ones who will testify in court that the car smelled like death and decomposition. There’s no escaping it. Cindy smelled it, George smelled it, Lee smelled it, and certainly, lots of law enforcement officials running around the Anthony home on July 15, 2008, smelled it, and many of those officials were duly trained in detecting decomposition of the human body. Just like the pungent smell of marijuana, there’s no escaping its uniqueness. Once you smell death, you never forget it. I believe it is in our primordial genes. The very first time it impacts you, you know what it is. No need for an education. No learning curve. No one need tell you what it is. Coupled with the scientific results, it could smell, er, spell doom for Ms. Casey. Even without it, the odor is what it is: decomp. No squirrels or other organic matter was found, lest a few crumbs of dried up pepperoni, if that.

The carpet sample sent in July was not the only thing parceled out. On September 3, Dr. Neal Haskell included air samples from the trunk, paper towels, and a white trash bag, both containing fly pupae. Dr. Haskell is a forensic entomology expert - forensic refers to investigation into the cause of death and entomology refers to insects. He is part of the faculty (Biology Department) at St. Joseph’s College in Rensselaer, Indiana.

According to Oak Ridge, compounds in all the samples were identified by mass spectral library match, which means they were compared against known samples that exist in a library. Without getting too complex, verifications were determined from standards purchased from the Sigma-Aldrich Chemical Company. It’s like comparing samples of anything against a known bank of information pertaining to that subject matter.

The first carpet sample was placed in a sealed metal can. A preliminary analysis was performed by extracting a small amount of air from the can. It was injected into a Hewlett-Packard Gas Chromotagraph/Mass Spectrometer (GC/MS) equipped with a Hewlett-Packard Mass Selective Detector. If this sounds anything like the Turbo Encabulator, it’s not even remotely close. Hewlett-Packard never made one. Alas, only a few compounds were observed in the sample, primarily chloroform, and it became apparent the sample wasn’t strong enough, so it was deemed necessary to increase the sensitivity in order to find a lower abundance of compounds - if they were present at all. According to the report, the technique selected for concentrating the sample was cryogenic trapping, which can improve detection of organic compounds ten-fold. Cryo-trapping is widely used for the analysis of fragrances and odors.

For these analyses, cryo-trapping was performed by injecting air into a short loop of inert stainless-steel tubing connected between the injector of the gas chromatograph and the head of the GC column. The stainless-steel loop was cooled with liquid nitrogen which condensed the organic compounds present in the air sample, while allowing the nitrogen and oxygen to be vented away from the GC/MS. Normal heating of the GC oven during analysis cycle vaporized the condensed organic compounds in the stainless-steel loop and allowed them to traverse through the GC column into the mass spectrometer.¹

If you are not familiar with cryogenics, think of cryonics, which is the “science of using ultra-cold temperature to preserve human life with the intent of restoring good health when technology becomes available to do so,” according to the Alcor Website. Rumor has it that Walt Disney’s head is frozen and kept under the Cinderella Castle at Disney World, here in Orlando, but that’s not true. His whole body is on ice in a hidden chamber beneath Pirates of The Caribbean at Disneyland. Actually, none of that is true. Dearly departed Disney was cremated, head and all, and his ashes rest in Forest Lawn Memorial Park in Glendale, California. Cryo no more.

Back to the matter at hand…

The carpet sample was removed from the metal can and placed in a Tedlar bag for 2 days at 35 degrees Celsius (C) and allowed to off-gas into the bag. Kind of like a silent, but deadly, if you get my drift. Tedlar bags have many uses in many industries, including air sampling, hazardous waste, and other gas sampling needs.

The report admitted that gasoline was found in the trunk and it was likely a source of significant hydrocarbon interference that caused an overlap with about 41% of the chemicals typically observed in decompositional events. This may wreak havoc on the state’s claims. The defense will jump on this like flies on… flypaper. Of the 51 chemicals identified on the carpet sample from Casey’s vehicle, 80% were consistent with decompositional events. A mere 17 of the 51 overlapped with known or possible gasoline constituents, leaving 24 compounds - 59% - associated with decomposing human remains potentially unaccounted for. In other words, there was no other way to explain their existence, such as pepperoni. There are lots more examples in the report, but to go into every aspect would be boring and quite tormenting. Suffice it to say that in its conclusion, the report summed up things nicely.

What the lab determined was that odor from early decomposition was present, including “an unusually large concentration of chloroform - far greater than what is typically seen in human decomposition.” There was also an increased level of sulfur containing compounds found, which are “particularly characteristic of decompositional events.” Certainly, of particular interest to the defense is the report’s conclusion that the possibility exists there could be a variety of products that could have contributed to the overall chemical signature.

How much credence should we, as untrained laymen, put into the Oak Ridge report? Laywomen, too. No discrimination intended or implied. Our opinions won’t count in court, but it makes for great discussion. What we may lose sight of are the lab tests conducted for OCSO because we keep wishing upon a star that Casey will be found guilty, so we sometimes skew the results. To be frank, we’re not even into what the defense experts will bring into battle, but we do have another report at our fingertips; the findings of Michael E. Sigman, Ph.D., Assistant Director for Physical Evidence at the National Center for Forensic Science on the campus of the University of Central Florida, right in Casey’s backyard.

Here is a list of what was analyzed and reported in Air Analysis Results: Caylee Anthony Missing Child Investigation²:

Some samples were not tested at NCFS, but an interpretation of the findings stated that“… dimethyl disulfide, tetrachloroethene  and Chloroform are known to be liberated from decomposition of human remains. These three compounds were not found in a representative gasoline sample in the NCFS database. Dimethyl disulfide occurs naturally in cabbage and onion.” Was that pizza ordered with onions and pepperoni? “Tetrachloroethene is used in dry cleaning and may be used in spot removers. Chloroform may be used as a degreaser and may be formed through the reaction of chlorine bleach with some organic chemicals.”

What Dr. Sigman concluded was that the presense of dimethyl disulfide, tetrachloroethene and chloroform did not conclusively demonstrate that human decomp was present in the trunk. There were too many other possible sources. 

These were the findings of Oak Ridge and NCFS, and not my opinion. In other words, I have no dog in this fight other than a cause similar to everyone else that’s compassionate about this case and looking for complete and final justice for Caylee. Speaking of dogs, though, the defense is going to look into all of this in a lot more depth and try to convince the jury a machine could never replace a canine nose. Therefore, it’s inconclusive. On the other hand, didn’t a dog also hit on human decompostion in that trunk? How is defense attorney Dorothy Clay Sims, a specialist in medical-expert witness cross-examinations, going to bark back at a dog?

I recommend reading Air science could be used for first time ever in Anthony case by Anthony Colarossi, Orlando Sentinel, October 8, 2010.