Casey Anthony Court Hearings - 4 March 2011

The motions below are scheduled to be heard today (click titles to read text of motions).  In addition, there was another motion to be heard at 8:45 this morning, but it didn't pan out.  Judge Perry was not happy that start time was delayed.  Court instead began with WFTV's motion (granted), then moved on to continuance of testimony on the Defense Motion to Suppress Statements of Anthony Family et al.  

Det. Yuri Melich was called by the defense.  Jose Baez tried very hard to get Melich to admit that Casey was a suspect right off the bat in the investigation.  Melich says he lied to her when saying things she'd told him when he took her statement were suspicious.  This is a police tactic to elicit information.  He said he considered her the mother of a missing child, not a suspect.

Melich also testified on cross that the Anthonys were relentless in insisting that somebody go talk to Casey.  He said he repeatedly told them that unless she reached out to them, LE couldn't talk to her because she was represented by counsel.  LE told them that if Casey reached out, either with or without her attorney, then they could talk to her.  Melich denied Baez's assertion that he "constantly encouraged" members of the Anthony family to question Casey and feed answers to LE.

Sgt. John Allen was recalled to the stand to complete his testimony.  He also denied that he "constantly encouraged" the Anthony family to question Casey outside the presence of her attorney.  George Anthony made faces and shook his head in disagreement with Allen the entire time.  If I were he, I would heed the judge's warning yesterday that there was to be no gesturing, talking, faces in the gallery.  This judge means business.

When Burdick finished cross of Allen, Judge Perry asked if Baez had any further questions.  Baez responded, "No, Judge, we'll just let the record...." Objection by Burdick to editorializing by Baez.  Judge Perry gave a very stern warning that there would be no editorializing by either side.  He said the attorneys didn't want to know what would happen if they disobeyed that order.  I think it's the first time I've heard him raise his voice that way.  He was hot under the collar!

WFTV Notice of Hearing for Motion to Strike

WFTV has filed a motion to strike its reporter, Kathy Belich, from the defense's Supplemental Witness List and has noticed the motion for hearing on March 3rd.

Result:  Motion to Quash Subpoena for Kathy Belich was granted.  Judge ruled that the defense did not overcome the burden of the three-pronged test for reporter privilege exception.

State's Motion To Strike Defendant's Supplemental Witness List

The state contends that the defense filed its supplemental witness list outside the time frame ordered by the court and failed to show good cause for having done so.  On the court's own motion, the defense is given the opportunity to show good cause for failing to comply with the court's order.

Result:  Defense agreed to remove the attorney from NY (Marvin Schecter) from the witness list.  Kathy Belich was removed via the judge's granting of motion to quash her subpoena this morning.  State agrees that defense showed good cause in their response for late filing of third witness, Kenneth Drupiewski.

State's Motion To Strike Defense Motion To Exclude Chloroform

The state contends that the defense's motion to exclude chloroform evidence pursuant to Frye is insufficient and should be stricken.  First, the evidence isn't subject to Frye because the means of testing (gas chromatograph/mass spectrometer) are routinely accepted; secondly, the defense didn't support its motion with authorities.

*A note about Frye:  Florida uses the Frye standard when there is a challenge to evidence as "novel" or outside the generally accepted scientific norms.  The original case (US vs. Frye, way back in 1923) involved a defendant who wished to present results of his lie detector test to help prove he didn't commit a murder.  The court ruled the results inadmissible since the technique wasn't based on generally accepted scientific principles.  Scientific evidence must fall within the parameters of "generally accepted" within its field.  On the other hand, "pure opinion" testimony (based on the personal observation and experience of an expert witness -- and not on scientific principles) is not subject to the Frye test.

Result:  As I understood it, the defense argued that the trace amounts of chloroform found cannot yield reliable scientific conclusions and is therefore subject to Frye.  The state argued that it is generally accepted practice. Judge will reserve ruling on this motion for now.  Update:  State's Motion DENIED by Judge Perry's Order signed 18 March.  The chloroform evidence will be subject to Frye hearing.

State's Motion To Strike Defense Motion to Exclude Unreliable Evidence - Plant Growth

The state contends that the defense's motion to exclude plant and root growth evidence from Dr. David Hall is legally insufficient in that the testimony will be "pure opinion" as opposed to novel science and, as such, is not subject to the Frye test.

Result:  The defense does not admit that Hall's evidence is "pure opinion" testimony; they believe he conducted "novel" type experiments and that his evidence is subject to Frye. The state denies he conducted experiments.  The judge will reserve ruling on this motion for now.  Update:  State's Motion GRANTED by Judge Perry's Order signed 18 March.  This doctor's testimony will not be subject to Frye hearings.

State's Motion For Rule To Show Cause

The state contends that the defense failed to comply with a court order to list, by February 17, all issues the defense would be objecting to in accordance with Frye.  The defense claims "confusion" over the court's order.  The state wants defense counsel Jose Baez to show cause why he should not be held in contempt for failing to comply with the court's order.

Result:  The state and defense resolved this issue between themselves.  Jose Baez addressed the court and basically said that he would never intentionally disregard a court order.  He further said that sometimes his passion for advocacy can overcome his professionalism and apologized directly to Jeff Ashton for comments made to him both publicly and privately.  Ashton accepted the apology.

Judge Perry offered very eloquent commentary about the justice system and thanked the parties for doing as he asked to resolve the matter.  He told them that he realized both sides were passionate and that from time to time, that passion would surface.  When it does, it's his job to constrain them, he said.  He was very happy the parties worked things out and lauded their common decency in doing so.

I think the world of this judge.  He is fair and considerate to everyone, but he does not suffer fools or shenanigans in his courtroom -- and no one is ever gonna pull one over on him.  When he says something, he means it.  You can bank on it.  He is always prepared, always several steps ahead of everyone else.  There couldn't have been a better choice of judge to oversee this particular trial.

Just a reminder that I try to be as accurate as possible, but if I've missed something or made an error, please feel free to leave a comment so I may correct.  Thanks.

Casey Anthony Court Hearings - 3 March 2011

Judge Belvin Perry will continue to hear multiple motions today in the Casey Anthony murder trial.  Court is scheduled to convene at 9:00 am ET.  The defendant is required to attend.  Join me on Twitter for live updates: @TrialNotes

Thursday morning, testimony continued in the Defendant's Motion to Suppress Statements of Law Enforcement.  As I mentioned yesterday, the point of the testimony the defense is presenting is to try to show that LE considered Casey Anthony a suspect in Caylee's disappearance very early on; that she was effectively in custody (a reasonable person in the same position would not feel free to leave); and that they failed to Mirandize her in violation of her constitutional rights.


The first witness the defense called was Sgt. Hosey, the supervisor on scene the night of July 15, 2008.  He did not recall seeing Anthony cuffed or instruct that the cuffs be removed, but through events that unfolded since, he realized that he did say to uncuff her.  Jose Baez showed Hosey his deposition where Hosey denied knowing Casey was cuffed and asked, "Not only do you now remember she was handcuffed, but that you told someone to remove the cuffs?"

Turns out Hosey had watched or heard some media reports of others' testimony and realized he had indeed instructed that she be uncuffed.  Witnesses are not supposed to talk to each other or watch media about the case.  He said he didn't hear it on purpose, that it came on the news while he was dressing, but he already knew of it by that point.  Baez also brought out that Hosey did not include any statements Casey made to him in his report, but now (2+ yrs later) he's testifying that she said things to lead him to believe this was a domestic incident rather than a criminal one.  He was a very poor witness as an LEO, in my opinion.

Burdick somewhat repaired the damage on cross by pointing out that she, herself, had actually told Hosey that Deputy Eberlin had said Hosey directed the cuffs be removed.  She also established that Hosey was under the impression this was more a domestic squabble type situation than anything else.  He walked with Casey outside and she told him Caylee was fine, that her overbearing mother was just trying to cause trouble.  This is important because it helps show that LE did not consider Casey a suspect at that time and had no cause to Mirandize her.


The final witness called for this motion was Sgt. John Allen.  Baez asked him whether, when he picked Casey up for the trip to Universal, he told George or Cindy Anthony that she might not be coming back as George and Cindy claim.  Sgt. Allen said he did NOT tell them that.  With that, the hearing on this particular motion was concluded. 

Update:  Defense's Motion DENIED by Judge Perry's Order signed 18 March.  Anthony's statements made to LE are not suppressed and will be allowed at trial.


Motion to Suppress Defendant's Statements Made to Anthonys, et al. 

The defense is seeking to suppress statements made by defendant (and recorded by jail) to her family members, jailhouse friends and a corrections officer.  Defense contends all these individuals were acting as agents of the state and, as a result, induced defendant to make statements; that this was in violation of the defendant's constitutional rights; that the statements are more prejudicial than probative.

Result:  George Anthony returned to the stand for this motion.  Baez attempted to show that LE interacted differently with the family once they learned Casey had retained counsel; that they were slyly implying to George that Baez was part of the problem and wanted George to go around him to get answers from Casey; that George was so desperate, he would've done anything suggested to find Caylee and keep Casey safe.

When George rode with LE to the jail for an attempted visit with Casey, he was surreptitiously recorded during the ride.  When George learned of this, he felt used because he thought he'd bonded with these guys and that they were all just talking freely and working together.  Baez wants to show that LE was using George's emotions and fears to manipulate him to circumvent the system and get info from Casey for LE, i.e., to act as their agent.  (Turns out an attorney for the Baez firm was at the jail and did not allow the visit with Casey to happen.)

On cross-examination, George became upset and contentious again.  He told Linda Drane Burdick, the state's attorney, that he wanted to challenge her; that he wanted her to change places with him.  He talked out of turn quite a bit.  The judge had to finally step in and tell him to just answer the questions.  Burdick elicited from George that his family would have investigated and done all they could to find Caylee regardless of law enforcement involvement; however, when asked whose agent he was, George maintained he was acting as an agent for the FBI and Orange County Sheriff's Office. 


Gabriel Adam, who was employed as attorney in the Baez firm in August 2008, testified that the night George tried to come see Casey, he happened to be at the jail.  He said that he felt something was just off, that the staff made him wait much longer than usual.  He saw Sgt. Allen and asked what he was doing there.  When he learned George was there to see Casey, he did not allow that meeting to happen. 

Lee Anthony was then called to the stand.  Lee testified on direct that he'd made notes of things LE needed to know and when he visited Casey in jail, attempted to ask some of those things.  Said he would've passed the info on to LE.  Lee told Casey there was a court mail system and that she could bypass her attorney and avoid having anyone read letters she might want to send to the family by using it.  He encouraged Casey to go around her attorney to communicate with him and her parents.  Baez contends this was at the behest of LE, making Lee their agent.

Burdick easily established that Lee was eager and determined to investigate on his own; that he would've made calls, reached out to Casey's friends, tried to get info from her regardless of LE and was not acting as an agent of the state. 

Sgt. Moonsammy at the jail testified that he was directed to retrieve a letter from Casey.  He had to leave for a bit and told Officer Baker to get the letter when it was ready.  As she said in her own testimony, she did so.  Moonsammy then gave it to Major Johnson (this was the letter Casey wrote to the Sheriff). 

Sgt. John Allen was called next. He testified that the Anthonys brought concerns to LE about Baez and advised them LE could not talk to Casey directly unless she reached out to them. He will return Friday to continue testimony.

Update:  Defense's Motion DENIED by Judge Perry's Order signed 18 March.  Anthony's statements made to her family and others are not suppressed and will be allowed at trial.

Casey Anthony Court Hearing - 2 March 2011

Judge Belvin Perry will consider multiple motions today and tomorrow in the Casey Anthony murder trial.  Court is scheduled to convene at 9:00 am ET.  The defendant is required to attend these hearings.

To kick things off this morning, an attorney for George and Cindy Anthony asked the court to release them from witness sequestration so that they can sit in on testimony from others.  The state argued against that, saying allowing them to hear testimony from LE and others could influence their own testimony.  Judge Perry agreed, saying he also believes it could color their testimony.  As a compromise, George and Cindy were allowed to testify first today; they may now return to the courtroom if they wish.  That ruling was for today only.

Defense attorney Jose Baez tried to take the proceedings out of order by asking to be heard on what he called "attacks on defendant's counsel" because defendant "deserves" to have that resolved right off the bat.  (He's referring to the state's motions to show cause and for contempt.)  Judge Perry said no, that they would take things in the originally planned order.

The following motions were heard today (click titles to read full text of motions):

Motion In Limine To Exclude Video Footage (Jail)

Defense contends that the video recording of defendant in the jail's medical clinic, when she learned of remains being found, was set up specifically to elicit a reaction from her; that said reaction is irrelevant to the case; that the prejudicial nature of the video outweighs any probative value.

Result:  The state is not going to try to introduce the video, so this motion is now moot.

Motion to Quash Subpoenas and/or for Protective Order

This motion is brought by Orange County on behalf of its Corrections Department.  The defense has subpoenaed several Corrections employees for the entirety of the two-day hearings.  The county contends that three of these employees (administrative/records employees Lt. Deanne Adams and Officer Cindy Corrado, along with Mary Jo Dykes, RN) have not been listed as witnesses in the case and have never even been interviewed or deposed; therefore, the subpoenas requiring their presence should be quashed.

If the subpoenas are not quashed, the county asks for a protective order specifying a time/day for appearance of these witnesses (along with three others who actually have been deposed) because it is unduly burdensome on the county and taxpayers to require these six employees to spend up to two full days waiting to be called as witnesses.

Result:  The nurse has been released from subpoena; all others are required to be on 2-hr. standby.

Motion to Suppress Defendant's Statements to Law Enforcement

Defense contends that statements made by defendant to law enforcement should be suppressed because law enforcement had custody and control of the defendant to the point that she did not feel free to leave their presence, and that they should have advised her of her Miranda rights at that point, but didn't.  They contend that from her handcuffing the evening of July 15, 2008, through her "formal" arrest, any statements she made to law enforcement should be thrown out on the basis of failure to Mirandize.

Result:  So far, both George and Cindy Anthony have testified.  Cindy seemed a bit weaker in spirit than in the past, but you could see the wheels spinning when she would hesitate before answering cross-exam questions -- she wants to be sure she gives the "right" answer.  When she stumbled, she addressed the state's attorney by first name and said (paraphrasing), "Linda, this is very difficult for me...I'm not stupid, just distressed."

George, on the other hand, was contentious and angry with Burdick in several exchanges -- he stated the lack of an Amber Alert being issued was a sore point; in another instance, he accused Burdick of trying to put words in his mouth; in one exchange, the Judge had to actually call him down and tell him to answer yes or no.

It is very obvious these two got the memo about how the defense needs to have the questions answered and which points to try to drive home.  Regardless, Burdick patiently and deftly elicited from both that officers were at the home at the request of the family, never coerced or intimidated any of them, and that Casey was very cooperative, freely and voluntarily speaking with officers and going to Universal with Det. Melich to Universal.

In other words, Burdick dismantled the direct testimony of Mr. and Mrs. Anthony which attempted to show that, to the family, Casey was effectively "in custody" or "under arrest" and should have been Mirandized.

Deputy Ryan Eberlin testified that he handcuffed Casey after Cindy told him that she didn't want LE to leave unless/until Casey revealed Caylee's whereabouts and that if pressing charges against her for fraudulent use of Cindy's credit cards was necessary, to go for it.  Eberlin walked a cuffed Casey to his car and placed her inside.  His supervisor saw her in cuffs and directed Eberlin to remove them.  Eberlin said the time from cuffing to removing cuffs was no more than 4-5 minutes, and that that was the only time she wouldn't have been free to leave if she'd wanted to.

*More testimony coming up on this motion after the lunch break.  Will update when finished.

Deputy Adriana Acevedo testified that she took Casey in her patrol car to Sawgrass Apartments so that she could point out the last place she saw Caylee.  Her supervisor followed in his car.  Upon arrival, Casey pointed out to the supervisor where the apartment was while she and Acevedo remained in the latter's patrol car.  Casey was in the car a total of 35 mins, from leaving her home, traveling to Sawgrass, and returning home.

The defense made much of Casey being seated in rear (caged) part of vehicle, attempting to show Casey was in custody and not free to leave if she wanted. Acevedo said it is her standard procedure to pat down all witness passengers and have them sit in rear of car.  She also said she advised Casey prior to going that she didn't have to do it and could speak up and call it off anytime she wanted.

Detective Yuri Melich testified this afternoon as well.  Defense counsel Baez tried his best to get Melich to admit that he was suspicious of Casey from the get-go.  Melich did not give Baez what he wanted.  Melich said that, even though some of Casey's statements were odd, he considered her first and foremost the mother of a missing child and treated her as such.

Melich said he did not consider Anthony a suspect the night/early morning he was brought into the case.  Even after he learned from security at Universal that Casey's claim of working/having an office there was false, he felt there must be more to it since he just couldn't fathom someone lying to that extent.  He never Mirandized Anthony before or after her arrest.  After arrest, he did not directly question her, he said, but relayed information to her and made small talk.

Baez was so desperate to get Melich to admit to viewing Casey as a suspect early on that he made his client look guilty as hell in an attempt to win the point with Melich.  He kept asking, "Even after you discovered/she told you ______ [fill in blank with one Casey-lie or another], you STILL didn't see her as suspicious?"

At one point, Melich brilliantly asked Baez what it was Casey had told him up to that point that he could know wasn't true.  Baez stumbled in answering, realizing for the first time, I think, the terribly negative and deceptive picture he'd painted of his client during his questioning of Melich.

Melich said he found some things interesting and curious, but that he continued to view Anthony as the parent of a missing child.  After the Universal Studio lies, though, he became suspicious.  Baez attempted to get Melich to admit that Casey was effectively in custody while being interviewed at Universal.  Melich did not cede that point.

As with the other LE witnesses, Burdick ably walked Melich through the timeline and events of late evening/early morning July 15/16 2008, eliciting that he never gave Casey or her parents any indication whatsoever that Casey wasn't free to move about or leave if she so chose.  Anthony behaved cooperatively, never asked if she were under arrest, never asked to use a phone, never asked to go home, never asked for her parents, never asked for an attorney.

Cheney Mason was more effective as an examiner with earlier witnesses than Baez was in his direct exams, especially that of Melich.  In my opinion, Baez should have left the questioning of Melich to the more experienced Mason.

Almost the entire day was spent on this one motion, and it isn't even finished yet.  Hopefully, there will be time to hear the rest of the motions Thursday, but I wouldn't count on it.  I'll be live-tweeting Thursday's proceedings: @TrialNotes

Please note that I try to be as accurate as possible but am bound to make mistakes.  Corrections/clarification always welcome!