Cheney Mason Jars the Truth, By George!

It’s hard to believe that Casey Anthony was found not guilty of first-degree murder three years ago, but she was. My coverage of the case began in November of 2008 and continued in earnest until the verdict. That’s when it ended. Many people wanted me to resume writing about her — the lawsuits and bankruptcy — but my job was finished. Those news stories were of little relevancy to me, so I never wrote about her again. Until now. Something (or someone) has piqued my interest. Most assuredly, it must be of major importance to stir me from my restful, peaceful, crime-free, post-Zimmerman Rip Van Winklish sleep, right? Yes, and it’s Cheney Mason. Just as the Casey Anthony saga began with a flurry of horrible lies, the nest of iniquity continues.

Certainly, I have reasons to seek vengeance on those who took down the presiding judge at my expense, but I’m not a begrudging type, and the years have softened my stance to some extent. Jose Baez apologized years ago. It was nothing personal against me, he said, but he didn’t feel Casey could get a fair trial, especially in light of the check fraud pleas. That’s a different story and I understand more about the incident after years of study and reflection; however, I firmly believe the idea was the brainchild of a vindictive Cheney Mason. Mason had it in for Judge Stan Strickland and you are just going to have to trust me on it with no further explanation at this time. Asking the judge to recuse himself from this case is not the reason why I decided to pick up my pen. It’s to set the record straight over what I consider to be a persistent and perpetuating lie perpetrated by Mason — that poor, little Casey is innocent of any and all wrongdoing, and that the media and prosecution are guilty of everything. 

In his book, Presumed Guilty | Casey Anthony: The Inside Story, Baez wrote:

Casey and I had discussed her sexual abuse, and I felt it was only a matter of time before she would tell me the truth about what happened to Caylee.

This was immediately followed by:

The day I had a major breakthrough with Casey came in the early months of 2009 […]

He continues to explain what Casey told him about the drowning and her father’s involvement:

“Don’t worry. I won’t tell anyone. I’m taking care of it. Don’t say a word of this to anyone, especially your mother,” and he walked away.

Believe what you want. My point is that for over two years, until the onset of the trial in downtown Orlando, her defense team maintained an oblivious facade about the cause of Caylee’s death, and the public and many facets of the media were eschewing whatever Baez, et al, spit out. If she was so innocent, why not come forward much sooner than the trial? To be Nancy Grace-like, it would have been a BOMBSHELL and it would have sent the prosecution reeling into a downward, spiraling tizzy… momentarily, at least, until it had a chance to regroup. Instead, the young woman sat in jail from October 14, 2008 to July 17, 2011.

(I think it’s important to remind you, before I go on, that Baez was not death penalty qualified, so Mason was hired, pro-bono, in March of 2010, a year before Casey opened her mouth about the death of her daughter, as cited above. Mason had collaborated with Baez prior to officially joining the defense, too, so he was aware of his new client’s alibi and the accusation of sexual abuse. Unfortunately for George Anthony, he was going to be the defense scapegoat and he didn’t have a clue. If I was a minor target, George was huge.)

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Presently, I know precisely what Mason is spewing. It’s called marketing propaganda and he’s doing it to promote his new book, Justice in America: How the Media and Prosecutors Stack the Deck Against the Accused due out soon. I think it’s important and fair to first note that Mason does come with credentials. He’s a highly regarded veteran of criminal defense trials, as CNN’s Jean Casarez just pointed out in her interview with him, What life is like for Casey Anthony, updated July 4:

A former president of the Florida Association of Criminal Lawyers, Mason, who just that year had been selected by Florida Monthly magazine as one of Florida’s top lawyers, was disgusted with the local media coverage about the relatively inexperienced Baez.

That’s great. What a hero. Definitely, Baez was treated with contempt by the public and press, but it came with the territory of representing the most reviled woman in America and Baez knew that. What he needed was help forming a strong and capable defense, not a pompous ass press secretary/superhero. For now, though, let’s continue with the version Casarez wrote and elicited from Mason:

Shortly before jury selection was to begin, Mason got word that Anthony’s handwritten letters describing sexual abuse at the hands of her father were going to be made public under Florida’s open records law.

He believed it was only right that Anthony’s parents, George and Cindy, were warned. He called them to his office late on a Friday afternoon.

“We had them one at a time come into my personal office and made the announcement: ‘Monday’s going to be a bad day for you George. I felt man to man I would tell you in advance.”“

Mason said George Anthony’s reaction was “basically none.” “He looked at me … I turned sideways a little bit, he clapped his hands down on his thighs — let out a big sigh but didn’t say anything,” Mason said.

“He never admitted doing anything,” Mason said. “All we had were the letters and (separately) the statements Casey had made to the psychiatrist.”

According to Mason, he then called Cindy in to inform her.

Next it was Cindy Anthony’s turn. “We called Mom in, Cindy, and told her and she immediately welled up with emotion, cried, was very upset,” Mason said.

This is not what I recall from my experience with the case. Please note that Mason said George and Cindy Anthony went to his personal office after he got word, yet in his book, Baez wrote something contrary to Mason’s revelation.

Two psychiatrists evaluated Casey for the defense, Drs. Jeffrey Danziger and William Weitz. Danziger was initially appointed by the court in 2008 following her arrest. For the defense, he met with her four times in November and December of 2010. Weitz conducted two interviews in February and March of 2011. According to Baez:

After the prosecution took the depositions of the two psychiatrists, both sides agreed they should be sealed because they contained medical information as it related to Casey’s mental health, and there were issues of sexual abuse by George and Lee, which was protected under state law. Perry immediately sealed them, saying that he wanted to review them before deciding whether they should remain sealed.

Baez continued:

A couple of days later, Cindy called me to say she and George had an appointment the next day at the state attorney general’s office to discuss the depositions of the shrinks.

I lost it. I smelled the skullduggery of Ashton and immediately contacted Perry, telling him that the state was planning to meet with the Anthonys to discuss the information that he had sealed. 

Perry had a clear response: “Sealed means sealed.” Despite this clear message from the judge, the prosecution went ahead and had its meeting anyway. That was the arrogance of Ashton, whose attitude was, “I can do anything I want because I can get away with it.”

And get away with it he did.

In fact, according to Baez, the prosecution didn’t show the Anthonys the depositions, it showed them the notes they took during the depositions:

[…] The benefit to the prosecution by making sure the Anthonys found out what was in the shrinks’ depositions, of course, was that when the Anthonys found out that Casey was revealing George’s sexual abuse, they would turn on Casey, no longer support her, and became [sic] state-friendly witnesses.

I thought Cheney was going to have a heart attack. […]

This is proof that Mason did not individually call George and Cindy into his office to “warn” them. Instead, Baez warned Mason about what the Anthonys learned from prosecutors. But wait! There’s more…

Before Presumed Guilty was released, then assistant state attorney Jeff Ashton published his book, Imperfect Justice | Prosecuting Casey Anthony. He had something to say about this matter, too, and it offers a third view, far removed from Cheney Mason’s.  Beginning on page 215:

Even though the witnesses had been withdrawn [Danziger and Weitz], Linda [Drane Burdick], Frank [George] and I wondered how much of this George and Cindy knew. Just because the defense had dropped the witnesses didn’t mean they were abandoning the argument completely. There was still a chance that George could be dragged into this.

One evening around the time that all this was happening, Mark Lippman, the attorney who by then was representing George and Cindy, filed a strange press release. It said something to the effect that George Anthony had nothing to do with the disappearance of Caylee.

Ashton contacted Lippman, assuming that Baez had spilled the beans:

Mark told me that a few days earlier, Baez had asked for a meeting with just Cindy. When she arrived at his office, Baez, Dorothy Sims, and Ann Finnell via the phone were waiting for her with important news. Baez proceeded to tell Cindy that Casey had authorized him to say that Caylee had died at the house and that her death had been an accident. Baez also told Cindy that the state was investigating George’s involvement with Caylee’s death. Baez claimed that the authorities had information from a witness who said that George’s phone records held valuable clues.

I was speechless. Poor Mark only knew the tip of the iceberg. It was the cruelest thing I have ever seen an attorney do. […] To tell this grieving woman…

To say that Ashton was outraged would be an understatement. This is what pushed him to tell the Anthonys the whole story — to warn them.

I told Mark we weren’t investigating George, although sadly, there was more bad news. But I had to get back to him about it. Linda and I discussed the best way to handle the therapists’ reports and we decided to invite Mark, Cindy, and George to our office. I gave Mark a call.

“Are they saying that George disposed of the body?” He responded by telling Lippman it was worse than that. 

When Baez found out that Cindy was coming to our office to see what the doctors had said, he immediately shot off an e-mail to Judge Perry, essentially accusing us of violating Perry’s order.

Linda said that Judge Perry’s order indicated only that the transcripts would not be made public documents; it never restricted our ability to investigate the story, and there was no way we were going to let Jose’s lies go unchallenged. Baez would later attack us on this point, but the judge agreed with us.

The prosecutors decided to discuss their notes and recollections with the Anthonys since the depositions were, in fact, sealed. Caylee’s grandparents needed to know the truth about what was actually going on, despite the inherent risk of possible witness tampering accusations.

George and Cindy were visibly upset when they arrived at the state attorneys office, Ashton pointed out.

Before the meeting, we’d told Mark that we would speak to him privately and share what we knew with him. Then it would be up to him to decide what to tell the Anthonys. We put George and Cindy in the conference room and took Mark into the office with us.

Lippman heard the entire story…

Mark left and went to the conference room to talk to the Anthonys for what seemed like twenty to thirty minutes. Linda and I were in a nearby conference room when Mark came to find us. Cindy and George had questions, and we accompanied him back to the conference room. Cindy was sitting at the table just looking down. George was next to her, his face bright red. Cindy looked angry. George looked like he had been crying, like someone had just killed Caylee all over again. He was just devastated.

“I just want you to know that none of this is true,” George said to us.

Cindy patted him on the hand and said, “It’s okay, George. Nobody believes this.”

His words would catch in his throat as he assured us one more time, “I just want you to know that everything I told you is the truth and I am not changing any of it.”

I remember Cindy saying something like, “I don’t know what’s wrong with her,” referring to Casey. At least she was finally willing to admit that there was something not right about Casey. How it would affect her testimony at trial, though, was anyone’s guess.

There you have it. The rest is history. But is Cheney Mason rewriting the history books to glorify himself? To give himself most of the credit for saving poor, innocent, child-like Casey? Sometimes, certainly in this case, when someone keeps telling himself the same thing over and over and over again, he begins to believe it. Mason is, after all, one of Florida’s BEST attorneys, as I’m sure he would quickly remind us and his mirror. And if Washington chopped down the cherry tree, he chopped down the giant Ashton tree. And didn’t tell a lie. Yes, man-to-man, he gently pulled George into his office to softly break the news. What a kind and compassionate father figure. Only, I wouldn’t buy a used lemon from the man.

The amazon.com Website promo intro of Mason’s book says, “He shares never before revealed media bias, and enough case secrets to make readers re-examine their conscience and the quick path to judgment and personal conviction of Anthony.”

I am deeply concerned about the honesty of those “case secrets,” especially coming from a man with so much documented bias against the media. Until he needs to use us.

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I think it’s important to mention something more enlightening about the defense psychiatrists, Drs. Danziger and Weitz. They were most likely removed as witnesses out of fear that the judge would have granted the state their own psychiatrist, who would have interviewed their client. That would have been problematic for Casey and the entire defense. It’s also necessary to say that Danziger was highly uncomfortable with being a mouthpiece for these “very, very serious allegations against someone in a situation where there is no other evidence he actually did anything.” (Imperfect Justice, Page 210.)

The Beat Goes On

When I wrote about the Casey Anthony case — All Those Years Ago, to paraphrase the late, great George Harrison — I said I thought she was a good looking girl. Of course, this was early into it, when it was all the rage to call her the ugliest woman on the planet. I said that, had I met her in a bar, prior to her daughter dying and, of course, me being in my late twenties, which I was not; I probably would have hit on her. All hypothetical. Some of my readers left me in disgust. Sometimes, honesty is not the best policy, but only in the sense that I never should have mentioned it. I was simply trying to say that you can’t judge a book by its cover. Backfire! Heck, they all knew I was in my fifties!

A television cameraman I have gotten to be friends with recently told me that his son did, in fact, meet Casey in a bar a year before anything took place, and he did hit on her. How can one look into another’s eyes and see the future? You can’t, but upon talking to her, he ultimately found her to be quite strange and chose to move on. There were plenty of other good looking girls hanging around that night and he was on the prowl. While you may think I am trying to make a point about good looking girls and book covers, I am not. It’s all about putting too much weight on how someone looks. Weight is the common thread between Casey and George Zimmerman. While she was cute and petite, he is not. He keeps growing, and I hope that is not a detriment during the trial. While texting my closest connection yesterday, I made the observation that he looked like a big ol’ toad sitting on a log. 

I didn’t mean it as a direct insult; let me assure you of that. But he does seem dazed, like he’s on tranquilizers or something, and I wonder if he will snap out of it by the time the trial starts. I don’t care if he weighs 300 pounds, so let me make that clear; however, is he content or overwhelmed by it all? Whatever, he seems indifferent and complacent, and that’s not a good thing for the defense in my humble opinion.

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I had to be outside the courtroom door by 8:00 am in order to pick a seat. We were selected by lottery and I came up number 14 out of 24 media organizations. I chose my place and that’s where I’ll be for the duration; meaning all future hearings and the entire trial, sitting in the same spot. After the selection process ended, I saw Robert Zimmerman and we exchanged greetings. Just before the hearing began, I had a chance to talk to Frank Taaffe, too. We have gotten to be friends. Let me just say that I’ve dated women who were more liberal than me, and I’ve dated women who were more conservative than me. That’s very true of my friends, too. What difference does it make when it comes to friends and lovers? That’s something I hold close to the vest. Fairness to all. Everyone has an opinion, and all are welcome in my mind.

Judge Nelson likes to get right down to business. There had been a lot of sniping going on between the prosecution and defense the past month or so, and she made it quite clear that she wouldn’t tolerate it. At 8:58 am. She didn’t wait until 9:00, in other words. Both sides were getting nasty and acting like school children; like siblings fighting for attention from their parents. Over a toy. WAH! WAH! To those who think the prosecution is right, and to those who think O’Mara is a saint, the judge doesn’t share your opinions, and that’s what counts in this case. Her job is to maintain peace and to interpret law as both sides present it, and that’s the way it went in the courtroom on April 30, 2013, Common Era or Anno Domini, depending on your beliefs.

Over a half-dozen motions were heard. While some may view the hearing as a victory for the State, I didn’t see it that way. In other words, it wasn’t that clear-cut. Defense Attorney Don West wanted assurances that the State would turn over all cell phone records it has in its possession. The judge agreed and ordered it done. Prosecutor Bernie de la Rionda did say it had nothing new to add; that everything was turned over. The defense also wanted any 911 tapes that may have been enhanced by Benjamin Crump, one of the attorneys for Trayvon’s parents. Initially, Trayvon’s father, Tracy Martin, told Sanford police detectives that the screams for help were not his son’s. Later, he changed his mind. The judge had already ruled that Crump cannot be deposed because of his status as the family attorney. “Your Honor,” de la Rionda stated, “I am not Ben Crump.” The judge ruled that any enhanced tapes must be turned over to the Defense in 24 hours, but only if they are in the State’s possession.

April 17 was the Court’s deadline for adding any witnesses, but Nelson granted the Defense request to add five new ones, only named A, B, C, D & E. The State did not object, as long as it is given the same opportunity.

Turning the wheel, Judge Nelson ordered the redaction of personal information mistakenly released by the Defense, and closed the door on publicly announcing the amount of the lawsuit settlement between the Martin family and the Retreat at Twin Lakes, where Trayvon was shot and killed. It will remain under seal unless it becomes an issue at trial. I will delve more into this subject in a later article, but suffice it to say the Defense argued that it could potentially show prejudice from the Martin family in trial testimony and the State disagreed. What relevance would it have after the fact? Trayvon was dead long before his family sued.

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Two other issues arose that were quite newsworthy. One, of course, was Zimmerman’s swearing in by the judge in order to question his understanding of O’Mara’s decision to not seek an immunity hearing before the trial. The judge had set aside the final two weeks of April (4/22 and 4/29) to hold an immunity hearing. O’Mara told the judge at the last hearing on March 5 that it would not be necessary; that it could take place during the trial, not outside of it. Judge Nelson needed to hear it from his client because a motion was filed by de la Rionda requesting that Zimmerman make it clear himself. [See: STATE’S MOTION REQUESTING COURT INQUIRY OF DEFENDANT REGARDING DEFENSE COUNSEL’S WAIVER OF ANY PROCEEDING TO INVOKE IMMUNITY (SELF-DEFENSE/STAND YOUR GROUND HEARING) UNDER F.S. 776.032]

In the State’s motion, de la Rionda noted that the defendant was not present at the March 5 hearing when his attorney waived the immunity hearing.

Failing to ensure that the Defendant has knowingly waived this statutory right has the potential to result in Defendant after being found guilty attempting to invoke such an issue in any post conviction proceeding.

The State formally requested that the Court conduct a full inquiry of the defendant. Ask him if he is aware of this. The judge obliged over concerted protests from O’Mara, who wanted it to be in the form of an affidavit. George personally waived his right, but it can still be brought up during the trial, as O’Mara has said for some time. Significantly, it could potentially mean that the Defense can move to drop the charge after the State rests, if it feels it’s a proper time to invoke immunity. More than likely, it would happen after both sides rest, but, if, and/or, when it does, it would be up to the judge to render a decision. If the judge denies it, the jury would decide on a verdict; however, the Defense also risks one important thing — that the judge turned down the immunity request for some reason. Would that impact or influence the panel of six jurors?

O’Mara did make one thing clear about that, though, regarding the judge. “We’d much rather have the jury address the issue of criminal liability or lack thereof,” so it may never go to the judge.

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O’Mara brought up the blistering attack by de la Rionda in his response to sanctions requested by the Defense against the State for discovery violations, particularly from Witness 8, who lied about her age and a trip to the hospital she didn’t take. She used the excuse as an explanation for not attending Trayvon’s funeral; that she was too sick. The Defense contends it spent over $4,000 investigating and finding the truth — something the State was well aware of since last August and withheld.

O’Mara told the judge that de la Rionda’s response was unethical, inappropriate and scurrilous. He said it was a horrific personal attack that should be stricken from the record. Judge Nelson gave O’Mara five days to come up with a list of what he wants redacted. While not coming out and agreeing to do that, she did say she found things the court wishes were not in the State’s response.

While pleading his case, O’Mara put West on the stand. He reiterated the claims made by the Defense that Witness 8’s age was first reported by Crump to be 16 when, in reality, she was 18. He also spoke about the the hospital trip she never took.

When de la Rionda cross-examined West, he reminded him that the Defense had plenty of opportunity to interview Witness 8 long before the State did. He also said he could request sanctions against them, too, for violations, because they had caused undue delays. I don’t really see it that way. The defense has not caused any delays that I am aware of, but in the end, the judge did not see any violations from the State, either. “The court does not make a finding that there was a discovery violation.”

The judge did leave the door open. After denying O’Mara’s claim that he spent “hours and hours of work” investigating discovery not disclosed by the State, which de la Rionda vehemently denied and claimed was inadvertent, she said she had no problem holding a hearing after the trial to determine whether the State should have to pay the Defense for some of the costs incurred. In my opinion, the Defense may have a good claim.

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The hearing lasted about three hours and ended around noon. As I left the courtroom, rode down the elevator, and entered the main lobby, Robert Zimmerman was sitting in a chair. I walked toward him, stopped, and we talked. He is a soft-spoken, gentle man. I asked him if he knew who I was. He did. I didn’t ask for egotistical reasons. I realized he must have known about my position in the case. After all, I still firmly believe his brother would never have exited his vehicle without a gun, and he did so despite it being the job of experienced law enforcement personnel.

While I have maintained an excellent rapport with Benjamin Crump and Natalie Jackson since the beginning of the case, I haven’t had much of an opportunity to speak with the other side, except for Frank Taaffe, who is really an independent person in all of this. Robert will always defend his family, no matter what. I understand that as surely as I understand Lee Anthony defending his sister. I told Robert that I would be fair in this case from now on. I said I would not take sides in reporting about the trial. I will tell it like I see it, but I will make no remarks about guilt or innocence. Why? This is my last hurrah. After the Anthony trial ended, people left me in droves. There were other trials and scandals to follow. Yes, some people remained and still do, but it’s the cases readers are interested in, wherever they occur. Yes, they like my take on crimes, but in the end, it’s the crime that matters. When this trial is over, what will happen? I am not the late Dominick Dunne. I cannot travel across the country writing about case after case, nor would I want to. After this, I am free to go; free to do whatever I want. My door will open. I will be able to write as I please and hope readers continue spying on me. I can move around. I can write music and kiss crime good bye…

Oh wait! One of my journalist friends just had to remind me that Casey’s civil trial will probably take place before the end of the year; the one filed by Zenaida Gonzalez. I guess that means I’ll have to wait to retire my crime writing laptop. Darn, I hope you don’t mind.

Pets, Lies and Duct Tape

In his opening statement, Jose Baez guaranteed that the jury would come to believe that George Anthony had sexually molested Casey when she was young, that he found Caylee’s body floating in the backyard pool, and he alone applied duct tape to her face. Somehow, someway, he would explain how meter reader Roy Kronk disposed of the child’’s body so he could later “discover” it and collect a reward. But as the defense wrapped up its case Thursday it was clear that Baez had failed to deliver the goods. His strategy created a lot of smoke but yielded little substance. 

What do you think?

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All Fired Up

What really transpired behind closed doors, in chambers, on Saturday? It could be some sort of trap Mason has set for the judge – a legal technicality he hopes will derail the trial, but I don’t think so. There’s discord in this defense team. They are in disarray, and I sense that they are turning on each other.

Read my opinion and leave yours. There’s plenty of room to drive a Mack Truck through…

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Rope-A-Dope or Going for Broke?

The trial has been underway for more than a week now, and that’s long enough to get a good idea about where the state and defense are going. Where is this trial headed?

Please read what I think about it…

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It's Not Just Nuts and Dolts

Who are all these people? And what do you think of the cast of characters rolling into the courtroom?

Your opinion needed at Orlando Magazine.

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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.

Either Way

While attending court on Wednesday, I noticed a big difference in how Casey’s defense presented itself as opposed to past hearings. It was a dramatic improvement. It was also the first time I saw Dorothy Clay Sims, the Ocala attorney who specializes in aggressive cross-examinations of medical experts. She joined Casey’s team in September of last year. We will be hearing much more from her as we approach the trial, I’m sure.

On Thursday, Judge Perry opened the hearing by admonishing the gallery. He reminded everyone he does not want to see any smirking or hear any snickering. This includes moans, sighs and any sort of reaction that deviates from quietly sitting still and behaving ourselves. One thing I admire about him is the manner in which he handles issues on the surface. He seems to be rather uncomfortable with singling any person or group out. I would imagine if and when it ever reaches that point, the person(s) on the receiving end won’t be happy.

Thus began the day filled with testimony from detectives, deputies, jailers and the two Anthony men. When I arrived on the 19th floor, I expected to see a good number of OCSO’s finest, and I did. The first one I noticed was Sgt. John Allen, the lead investigator of this case. We had warm greetings and a firm handshake as we crossed paths. If you recall, Sgt. Allen interviewed me in December 2009 and I’ve spoken with him several times by phone since then; the last call was made in November 2010 concerning an idiotic conspiracy being promulgated on another blog.

I have an awful lot of respect for Sgt. Allen for several reasons. He made me feel very comfortable during our initial meeting. He was professional and courteous. He knew how to ask the right questions and he allowed time to talk about other things of interest, some personal, but mostly about the case. For instance, when Casey was initially arrested and all leads pointed to finding a victim, he and over 100 law enforcement personnel continued to search around the country for a living Caylee. You could clearly sense his dedication, focus and concern. No one ever gave up hope until after her remains were found. What I walked away with that December day was a good understanding of the man and the challenges he faces every day. I recall how OCSO and other personnel were castigated by family members for not doing more to find Caylee, but I knew they were. All they wanted was the truth.

I also had an opportunity to speak briefly to Cmdr. Matt Irwin and Cpl. Yuri Melich. During a more lengthy break, I had a good conversation with another detective, Cpl. Eric Edwards. Great guys, all. Of course, nothing about the case was discussed. Actually, the police had to wait outside the courtroom for two days waiting to be called. It’s my understanding that during the entire time, they were in limbo. In other words, no working on any present investigations. Everything was on hold. It seems like so much wasted time, but such is the case when charges are filed and trials ensue. It comes with the territory.

Agents of the State?

Just like I wrote in my previous post, I do not intend to relate a play-by-play account of what transpired in the courtroom. I will proffer my thoughts on the overall scheme of events and what the defense was after. The day before, it was the Miranda warning. On Thursday, it was Agents of the State.

First off, I think the M.O. of a cop is pretty simple. Cops do what cops do. They investigate. They uphold the law. They do a lot more than that, but let’s just stick with investigating and upholding the law for now, especially when the defense questioned both job descriptions. I understand what Jose & Co. were engaging in and while Wednesday may offer them hope, I’m not all that sure about Thursday. Taking a look at one of the angles Jose pressed was how he took it personally when the detectives allegedly told George his daughter could have found a much better attorney. OK, fine. So what? As soon as Casey lawyered up, she wasn’t going to open up to authorities any longer. That’s a given. Who she hired meant nothing because any attorney worth his/her weight in salt would have severed direct communications with law enforcement personnel, so who it was and how good or bad the person was wouldn’t have mattered. Cops and criminal defense attorneys are like oil and vinegar. Anything the law wants to find out from that point on just ain’t gonna transpire.

Because police act the way they do, they usually try any trick in the book to find answers. That’s what private investigators do, too. Short of anything illegal, that’s the name of the game. If you ever watch COPS, you’ll know that any and all people involved in suspicious activity are questioned separately. More information is collected that way. In this case, detectives knew that George was once in law enforcement and, naturally, he would be a better fit when it came to collecting additional information. He understood the lingo. As for Lee… well, Lee is a different breed of animal, but I feel that law enforcement sensed his desire to pursue the field of investigative work. Whether he’s a cop wannabe or not, he created his own agenda. He sure played into their hands. Remember, Dominic Casey told him to work on becoming a PI. There were two willing family members with George and Lee. Where it gets tricky is when the OCSO detectives offered to pick up George and drive him to the county jail to see his daughter, knowing that Baez was out-of-town. That in itself is not a big deal, but it is sneaky. Still, it’s nothing illegal. Where it becomes an issue, in my opinion, is when the detectives told Jose under oath that driving George to the jail was not an official trip. It was only to help him find the truth.

Hold on for a second… Uh… Hmm. Not an official trip. It most certainly was an official trip for four reasons:

1. It was a county vehicle filled with gas paid for by the county.
2. It was tape recorded without George’s knowledge.
3. George was accompanied by two detectives and one FBI agent.
4. Everything law enforcement does related to an investigation is most certainly part of the investigation.

Astutely, Jose asked why they would tape record the trip if it was not part of an investigation. He asked if any of them had ever done the same thing for any other person. Was it done out of the goodness of their hearts? He also put one of his former attorneys on the stand. Gabriel Adam may have had a problem with attorney/client privilege, but he was quick to point out the strange goings-on at the jail that day. Why was he not allowed to see Casey until much later? Because the detectives were in the building, setting up an appointment with dear old dad.¹ In the end, she did not see her father that day, she listened to her attorney’s advice, but I still find something to be a little bit problematic. Why say it wasn’t part of any investigation when, in fact, it was? That’s what cops do, after all. Is it enough to win the motion for the defense? No, not in my opinion and I’ll tell you why. While little lies may come into play during the trial, at issue now is whether the Anthony family was surreptitiously swallowed up by law enforcement to, unwittingly, do dirty deeds at their behest. Did they become Agents of the State?

No.

As desperate as law enforcement was to find the answers, so were the Anthonys. On the stand, all members of the family said they would have done anything to bring Caylee home. This was long before she was found. As a matter of fact, here is a direct quote from George:

“I would have sold my soul to the devil to get my grandchild back.”

They were in complete agony, yes, but as far as I’m concerned, if the Anthonys were Agents of the State, those detectives were just as much Agents for the Anthonys. Yuri Melich and John Allen were the only security blankets the family had at the time, if not all of them, then certainly George. What those detectives did was what they do every day. Sgt. Allen summed it up nicely:

“We were doing this at their request but certainly anything that if we had got of evidentiary value we would have used it and turned it over to the prosecutors.”

Another potential issue is the letter Casey wrote to then Sheriff Kevin Beary. Did the detectives coerce George into convincing her to do it without Jose Baez’s knowledge? Even so, should it matter? No one twisted her arm, and the police had no direct contact. That’s why this “agent” thing is such a big deal to the defense. If they can link the police directly to Casey, it could, potentially, mess with attorney/client privilege. Sgt. Allen told Lee on numerous occasions that “she has an attorney, we can’t talk to her but you can.”

Will the defense win this one? I’m inclined to think not. Everything up to that point was done voluntarily, all players were adults, and they shared one common goal - to bring Caylee home. The Anthonys were willing to do whatever it took and, in the end, the bottom line is simple. The police work for us. Right?

§

One of the nice things about being able to sit in the courtroom is that there is so much more to see than what’s viewed on television. The added depth and dimension are huge advantages. Jose posed a hypothetical question to George. He wanted to know, if he was subpoenaed to testify in court next week, knowing that if he chooses not to attend, it would save his daughter’s life, what would he do? Linda Drane Burdick vehemently objected. The judge overruled and wanted to know George’s answer. He told the prosecutor it could be discussed in a sidebar after he answered the question. Jose asked him again. George replied that he would stay away from court and risk it all, including any form of punishment, if it meant it would save Casey’s life. He broke down on the stand and cried all the way out the door after he was excused.

Ultimately, the judge overruled the prosecutor again after the sidebar, but what you couldn’t see or sense on TV was the emotional state of the gallery at that precise moment in time. The cameras couldn’t show you the welling tears of some of the spectators. It was then that we really felt the agony inside of that man. It was real. For whatever you think of him, this is something we can never deny.

If the defense succeeds in acquitting Casey, one thing is certain. It will never be the same. As cruel and distant as she has become toward her family, who she ignores, she will most assuredly never, ever go back to Hopespring Drive and what she left behind. No, George, she may win, but you will never be able to go back. Either way, for you, Cindy and Lee, it will be a lose/lose situation. Caylee already lost.

I want to say hello and thank you to my courtroom friends on Wednesday and Thursday. I had planned on attending Friday, too, but I had other obligations that almost slipped my mind. Hello to Diana in Asheville! I wish we would have had more time to talk. To Gloria and Jim, I enjoyed our “lunch” together and I look forward to hearing from you soon. And to Melinda and Pam, I really, really enjoyed your company.

¹When Gabriel Adam was through testifying, including the cross-examination, Judge Perry took the unprecedented step of continuing to probe him about his visit with his client. This may not bode well for the State. Something got his attention.

Arresting Development?

 

There are two basic Miranda warnings. One is quite minimal and the other is more verbose:

• You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.

• You have the right to remain silent and refuse to answer questions. Do you understand? Anything you do say may be used against you in a court of law. Do you understand? You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand? If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand? If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand? Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

The general rule is that the first one is just an announcement of your rights, whether under arrest or not, and the second one is primarily to cover the bases a detainee might encounter while in police custody.

We have rights under the Constitution and the Bill of Rights, but do we know each one of them by heart? Way back in 1963, Ernesto Miranda was accused of kidnapping and raping an 18-year-old woman. When brought in for questioning, he confessed. He was never told that he had rights at all. He was never told he didn’t have to speak to the police or that he could have had an attorney present. At trial, his counsel attempted to get the confession thrown out, but the motion was denied. In 1966, the case went before the U.S. Supreme Court, which ultimately ruled that Miranda’s statements to law enforcement could not be used as evidence since he had not been advised of his rights.

Since then, before any pertinent questioning of a suspect is done, officers of the law have been required to recite the Miranda warning. The above statements have the same key elements: the right to remain silent and the right to an attorney. When you have been read your rights, you have been Mirandized.

Of great importance is the difference between being arrested and being questioned. When law enforcement asks you anything - anything at all, you have the right to remain silent. Period. Of course, this doesn’t include answering basic questions such as your name, address and other relevant information regarding your identity. Also, bear in mind that if you are not a suspect, the police do not need to Mirandize you.

At issue with Casey, and of great importance to her defense, is the precise moment when she shifted from being a person of interest (which could mean just about anything) to becoming a full-blown suspect involved in a crime. To be certain, prior to her being questioned, she was already suspected of stealing. That quickly changed when law enforcement learned of Caylee’s disappearance and possible kidnapping. What is so relevant at this point is the time investigators turned around and looked at her as a suspect. There are no clear-cut definitions; it is a gray area, but no doubt, police are trained to be suspicious of their own mothers, so after Casey told her first lie, the gloves came off and she became a prime target of investigation. What her defense did today was to paint her as a sitting duck, and there may be some weight to it. Were Orange County’s finest required to read Casey her rights before firing away, if just as a precaution? That’s what we are about to find out.

When Deputy Ryan Eberlin told defense attorneys on the stand today that he initially handcuffed Casey on July 15, 2008 and put her in the back of a patrol car - the “cage”, should he have read her her rights, right then and there? Remember, that would not have signified that she was under arrest. At that moment, the crux of the investigation was over a missing toddler, right? Yes, but Cindy had just showed him receipts that virtually indicted Casey of fraudulent use of her credit cards. She said she wanted to press charges against her daughter. It was at this moment the cuffs went on. Time to be Mirandized. She was a suspect in a crime.

This could be big. I have tried to maintain a decent semblance of neutrality throughout this trying case, although I will admit I falter at times, but I have got to admit that this could be problematic for the State. To be blunt, Jose Baez and Cheney Mason were very good in the courtroom today and I have to call it like I saw it. Give them their day in the sun, but don’t get in an uproar over my revelation, not quite yet, anyway. We don’t know how the judge will rule. There’s still much more testimony to come, but if he rules in favor of the defense, it means initial questions will be tossed. However, keep one important factor in the back of your mind…

Ernesto Miranda. Oh yes, his conviction was thrown out, alright, but he didn’t walk away a free man. Law enforcement still had tons of other evidence that was completely independent of the confession. When he was tried the second time, he was convicted again, and after his release, he was killed in a barroom fight.

Just remember, the State of Florida is still sitting on lots of other evidence against Casey.

§

There is much more I could address, but it was a long day. One little morsel of interest, I’m sure… Diana Tennis is no longer representing Dominic Casey. He is out of the woods, so to speak, and Ms. Tennis is free to say and write whatever she wants about the case.

Also, the State submitted two photographs into evidence. The defense objected, but Judge Perry overruled. The first one shows a happy Casey taken at OCSO Operations Center. The second one is walking out into the lobby to exit the building. Could the first one infer that she’s a mother not too worried about her toddler?

 

I’m going to bed. It’s going to be a long day tomorrow, I’m sure.

From the FRYE pan into the FYRE? Part I

Next month, two motions filed by the defense will be heard by Judge Perry. Because they are very important Frye issues, and of extreme importance to the defense, this post will focus on the motion about chloroform evidence. It will be in two parts.

PART I - The Frye Pan

Casey’s defense recently filed two Frye motions. The date reflects when they were filed with the Clerk of Courts. Both are stamped 12/30/2010.

MOTION TO EXCLUDE UNRELIABLE EVIDENCE PURSUANT TO FRYE, OR IN THE ALTERNATIVE, MOTION IN LIMINE TO EXCLUDE (CHLOROFORM)

and

MOTION TO EXCLUDE UNRELIABLE EVIDENCE (Plant or root growth evidence)

The state filed motions to strike, but today, I will just focus on the issue over chloroform. The other motions (defense and state) will come later, because in this particular one, there is much to discern, including a few errors. I will get to them, but first of all, what, exactly, is a Frye motion/hearing? Frye motions are generally held in limine, which means they are made before a trial starts. The judge then decides whether certain evidence may or may not be introduced to the jury. The Frye standard is a test to determine the admissibility of scientific evidence in legal proceedings. This standard comes from the case Frye v. United States (293 F. 1013 (DC Cir 1923) District of Columbia Circuit Court in 1923. Frye v. U.S. was a groundbreaking case that argued the admissibility of polygraph tests as evidence in a trial. Today, it’s designed to prevent both sides from unfairly exploiting expert testimony. Its intent is to assure that expert evidence is reliable.

In its motion, the defense cites Florida Statutes 90.401, 90.402 and 90.403, Amendments 5 and 14 of the U.S. Constitution, and Article 1, Section 9 of the Florida Constitution. Let’s take a look:

• 90.401 Definition of relevant evidence. — Relevant evidence is evidence tending to prove or disprove a material fact.
• 90.402  Admissibility of relevant evidence. — All relevant evidence is admissible, except as provided by law.
• 90.403  Exclusion on grounds of prejudice or confusion. — Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence. This section shall not be construed to mean that evidence of the existence of available third-party benefits is inadmissible.
• Amendment V — No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
• Amendment XIV — All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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.
• Article 1, Section 9 — Due process.—No person shall be deprived of life, liberty or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself.

The first two Florida Statutes, I would imagine, were cited by the defense for the purpose of propping up the third, which questions the admissibility of evidence that may prejudice or confuse the jury. In the case of this motion, it’s chloroform evidence found in the trunk of Casey’s car the defense is questioning, specifically carpet and air samples.

After the preliminary introduction of the motion, the defense moved on to FACTS about the case:

FACTS

1. Miss Anthony is charged with First Degree Murder. The State of Florida has announced it’s [sic] intent to seek the ultimate penalty of death.
2. The Oak Ridge National Laboratory conducted tests on carpet samples and air samples taken from a vehicle (Pontiac Sunfire) driven by Miss Anthony at or near the time of the disappearance of her daughter Caylee Anthony.
3. Dr. Arvad Vass reported in his preliminary and final reports that there were unusually high levels of chloroform found on the carpet samples taken from the Pontiac Sunfire.
4. Dr. Vass additionally states that the levels of chloroform are much higher than normally found in decompositional events.
5. This information prompted investigators to search the Anthony family computer for searches of chloroform, which yielded positive results for “chloroform” and “how to make chloroform.” The hysteria begins.

Before I delve too deeply into the motion, remember the defense cited the above as FACTS, not assumptions or speculations made by Oak Ridge National Laboratory. Where it completely strayed from the truth is the final statement of fact, “The hysteria begins.” From there, it turned into a giant smoke screen. The defense went into, well, a defense mode, which is what is expected.

FACTS PART II: UNCOVERING THE FRAUD

In FACTS PART II: UNCOVERING THE FRAUD, law enforcement was accused of intentionally leaking information to the local and national media prior to “any official reports through the natural course of discovery.” I will acknowledge learning of the death smell from the news sometime in August of 2008, so there may be some merit to this particular aspect of the complaint. However, this information would have been released anyway, so it was not, by any means, an attempt to “either satisfy their own vanity or poison any potential jury pool” as the defense stated. Today, it’s two-and-a-half years later, and a fair jury will be seated in May come hell or high water.

What puzzles me at this point of the motion is how the defense contradicts itself. In FACTS PART II, they wrote that they traveled to Tennessee and took depositions from Dr. Arpad Vass and Dr. Marcus Wise. Both testified that the tests on the carpet sample were “qualitative” and not “quantitative.” One way to simplify this is to say it’s the motion in the ocean, not the size of the ship; but at the same time, no one is going to sail around the world in a canoe. That’s not to say flat out that the SS Casey is sinking, but it’s definitely listing. The smokesreen in this example comes from the statements that, “It should be noted that the Oak Ridge National Laboratory also took carpet samples from two Pontiac Sunfires… [and] one of the sample cars they tested ALSO had chloroform in the sample,” and “Dr. Vass, who is the author of the ORNL report is NOT a forensic chemist.” In my opinion, one not need be a forensic chemist to analyze chemical breakdowns. Dr. Vass could readily make analytical conclusions from tests of all kinds, and my guess would be that plenty of them have nothing to do with crime. Industrial spies, for example, have been tackling the secret recipe of KFC chicken and McDonald’s Special Sauce for years and years. That’s not forensics, but it takes real life chemists to break into the “Da Vinci Codes” of restaurant chain trade secrets. Who knows, maybe Dr. Vass could find out what’s really in Taco Bell’s beef. Now, that’s something that matters. Of course, it’s a civil matter, not criminal.

In the motion, the defense noted that the FBI Chemistry Unit in Quantico, Virginia, had tested four samples of the carpet and two of the four were “consistent with chloroform.” Dr. Michael Richenbach, Ph.D, told the defense during his deposition that “consistent with” means that the presumptive test results were positive, but the conclusive tests were not. Aside from all of the scientific mumbo jumbo, of which I will spare you the boredom, the point being made by the defense is, in a nutshell, that the results from ORNL and the FBI were different. Therefore, the results should be tossed out. In my opinion, the most consistent point to be made about this case to date has been the consistency of the two presiding judges, and ultimately, Judge Perry will leave it up to both sides to argue and let the jury take it from there. Laws around the country not only protect cross examinations, they encourage them, and this case is no different. The defense will have ample opportunity to shred the state’s evidence to pieces.

Here’s another interesting smokescreen, but I do not think the State, nor the judge, will fall for it. The motion makes it clear that “the other items tested by the FBI for chloroform (baby doll, steering wheel cover, and child car seat) all yielded negative results.” True, but the cab of Casey’s vehicle was separated from the trunk by a back seat. How much seepage should there have been? Police officers have been trained for years to detect the odor of marijuana in a car, and I’m talking about fresh, not smoked. It does have a pungent odor unlike anything else. While standing by the driver’s door, window down, would the officer smell it if it was tucked away in the trunk? No, probably not, but the nervousness of the occupants would be a sure sign that something’s not right. How much chloroform would it take to be overwhelming? I mean, it’s not even close to the smell of decomposition. Talk about pungent odors.

COMPUTER SEARCHES

Law enforcement ascertained that someone inside of the Anthony home searched for chloroform and chloroform recipes three months prior to Caylee’s disappearance. This is why it’s so important for the defense to crush this evidence, along with the air and carpet samples. This is highly incriminating. The defense wrote:

• Any forensic computer examiner including the ones in this case (Sandra Cawn and Kevin Stenger) will testify that you can never determine who ran what searches on a computer, especially when the computer is NOT password protected.

Okay, in and of itself, that may be true, but more about that in a couple of seconds. Incidentally, Cawn and Stenger work for OCSO and I think they know a thing or two about  computer forensics.

• The computer in question was in a “guest bedroom” and all family members not only had access to the computer, but also testified that they used the computer as well as guests who visited their home.
• Law enforcement cannot ascertain whether Miss Anthony was even home at the time the searches [were] run much less on the computer.

Now, had Judge Perry been born in the 19th century, the defense might be able to pull the wool over his eyes, but he wasn’t; nor was he born yesterday. Yes, of course the computer could have been accessed by anyone, but it is inside the Anthony home, and it’s a desktop, not a portable laptop, which could be moved around the house. By utilizing something simple, like a process of elimination, investigators can sift through a myriad of things, including time sheets. March 21, 2008, was a Friday - a work day. What time of day did the searches occur? I’ll bet you OCSO knows. If Cindy, George and Lee were not inside the house, it incriminates Casey, and with no other source, like a friend who has yet to come forward, her ship is really listing.

Here’s something the defense wrote that struck me as peculiar:

• The Oak Ridge National Laboratories (Some reports erroneously called them “body farm” perhaps for more shock appeal) reported unusually high amounts of chloroform in the trunk of Casey Anthony’s car.

What I would like to do is take to task the remark about erroneously calling ORNL a Body Farm for more shock appeal. In my opinion, the defense is trying to directly infer that the term Body Farm was something new and never used before. I assure you, that is not the truth. I can tell you I heard about the Body Farm long before I heard about the Anthony case and, as a matter of fact, thanks to my Gainesville friend, nika1, I am in the possession of a book titled, BEYOND THE BODY FARM, written by Dr. Bill Bass and Jon Jefferson. So what, you say? Yes, so what. The book was published in 2007, a year before Casey’s defense knew who she was. Jefferson & Bass (as Jefferson Bass) have written four novels about the Body Farm. The first one, Carved in Bone, was released in January 2006. In 2003, Bass & Jefferson released their first scientific book about it, Death’s Acre. To go further back in time, crime writer Patricia Cornwell published The Body Farm in 1994. She drew her inspiration from Dr. Bass and his work. As a matter of fact, he is recognized as the father of the Body Farm, long before Jose Baez was practicing law.

Why did I title this post From the Frye pan into the Fyre, you ask? Even the prosecution misspells…

MOTION TO STRIKE DEFENDANT’S MOTION TO EXCLUDE UNRELIABLE EVIDENCE PURSUANT TO FYRE (CHLOROFORM)

In the second part of this article about chloroform evidence admission, I will delve into the scientific and legal aspects:

PART II - The FYRE

This information prompted investigators to search the Anthony family computer [duh?] for searches of chloroform, which yielded positive results for “chloroform” and “how to make chloroform.” The hysteria begins.

State calls defense motions "in limine" lemons

“… most convictions result from the cumulation of bits of proof which, when taken singly, would not be enough in the mind of a fair minded person. All that is necessary, and all that is possible, is that each bit may have enough rational connection with the issue to be considered a factor contributing to an answer.”

- Judge Learned Hand in United States v. Pugliese, 153 F.2d 497, 500 (2d Cir. 1945)

The state of Florida just filed its  response to several motions in limine filed by Casey Anthony’s defense. Remember, in limine is just a fancy Latin way of saying “on the threshold.” They are motions filed asking the court to prohibit or limit certain testimony or evidence at trial. In this case, the prosecution struck back at seven of them, as if that’s a lucky number. I guess it depends on how Judge Perry interprets the law, which means that luck will have no bearing at all. They are:

1. Motion in Limine to Preclude Testimony or Alleged Statements of Witness Anthony Lazaro Connected to Inquiries, Conversations, or Interrogation by Corporal William Edwards Related to Sexual Relations with the Defendant
2. Motion in Limine to Preclude Testimony Connected to Questions and Responses of Witness Anthony Rosciano in the Interview by Corporal Yuri Melich and Sergeant John Allen Related to Sexual Relations with the Defendant
3. Motion in Limine Regarding any Testimony that the Defendant has a History of Lying and/or Stealing
4. Motion in Limine Regarding Testimony of Neighbor Brian Burner in Reference to the Shovel
5. Defense Motion to Exclude Irrelevant Evidence of Tattoo
6. Motion in Limine to Prohibit the Use, in any fashion of Internet MySpace References Attributable to the Defendant as “Diary of Days”
7. Motion in Limine to Prohibit the Use, in any fashion, of a Posting on the Internet MySpace References Attributable to Cindy Anthony, the Mother of the Defendant

Before I go any further, I must address a couple of things. I realize the prosecution and defense are not competing against each other in a spelling bee, but wouldn’t you think they would know how to spell Lazzaro and Rusciano by now? After all, both men will be crucial to the case, especially Lazzaro. Oh, and what’s with all those capital letters, if I may add my 2 cents worth? With all of the other letters capitalized, at least the $3.00 and $5.00 words, what happened to fashion, and since when was Myspace written with a capital S ? If you believe it’s MySpace or My Space, don’t think I didn’t do my homework. Am I nitpicking? Well, I guess it’s not all that important, except for the slight chance the defense will try to have the case thrown out on a technicality, which would be preposterous…

“Your Honor, my client dated Lazaro and Rosciano, not the other two guys.”

“Overruled.”

The defense was careful to point out the significance of following stringent due process standards established by the Supreme Court since this is a capital case and death is different. However, and in my opinion, each and every case argued in a court of law is important, regardless of its magnitude. I am certainly not alone in this view, and one thing any prosecution should never strive for is the conviction of an innocent person. This particular prosecution seems to be on the up and up and not overzealous. They are also much more organized than Casey’s defense, at least at this juncture, and they argue well. For example, the response was quick to point out that “in order for any evidence to be excluded, the evidence would have to have the effect of inflaming the jury, or improperly appealing to the juror’s emotions.” This is a recurring theme in the state’s rebuttals.

In some cases, it’s just plain common sense that should dictate the judge’s decision on the in limine motions filed by the defense. I understand fully the reasons why a good defense files a lot of motions, one of which I have explained before; that you throw everything at the wall and hope something sticks, and if all else fails, throw the kitchen sink and pray it pokes a giant hole in the wall the prosecution has built. “Relevant evidence is relevant evidence, hearsay is hearsay, and improper character evidence is improper character evidence despite the crime or the penalty.” Rules of evidence “should never be abrogated or applied any differently” because of the punishment the defendant is facing. In other words, it is what it is, or what you see is what you get. Florida Statute 90.401 states that relevant evidence is evidence tending to prove or disprove a material fact. The prosecution cited this statute and a quote from McCormick on Evidence §185 that says relevant evidence “has a tendency to establish a fact in controversy or to render a proposition in issue more or less probable. To be probable, evidence must be viewed in light of logic, experience and accepted assumptions concerning human behavior.” One way to look at this is simple. In and of itself, to borrow a neighbor’s shovel is meaningless, but coupled with other bits of circumstantial evidence, a clearer picture may arise about why the shovel was borrowed and for what purpose. As the state wrote, “Each item of evidence is a link in the chain of proof.” Also, as Judge Learned Hand wrote, “[I]ndividual pieces of evidence, insufficient in themselves to prove a point, may in culmination prove it,” because the “sum of an evidentiary presentation may well be greater than its constituent parts.”

The state’s response also looked into prejudicial v. probative analysis under F.S. 90.403, regarding exclusion on grounds of prejudice or confusion: “Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence.” What happens here is anyone’s guess, because the state acknowledges that the “trial court has broad discretion in determining the admissibility of evidence and in weighing its probative value against any prejudicial effect.” It is at this point the state argues its case against the motions in limine filed by the defense.

ARGUMENT REGARDING MOTION IN LIMINE TO PRECLUDE TESTIMONY OR ALLEGED STATEMENTS OF WITNESS ANTHONY LAZARO [sic] CONNECTED TO INQUIRIES, CONVERSATIONS OR INTERROGATION BY CORPORAL WILLIAMS [sic] EDWARDS RELATED TO SEXUAL RELATIONS WITH THE DEFENDANT and MOTION IN LIMINE TO PRECLUDE TESTIMONY CONNECTED TO QUESTIONS AND RESPONSES OF WITNESS ANTHONY ROSCIANO [sic] IN THE INTERVIEW BY CORPORAL YURI MELICH AND SERGEANT JOHN ALLEN RELATED TO SEXUAL RELATIONS WITH THE DEFENDANT

As I argued in an earlier post about the rather sticky subject of sex, the state was careful in wording its response. The relationship with Rusciano predated the disappearance of Caylee, so what transpired in the bedroom is of little to no value. Lazzaro’s, however, is a different story. Casey slept with him every night after Caylee was last seen. This continued until he left for New York, but of importance is what Casey was like. Common sense tells us that a mother, ANY MOTHER, would be so incredibly desperate to find her missing child, sexual intimacy would be totally out of the question.

The state adds that “the existence of an intimate relationship between the two during the time frame when Caylee Anthony was last seen and when she was reported missing by her grandmother is highly relevant.” I certainly agree. According to Lazzaro, Casey never mentioned her missing daughter to him other than to tell him she was with her grandmother, Cindy, or the nanny. This is extremely important in painting a picture of Casey’s demeanor on June 16, when the state says Caylee was last seen, through July 15, when the party door slammed shut. When Lazzaro learned of the “kidnapping”, one of his first text messages to Casey expressed incredulity that she never told him anything about it the whole time she was with him. How odd.

ARGUMENT REGARDING MOTION IN LIMINE REGARDING ANY TESTIMONY THAT THE DEFENDANT HAS A HISTORY OF LYING AND/OR STEALING

As Cindy once said, a liar does not a murderer make. That’s true, but when it’s part of the time frame between June 16 and July 15, should it matter? The state acknowledges the difficulty of bringing it up if Casey never takes the stand and cannot be cross examined. There is also the issue over how long Casey had been doing it. Most of her life? While Cindy pursued the truth about her granddaughter and Casey continued to lie, I don’t see any evidence that this was the first time Casey lied about anything. She was (and remains) a born liar. To be honest, I don’t know any murderer who desires to tell the truth about what they did, so this defense motion in limine, in my opinion, could go either way with the judge. The state says her lies are “relevant to the conciousness of guilt which may be inferred from such circumstances.” To me, inferred is too flimsy of a word.

ARGUMENT REGARDING MOTION IN LIMINE REGARDING TESTIMONY OF NEIGHBOR BRIAN BURNER IN REFERENCE TO THE SHOVEL

If you ask me, this one’s a no brainer and I shouldn’t have to cite anything from the state’s official response. Common sense dictates the answer. The child was missing long before anyone knew it, the car smelled like there was a dead body in it, a shovel was borrowed, but not used, and the body was eventually found tossed in the woods around the corner from the house. I say, if the judge decides the shovel is of no relevance because it “could” have been used to dig up some nonexistent bamboo roots, then the remains must be tossed, too, because there’s no solid proof Casey “could” have thrown them in the woods. Or did. Does that make sense? Good. By the way, I have bamboo in the front yard and I’ve never seen a root, let alone tripped over one. It grows in clusters and most of it was grown here for a reason. Usually, you find it facing north because if buffers the cold wind that comes down from the north. It was used to help protect citrus from freezing air.

As for the shovel, it will go hand in hand with what Brian Burner indicated he saw. On three separate days, the defendant backed a vehicle into the garage. That’s something he had never see her do before. We can draw our own conclusions, but the state left this question for the court: “Does the evidence of borrowing a shovel from the neighbor within two days of the child missing have a tendency to render a proposition in issue - that it was borrowed with the intent to conceal remains - - more or less probable?” You can decide for yourself.

ARGUMENT REGARDING DEFENSE MOTION TO EXCLUDE IRRELEVANT EVIDENCE OF TATTOO

Once again, this is an easy one to figure out, and the state said it best in its final sentence about this motion. “The tattoo is relevant to show the Defendant’s state of mind during this time period, and the inscription obtained can certainly be read either as an epitaph for her daughter, or signaling a new beginning for herself.” Does this seem like a person waging their own investigation into the disappearance of their child?

ARGUMENT REGARDING MOTION IN LIMINE TO PROHIBIT THE USE, IN ANY FASHION, OF INTERNET MYSPACE REFERENCES ATTRIBUTABLE TO THE DEFENDANT AS “DIARY OF DAYS”

and

ARGUMENT REGARDING MOTION IN LIMINE TO PROHIBIT THE USE, IN ANY FASHION, OF A POSTING ON THE INTERNET MYSPACE REFERENCES ATTRIBUTABLE TO CINDY ANTHONY, THE MOTHER OF THE DEFENDANT

I lumped these two motions together because they are similar, in my opinion. Casey wrote a passage in her Myspace page on July 7 that the defense attributes to a song written by Hayden Christianson. To be quite frank, I am of a completely different generation than Casey. As much disco/punk/goth/mosh/hip hop/etc., etc. styles that have passed by me through the years, and my own changes in music appreciation and lack thereof, I can’t make a call on it. Is it from a song? Is it from a poem? Did Casey make it up? Does it mean anything? I don’t know, and that’s where the wisdom of a judge takes control. Allow it and let the two sides battle it out if it’s all that important. The same thing is true with Cindy’s entry in her Myspace account. After not seeing her granddaughter for several weeks, she asked Lee to help her post an important message to Casey. As to the meaning of the posting, the state will not attempt to argue that Cindy knew her grandchild was dead. Cindy was desperately seeking Caylee and her daughter kept them apart. Casey ignored her mother’s pleas and this will show the relationship that existed between the two. There wasn’t much of one.

Well, there you have it. My thoughts on some of the motions that will determine the make-up of the impending trial. In order for the defense to mount a strong case, it will have to overcome the almost insurmountable evidence, albeit circumstantial, against their client. As of today, this is a case the state can readily win. Do I blame the defense for filing any of these motions? Of course not, but even if it wins 3 or 4 of them, it’s still quite an uphill battle. No matter what, how Casey acted during the month her daughter was missing will be her biggest hurdle to overcome.

One final thought regarding the $583 sanction against Jose Baez - I talked to an attorney about it and he said that it’s not necessarily a bad thing. I know Judge Perry refused to consider another look at it today, but sometimes a lawyer will find that the fine is worth it when it comes down to how much time the defense can buy to keep important information out of the state’s hands. Was this the case here? I can’t say, but in the long run, will it really hurt Baez? After the trial is over, life goes on and he continues to represent clients. Vita perseverat.

Get Bent

Dura lex sed lex. That’s Latin for “the law is hard, but it is the law.” Such will be a lesson learned by the defense in the courtroom today, I’m afraid.

What was scheduled to be a status hearing has turned into one of greater magnitude, and one that Casey must attend. She hasn’t appeared in court since the July, when her mother and brother took the stand over the admission of Cindy’s 911 calls.

While the status of the case will still be discussed, two defense motions will also be heard, and that will include counter motions filed by the JAC and the Orlando Sentinel. Defense attorney Ann Finnell recently filed a motion that asked Judge Perry to set a cautionary budget for costs she expects to incur to properly represent Casey prior to a sentencing phase; to be prepared if she is convicted of capital murder. The next motion will once again ask the judge to reconsider prior rulings over the public’s right to see Casey’s jail records, including phone calls, visitor logs and commissary purchases.

I don’t want to venture a guess about the money issue. The defense is requesting an additional $12,000 for investigative work on top of the money their mitigation specialist is asking for. This is too tough to guess, so I’ll focus on the issue over the disclosure of certain records.

First off, let’s make it clear that the defense is once again asking for more than the judge needs to give. In the MOTION FOR RECONSIDERATION, the defense cited a recent ruling by the Fourth District Court of Appeal, Bent v. Sun Sentinel, which ruled that jail “audio recordings of the defendants’ phone calls are not public records subject to release.” What this did, in effect, is put a temporary end to releasing phone calls, which are recorded surreptitiously for security reasons. On the other hand, the ruling did not address any jail logs whatsoever. This means who called, when and how long they spoke, are not subject to the ruling.

Right now, Casey has “three Standing Objections of Abuse of Florida Statute Chapter 119.01 complaining of the release of public records,” according to the Orlando Sentinel’s motion. The Sentinel went on to suggest that this defense “essentially asks the Court to shut down the media and the public’s statutory and constitutional right to public information.”

The Sentinel continues to argue that neither the public nor the media “are required to show a legitimate interest or purpose in order to obtain public or judicial records.” Here, I have one slight qualm with the Sentinel’s mention of judicial records. The jail does not fall under the judicial branch, and for that reason alone, the judge cannot rule in favor of the defense. He has made it abundantly clear he holds no power over the legislative branch, which governs this sort of disclosure. Timoney v. Miami Civilian Investigative Panel, 917 So. 2d 885, 886 n.3 (Fla. 3d DCA 2005) stated that “generally, a person’s motive in seeking access to public records is irrelevant.”

Judge Perry has, on more than one occasion, stated that he was not going to reinvent the wheel, meaning he will not rewrite Florida’s Public Records Act, which we recognize as Florida’s Open Government in the Sunshine law. Today, he will rule the same way he has in the past. There is no doubt that jails and prisons in Florida will comply with the Bent v. Sun Sentinel ruling and keep recordings locked up for the time being, but I am certain it will work its way up to the Florida Supreme Court and beyond.

The defense believes that the disclosure of jail records will deny her the right to a fair trial. I disagree and so does the Sentinel. Although I don’t care about Casey and her orders of nachos, I find it hard to believe her phone log, visitor log and commissary purchases would prejudice a jury. Instead, perhaps the defense should halt all post-hearing press conferences and ask the court to place a gag order on this case. The judge might be willing to comply.

§

Veritas vos liberabit! See you in court.

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)