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)
Casey Anthony Hearing Set For Monday
Hearing Will Address Request For Investigative Hours
This is a telephonic hearing regarding more investigative hours.
I am going to post a bit of info here and some links. If any are duplicate, just disregard. Now watch to see how I can mess up. LOL
Chief Judge Belvin Perry has delivered some good news for Roy Kronk, the discoverer of Caylee Anthony’s remains.
Perry today determined that allegations about Kronk’s past had nothing to do with the former meter reader’s finding the toddler’s body, WESH-Channel 2’s Bob Kealing reported tonight. And those allegations cannot be introduced at the trial of Casey Anthony, who is charged with first-degree murder in Caylee’s death.
Read more here..
A Birthday Present for Kronk-Hal Boedeker
Orlando Sentinel
Casey Anthony Case: Defense Can't Accuse Man Who Found Caylee's Remains Of Killing Her
Quote: "Chief Judge Belvin Perry also ruled on 5 other motions in the first-degree murder case against Casey Anthony, who is charged with killing her 2-year-old daughter, Caylee." End of Quote
Order Granting Motion To Authorize & Compel Preparation Of Transcripts
Order Denying Motion To Restrict In-Court Photography Or Videoing
Order Denying Motion For Application For Subpoena Duces Tecum
Order Granting Motion In Limine Regarding Speculation As To Defendant's Knowledge
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
Order Denying In Part & Granting In Part Motion In Limine To Introduce Prior Bad Acts & Other Circumstantial Evidence Pertaining to Roy M. Kronk
Hi Dave, so glad everyone is getting better at your house, really makes you appreciate feeling better.I really missed your articles and you have done an outstanding job of going over these motions and explaining them. I hope the judge gives the State everything they want from that time period. Not long ago, I relistened to the tape of Casey being questioned by the detectives after they realized she had told them nothing but lies. Those poor men all but got on their knees and begged her for the truth. They wanted desperately to find that baby and still she lied. She would giggle and say the police perceived her story the wrong way and say caylee was o.k. and close to home because she felt it in her heart. I couldn't be an officer because I wanted to slap her out of that chair through my computer. She deserves no breaks. The tattoo was her plan for the rest of her life and there was no room for caylee there. Baez better get his stuff together before Mason runs off to get another crook free.I don't think Baez can keep caysee's boat afloat all by himself. He may be thinking a plea sounds good, but if caseyis still in la la land that would not be dramatic enough for her.wonder what she thinks about about her pen pal coming back to testify.. Casey needs to be broughtoff her little princess pedestal and take a long look at the reality of her life in a few short months. Thank you again Dave for the article, Great as usual,, contine to take care of yours and parents health
This is my first time here , may I post a good read of another blog. Thanks
http://cayleemarieanthonycase.blogspot.com
I heard on another website that there is a Hayden Christensen actor and a Hayden Christenson singer (according to Casey). Two different people. I think this is another story that Casey gave her attorney as I can find no information on the internet that there is a Hayden Christenson who is a singer. I can see Casey now saying, 'I got the Diary of Days from Hayden Christensen'. Atty: The actor? Casey: No the singer. His name ends in son'. Just like Juliette Lewis, Raquel Ferrel and a host of others Casey lies and she's gonna die.
Snoopy, thanks for posting motions. I just had a thought, with this trial starting in May, it will probably be over about Caylee birthday. Sad day for that baby, even though it will be the Justice she deserves after so long. Cindy, George and Lee should finally accept the truth. I'm just so happy not to be in their shoes. I think George will have the hardest time with it.I read somewhere that Baez only visited Caysee one time in jail during Dec., she may not know what is reallyknow how bad things look for her.
Hmm, It looks like I will have a few comments to catch up on tomorrow.
Well, I decided to do a little fact checking on "Hayden Christianson/sen" and find out whats-what. So, first off, he is the actor (Star Wars) and his name ends in "sen". Many people misspell his name, using "son", but that is not a separate person. There are music videos where he acts a role out, but he's not the singer nor the writer, that I can find anyway. If he's written something it's small and hard-to-find. I imagine Casey just made it up, like she dreamed up a "Juliette Lewis". I'm only surprised she didn't just add "Welch" behind the Raquel name and try to claim another famous person.
WESH.com will provide live coverage of the hearing.
This is for today's hearing at 4 P.M. Florida time.
Sorry for being off topic and out of date, Dave, but I've been so busy that there's been little time to read. It troubles me that you are going through so many health issues, and just want to tell you that I hope everything goes well for you, and that many prayers go before you. Perhaps by now you have a diagnosis and a course of treatment has been determined? Help to catch me up on "you", please.
Thanks, Dave.
((hugs))
Hi, Feathers - I'm OK. My health has improved a bit and I'm taking different meds now. I don't want to discuss that in the open for obvious reasons. Give me a call sometime. In a few minutes, I'm taking my father shopping, but I'll be back. Thanks for your concern.
Casey Defense Gives Evidence Flash Drive To State
Items Include News Reports, Photos
Wesh is now saying that due to the room the hearing is in that there will not be a live feed.
It sounds like JP granted Ann Finnell $5K for the penalty phase and $12K to the defense for investigative hours. I am sure that JP is doing this because he doesn't want it coming back on appeal. The next court hearing is on February 4, 2011.
I will do that Dave. Soon. Right now, I missed the hearing, so am off to watch it. :-)
Dave,
Great post. Glad to have you back. Hope all is well with you and your family.
It would seem to me that all of Casey's actions after the 16th are up for scrutiny and should be allowed, because she is claiming she was looking on her own for her daughter, You can't have it both ways, Either she was looking like she said, and should be able to prove it if she did, or she wasn't which means the State can show her actions. The defense can also use her actions to show she was looking, but oh,,,wait, she wasn't, so where does that leave them? Without any credible claim she was actually searching. No wonder they don't want certain things to show up regarding her actions.
Ninth Judicial Circuit Court of Florida
Notice of Hearing for March 2 - 3
I can't believe that Baez would even ask for this. Jeff Ashton is going to have a fit!
01/25/2011 Motion
for Extension of Time to Comply with Order for Expert Witness Reports
For the above link regarding Baez's motion for an extension, follow these directions. From the default page click on “Criminal and Traffic Case Records” then type in Casey’s name and enter. Click on “2008-CF-015606-A-O” and scroll down until you see the date and the motion. It doesn't give you anymore detail on the motion than what is said in the above link. I didn't realize until after I posted the link that it didn't take you to the direct page.
Casey Defense Wants More Time For Expert Reports
Defense Says One Expert's Report Is 'Moot'
Hmm... No Dr. Lee. Very interesting...
Baez is asking for another 45 days to get the expert reports in. I hope JP doesn't grant that. He has had enough time to get that stuff together. Wasn't the 300 pages that the new attorney tried to get to the court house, but missed it by 2 minutes the reports on the experts, or was that for something else? If JP grants them the 45 days that brings it into March and cuts it pretty close to trial time. It won't leave much time for the prosecution to depose them.
Maybe he's asking for 45 days for two reasons. One is to stall and the other is to be granted extra time - any time, even another week.
It doesn't surprise me that Henry Lee is not going to be an expert witness. I have been waiting for that to happen. Hasn't JP already given Baez an extension for these experts? If so, he can't keep doing that or this will never go to trial in May. I feel for the prosecution having to wait so long to try and depose these witnesses. Baez and Mason need to get their crap together and get going on this case. They have virtually done nothing for the past 2 years and are now trying to cram everything in now that JP has set deadlines. I hope he says no to the extension and finds Baez in contempt. Does anyone know if the 300 pages that the new attorney for Baez tried to get to the court in time was the reports for the experts?
If Baez does not meet the deadlines, the expert witnesses testimony will not be allowed in. Judge Perry made that very clear. I doubt it he will grant the defense an extension of more time.
Dave, if I wanted to borrow $5 from you , I should ask to borrow $50, right? Were you ever in sales?