While waiting for Frye...
Thursday, April 21, 2011 at 3:03PM Glaring from the headlines of WFTV and the Examiner were shocking declarations that Casey’s defense is searching for someone else to explain her story to the jury; someone willing to blurt it out so she won’t have to take the stand at her trial. On Tuesday, the ABC affiliate in Orlando wrote:
DEFENSE WANTS SOMEONE ELSE TO TELL CASEY’S STORY TO JURY¹
Yesterday, the Examiner had two separate headline links, and depending on which one you clicked, you saw:
CASEY ANTHONY TEAM FILES MOTION ASKING SOMEONE [to] TESTIFY ON HER BEHALF (READ HERE)²
The other one popped up two minutes later:
CASEY ANTHONY DEFENSE MOTION REQUESTING SOMEONE OTHER THAN CASEY BE ALLOWED TO TELL HER STORY AT HER TRIAL³
Of course, it would be easy to surmise, from WFTV’s headline and the first one from the Examiner, that Casey’s defense team is searching for someone who knows how to narrate a good story, perhaps someone like Garrison Keillor. The problem is, that’s not at all what the defense response says - the one both Websites loosely interpreted.
Initially, the defense team requested the testimony of two psychiatrists, Dr. Jeffrey Danziger and Dr. William Weitz. They were expected to explain, at trial, Casey’s actions after her daughter disappeared. Why did she wait until her own mother reported her grandchild was missing? A whole month, for crying out loud! How long would it have been had Cindy not corralled her daughter?
From the WFTV story:
Now, the defense has filed new documents (read them) asking the judge to let “someone else” tell Casey’s story, but it’s not known who. They don’t want their experts to do it anymore, because then the state’s experts would have gotten free rein in examining her.
But they are trying different tactics to bring in that testimony some way, somehow.
Most interesting to me is that “someone else” is in quotations, which leads one to believe it was taken verbatim from the defense response, RESPONSE TO STATE OF FLORIDA’S MOTION IN LIMINE. It was not.
The Examiner’s subhead says, Casey Anthony team files motion asking someone testify on her behalf (read here), only the response does not say that.
What the response does say is that the defense team wants the judge to deny the State’s Motion in Limine - which he did deny yesterday. Specifically, it asks the court to “prohibit any reference to or mention of certain testimony by the Defendant or any other witness as to events subject to Florida Statutes 80.401, 402, 403, and 404 until such time as their testimony has been proffered to the court”… Because both doctors have been removed by the defense in the guilt phase, “… the reports and the express contents of will not be introduced at trial.”
Here’s where it gets tricky. While the response does not ask for permission to have someone, anyone, recite her story, it does make the claim that “… the events referenced in the reports, which were gleaned through interviews with Ms. Anthony, are admissible as subject matter germane to the theory of the defense.” Although that is tantamount to requesting someone else testify on her behalf, it does not blatantly say so. It is an inference only, because what it does say is that her account of events should be admissible in some form or another. Is it up to the court to decide? I don’t know, but there are several avenues that may work.
WESH asks, COULD FAMILY DYSFUNCTION EXPLAIN CASEY’S BEHAVIOR?‡, with this subhead, Possible Defense Strategies Would Keep Casey Off Stand. The article then goes on to say:
Anthony’s defense argues that what she revealed to the experts is so important that it should still be admitted as evidence.
Lawyers say the information is highly relevant and supports a defense theory that would explain why Anthony didn’t report her daughter’s disappearance for 31 days. Prosecutors said she lied to investigators during the initial days after Caylee was reported missing.
What WESH reported was the truth. You’ll notice it makes no claim that the defense is searching for a storyteller. When Richard Hornsby was questioned, he said that he thinks they want to introduce the information without Casey having to take the stand. He’s right, and he goes on to say:
Who else could testify about trauma in Anthony’s life? Her own family.
It seems they’re pointing at George, who would overreact or act out. That is going to be why Casey didn’t feel comfortable coming forward to her parents during the first 31 days.
Anthony Colarossi, an Orlando Sentinel senior reporter, wrote an article that went online yesterday. Titled, CASEY ANTHONY’S EX-BOYFRIEND SAYS SHE WAS ABUSED BY FATHER†, it cites Anthony Lazzaro’s recently released deposition with law enforcement. It explains why Casey may have been afraid to tell her parents about what happened to Caylee:
“From what I remember, I think it was just hitting – that she was physically abused,” Lazzaro told attorneys during a Feb. 18 deposition.
He said Caylee never appeared to be neglected or abused, but when asked about Casey, Lazzaro said she had told him about being abused herself.
“I just don’t recall it being sexual in nature,” Lazzaro said. “It could have been. Honestly, it would have been much better to do this at that time. I just know she said that they didn’t live together and she made it sound like her dad was like this really bad guy.”
The article continues with Lazzaro’s deposition and includes snippets taken from Amy Huizenga’s interview with the State. In my opinion, anything that Casey told Lazzaro and Huizenga should be hearsay because it is being told by a third party, and since there’s no way Casey will take the stand to corroborate their stories, it leaves the defense team befuddled. How do they get Casey’s story across?
To be quite frank, someone will have to address the issue. How should they handle this dilemma? Well, not that I’m trying to help the defense or anything, but if it’s that important, couldn’t Jose Baez & Co. easily turn George into the fall guy, a scapegoat, by having him testify that Casey was scared to death of him, that she was petrified of his nasty temper? Cindy’s, too? It would certainly get the point across, and that may be exactly what the defense is planning. I have another idea. They can ask Casey to write a new letter to Robyn Adams that explains, in great detail, everything she told the mental health experts. Or better yet, she can write one to George. Either way, they could then submit it as evidence.
LEGAL NOTICE
©David B. Knechel. All Rights Reserved. No portion of this site can be reproduced in it's entirety or in part without expressed written permission by the owner/administrator of this site in accordance with the Digital Millennium Copyright Act. Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. §512(c)(3). The charges against defendants are mere accusations and the subjects are presumed innocent until found guilty in a court of law.
Reader Comments (42)
Ok Dave but even still, she did not say anything to anyone!. The very night that she says Zanny took caylee she is at blockbuster with Tony renting movies! Shes sleeping next to the guy every night and never mentions her daughter is missing>?
Dave~ why would a 22 year old still live at home with abusive parents? Why not get a job and get out? When she turned 18 she did not get out and she had a job. Universal. I think she wanted her boyfriend to feel bad so he would understand why she basically just moved in with him.
Even with this abusive theory, say Caylee died from an accident. WTF is up with the duct tape? I do not buy she staged it to look like a kidnapping. How many 2 years get kidnapped and duct taped? Uh 1. Which are we suppose to believe George physically abused her or is it sexual abuse. At this point we have heard both stories from Casey.
The trial is days away and Jose still has nothing. Instead he is wasting time trying to set up another innocent person. Jose keeps saying the state needs to back it up. Jose, they have! There is photos of a 2 year old with duct taped attached to her face and hair! How much more can they back it up? This defense team is going down as complete fools.
Oh and by the way the Media gets it wrong daily, no surprise there. :)
Casey lies about everything about her job about the nanny kidnapp ..Even if another person tells her story events related by Casey will be considered more lies,,,They cant have her give evidence because even the defence knows she is guilty an would be exposed...........
Hello Dave, EP (I have a son in grad school at Sheffield)..everyone..
It is all lies. No one could possibly believe she lived off her parents and they were abusers. If so, what was she thinking exposing the baby to that?? They were free room and board, free childcare (though that hat rough spots when Cindy says the baby was "ours").
I find it amusing that Baez is giving interviews, and taking services from CBS, all the while complaining about the media coverage. He seems to be looking to the media for defense ideas..meaning he is fresh out. No defense for the guilty! I know she is innicent until proven, but she has proved it to me!
Dave, There is no evidence that Casey was or is afraid of her parents. Quite the opposite, is true. The manner in which she addresses her parents in the jailhouse visits shows her parents walking on eggshells in their dealings with Casey. The letters her parent wrote to her in jail reveal their pleading with her to see or write them. It is quite apparent George and Cindy bow to Casey. She uses the “F”, word quite freely on her parents. No respect is show to them by Casey. The Defense team can put Saint Theresa on the stand to tell Casey’s story. It would still be hearsay. Dave I read the article about the bloggers making this story so huge. The internet and the Florida Sunshine law have given insight into this criminal case, in a manner that no other case has had before. I am sure it will not be the last.
Judge Rules On Stain In Casey's Trunk Judge Says Evidence Will Be Allowed At Trial
What is even more compelling is that the Defense Team has no viable Defense for their client...how long has this been going on...3 years...how many theories were given...better yet, lies...It is my opinion, because i can not substantiate it by providing "snipped articles" or references but, IMO, because the depositions thus far do not implicate or open the possibilities of abuse that is why someone else, like the family, will have to bring them up. This may explain the hiatus of George from the latest hearings but i would surmize he's working...I know he said he'd do anything for his daughter but i hope its not lie for her in order to keep her out of prison.
I'm sorry Dave, but to me this falls right in line with dirty politics. Heaven forbid HHJP allowing such back door dirty tactics. This is beginning to give me an ulcer and the stress of all of this could well be the cause of some of your recent sickness. I hope not. But we lose sight of what this is all about..THE LIFE OF A SMALL INNOCENT CHILD. The lies and treachry never ends. I am really concerned there will never be justice for this baby and all the leeches will just get rich off of her tragic demise. What a bad taste this has left in my mouth.
Hope you are feeling much better.
Re the stain in the trunk of the Pontiac...
Judge Perry's Order
not only am i glad that the judge allowed the stains but its how he allowed the stains:
In his order, Perry said, the defense bears the burden of proving the facts alleged in their motion and "justifying the relief requested."
But Anthony's defense, he said, "did not present any factual evidence at the hearing in support of the grounds alleged in the motion, and therefore failed to meet her burden of proof."
They are running out of straws and i'm needing something for my Long Island Iced-Tea!!!!
I think Casey should tell her story, Dave would the best to do that in print. Lie or not it should happen before the trial. Why can't the defense record her story with authority present so no changes are made and it be locked up for only the jury to hear. .
Here is Bill and Kathi on the Judge's latest ruling. Bill still holds some misgivings about the 'air sample testing' coming in.
VIDEO BILL SHEAFFER: Analysis Of Judge's Ruling On Trunk Stain
Video Summary:
WFTV legal expert Bill Sheaffer provides his analysis of Judge Belvin Perry's ruling to allow stain evidence in the murder trial against Casey Anthony. (04/21/11)
The defense is desperate. Hopefully, attempting to mold Tony into the role of an out-cry witness is the final trick in their bag. I am curious, though—when did Tony learn of the physical abuse the murderous mama supposedly suffered at the hands of George? Did Tony learn of the alleged abuse prior to the murder of Caylee? Or did the murdering mama deliberately create and reveal the phony abuse claim after she triple bagged her beautiful baby? Just out of curiosity, how long had Casey and Tony been together before she revealed the phony abuse claim? Don’t most abused women wait until they are in a well established, loving, and deeply committed relationship before they share their history of physical abuse? As I see it, from the moment the monstrous, murdering mama stared into the eyes of her precious child and duct taped shut her mouth and nose, she has been manufacturing a fictional tale of abuse. She continues to believe she’s smarter than everyone. Oh, well—death row is full of convicted felons who believe they’re smarter than the rest of the world.
And Dave—congratulations on your new gig with OM!
I would think that whoever they put on the stand to try and tell her story that it would all be hearsay. Casey would have to get on the stand and say what her story is, but the problem with that is that no one would believe her because of all her lies. I don't for one minute believe she was afraid to tell her parents. I also don't believe it was an accident of any kind. I believe she intentionally killed Caylee and this defense is going to have a very hard time selling that story to the jury. You don't put duct tape across a 2 year olds face because you were afraid to tell your parents. Even if she wrote letters to Robyn Adams saying she was afraid of George it would still be hearsay. Any way this defense turns the jury isn't going to buy it. This defense and Casey are screwed.
Dave,
Another great article! All these motions are giving me motion sickness.
I agree with what Glenda about this case and the stress it has caused to those following it. And I know that I dare not forget my BP meds for fear of "wigging out"! Stress can kill, and most people will show some signs of it before they realize what is happening to them.
So, if you are going to be sitting in that courtroom daily during the trial you really need to be sure that you have your stress under control.
Some of my stress has been removed with the news about allowing the stain in the trunk evidence in.
Take care because we are all counting on your reporting!
Mary Jo, what Casey wrote in the letters and was her own handwriting would not be considered hearsay. I doubt if what she wrote would be believed tho.
Snoopy, you are right about the letters not being hearsay. She will not be believed at all by the jury.
Surprize! Surprize! (said in my best Gomer Pyle voice)
The mainstream media has Sensationalized another headline and distorted evidence to support their story. Honestly that really doesn't bother me as much the latest Jose Baez sideshow.
I saw some clips out of an "exclusive" interview that Baez is doing with Ryan Smith of InSession. Even InSession conceded it was unusual for any attorney to be granting interviews on national TV so close in time to trial....not that it would stop them from grabbing that "exclusive". Again, that doesn't bother me as much as what Jose Baez said in the clips they showed. After all if it wasn't InSession it would be someone else. (Bet the little executive henchman over at CBS is PO'd that the Morning Show didn't get that exclusive after their 48 hours "tainted mystery".)
What Jose Baez said that sat wrong with me is the reason the public and the media are so engrossed with this case is because Casey is a young, good looking white girl. He went on to say if Casey were a minority we wouldn't care adding there are plenty of those cases out there that deserve the attention Casey gets. That isn't verbatim but it is close.
I can't say what he said isn't true, it's the lying by ommission that ticks me off:
Child missing for 31 days without being reported.
Evidence of Child's Mother celebrating life while her child is missing
Child's Mother leading LE on a wild goose chase in the name of assisting to find her daughter.
Child's grandmother shouting from the highest rooftops that police are building a case against her daughter instead of finding her granddaughter. THAT is what garnered the nation's attention...could this child be alive...is this just a power struggle between mother and daughter?
What KEPT the media and public's attention was the child's mother's lawyer hopping in front of every camera he can find so effectively that top names in their fields came forward to assist his case. Oh wait.... Did I forget to mention the $200,000 worth of pictures child's mother and her attorney sold that flooded the media? The child's family granting every type of media they could find and then fighting with those who asked tough questions....
The Sunshine laws that supplied a regular flow of evidence being distributed has played it's part too but I believe would not have been exploited by the media if the case wasn't already a sideshow. There are similar cases that don't garner national attention.
Sorry for the rant peeps, I know this is nothing that you all don't already know....but WHEW! I feel better.
katfish~~I feel better too after having read your rant! Thank you kindly. Who was it that fought the gag order way back when Judge Strickland was on the bench? Yup, good ole Baez et al.
So Baez thinks Casey is good looking. Beauty is in the eye of the beholder. I wonder who Baez is comparing Casey's looks to, his wife, the girl next door, his ex wife, Geraldo? I always thought that beauty came from deep within. In Casey's case, sadly I see evil. In Baez case, beneath his smirk, I see twiddley dumb and twiddley dumb.
WHEW....now I feel better. LOL
IMO.....They can try all they want to blame George. Lets not forget that when George wanted to get that thing out of her car trunk, she about barreled over him refusing to let him get in the trunk. First that tells me that George had no idea what had happened to Caylee because Casey had already killed her and put her in the back of the trunk and not wanting anyone to find out her dirty little secret. All the while telling her father, who she is "deathly afraid of" here is your F====== gas cans. Whoa!! Does that sound like a girl afraid of her dad? And then another time, Casey yelling at George and telling him why does he not act like a father for once in his life? I sure don't think she would have the nerve to say something like that to him if she was so "afraid" of him. Who dares to steal about 45K from the parents that your so afraid of? This is all smoke and mirrors and the defense has thrown any one they can under the bus and when it doesn't stick, move on to the next. It amazes me that if George did this (I will never believe this hogwash) that that family was WILLING to let someone else take the fall for any of them PERIOD!!! Possibly sending an innocent person to death row. Anything, just as long as princess gets off!!!! What shame and totally sickening. I don't see anyone on that jury buying into this whole mess. It is so clear. Crystal.....One more thing, if it was an accident or George did it, her little girl is dead and she is swinging on a pole with smiles miles long on her face thinking of the Bella Vitta life, all the while knowing Caylee's fate!!! If it wasn't for Cindy calling the police, we probably still would not heard from Casey... Caylee your justice is coming...
Looks like I picked the wrong week to quit smoking...
This case is making me crazy. I am addicted to it. Every motion, every article that comes out, every nuance.
Since the defense has lost the ability to introduce the psychiatric/psychological reports which were to explain in the first MINUTE why Casey Anthony waited 31 days to mention that her daughter had been missing, I see absolutely no way that this case will begin on schedule.
We ain't seen nothing yet, as far as delay tactics go. Just my opinion. And I'm hoping against hope that I am wrong.
@Snoopy, So glad to hear my rant made you feel better too. LOL Pass it on........ :~)
@PkRaddock, This might be a bad time to quit smoking.....maybe in 2 months or so would be better? Good luck at any rate...I quit in 2000 and have never regreted it. What stops me from smoking again is the memory of the withdrawell. I never want to do that again ! To be honest I enjoyed smoking, what motivated me to quit was the control the addiction had over my life and oh yeah, that hacking in the morning thing.Once again best wishes!
So you think the defense will come up with more delay tactics? Hmmm They better not ! I have my trip to FL planned for the 1st week in June and plan on trying to get in a day or 2.
@kminsc, It seems like that bus the defense has been trying to throw anyone but Casey under for the last 3 years has some flat tires. Imo, the only way George will wind up under that bus is if he jumps under there. I don't care what he says....I don't believe he has the guts to do what it takes to get Casey off the hook. If he did he wouldn't have allowed her to sit in jail for 3 years. jmho
Dave, perhaps the defense should be taken more literally. It may not be a reiteration of what Casey said. It may be testimony regarding what happened or what the psychologist(s) said or did during the examination.
Hey, it's something to consider.
I've been thinking about the best way the defense could explain Casey's behavior when Caylee became "misssing". Baez stated that this behavior during those 31 days would be explained in opening aguments. How's this?
George had threatened to take the baby away from her.
This babysitter took the child.
Casey thought her Father had someone take her to teach her a lesson.
She wasn't sure if Cindy was in on this so she taunted her mother with stories about her whereabouts..
She believed her Father had someone caring for her so she wasn't really concerned for Caylees saftey., which would explain why she was out partying up a storm. What do you think?
I think there is only one person who can tell "Casey's story" honestly and be a credible witness and that's LEE. He not only witnessed it, but he lived with whatever abuse was going on himself. He's been honest so far so I'd expect him to be honest still. So if, for some reason the defense doesn't use him then the state could to rebut any false information about what went on in that house. Casey's problems were mostly her mother from all appearances. If she was afraid of her father and his reactions it would probably be because he is ex-law enforcement and would blow a gasket for good reason.
Also let's not forget when Cindy and George went to visit Casey and was asked who she wanted to visit with. SHE WANTED TO SEE GEORGE! No one else and she had a choice. Lee, Cindy or George. She went with George. Oh this was the secret meeting without video or sound... This was all in the beginning. Will look for that video.
I'm starting to wonder if George does know more than we think. If I remember correctly her phone records showed she had called George at work several times at the Lexus dealer around the 17th of June. I'm going to look for that again.
Any opinions?
In the interview Jose Baez did with InSession he also said he didn't believe in the death penalty because he didn't believe it was up to a human being to decide the llife or death of another human being. Ironic, yes?
kminsc: =}
Loved your assessment!!! I think everyone here agrees that its smoke and mirrors and its obvious, at least to me, that they have not molded a viable defense to protect their client from the gallows. What other reason would there be to have someone else tell the story of why KC is the way she is????
One thing that crossed what ever mind I have left is...Wonder if Jury says LWOP and His Honorable Judge Perry says DP , if defense will play the race card...That just seems so stupid in this day and age and I'm surprised that I even thought about it...
Conniefl, I have to respectfully disagree with you about Lee being honest and a credible witness. Wasn't it In his deposition by Ms. Gonzales' attorney that he said he believed everything his sister told him regarding Caylee's disappearance? That would make him either delusional or dishonest, and I do not believe he is delusional.
I think unless Lee has recently changed course, he is as willing as Cindy and George to say whatever he needs to to get his sister off.
Dave - We will never know the truth - even if Casey were to come forth now with a ''new'' story it would be taken with a truck load of salt. This girl was not physically, sexually, or emotionally abused by her father, George. He is too fearful of Cindy - he ''stole'' from their joint accounts to cover his debt from an internet scam. If anything Casey was 'harrassed' by her mother Cindy. To grow up and take responsibilty for her own actions!
Both Cindy and George believed everything Casey told them, "I have a job" "I am not pregnant" "Jesse Grund is the baby's daddy" " The baby's daddy is dead" "I have a nanny for my baby" "I am busy with work will you watch Caylee" "I did not steal from you - Mom and Dad, Grandma, Grandpa, Lee, Tony, or Amy" and the biggest one of all that she herself has not publicly said but is being said by her attnys (and her parents) - "I did not kill Caylee."
I think your idea is brillant. The defense just needs 1 juror to believe that Casey might've been fearful of her father. Writing a letter to George/Robyn might get at least a deadlock jury.
must be true that desparate times call for desperate measures....what else can JB possibly come up with? Sounds more like this came from CM. They are really grasping at straws now.It's almost laughable.
I'm going to be away from my computer for a few hours. If your comments get caught in moderation, I'll let them out when I return. Thank you, everyone!
George was heartbroken over Caylee. More so than anyone else. He tried to be truthful, he sneaked off to the police station to try and help find Caylee.
Casey led them on a wild goose chase.
Cindy realized her statements hurt Casey. She started covering up.
Lee well he tried to be Captain Underpants and solve the crime by himself. I think it back fired because he did not realize how twisted his sister had become.
IMO LE has the right person in jail. She is not afraid of anyone. She had friends willing to split rent and live with her and Caylee. Casey had it to easy at mommy's house. Free rent, free baby sitter, free routing number to various checking accounts and a mom that never punished her princess. So if Jose's plan is to set up the parents forget. If his plan is to turn this into an accident forget it. A caring, loving mother does not duct tape their child and triple bag them like trash in the case of an accident. Do not even get me started on the partying, stealing and tattooing in those 31 days. Casey needed one more day, she did not even want the police called when she finally told her nanny story.
The rants do feel good! :)
I still go back to if Casey was truly innocent of first degree murder and they had someone else that they know did this, there is no way that she would be stiting in jail for the past 2 years or more. I do not think that there is any kind of story that this defense can spin that the jury will believe. If someone is innocent they usually will do anything they can to get out or at least go to the media and beg for their child to be returned or are out there trying to find the child. She did none of those things and neither did her family.
I'm sorry I haven't commented. I'm formatting the article that's appearing in the May issue of Orlando magazine. It should be up shortly.
If Casey did not murder Caylee think about all the years she has had everyone on a string for which she could be getting a certain smartass satisfaction in attention. A very slim chance of course but in observing her, she is the center of attention, such as it is, and isn't that what she portrays as her greatest need in all her photographs? If guilty, maybe she has reconciled herself to where she is headed. When as much reality as she can possibly absorb sets in, I doubt she will still get, it even though she finds herself on the table. Or, do you think she has enough conscience of knowing she is guilty and figures let the party continue as long as she can. I can almost see one of those winks with her victory sign at the end, whatever the sign is that she and her friends used to make, some said it was of satan. I haven't noticed lately, a reference to this trial being televised like OJ's was. Anyone know? Time is approaching fast. Easter, Mother's Day, people will be busy, and there we are.
hey dave, u know i reckon with the post traumatic stress thing ... i was thinking she was going to say she caught george abusing caylee and thats why she didnt say anything or she knew george was doing "the same to caylee as he supposedly did to casey, was that were they were going to go with that ?.. as in if she is found guilty she felt she was taking caylee out of the situation.. i dont know just wondering because i just cant imagine any other excuse.. and even thats scraping the barrel..jmo.. take care and best of luck again with the new post ... cinta :)
Dear Dave,---Your Orlando Magazine pic and article was great and so was the other one. I am so happy and proud of you and for you. It wont be too long until the trial---I am not able to pick up Court TV at work--it has been blocked by my boss as it is being recorded--but I can pick up the hearings afterwords. So I guess I will stay a little behind. Sure wanted to watch at my lunch break.