25 May 2011

Casey Anthony Trial - Day 2 - Afternoon Session

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The defense renewed a motion to preclude testimony about the neighbor's shovel coming into evidence (he is the next witness). The judge denied that motion.

Witness: Brian Burner

Direct by George. He is the next-door neighbor of the Anthonys who loaned Casey a shovel. On June 17th, he saw her car backing into the garage at the Anthony home. Doesn't recall seeing it leave. The next day, June 18, he was doing yard work when Casey approached him and asked to borrow a shovel to dig up a bamboo root. He loaned her his shovel. About an hour later, she returned it. On the 19th or 20th, he saw the car back in again, but did not see anyone and doesn't know how long it was there.

Baez on cross asks if Cpl Edwards told him to close his eyes and try to remember the dates. Yes. Did he also tell him that sometimes with time you can remember things you didn't earlier? Yes. Does witness agree with that? To an extent, yes. Burner did not pay enough attention to know whether Anthony previously backed her car into the garage. The shovel was not muddy and Casey wasn't sweaty when she returned it.

Re-direct by George. Witness told Cpl Edwards about a pickup he saw in the Anthony driveway on the day the gas cans were taken. He says he heard voices and saw Casey and a man in the driveway but couldn't hear any of what was said. Does not recall if her car was there.

Re-cross by Baez. Witness says shovel was turned in to the FBI. On the 17th, after Burner talked to LE, there were media parked outside his home. He said they were there for months (state objects - beyond the scope; judge sustains). Baez remarks that witness said Anthony seemed normal and asks "What is normal?" (state objects - beyond the scope; Baez says he done anyway).
(Will finish up with rest of witnesses later this evening).

Witness: Jamie Realander

Direct by the state. Witness was a shot girl at Fusion and met Anthony there. Said Anthony seemed happy, like a nice person to be friends with. She understood through one of the other girls that Anthony was the one to go to if any of them had questions related to the shot girl job. She was working June 20 and saw Anthony participate in the hot body contest. She is shown a photo of Anthony and another girl dancing, with witness sitting off to the side. She identifies herself and Anthony in the photo.

Realander said she can't recall if Anthony ever talked to her about what to wear, but that she would "pass" their attire (approve, I guess?). One night a large group was kind of rowdy and one of them tried to grab a shot girl and scratched her stomach. For their own protection, she says, Anthony sent all the shot girls home for the night.

On July 15th, had a conversation by phone with Anthony. Anthony told her she was going to Universal that day and to pick up Caylee. That's the first she ever knew that Anthony had a child. She told Realander her child had a birthday following month and Realander was invited to the party.

She received a text from Anthony the day after Caylee was reported missing asking for help finding her.

Cross by Baez. Did anything happen at Fusion that had anything to do with Caylee? No, she says. Witness said Anthony was always kind at work, treated others with respect, protected the shot girls, looked out for them.

Re-direct by George. When photo was taken June 20, did Anthony tell you her daughter was missing, kidnapped, that she needed help finding her? No, says witness. But she acted as a protector for *you* he asked. Yes, said witness. (That was brilliant...inference being that Anthony would protect shot girls but not her own child.)

Witness: Erica Gonzalez

Direct by George. She was also a shot girl at Fusion. Said Anthony was basically the manager of the shot girls. They would tell her what they were wearing, but she didn't make suggestions or tell them what they had to wear. Anthony was protective of the shot girls and drew a specific parallel between caring for them and caring for her daughter.

Anthony never let on that her daughter was missing/kidnapped, never asked for help finding her. She was never upset, always happy, always kind to everyone.

When Gonzalez learned Caylee was missing, she sent Anthony a text offering to help if there were anything she could do.

Cross by Baez. He asks if Anthony were kind, treated them all with respect, courteous, looked out for the shot girls. Yes to all, the witness stated.

Witness: Anthony Lazzaro

Direct by George. Lazzaro is from New York. He lived in FL while attending Full Sail, Aug 2007-2009. He and a friend set up a DJ/promotion company called "DBC." They met with owner at Fusion who was receptive and set up some shows beginning in June 2008. He was taking classes at the same time.

Lazzaro met Anthony through Facebook's "area people" search. They decided to meet in person at the end of May at a birthday party for one of his friends. He made the party an "event" on FB and sent invites to everyone, including Anthony, who said she'd be there. His first impression was that she was a pretty girl, and they hit it off.

Shortly thereafter, they made plans to see each other again and began dating on a regular basis. He didn't go to her place; she always came to his. In the beginning, she'd come over 2-3 times a week. Brought her daughter with her a few times. They all went to a pool party at his complex on June 2nd.

Sometimes Casey would bring Caylee with her to visit. On June 13th they all went to the mall. He handed out promotional flyers while they walked around the mall. Afterward, they went to Cheesecake Factory for a late lunch and then returned to his apartment. Caylee never spent the night there. That day was the last time he saw Caylee.

Anthony told Lazzaro that she worked in event planning for Universal. She would wear a Universal badge with her photo on it. She talked about specific people at work, including "Jeff." She told him that either her mother or her babysitter looked after Caylee. He recalls her saying "Zanny" was the sitter's name. He does not recall her ever saying where Zanny lived or whether she cared for other children, but she would mention specific times that Caylee was with Zanny.

The hip hop showcases he was promoting were on Fridays. On June 13, he went to Fusion for the showcase. Anthony attended the event. He, Clint House and two other promoters hired the shot girls and instructed them. At one point, Casey wanted to help out, so he told her she could help keep the shot girls in line.

After the June 13 showcase, Anthony spent the night for the first time at Lazzaro's apartment. Beginning mid-to-late June, Anthony began spending more time there -- basically living with him.

On June 16 2008, he saw Casey around 6:30 or 7:00 p.m. They went to Blockbuster to rent a movie. (A copy of the video surveillance from Blockbuster is shown and he IDs himself and Casey.) He said she was happy to see him, having "a grand old time." She didn't cry, act scared, nervous or tell him her daughter was missing or that anything was wrong with Casey herself. There was nothing different about her demeanor that night than any other time he'd previously seen her. She stayed over that night and every night from then on.

Lazzaro does not recall any of Caylee's clothing, toys, stuffed animals being in the apartment...maybe a book, though.

After Casey spent the night on the 16th, Lazzaro said he played hooky the next day and spent it in bed with her. It was still a new relationship; he cared for her and things were going well. She was happy to be there with him that day and told him so. She gave no indication anything was wrong; didn't mention her daughter; didn't attempt to call her daughter or anyone else that he knows of.

When Lazzaro attended classes, he assumed Casey would go to work, go see Caylee, whatever she wanted to do ("She was a free woman," he said.). He said Anthony told him that her parents were moving out of their home and were going to give it to her and Caylee, and that her friend Amy would be moving in with them.

On June 20, Casey again went to Fusion with Lazzaro. There was a last minute decision to hold a hot body contest and Casey participated. His role was to make sure nothing got out of hand, more or less security for the night.). He's shown a photo of Casey wearing a blue dress and dancing with another girl and identifies it as having been taken that night.

The afternoon of June 23, Casey called him and said she'd run out of gas and needed him to pick her up, so he did. She was walking on the main road that goes south toward her house and had a backpack with her. She said she had gas at her house, so he took her there to pick it up. They parked his 97 Jeep Grand Cherokee in the driveway. No other cars were there.

They proceeded to the shed in the backyard. It was locked, so they used a tire iron to open it. He was hesitant to break the lock, but she told him it was ok, that it was her shed, and he took her word for it. They took two gas cans from the shed and returned to her car. She poured the gas into the tank of her car and then put the cans in her trunk. He didn't see inside trunk when she opened it. They went back to his apartment after that. No mood change; Anthony seemed fine.

He said when Casey took phone calls, she'd always go outside to talk. He found it a bit odd, but didn't question it. Figured it was a private matter with her mom. Never noticed her mood changing drastically after conversations with her mother. He recalls that she said to him at times she was going to call the "babysitter" and then would go outdoors to make the call.

On June 27, Casey called him saying she'd run out of gas again. She was in the Amscot parking lot. He picked her up there, but stayed in his car. She was carrying groceries; was already outside her car. He offered to take a look at the car, but she said not to worry, that her father would take care of it. He never saw her car again after that day.

Later that day, they went to JC Penney (video introduced and he IDs them on it). They went to Fusion again that night (photo shown - he in striped shirt, Anthony in black dress). As with every other occasion he was asked about, there was no noticeable change in Anthony's demeanor that night -- she wasn't upset, angry, sad; didn't say Caylee was missing/kidnapped or that she needed help.

Lazzaro took a short trip home to NY on June 30. Casey drove him to the airport in his Jeep. She was supposed to drop it back at his apartment complex. There was no agreement for her to use the Jeep while he was gone; he didn't consent to it. As for her own car, she told him her dad had taken it to a mechanic or dealership, he thinks.

George asks Lazzaro to identify Casey in the courtroom. The defense says they'll stipulate that the defendant is indeed Casey Anthony. However, the state does not stipulate and asks Lazzaro to point her out, so he does.

Cross exam by Baez. He asks for each of the three photos George showed him whether on any of those dates, Anthony talked about murdering anyone, planning to murder anyone; whether she borrowed duct tape, knife, gun. He answers no to all. Baez asks about JC Penney and Blockbuster, too -- whether she purchased duct tape, plastic bags, chloroform, weapons. Lazzaro answers no to all.

Lazzaro says he saw Caylee two or three times. It was fine with him that Casey had a daughter. He liked Caylee and says Anthony interacted lovingly with her. He said she did have to raise her voice to Caylee when she got too close to the pool on June 2, just to stop her.

Baez then asks if Casey shared a secret with Anthony, that her father had abused her. The state objects - hearsay - and Judge Perry sustains. Baez argues that it isn't hearsay but an admission of the defendant. The judge said it was a self-serving statement and told Baez to move on.

Baez then points out that Lazzaro was cooperative with LE from the beginning but that he wouldn't talk to the defense ("Didn't know I had to," Lazzaro replied.)

Baez elicits that when they got to Casey's car with the gas cans, she didn't tell him not to look in the trunk or attempt to block it in any way. Lazzaro never smelled any stench, but says he didn't actually get inside the car.

Baez needs more time to finish cross and asks to recall the witness Thursday. The judge agrees and court is recessed until 9:00 a.m. Thursday.

2 comments:

  1. Am I crazy or did the defense basically state that Casey had learned not to show emotion and to lie and go on as if nothing were going on in her life??? Then why does she cry when it is good for her. She cried every time the indictment was read and cried all through the pathetic tale of her sexual abuse but.... She could go to Blockbuster with her boyfriend about 6 hours after her daughter "drowned" and be happy as a clam NO TEARS at all but she can sure cry when it's about her. Thought she had "learned" not to show emotions. Just an observation.

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  2. That's a very good point and one the state ought to drive home in closing arguments!

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