Casey trial will stay in Orange

“The jury will be sequestered. They will be brought back to Orange County. They will be kept at an undisclosed location. I will be entering a gag order [for the attorneys]. I will be doing that at a sufficient time.”

- Chief Judge Belvin Perry, Jr.

I’ll tell you, the courthouse was tough to get into this morning. I gave myself plenty of time, but people were almost backed out the door to get through security. After waiting for what seemed like a half hour, I finally got up to the courtroom. I hate being late for anything, and I missed the first 10 minutes. How do I know I missed 10 minutes? Because Chief Judge Belvin Perry is never late, either, and when he sets a starting time of 9:00 AM, that’s the moment he walks in and sits down at the bench. Fortunately, I was able to open the door quietly so no one heard me walk in.

Change of Venue

The judge had decided this was the day he would hear motions that had been lingering for months, starting with the Change of Venue. Casey’s defense team has argued that their client cannot get a fair trial in Central Florida. In September of last year, Baez wrote in a motion that, “The Orlando community’s involvement in this case and its hostility towards Miss Anthony create an environment in which it would be difficult for a juror to render a verdict based solely on the evidence presented at trial.”

Soon after I walked in and Baez was stating his position, Judge Perry told him to get to the point, at which time he presented a short video of mostly protesters outside of the Anthony home, which were shot nearly two years ago now, as Assistant State Attorney Linda Drane Burdick was quick to point out in her rebuttal. She also asserted that jurors should come from any county that has similar demographics as Orange County.

“The defendant’s motion for change of venue will be granted at the appropriate time. I will enter an order prior to us proceeding to somewhere in the state of Florida to select a jury. I will review and take into consideration the comments by the defense and the state in selecting a site,” Judge Perry said. The future jury will be sequestered. He and all of the attorneys will travel to another Florida county to pick 12 jurors plus 6 alternates. He warned the media that he knows all 20 court administrators in other districts and they will be instructed not to discuss his inquiries with reporters.

Jail Visitation Logs

Visitation logs are a matter of public record, yet the defense wants the judge to keep the list of names private. Only the judge can seal them. The main defense claim is that the media is constantly aware of any visits she has, and the identities of some experts will produce unfounded speculation. According to him, it will hamper the defense’s preparation for trial. Cheney Mason asked the judge if it could be argued at a later date because he didn’t rule one way or the other.

Wild Party Pics

The defense recently filed a motion to exclude irrelevant evidence of party pictures. Today, it argued that the photos do absolutely nothing to prove whether Casey was a good mother or not. “To assume that a person is a bad person because they go to a nightclub, or they drink a beer,” Baez argued, “is completely unconscionable.”

The defense fears that if the images are shown to a jury it would only inflame them against their client. Burdick claimed that the only photos it wants to use are ones taken after June 15 that address where and how Casey was looking for her child. If Casey went to bars looking for Caylee, then wild photos of Casey participating in a hot body contest four days after her disappearance should be relevant evidence. If the defense is going to argue what a wonderful mother she was, the State should be able to use photographs to dispute that issue. She also said that the State has constructed a very careful timeline.

Judge Perry said that if the defense shows evidence of what a good mother she was, then the photos should not be about what she was wearing at the time, it should be more about what she was doing in them. In other words – in my words – women wear bikinis on the beach. Wearing a bikini in that setting proves nothing about who and what that women is doing or thinking. He acknowledged that most of the photos were taken prior to Caylee’s disappearance and only the ones taken from June 16 on should matter. Meanwhile, he deferred ruling on it until the end of next March. That gives both sides plenty of time to work out what photos will be used.

Hearsay

As part of the case, investigators have questioned dozens of people who knew Casey Anthony. They offered their opinions of her character, motives and undisclosed intentions and honesty. Casey wants to keep those statements about her made by family and friends out of the courtroom. Her defense contends they’re all hearsay; gossip and innuendo. They don’t want prosecutors to be able question any of her friends on the stand about whether she was an honest person and what compelled her. What were her motives? He also brought up the 911 calls made by Cindy. Judge Perry said he would not rule on such a vast subject. Narrow it down by citing individual instances where they could be argued as hearsay. He did say he will reserve a ruling on those 911 calls.

Motion to Dismiss Indictment

Denied. ‘Nuff said.

Motion to Compel Bench Notes

Judge Perry brought up this motion to compel filed by the defense. It seeks to obtain documents they feel haven’t been turned over to them. Once again, the judge asked Baez to be more specific. “This has been an ongoing issue,” Baez said after prosecutor Jeff Ashton told the court it was giving them everything it should.

Judge Perry asked for names. Baez gave him five. Both sides went back and forth. “We will table this one here and, uh, if there’s an expert witness for bench notes, list that expert saying you haven’t gotten it and I’ll have the state file a written response,” he said.

In the end, the defense will get 10 days to submit a list and the State will get 10 days after that to respond. He then asked both sides if there were any other discovery issues that need to be worked on down the road. No one had anything to say and with that, the hearing was over. It lasted an hour-and-a-half. “OK, we’ll be in recess on this matter until 9 o’clock tomorrow morning.”

Big Story of the Day!

As deputies walked Casey out of the courtroom, she turned to her mother, smiled, and whispered “Happy Mother’s Day. I love you.”

That is the first time I saw her show any affection for either of her parents, but especially, her mother.

My Observations

One thing is certain. This judge is instructing the State and defense to take the bull by the horn and settle as many matters as possible outside of court. Take control and move on it. What I am seeing is the defense’s failure to be specific about anything. Baez uses broad generalizations in his arguments and Judge Perry is persnickety and detail oriented. I noted his obvious disdain for whiners. In order to get your point across, be clear and precise, focused and reserved, and very knowledgeable of the law. That’s not to say Judge Strickland was not a thorough jurist. On the contrary, but there is a different demeanor in this court than in his, but I can’t quite put my finger on it. You wouldn’t think that personality traits could make all that much of a difference when applying law, but it does. Judge Strickland has the patience of Job. Judge Perry wants to git ‘er done.

I rode down the elevator with the prosecutors. Linda Drain Burdick was discussing an online legal publication. As we exited the elevator, I asked her what it was and if I could also receive it. She gave me the details. As we walked to the exit doors, I asked her about her last name. I notice the judge calls her Miss Drane. Do you prefer Drane or Burdick? Either one, she said. It’s not hyphenated and it was added after she got married. Either name will do and she has no preference.

As she walked away, the defense team approached the awaiting cameras and reporters. I stood near Cheney Mason. Because we were close, I decided to discuss something. “Skin cancer?”

Yes, he responded. I knew that’s what it was. I have too many friends here in Florida. “You’ve got to remember that I grew up when there was no SPF, and I’m 66-years-old.”

That’s many years in the Florida sun. He said that anyone living here and spending time outside will get it. It’s only a matter of time. I told him about my friends and what they go through. He also said he had a 14 hour operation several years ago on the other eye. Obviously, his surgeon did a great job because I didn’t notice a thing.

I think it was quite apparent that Cheney Mason had no problem talking to me, and vice versa. What he did with Judge Strickland was a professional decision and he took advantage of an opening. In the real world, that’s what happens. In the online world, people make up their own laws and hold silly grudges. I’m bald and he’s got skin cancer. Big deal. What’s it got to do with Casey?

What’s my point, you may ask? Remember that when you come to Florida. Wear sunscreen. And a hat. Oh, and I will talk to whoever I damn well please.