Casey Anthony Trial - Day 3 - Afternoon Session

After the lunch recess, Baez advises the judge that since Morales lives out of state and travel might be a financial hardship for him (and the "indigent" defendant is without funds), he wants to take him out of turn for the defense. The state doesn't mind; Judge says okay, too.

Remember the photo I mentioned in the last post -- the one where Caylee has a large bruise under her eye? The parties agreed to a stipulation during the recess for the judge to advise the jury that the bruise was not a result of neglect or abuse by any person.

Witness: Ricardo Morales

Would you believe I had to retype the name because I first typed "Montalban?" Ugh...long day. ;-)

Continued direct exam by Frank George for the state. Sometime after July 16, Morales sold photos of Caylee and Casey to The Globe for approximately $4,000. (In addition to the photo where Caylee has the bruise, Morales identifies another photo of Caylee on the sofa with Casey, who is holding a guitar.)

Like every other witness so far, each time he was asked, Morales testified that he never saw any change in Casey's demeanor; she was always happy. End of direct for state.

Cross exam by Jose Baez. Baez shows a photo of an elegantly dressed couple. The woman is seated at a nicely set dinner table and the man is standing just behind her, holding a folded cloth near her face. The caption reads, "Win her over with chloroform." Morales said it was just a joke photo that he uploaded to his myspace page.

He believes he probably posted it during the time he was dating Casey, around March 2008. Did you ever mention chloroform to Casey? No, that I recall. Globe approached you about buying pictures? Yes. And you didn't talk to any other media, but when The Globe came knocking with $4k, you talked to them? Yes, says Morales. You sold them pictures of Casey and her young daughter? Yes.

Baez references a statement Morales gave to LE on July 25, wherein he remembered one night that both Caylee and Casey started out in his bed. Morales agrees that's accurate. Baez asks whether he was telling the truth then or today. Morales doesn't understand what he means. (Neither did I for a few minutes...you'll understand in a moment.)

Did you witness anything on June 16 2008, Baez asked him. Morales replied no, not in regard to Casey. He responds that he was never intimate with her when Caylee was in the bed with them when Baez asks about that.

Re-direct by George. He asks if Morales knows what chloroform is. He replies he thinks it's a chemical that puts people to sleep. He never searched for chloroform on Casey's computer at any time whatsoever.

(Now the confusion above gets cleared up...thank you, Frank George). The comment Baez referred to in the LE statement was in the context of talking about just one of the many nights Anthony stayed over...not the *only* night she and Caylee had stayed, he says. That particular night, they were all in bed when he went to sleep. When he awoke, however, Caylee was gone. Casey said her mom had called in the night and told her to bring Caylee home.

Baez asks if Caylee ever went hungry, etc. Morales said no. Was she a good mom? Yes, from what he could tell, he said. Did Casey ever strike or torture Caylee? He said no, that she had issues with Caylee going to sleep, but those were the only times he saw her discipline her. (Wish the state had asked what type of discipline she used when Caylee wouldn't go to sleep...might be pertinent. I can only assume they already know the answer and it wasn't relevant to show any sort of abuse toward Caylee.)

Witness: Melissa England

She was the girlfriend during June/July 2008 of Troy Brown, a friend of Casey's. She lived out of state and came to visit Troy on July 2. They met some friends at Voyage (club/bar), among them Anthony. She was friendly, outgoing, introduced herself, immediately asked about her and Troy's weekend plans.

Troy had mentioned to her that Casey had a child, but Casey did not bring it up (nor mention she was missing/kidnapped, etc.). Since Troy had to work July 3, Casey offered to take England shopping. Casey also invited her to go along with her when she got her tattoo, but England passed on that part of the outing. Casey drove a Jeep Grand Cherokee that she said was her boyfriend's.

England also met Amy that weekend. She said Casey told her something about Amy losing some of her money while she was sleepwalking...(objection/sidebar/sustained).

She and Casey went to Target and to a mall. Casey got a phone call that lasted maybe 5-10 mins. She was speaking harshly, sounded irritated, though England could not hear the actual conversation. She did overhear that it was about money and heard the word "nanny," though. She asked Casey if she was okay, and Casey said yes, it was just an argument with her mom.

They went to the mall after Target. Casey was on the phone quite a bit. Told her at one point it was work-related. England works in marketing, including some event planning. Casey commiserated with her about being an event planner. They stopped by Troy's sister's house (where Troy lived) so that she could get ready for the evening. In all the time the night before and that day, Casey never mentioned her daughter until Troy's sister asked about her. Casey said she was thinking of moving to a better school system for Caylee.

She and Casey went to dinner at the restaurant where Amy worked. While there, England asked casual questions about Casey's daughter. She never mentioned to England that Caylee was missing/kidnapped, that she needed help to find her, that anything was wrong. "She was happy" and did talk about her boyfriend a lot that day.


The two of them picked up Troy after work and went back to JP's house. En route, Casey made an excuse to someone on the phone for breaking plans with them (in order to pick up Troy and go out with him and England). When she finished the call, she tossed the phone and said, "Oh my God, I am such a good liar!"

The group went out to a club/bar and were all drinking, having a good time. CA received several calls that night and was upset when she got off the phone. She was crying, seemed very distraught. She was arguing with her brother. Her mood changed...was very upset during and after the several calls she received. Ultimately, Casey wanted to leave, so they did, going their separate ways. She never saw her again after that night.

Baez on cross. With nothing else to throw at her, he asks whether the state paid for her airfare and hotel room. Yes, she replied. (He was implying that her testimony was bought and paid for. Yeah, because she just got soooooo much out of that ticket and hotel room and was pleased as punch to uproot her life and come there, no doubt.)

Baez asks if she can tell the jury how/when Caylee died. Of course, she can't. Then Baez tried to slip in something he wanted the jury to know but would have to have Casey testify to get into evidence. Well, he tried to, anyway:

"She didn't tell you that when she was 10 yrs old...." (Objection/sidebar/sustained.) The witness is excused.

Witness: Troy Brown

Direct by Frank George for the state. Brown reiterates much of what his ex-girlfriend said just prior to his testimony. He met Casey in 2007 at a birthday party for a friend. He didn't see her often, but more so when she was dating Ricardo (who was his friend). In June 2008, Casey sent him a Facebook message saying (about Amy), "She still hasn't moved in. Hell, for the past 9 days, I haven't even lived there. Drama. Will fill you in."

He recounts the outing with his girlfriend and Casey where she kept receiving calls from her brother that greatly upset her. After that night, he didn't see her again until she picked them all up from the airport after their trip to Puerto Rico. There was nothing odd about her demeanor at that time and she didn't mention Caylee.

Cross by Baez. "Do you have any info for this jury as to how/when/where Caylee died?" "I do not," he replied to each query. That was it for cross.

Witness: Iassen Donov

He saw Casey out a couple of places end of June, early July. She seemed social, happy, talkative. She had dated his friend, Brandon Snow. He asked her what she did with Caylee while she worked. She told him she had a nanny she'd known for 6 years.

He identifies a transcript of some AOL IMs between him and Casey, dated July 13 2008, wherein Casey says that she was moving out and was looking for an apartment; that she wanted to move within a week. In the same IM, she told him she had a nanny and that, "I love her."

Though he knew Casey had a boyfriend at the time, he was somewhat interested in her himself. She invited him to Fusion many times in June 2008, but he never went.

Cross by Baez. Baez re-emphasizes the state's point that there was no change in Casey's demeanor whatsoever and asks Donov if he found it shocking. Donov says yes, at the time. Does he know how Caylee died? No, he doesn't, he says. Baez asks if he told LE that Casey wasn't a heavy drinker, that she'd leave early and drink light. Yes.

Witness: Dante Salati

Direct by Frank George. Dante has known Casey about 11 years. He went to high school with her. He lived at Sawgrass Apartments from early 2005 til late 2008. Casey had visited him there. He saw Casey at Miller's Alehouse July 1, when several friends met up there. She seemed completely normal. Asked to define normal, he said "completely free of worry." She didn't mention Caylee at all. That was the only time he saw her during that month and has had no contact with her after that date.

Cross by Baez. He asks if Salati knew Casey to be nice, caring, giving; whether he saw lots of affection between Caylee and Casey; whether Casey was attentive mother. He answered yes to all. He never saw Caylee appear to be abused or neglected. Answered yes when asked if he found it shocking that he never saw a change in Casey's demeanor.

Witness: Christopher Stutz

Direct by George. Stutz has known Casey since 2005. Brought Caylee with her when she came to his parents' home (they weren't there) and spent the night in May 2008. In mid-June, probably the 17th or so, he says, he saw Casey again at his parents' home. Caylee was not with her. Saw her again in early July at Buffalo Wild Wings; there was nothing different in her demeanor any of the times he saw her.

He received a text in mid-July that Caylee was missing. He received a phone call from Casey from the corrections facility (objection/sidebar). The state is finished with this witness.

Baez on cross. Baez asked if Stutz told LE Casey didn't like to go out because she didn't like to leave her child with her mother and father. Yes. Stutz got to see Casey interact with Caylee a lot. Agreed with Baez that Caylee loved her mom and she was never neglected or abused.

Witness: Matthew Crisp

He knew Casey during the relevant time period. He worked in property management at Crane's Landing Apts. Casey called and said her boyfriend was looking for an apartment. He set up an appointment for June 19th (same day she called) to show them an apartment. Casey didn't have an ID with her, so he couldn't show the apartment to her, but he showed it to Lazzaro.

He next saw Casey on July 7 when he met her at Subway for lunch. She told him Caylee was in Sanford on a playdate with a girlfriend's child. Both times he saw her, she seemed very happy, normal; gave no indication anything was wrong with Caylee or herself.

Cheney Mason for the defense. He asked whether Caylee ever appeared to be abused, mistreated, unhappy. To each, Crisp replied, "No...of the times I saw her." Asked if he knew how/where/when Caylee died, he replied no.

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Judge Perry releases the jurors for the day, but there are some matters to be addressed after they leave.

The jurors have a list of movies and TV shows they want to watch and the judge gives the attorneys a chance to object to any they don't want seen (they have no problem with the choices).

Mason renews the defense's request for George Anthony's grand jury testimony. Ashton's suggestion is that the judge review the testimony in camera and determine whether it's impeachable. Judge Perry agrees to do that.

Mason says that he will move for a mistrial based on cumulative effect of the state's asking all the witnesses whether Anthony showed remorse (it's improper to do so). The state says they are not trying to show lack of remorse; they are showing that her demeanor never changed.

Judge Perry says if evidence is being offered to show lack of remorse, it is improper, and he asks the state if they are offering it for that reason. The state again says the testimony is being offered to show Anthony's demeanor was unchanged. The court stands behind its previous rulings and denies the defense's objection/motion.

The judge did not find a compelling reason to hold court Monday (Memorial Day).

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The judge now allows Baez to make a proffer of evidence that Casey told Lazzaro her father had sexually abused her. (Baez was not allowed to go into this area of "secrets" earlier, so he is allowed to question the witness to show what would have come out so that the issue is preserved on appeal.) Baez recalls Lazzaro to the stand.

Witness: Anthony Lazzaro

Was the secret that Casey shared with you that she was abused by her father?

No. It was that Lee had tried to abuse her.

What was your response to that?

I was shocked, tried to comfort her; tried to change the subject so she wouldn't dwell on it.

Is that partly because you didn't know how to deal with it?

Yes.

Any discussions with Casey about abuse by her father?

Yes, she said she was disciplined by her father.

Do you recall for certain that it wasn't sexual abuse or just don't know for sure?

Definitely not sexual abuse, Lazzaro replied.

You don't recall details, but recall the word "abuse?"

I recall the word "hitting."

Anything else?

No.

Judge Perry questions the witness:

He asks when Casey told him about Lee's alleged abuse. Lazzaro says around the time he went on his trip to NY.

The judge asks him, in as much detail as he can recall, what Casey said happened.

Lazzaro says she told him Lee "tried to feel her up on her chest."

Was Lee successful in feeling her up? Lazzaro: "She said it didn't happen."

Judge asks about George. Lazzaro said Casey said "hitting," and he took it as discipline. Did she say anything else? "No." He told the judge he thought he'd remember if it were sexual abuse, though.


Baez asks if, in his phone depo with defense, he said he couldn't recall exact details about what Casey told him regarding abuse. He agrees.

Clearly, if Lazzaro remembers Lee making an unsuccessful attempt to "feel up" his sister, he would certainly remember her saying her father sexually molested her (billion times worse in terms of "disgusting"). He got the issue preserved for appeal, but I can see why Judge Perry didn't allow it during Lazzaro's initial testimony and think he made the right call.