State calls defense motions "in limine" lemons
Thursday, January 20, 2011 at 7:37PM “… 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:
- 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
- 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
- Motion in Limine Regarding any Testimony that the Defendant has a History of Lying and/or Stealing
- Motion in Limine Regarding Testimony of Neighbor Brian Burner in Reference to the Shovel
- Defense Motion to Exclude Irrelevant Evidence of Tattoo
- Motion in Limine to Prohibit the Use, in any fashion of Internet MySpace References Attributable to the Defendant as “Diary of Days”
- 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.”
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.
Dave Knechel | tagged Judge Learned Hand | in Anthony Lazzaro, Anthony Rusciano, Casey Anthony, Caylee Anthony, Cheney Mason, Chief Judge Belvin Perry, Cindy Anthony, Dave Knechel, David B. Knechel, David Knechel, Frank George, Human Interest, In Limine, Jeff Ashton, Jose Baez, Lee Anthony, Linda Drane Burdick, Marinade Dave, Marinade Dave Knechel, Marinade Dave’s Caylee Anthony Posts, Motion in Limine, Ninth Circuit Court, Sgt. John Allen, Tony Lazzaro, Yuri Melich, marinadedave | Share Article 
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Reader Comments (78)
Educational post!
I can't tell if Baez needs to go back to law school or if he is calculating in his pre-trial defense. Just when I think he is coming off as ignorant of the law, and some of his motions have seemed like that's the case. then you come along and point out that it may not be so! Like his paying of the fine could mean he bought himself time...but Judge Perry didn't give him the 30 days he wanted.
With all these motions coming in now we can see the games have begun-its down to the wire because May is just around the corner.
Dave, great post! This was a lot of stuff to go through and thank you for doing it. I know it is the defense's job to file all these motions and they have to if they think that they might be able to use one of them on an appeal. It is so much easier and nicer to read through the State's responses and motions because they are so much more prepared and no what they are talking about. It is often times hard to read through the defense motions. I think that the State is going to be granted most of these motions. The two that I think they might have a problem with are the Myspace ones. Being a mother, I can say that I would have had several red flags pop up during the time that Caylee was missing. I can't say for certain that I would have thought she was dead until I smellled the car. Then I would have probably known. But being a mother, I would have known something was wrong when Casey kept avoiding Cindy, wouldn't let Cindy talk to Caylee, she said she was going to meet her and then didn't show up, she hid from Lee the night he was out looking for her, etc. I think Cindy had a good idea when she wrote that Myspace piece that something was very wrong and so she poured her heart out hoping that Casey would talk to her. As a mother I don't know how she couldn't have not had any red flags or felt something was wrong. She may not have thought she was dead at that time, but she had to know something was wrong. It will be up to JP to decide if what CIndy wrote was saying that Casey did something to Caylee, or if she was just trying to get Casey to talk to her. I am anxious to see how he is going to rule on these motions. Thank you so much for taking the time to go through each of these for us. It is great to have you back writing again. You were missed!
I thought the State did a good job laying out their response. I think anything and everything in that 31 days is fair game. It all ties into a package. I read some where that Casey will never be able to answer the States questions but I do not buy that for a second. Her legs are not broke she can walk up to the stand and testify when the trial rolls around. Problem is Casey can not tell the truth to save her life. Do you think Cindy will ever believe her daughter did this? I personally think George knows, I think he figured it out when the jail house letters came out. Oh the extent of the lies she can tell.
I appreciate the time you spent writing this post, I know you have been very busy lately.
Dave: Thank you for sharing your thoughts in another excellently written post. A pleasure to read.
Right now, spelling mistakes aside, I'm feeling confident that the State has a very good case. These motions make me feel like they have done all their homework and could go to trial tomorrow, if they had to.
I think the arguments to keep the "poems" Cindy and Casey exchanged with each other (regardless of who wrote what), are good. After all, they could speak to "frame of mind" of the accused, and "actions" of the accused, during the time her daughter was missing. However, if the Judge denies these, there is lots of other evidence they could bring in to show the same things.
It's always a pleasure to read your blog. Take care.
I got permission from J.L.S. at M.S.F. to bring the following over here for your perusal. This will prove that great minds do not always think alike. Feel free to delete the following, if you so wish, but please don't shoot the messenger. BTW, it is illegal to shoot a seagull.
1. Motion in Limine to exclude testimony by Anthony Lazzaro as to his sexual relations with Casey Anthony. ( The state wants this included for various reasons) Casey stayed with Tony, the evening of June 16th. That same evening they were both captured on video at Blockbuster's where they rented a couple of movies. This proves that Casey was not distraught that her daughter was missing and she definitely was not making an effort to investigate the whereabouts of Caylee. She referred to going to Tony's as it being a neutral place, when she was interviewed by LE at Universal. Lazzaro said that Casey was waking up with night sweats. He also woke one morning to find Casey sitting up in bed watching a video of Caylee. The video was the last known video of Caylee taken at the nursing home where she visited "Papa", on June 15/08. Casey was watching the video and making what appeared to be taunting whimpering sounds. There were no tears and she was not crying.
2 Motion in Limine to exclude testimony by Anthony Rusciano as to his sexual relations with Casey Anthony. (The state feels this is irrevelant and do not plan on introducing anything re their sexual activities.) Will the text messages that went back and forth between Casey and Rusciano be introduced, in which she refers to Caylee as, 'the little snot head"?
3. Motion in Limine regarding any testimony that the defendant has a history of lying and stealing, to be excluded. Casey is a pathological liar. She lied to LE and in doing so, she was obstructing their investigation in finding a missing child. She lied to her mother re her whereabouts in the 31 days when Cindy was trying desperately to learn the welfare of her granddaughter. Casey lied to Anthony Lazzaro saying Caylee was with the nannie or her mother during those 31 days. In total, Casey's fabrications were endless.
4. Motion in Limine to exclude any testimony by neighbor, Brian Burner in reference to the shovel. Casey was not living at home so why would she be worried about a few bamboo shoots growing in the backyard? She would leave that chore for her father. It is quite obvious why she would want the shovel but when she found the digging a little too difficult, she returned the shovel and proceeded with an alternative in disposing of the remains.
5. Motion to exclude any evidence of Tattoo. This proves that Casey took the time to get a tattoo instead of doing her own search for her daughter. I doubt if Casey got the tattoo as a remembrance of her daughter who was the last one on her mind. The tattoo indicated that Casey would now have a beautiful life.
6. Motion to exclude any reference to "Diary of Days." The Diary of Days was a way to continue to taunt Cindy and was in answer to Cindy's, "My Caylee is Missing."
7. Motion in Limine to prohibit the use, in any fashion, of Cindy's My Caylee was Missing on My Space. My Caylee is Missing is a last ditch plea, in desperation, by Cindy to Casey, begging her to bring Caylee home or, at least, let her speak and communicate with her granddaughter.
Evidence standing alone would not be enough in the mind of a fair minded person, but bits of evidence that make up a chain of events that take place can eventually be enough to make a rational connection with the issue to be considered, a factor contributing to an answer.
Dave~~ It was great to find a new post in my mailbox this evening. I couldn't get over here fast enough. Maybe now I can take a vacation eh? Let's just say that my comments are made by an old backwoods Canadian woman. I am sure your readers will see the different when they come from an old pro whose business is writing. Thanks pal.
Dave, You cleared up a question I had about the bamboo roots. The reason you haven't seen any bamboo roots in your yard, is the fact that roots only come to surface when they are looking for water. In FL, you have so much ground water that roots have no need to come to the surface. As always I enjoy your thoughts and writings about this case. Glad to see you are doing better. It is difficult when we lose those we love.
Dave, LOL I never realized how bad my posts were until I compared the two. Well, I didn't bring over a few links 'cause your blog wont let me type in pretty colored text.
Dave,
Great article as usual. I'm so glad to see you back, I really look forward to reading your articles. I was sad too hear about your aunt and I wish I could say more than just "I'm Sorry" but I knowfrom your writings drscribing her, that her "DASH" was great. I hope you and the rest of your family are doing ok. I keep praying for you.
About the prosecution's motion, I have a question. Besides the typos that you mentioned, I (as well as others) noticed that it was dated 2010 instead of 2011. Will they need to refile the motion or is that something the court would over look? Not that it means anything, I was just remembering the Defense with the notary thing and the big to do that was made about the date.
The reason they want to bring a sexual relationship in that Casey had with Tony Lazzaro is to show that they were very close. When Casey could not locate Caylee, Tony should have been one of the first people she would go to and tell him that Caylee and the nannie were no where to be found. Since Casey was on the outs with her mother, Tony would have been her number one priority to seek help from. Of course, Tony would have instructed Casey to call 911. Instead of telling Tony anything, Casey acted like everything was just hunky dory in her world. Tony will not be asked how often or how they engaged in sex. The state just wants to establishment the fact that Casey and Tony were intimate over that period of 31 days.
I would shake my head if I were on the jury and Baez told us that Casey needed the shovel for digging up bamboo roots mere days after her daughter is missing. That's just not a good time for yardwork as well as all the other activities she was up to during that time.
I made a long comment and previewed it several times to correct typos. I finally hit post commen a page a page pops up telling me the page cannot be found. Too much to do over again. Is this what is called Karma? If so, Karma got me. Well done and long post Dave, you have been very busy, Thank you.
Dave~~I do not believe for one second that Baez stalled for time by filing that motion to reconsider his sanction. Cheney Mason wrote to Jeff Ashton and asked him not to cash the check. This was all Mason's doing. Mason tried to prove that Judge Perry had interpretted the rules re sanctions and comtempt incorrectly. Mason tries to outsmart everyone and in this case, he was dead wrong. Motion to Reconsider Sanction-Denied.
A link to the Judge's actual order. It's too good to miss!
Order Denying Motion For Reconsideration Of The Court's Order Granting State's Motion For Sanctions/Motion to Compel And Request To Vacate Finding of Contempt
From page #1:
Quote: "However, as the record will clearly reflect, the court did not hold counsel in contempt." End of Quote This sort of clears up the matter that Richard Hornsby raised.
And make sure to scroll down past the Judge's signature to read the little paragraph at the bottom of page 2.
Just another little thought. What evidence does Baez have re the expert's witness list that he would want to keep out of the state's hands or prolong them from seeing it? If Baez plays any more cat and mouse games with regards to handing over discovery via the court's orders, he will be held in comtempt. He will not be entertaining clients but instead, eating snacks from a commissary.
If a motion is considered a legal document, it is imperitive that names be spelled correctly and dates be correct. The document can become null and void if someone questions it for being authentic. Many a parking ticket has been ripped up due to a misspelled name.
Dave,
Absolutely great post! It's so good to have you back. Just don't push yourself, okay?
I am so impressed with the State! They are so bright, and very professional, and always
prepared. I have great faith in them, and truly believe that we will see justice for dear Little
Caylee soon. imo this case has gone on far, far too long, and the defense has little to show
for all the time they had to "get their act together". In fact, they have become something of a
joke, which is not good. I don't want it appealed, please God, don't let that happen.
Keep up your splendid work. You just get better and better. (Still hope you'll write that book!)
Hope your Mom and Dad are "all better" by now. Stay healthy, and know how much you are
appreciated.
MB
Tell Jonathan L.S. that you know me...he has a pretty cool blog that I have visited a couple
of times.
Great post as usual Dave! Thanks and here's hoping your family is on its way to being better.
How much do you want to bet the question that opens up all those bad acts, lies, etc will be "was Casey a good mother?" ? As for Lazzaro I have to say that as a mother you would be too worried about the safety of your baby to even want to be around a boyfriend. Especially one that wasn't a live in who knew the child well. I'd want to be around others who knew the child and get everyone involved that could be involved, so that part is just transparent and very relative.
I hadn't even thought anything about those "words to a song". I'm not really into music and I didn't even notice it might not be, and I'm not familiar with the actor either. So unknowingly I bought the song lyrics line. People who get into the habit of lying do it without even thinking most of the time and just gloss over the lie with another one that looks better. I imagine if Casey ever did get on the stand (which I seriously doubt will happen), she'll just lie like she always has. The problems with Casey's lying is it's done without any emotion at all attached to it. That nailed her even before the lies started coming out. Her demeanor with the cops on the scene was not that of a concerned mother.
Spelling. I have a feeling the spelling errors you are noticing have more to do with the transcriptionist than the attorneys. They DO need to proofread better though. When I told someone I used to be a relay operator, he said "I hope you could spell because most can't". When you are a touch typer some letters come faster and easier than others and sometimes you tap too hard or too lightly and whammo a typo. So I don't blame the lawyers for the misspelling but for the inefficient proofreading.
Hi Dave
I am so glad to see that you are back. We missed you. I am so sorry about your Aunt and about your father's illness. I hope he is doing much better.
The Blog was very interesting, informative and well written. No one explains the details of the Casey case as well as you do.
Welcome back.
Good to have you back *Dave
I missed you.
Sherry - I was surprised when the attorney told me that. He also said that no one will remember it after the trial. It's not a big blemish or anything. We'll see, but I have a feeling he will go back to working cases that won't be as high profile as this, and no one will hold it against him.
The shovel was borrowed however no trace of DNA of Caylee on it. Perhaps she used the shovel to dig up the pavers?
I was just going to ask you when you were going to write your next post and BAM-here it is! I find myself checking in daily to see what you have to say on this case. Excellent post!
JMO- I believe the Judge will grant the States requests. I also believe anything and everything that happened from the 15th on is very relevant in this case. Her sexual romps with Tony are very important,her tattoo,her clubbing,Cindys posting online,Caseys lies etc all,in my opinion,tie in together and that doesnt look good for Casey....I have a few questions for you Dave, if I may ask...(I may ask one too many so answer what you have time to)
Why did Bozo and Co wait mere months before the trial starts to actually start doing their job? Seems to me all of this should have been handle last year.
Since Casey has been asked by the Judge if she is satisfied with her councel,and she said yes,can she later (after being convicted) appeal her case due to insufficent councel?
Will you be allowed in the court room during trial?
Whats your take on George not attending the hearings? Do you feel he will man up and be the only voice for Caylee in that whole Anthony family?
Caseys tattoo,do you think it was in reference to now having a beautiful life since Caylee is not in it or do you think it was a dedication to either Caylee or Tony? Im kind of leaning towards it being dedicated to Tony. It is written in Italian (which Casey is not) so I kind of get the feeling she did it to "impress" the love of her life and her future husband...lol...She wishes...
Thanks in advance!
:)
Oh, Dave, so good to see this most engaging post this morning! Other bloggers have made much of "what this says" about the State's case. Fact is, State is responding to Defense motions- it tells us FAR more about their case (or should I say, complete lack thereof). Basically the Defense is going to have to work with whatever "Bad Facts" the Judge rules in, and be forced to cobble some Frankenstein Monster together after all the rulings have been made, hoping the Judge gives them something to work with, with some single exclusion or other. There STILL is no "defense" as such!
On these individual bits of evidence I am once more reminded of Poe's "The Mystery of Marie Roget", on the identification of the decomposing dead woman that is pulled from the water- it is not just the long, white dress alone, or the patch in the skirt, or the size shoes or stockings, nor the same color ribbon that serve to ID her, any one element of which would not be sufficient standing alone. It is the totality of elements together that make it her and her alone. And it is the totality of elements here (and as we know so very many others!) that will serve to find Casey guilty. I'm thinking the only thing that may be excluded here would be the Rusciano statements, interesting though they are. Good luck, Jose!
Hi, Mary Jo, thank you. I fell fast asleep soon after I posted this story. I think the state will be granted their wish, too. The judge should give them them an opening just to see where they go with it. That's why there are objections that can be sustained or overruled. Every piece of this response points to Casey and what was going through her head from June 16 to July 15, and that's a crucial time.
The state did a very good jib of laying out their response, Tony. I don't think the defense will put Casey on the stand. Remember, the state has to prove she did it. The defense has to tear that down, and allowing her to testify would be a grave mistake. She has no credibility and the state will come at her full force. I could just hear Ashton now. It would be uglier than ugly.
Thank you, nan11, and it's great to see you!
In its response, the state acknowledged that the judge may not rule in favor on all accounts, but the way I see it, I think the judge will on most, if not all, for the simple reason that they could be openly argued at trial. As far as I'm concerned, when Casey borrowed a shovel two days after her daughter disappeared, well, that's a very important piece of evidence. If I were the defense, I would take pictures of the bamboo root as evidence to counter, but that would be problematic if no bamboo exists.
Dave~ lol, no offense but Casey has been handled long enough with kid gloves. Maybe ugly would help her see the light.
Wonderful post, Dave! Yes, we missed you and hope your parents are feeling better!
It is so good to know that I am not alone in being irritated by spelling errors and getting dates wrong,
such as on these motions. Grrr! However, I will take those kind of errors rather than errors
in presenting this case to achieve justice for Caylee! Still, I hope they correct the errors!'
I really appreciate SnoopySleuths posts as well! It is going to be very interesting to see how Judge Perry rules on these motions. I will be stunned and sickened if he doesn't agree with the Prosecution on these! So happy for his ruling on the silly sanctions motion Cheney Mason tried to pull off! Judge Perry does all he can to be fair.
Thank you again, Dave!
Dave, we have plenty of bamboo here in SC. All over, just like the dang kudzu! You can trip over a broken cane of it, but I can't think I've ever seen a "root" as such...
Hi, Snoopy - I think the video will be enough evidence to show Casey was not distraught over her "kidnapped" daughter. What transpired between her and Lazzaro, especially her lack of emotion over the loss and her willingness to engage in intimate behavior will be very telling. She didn't display ANY outward emotion over the loss of Caylee, although you are right in pointing out what he saw when she watched the video.
You made an excellent point about the bamboo root. Casey wasn't living at home any longer. Why would it bother her, let alone be worth getting all sweaty and dirty over. In the end, she didn't.
I'm very happy my new post tickled you. As for a vacation, no. Your work is too important!
Hi, Rob - I never knew about bamboo roots surfacing to find water. That's interesting information. I used to live on that side of town, the southest, and not all that far from the Anthonys, and I can tell you that the elevation is low there. Whenever it rained, we knew it because of pockets of standing water. As a matter of fact, the highest elevation in Orlando city limits is 110 ft. above sea level. I assure you, it's not on that side of town. Thanks.
Snoopy, there's nothing wrong with your wriing. We just differ in our delivery. No big deal.
Another good point you made. One would think Casey would have confided in her closest and most intimate contact. At least, she should have given him some sort of sign that things weren't right.
By saying the tattoo could be veiwed as an Epitaph for Caylee .The defence is admitting that there client knew her Daughter was dead already an not kidnapped or missing....
Hi, kimpossible - GREAT CATCH!!! I never noticed the date was off by a year. Sure, I would think the response will have to be refiled in order to keep things legit, and the defense could demand it. I won a spelling bee when I was in elementary school, so it makes me cringe when I see such official documents with misspelled names and words. Their grammar is lacking, too, but ultimately, it's what they say that really matters, not so much how they say it.
Thank you, I'm glad you are happy to see me back. Thanks for the kind words about my aunt, too.
Don't you just hate it, New Puppy, when your comment disappears and you get that sinking feeling after all that work?
Thank you! I have been very busy lately, but to be honest, I do not believe in karma. Bad things happen to good people all the time, and good things happen to bad.
Thank you for enjoying the post. I guess it was about time.
Snoopy - I wouldn't say Baez did stall for time, but when that attorney told me it happens, I felt it was worth reporting. Apparently, it's not a rare as we think, and the stigma isn't as bad, either.
I don't know how the court looks at misspellings and wrong dates, but Judge Strickland made the defense refile its motion to recuse. That may have been a final jab at them. I think the defense did meet the deadline of giving the state correct and complete information about its experts. At least the first wave.
Here is what FRCP 3.220(n)(2) states:
Willful violation by counsel or a party not represented by counsel of an applicable discovery
rule, or an order issued pursuant thereto, shall subject counsel or the unrepresented party to appropriate sanctions by the court. The sanctions may include, but are not limited to, contempt proceedings against the attorney or unrepresented party, as well as the assessment of costs incurred by the opposing party, when appropriate.
Thank you, Helen - I hope I can continue writing posts despite the responsibilities. I'm sure I will be able to. My folks are improving and that's a very good thing. Unfortunately, the older they get, the more often their health is compromised. It's my job to see they get the attention they need.
By the way, I think JLS got your message.
Not to mention Casey was removing the bamboo so called roots so Caylee wouldn't trip over them..........Hello, Caylee was already in the trunk of her car by that time.......don't think Caylee was gonna be getting up the next day and running around in the back yard. Geeezzzeeee Cindy is sometimes just too much........there's a video on You Tube of Cindy explaining away the shovel....like Casey was such a good Mom, she was removing it so Caylee wouldn't fall, I almost fell off my chair...listening to that line of BS.
Thank you, Connie. My father was well enough to drive to the post office today. Things are looking up!
I wonder how much mothers today really worry about their children around boyfriends. A lot of mothers party today, unlike our generation. I'm not trying to stereotype, but it's a different world we live in today. I see people standing near each other texting themselves. How impersonal is that? Ironically, one of the things that will work against Casey are her cell phones.
As for the music, I have no idea about what is going on today in the realm of music. There's a lot of good stuff out there, but EGADS! There's a ton of junk.
Thank you for clearing up the most likely cause of the spelling errors. I hadn't thought of that.
After this case Baez will go on, but I have a feeling his reputation won't be quite as good as it was before. What I have noticed more than anything is the number of motions filed just since Mason has joined the team. It's like he's finding Baez's weak spots and is trying to fill in for him where needed. It's going to be interesting now that Mason has another case (a paying client and one that's his own) just how much is going to get done and how much will be done in a timely manner. Baez's whole attitude as changed for the snottier if that's possible. He made a remark at that last hearing "you'll probably shoot it down anyway so..." ... the judge told him he could file anyway and see.
Ohhhhhhhh I know what I was going to mention. Baez wants more money for his investigator again. I wonder if the JEA is going to bring up their remark that he's wasting taxpayer's money on the investigator because he does more office work for Baez than investigating.
Hi, Amber - I'm glad I'm back, too, and I hope it stays that way. Things are getting better, thank you.
Thank you for appreciating my writing, too. My attention to detail had been slipping for awhile. I should be back to normal.
As good as it is to have me back, Diana, it is much nicer to have you here. Believe me. I missed you, too. I'm really going to try to the blog more active if I can.
Thank you for sticking by me.
I don't think anything discernable was found on the shovel, G.C.G. I think she was too lazy to use it. Digging dirt was a lot of work for a pretty thang like her.
Casey's Pen Pal Will Return To Orlando
Judge Grant's State's Motion Asking For Robyn Adams' Return
Judge: Kronks 'Prior Bad Acts' Can't Be Used
Order One Of Several Filed Friday In Case
Poor wee Jose has single handed ended the Lawer joke...Now there only Baez jokes...So I geuse he was feeling brave last nigh when he headed out for some rest an relaxation to a local Floridian Bar /Comedy Club..As you can imagine Baez was spotted in the crowd ..An became the butt of quite a few of the comedians jokes..But our boy kept his cool untill the last act a ventrilloquest an dummy took the stage...This guy was mercyless an laid into Baez his client an the horse they rode in on.Baez finaly exploded an stood up mid act shouting ENOUGH..The room fell silent as Baez said ..Its bad enough that you denigrate me an my profesion to get laughs..An my cleint to get laughs ..Whom need I remind you is faceing the death sentance..Death is diffrent...The Comedian interupts Baez with an apolagy explains its not personal this is a comedy vennue ect...Baez goes ballistic S T F U he screams at him know ones talking to you .Im a Lawer I know the law ..Im not talking to you.Im adressing that little guy sitting on your lap....
I don't know what happened Dave but I got a new password!!! I'm up and running as they say. I am really posting (prior to reading your post), so that i can link to the Subscription page to see all the comments.
I have one thing only to say. Is it reasonable that George and Cindy are not involved in any way shape or form to the coverup or misrepresentation? I think the Defence are ready to surprise us all .
Mary Jo~~thank goodness that is settled re introducing Kronk's prior bad acts. So that leaves the testimony of Jill Kerley, Brandon Sparks and his mother out. Mortimer Smith, PI who made all those video interviews was a waste of man hours. Now the good samaritan, Kronk, can breathe a little easier. This really leaves the defense in a dilemma because where are they going to turn now , except to accuse one of the Anthony family members of helping to depose of the body? This leads me to remember Lee Anthony's promise to CMA at the Memorial Service. Other than Lee, they will have to go after George for aiding and abetting. We cannot forget suspicions that were cast on Jesse Grund. I am surprised that they did not try to implicate Anthony Rusciano. Rusciano lied to LE that he only knew Casey in passing. If I had to be leery of anyone, it would be him. I think it will all boil down to the fact that Casey murdered Caylee and desposed of her without any assistance. JMO.
I was glad to see that JP finally ruled on the motion about Roy Kronk. Now he can breathe a sigh of relief. I don't know where they are going to turn, unless they can get one of those people that said they searched the area and they didn't find her. Looks like those aren't turning out like the defense thought they would. With the P.I. and the defense wasting all this time on investigating people that most likely won't be able to be brought in, it makes you wonder how JP will rule on the motion asking for more P.I. time. I hope he says no, but I am sure he will give them more.
Just to let you know, we have friends visiting. I will be back later, but that's why I haven't responded to all of the comments yet. They have been family friends for, like, ever.
Hey Dave,
A lot of people have been posting about the bamboo so I figured I'd put my two cent's in even though I don't thing the shovel issue helps one way or another (I think the neighbor's account of backing into garage 3 times is more signinficant).
Anyway back to the bamboo, and in no way am I trying to verify any bamboo excuse. When referring to the bamboo root, one could possible be referring to a young bamboo shoot. When I lived in NJ, our neighbor grew bamboo, which spread like wildfire under our fence and into our yard. When the shoots started to poke through the ground, they were kind of sharp and painful if you stepped on them. We did use a shovel to cut into them/remove them even though it was only a temporary fix the just keep coming back. We would just chop down with the end of a shovel, and it would leave a half moon shaped mark in the ground (you can't really dig them out...well you might but it would be very time consuming because the roots are intertwined and connected).
So I think if Casey had dug out/chopped a root/shoot, then there would be a half moon mark in the ground (not something you'd fill back up). Cindy said she noticed the pool ladder and back gate open, I'm sure she would notice a mark or marks in the yard with pieces of bamboo laying on the ground(I'm sure Casey would not pick up pieces to throw away).