Debbie Does Defense

When Cindy Anthony stepped down from the witness stand inside courtroom 23, the room fell silent. While she walked back to her seat in the gallery, the judge asked the defense if it had any more witnesses. This was supposed to be Debbie Polisano's time to take the stand, since she missed the first call, but she was still absent. She was Cindy's supervisor at Gentiva. Judge Perry asked the defense what time the subpoena stated to be available and Jose said 2:00 PM. It was now 3:48. Instead of becoming angered, the judge allowed Lee to take the stand. A deputy went out and called him in.

As Cindy sat down in her chair, Mallory gave her a very loving kiss on the lips while embracing her and offering much-needed support as she quietly whispered in her ear. Cindy was visibly shaking and in tears. Her face was somewhat red. These were real emotions. This was not something any mother - any grandmother - would want to experience to begin with, let alone relive. Silently, I watched her despair, taking notes on paper and in my head, trying to understand what must have bounced around in her brain like a roller coaster ready to jump the tracks. No matter what, as human beings, we must admit that this is not a ride any of us would wish for; one she will tell again and again in her mind and in the courtroom. Needless to say, I don't envy her or anyone in her family. It is a ride to hell.

I took note of George's straight ahead gaze, one completely void of emotion. It was one that spoke volumes about a man who didn't want a part of this theater. I can't say why he seemed so distant, but everyone seems to know; the letters his own daughter wrote that implicated him and his son of some strange sort of sexually perverse behavior, the differences of opinions within his family and some of his friends over this entire mess, and God knows what else. The list may be long, but all I realized, as I sat there, was that these people didn't deserve any of this. No, not at all. No one does.

Lee sat on the stand testifying in his own inimitable style. He has a tendency to laugh when the need arises. I don't know if it's a nervous thing or whether it hits him when he feels like someone is backing him into a corner. It could be his way of remaining uplifted during times when he should be down. Some may think it's quirky, and I would find it most difficult to conjure up if my sister sat in the hot seat, facing a possible penalty of death, but that's me. To him, it's quite possibly a mechanism that helps him cope; helps him get through some, otherwise, very tough times.

He spoke of his arrival at the house, after his father called him on the phone and asked to go home because he felt his mother would need his support. That showed me the concern of a parent. Something was wrong, alright, but I don't doubt that no one knew what would be in store. Caylee wasn't considered missing at the time. To George, Caylee AND Casey were nowhere to be found. Did Cindy ever alert him to the fact that their daughter always had excuses for not putting Caylee on the phone? She's napping. She's at Disney. SeaWorld. If anyone thinks the nanny story was weaved during the third 911 call, Richard Grund was told of her "existence" long before. He told OCSO Corporal Yuri Melich in September of 2008 that Casey had brought up Zenaida Gonzalez sometime between March - May of 2006. (See: Richard Grund Interview)

Lee testified that when he got to the house, no one was to be found. Later, Cindy and Casey came home and the two of them were far from smiling. Cindy was quite frustrated. Where is Caylee? What is wrong with you? She was getting nowhere fast, so she asked him to talk to her. He took over and tried to elicit information, to no avail, so he decided to take a different approach. In a "last-ditch effort" before law enforcement would come to the house to question her, he wanted to know why they couldn't go get Caylee. Plain and simple. End of story. We go get her and call it a night. That's when she blurted out that she hadn't seen her daughter in 31 days, but I seriously doubt she was counting. Up until the moment Cindy found Casey at Tony Lazzaro's apartment, guess who was out partying every night, way too busy to remember days of the week, let alone worry about her daughter's whereabouts? She knew right where she was.

At 4:20 PM, a half hour after he began, Lee Anthony was excused by Judge Perry. He then asked the defense if their next witness had arrived. It took a minute or two before Debbie Polisano was found and brought in. She seemed to me to be a rather reluctant witness, since it was approaching 4:30, and to be well over two hours late to a court hearing is something most people don't think of doing. After her testimony, it became more of a "what was this defense thinking" by the line of questioning. This was Cheney Mason's witness to collect information that would be positive. When he asked her how it started, she told him Cindy needed to take care of family matters after her husband called. She said she needed to do that, to go home and pick up the car.

He asked her if she had a conversation with Cindy when she returned. Yes. Do you recall what she told you? Yes. "That they both (George and Cindy) found the car at an impound lot, that it had been there for a while, that she didn't know, she wasn't able to get hold of Casey, and the car seat and the baby's doll and the backpack were in the car."

"Did she tell you anything else?"

"She told me there was a terrible, terrible odor in the car."

"I'm sorry?"

"She told me there was a terrible odor in the car."

This is where Cheney Mason should have stopped asking questions. Instead, he continued and the damage went from bad to worse. "Did she say anything that, uh, that her husband George had said to her?"

"I asked her if she had opened the trunk and she didn't answer, and then................................ she said that, that she felt that it smelled like a dead body."

"Did she tell you that's what George told her?" And this latest revelation of the defense now investigating George becomes more clear. Is he to blame? Is he someone worth discrediting? Should the defense throw him under the bus with the rest of us?

"That George told her?"

"Yes, her husband, George." The latest target.

"I know................................ She didn't say George told her. She said they both knew that."

"I'm sorry, she what?"

"She didn't say George told her that."

"Yes?"

"She just said that they both knew that."

There you have it. The shape of things to come. Damning testimony. Mason later stated in his argument that Cindy had a long time for reflection before she made the 911 calls, because she went back to work and had to be told by her superior and her superior's superior to go home. He said that Cindy still talks like Caylee is alive today. In the end, it mattered not what Mason or Baez had to say. The judge ruled that the tapes were admissible at trial because the defendant will have an opportunity to cross-examine the witness who made the statements during those calls. They were not hearsay. They were excited utterances made by a desperate woman who wanted nothing more at that time than to hold her grandchild again, her grandchild who was now missing. When she handed Casey the phone, it was the first time she spun her web of lies to law enforcement. What she was so good at doing, or so she thought, could not convince detectives that she'd go get her daughter the next morning. Sadly, a part of Cindy is still waiting for the tomorrow that will never come.

When Debbie Polisano was officially excused, she walked to the gate that separates the court from the gallery. I watched her like a hawk because I wanted to see if there would be any exchange between her and her former employee. I saw none. As she opened the gate to walk through, she turned away from the Anthonys, almost as if it was purposely done that way as some sort of personal affront. As she walked toward the doors, she stared straight forward, and I got the distinct impression that there was some sort of parting of ways somewhere along the pike. Of course, I could be reading more into it than necessary. She might have been nervous, but once again, there was a silence that befell the courtroom, and I looked at this day as an eerie omen of things to come. While both defense attorneys had their moments, they fell well short of convincing the judge that they based their claims on case law. Before the second break, the state proffered an example of case law. Judge Perry was well aware of it. At that moment, I knew how the judge was going to rule. He did his homework.

♦

During the second break, I had the opportunity to talk to Cheney Mason about that particular case law that Burdick and the judge mentioned, something called Lurch v. State. I suggested, because Judge Perry had familiarized himself with the case, he already made his decision and it wasn't favorable for the defense. I told him he did a good job in there. He just said, "We'll see," and he walked back into the courtroom. My intent was not to irritate him at all and it didn't. It was just a commentary. Seconds later, I ran into Jeff Ashton. I asked him why he was late. Not so much why he was late, I explained, but was it the plan all along to have Linda question Cindy because her tone might sound less intimidating? He said, absolutely not! That was how it panned out. It could have been either of them, or Frank George, I suppose. There was never a plan like that. There never is, he said. It doesn't work that way. I thanked him and returned to the courtroom. There was still a lot of work to be done. The OBJECTION TO RELEASE OF DOCUMENTS RELATED TO INTENDED DEFENSE REVIEW OF EVIDENCE was still on the docket du jour. The defense was granted that one. What those experts were doing in town last week is considered work product. In the end, it wasn't a fiasco for the defense, but those recordings are not going to help at trial. Neither is Debbie Polisano.

On a final note, Fusian Ultra Lounge, Casey's old stomping grounds, is no more. In it's place is Fifty Brews Bar and Grill. The initial count has them pegged at 74 beers.

“I still think Caylee’s alive."

I decided to leave the house early yesterday because this hearing was going to be a real doozie. We had Mark NeJame representing Texas EquuSearch, and testimony from Cindy and Lee. As Bob Kealing from WESH reported days earlier, it was the first time in over a year that the Anthony family would be in the same place at the same time. George was there to lend his support.

When I arrived at the courthouse, around 1:00 PM, I ran into Bob. We discussed the case and rode up the elevator together, along with his camera operator and several other people. Also accompanying Bob was an intern from UNCW. He finishes his internship soon, so it was good that he got to go to a very important hearing. I pretty much hung around with that crowd and had a good chat with other reporters and Red Huber, the award winning photographer with theOrlando Sentinel. I also had a very good conversation with a certain court administrator who set my mind at ease over false allegations made against me. I'll leave it at that, but needless to say, no one was able to frighten me into staying away from the courthouse, and no one was on the lookout for a fictitious "gun-toting impersonator of the law" with a beautiful bald head.

It was around 1:30 when a deputy opened the courtroom doors and and called out to all media people. I was invited in with the others. Soon, Jose Baez and Cheney Mason entered and began to settle into their stations. Jose nodded and greeted some of the reporters and then waved to me, saying, "Hello, Dave."

Of course, I returned the gesture.

Moments later, Cindy and George entered with Brad Conway. I was in the second row and Cindy called me by name and asked if I would mind moving back a row. Of course, I didn't mind. No matter what, testifying in court is never a fun thing and I certainly wanted her to be as comfortable as possible.

After about 5 minutes, the door was opened to the public and everyone filed in. I had arrived early because of the crowd I anticipated. The courtroom and gallery soon filled up with spectators, and many went up the stairs to the balcony. I chose to sit behind the defense because I was with a media friend who sat there, and also for another very good reason. I wanted to be up close and personal to the most important people there, aside from Casey and all of the attorneys, meaning prosecution and defense. Besides, I see nothing wrong with sitting wherever I choose, whether anyone likes it or not, and in order to get the feel and mood of people, what better way than being near? I have never been one to believe that the side one sits on in a courtroom is the stand one takes, and as a writer, I need to approach a story from all angles, not just one.

I wondered where Lee was and, presto, just like that, there he was. He shuffled into the row with his girlfriend, Mallory, in the lead. After they both hugged George and Cindy he took a seat next to his mother, with Mallory to his right, directly in front of me. No matter what people may think, I found her to be a fresh-face in the courtroom. By that, I mean she had a clean and wholesome All-American look.

At 1:53, Casey entered the room. Seven minutes later, like clockwork, Chief Judge Belvin Perry walked in and took his seat behind the bench. The first issue of the day dealt with the reconsideration of a prior ruling made by Judge Strickland pertaining to Texas EquuSearch records. Judge Perry announced that both sides would have 5 minutes to address the issue. Within seconds, Baez asked for and was granted a sidebar with the judge, NeJame, Mason and Linda Drane Burdick. Jeff Ashton was not present at this time. 12 minutes later, the sidebar broke up, the attorneys walked back to their respective stations and the judge announced that Mr. Baez had withdrawn the TES motion. He said that the defense could inspect the documents again, they could take notes, and a special magistrate, Jim Glatt, would oversee the task. There would be no deadline, but he expected it to be done by some time next week, and a hearing would be set thereafter. With that, NeJame was excused and the court moved to the next motion, the 911 calls made by Cindy precisely two years earlier.

On May 10 of this year, the court asked for a response to an order regarding the theory of admissibility of those 911 calls. Yesterday, Linda Drane Burdick opened the issue by saying it should be treated like a motion in limine or else go to trial and file an objection of admissibility at that time, which would delay the trial. To give you an idea of the complexity, we must first understand this motion in limine. It's a motion used by attorneys in civil or criminal cases to preclude prejudicial or objectionable evidence before it is seen or heard by a jury. The primary advantage of the in limine motion is to avoid the futile attempt of trying to undo harm done where jurors have been exposed to damaging evidence, even where later stricken by the court.¹

There were three people set to testify, Cindy, Lee and Debbie Polisano, who was Cindy's supervisor at Gentiva, where she was a nurse. Lee had come with his erstwhile attorney, Tom Luka. Cindy was called to the stand first. Debbie Polisano was no where in sight. While sitting close to Cindy, I could plainly see she was very nervous. As she walked toward the witness box, Lee was asked to leave the courtroom and not discuss the case with anyone. This is a standard procedure and it eliminates the possibility of contriving the same or similar testimony given by the first witness.

Jose Baez asked the first questions. Mostly, the conversation centered on what transpired the day that led to the calls, from learning of the car at the tow yard to calling Casey with no response to finally finding her to frantically calling police. It was a nerve wracking day. She said that she took her lunch hour to pick the car up with George after he called to let her know. They met at the house. She took $500 with her. George never told her about the smell until they returned with Casey's car. He said he had to drive with the windows down because it was like something had died - like a dead body, in the car. George needed to go to work and Cindy took a few things out of the car to air out in the yard. She threw a pair of Casey's slacks in the washer and returned to work. She said that she didn't say anything to anyone at work about the smell of death, but did discuss the problem with her supervisor, Debbie Polisano, who was still nowhere to be found.

When she returned home around 6:00 PM, she took the slacks out of the washer and placed them in the dryer. She then went back to the car and again noticed the smell while removing dolls belonging to Caylee, and a bag. She put them in the back yard, too. This is when she found copies of Amy Huizenga's resumé. After calling Casey with no reply, she called Amy, who was at the Florida Mall. Meanwhile, George phoned Lee and asked him to go home to help his mother, as she attempted to locate his sister. Without going into all of the details, which we practically know by heart now, let's just go straight to the 911 calls. The first one came at 8:09 PM as Cindy pulled into Orlando PD's Southeast Community Police Office (SECPO) on Pershing Avenue. Unknown to her was that the office closed at 5:00 PM and it was now over three hours later. She told the dispatcher that Casey had stolen money and the car, but the car had been found. Casey sat next to her mother. Since it was not an emergency, she drove home and was instructed to call OCSO because it was out of Orlando's jurisdiction. This is because the Hopespring neighborhood off Chickasaw Trail is in an unincorporated area of the city and falls under county control.

Lee was waiting inside the house. The three of them conversed and during that time, Lee told his mother that he had smelled the car as he walked in the garage. The second 911 call was made around 8:44 PM, and Cindy testified that the dispatcher was lackadaisical about her claims and found it to be a non-urgent event. At this time, she was not aware that Caylee was missing. Meanwhile, Lee began talking to his sister about the situation. This is the conversation Cindy overheard that brought about the third 911 call at 9:41 PM. Casey hadn't seen her daughter in 31 days, she was abducted by a nanny named Zanny and Cindy was panicking fast.  Lee later testified that his mother pounded Casey's bed and screamed, "What have you done???!!!"

During this 911 call, Cindy testified yesterday that she did it out of desperation in order to force the police to arrive at the house faster. She said she had never smelled a decomposing body in a car before. Rotting and burned flesh, yes, but not from anyone expiring in a hospital or in the morgue, where bodies are refrigerated. She said she never put two and two together. She never felt that Caylee was the cause of the smell in the car.

When Linda Drane Burdick cross examined, she cited pages and sections from prior interviews; what she said during depositions with Corporals Eric Edwards and Yuri Melich, and FBI Special Agent Scott Bowen. Some of it didn't seem to line up with what she had just said. Suddenly, there were more instances of "I don't remember" than during the defense's more friendly engagement with her. She reiterated that she didn't connect Caylee with the smell. Burdick handed Cindy copies of the 911 transcripts in an attempt to refresh her memory and force her hand. (Jeff Ashton arrives at 3:13) Cindy knew that Casey had told Lee that they had to wait until the next day to pick up Caylee and this is when the 31 days came into the conversation that shocked Cindy. Burdick maintained that none of the three 911 calls were premeditated, particularly the last one, and that's what made it an excited utterance as opposed to hearsay. To make this clear, an excited utterance is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. (See: Hearsay Exemptions if Witness is Able to Testify)

We took a 10 minute break at this time. While out in the hall talking to someone, Jose Baez passed by me on his way to the men's room. He patted me on my shoulder and I asked him one quick question. "Are you a baseball fan?"

"I LOVE IT!" he exclaimed, and continued on. It was just something I knew in my gut, it wasn't really important, but it does show he's got a life outside of this case.

When court resumed, Jose came back to rebut. Cindy made it clear that she wanted police to continue looking for a live Caylee, and that she made statements to law enforcement to force them to continue searching for her granddaughter. It was at this time she said, "I still think Caylee's alive."

A minute later, she was excused and Debbie Polisano was called. She was still not at the courthouse. The judge reminded the defense she was subpoenaed to testify and the subpoena stated 2:00 PM. Instead of getting angry, the judge shifted to Lee, who was outside awaiting his call. It was now 3:48 PM.

Here is where I will end it for the day. There's plenty more, but over the weekend, I want to explain more of the dynamics in the courtroom - family, attorney interactions and some of the people sitting in the gallery. I will also go more into why the 911 calls were allowed. There is something else. I have been saying all along that I felt Cindy was (and remains to this day) in denial. This is something that has been so difficult to absorb, I don't think any of us know how we would react if handed the same set of circumstances. Would any of us come out unscathed? I'm not making any excuses, but sitting where I did, I could see clearer than a TV screen, HD or not.

Casey trial will stay in Orange

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

- Chief Judge Belvin Perry, Jr.

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

Change of Venue

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

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

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

Jail Visitation Logs

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

Wild Party Pics

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

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

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

Hearsay

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

Motion to Dismiss Indictment

Denied. ‘Nuff said.

Motion to Compel Bench Notes

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

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

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

Big Story of the Day!

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

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

My Observations

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

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

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

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

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

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

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

Judge Perry’s lightning speed steals Mason’s thunder

“Be patient and you will finally win, for a soft tongue can break hard bones.”

- Proverbs 28:13

The last time I was inside the courtroom on the 23rd floor, Casey Anthony pleaded guilty to all fraud charges. That was four months ago on January 25. In June of 2009, I wrote a post titled, Guilty as CHARGED? that clearly spelled out why I thought she had no solid defense against those charges. The word CHARGED was my way of saying she charged her purchases on a checkbook she stole from her friend, Amy Huizenga. Why this defense chose to take it completely out of context in its motion to dismiss Judge Strickland is far beyond me, but so it was written, so it was done. God save the judge.

This time, on Friday, the courtroom took on a completely different atmosphere, as a new judge sat on the bench. Known as a no-nonsense jurist, Chief Judge Belvin Perry, Jr. lived up to his reputation. The mood was clearly stoic and reserved. As much as Judge Strickland deserved the same dignity and respect that Cheney Mason did not afford him, quite clearly, this time he sat quietly in the courtroom like a timid church mouse. Was he expecting this sort of outcome after Judge Strickland dismissed himself? Only time will tell, but if there is true justice in the world, Cheney Mason will not stand between it and the mockery he made of the court by filing the motion to dismiss and the later objection he filed in response to the court’s order.

When I got to the courtroom, it was a matter of minutes before Judge Perry entered. I noticed that Casey was wearing a light pink shirt and her hair was tied snugly back in a ponytail. She seemed to be in good spirits until Judge Perry entered the room. From that point on, gone were the smiles and hand-rubbing. As serious as the judge was, so was she. The more relaxed attitude of Judge Strickland’s court was washed completely away. This was business as usual, but a tougher version of it mixed in with a heavy dose of reality. Judge Perry had no qualms about discussing the dreaded death penalty.

He first addressed the monumental list of State witnesses, over 250, and the small number, 36, that had already been deposed. This is something he wants done. Let’s get a crack on it. MOVE, MOVE, MOVE!  He told the defense to file a proposed deposition schedule. He will not allow for any excuses. In light of this, he gave prosecutors and the defense strict orders to get their evidence and witnesses in order. Prosecutors said that some out-of-state witnesses were reluctant.

“I’m quite sure that Sheriff Jerry Demings will aid us in going to make those witnesses available for deposition,” Judge Perry said. In other words, depose them or the court will. There will be room for one courtesy call ONLY.

On record, Jose Baez listed himself as lead counsel for the day. Will that change by the time the trial gets underway? That’s anyone’s guess, but I did notice he addressed the judge as “Judge” on several occasions, instead of “Your Honor.” Some habits die hard.

Moving on, His Honor was irked that the defense still hadn’t talked to the JAC (Justice Administration Commission) about how much money the case will cost Florida taxpayers.

“I got time next week and the following week. That needs to be done like yesterday,” Judge Perry said. A hearing on the matter has been scheduled for this Thursday. He ordered attorneys to block out several days the following week (next week) to argue over unresolved motions, including all non-death penalty motions, whether the state’s death penalty is unconstitutional, whether jurors will be allowed to view pictures of Casey partying, and allegations of Roy Kronk’s domestic violence. This will most likely be held on the 10th or 11th.

Judge Perry really got down to the nitty gritty of changing the venue. Stating that it would be too cost prohibitive to move the entire trial to another county, he proposed moving a jury here if one could not be seated within the confines of Orange County. He said, “I have done a number of change of venue cases. Once I grant it, the location will not be disclosed. It will be disclosed at the last possible moment.”

He does not want the media to know until the last minute. That way, all publicity surrounding the location and jury selection will be kept under wraps. It seems apparent this judge wants the trial to take place right here in Orange County due to the massive costs of uprooting everyone, including over 250 witnesses, mostly from the Orlando area. He has no problem moving a jury here instead, if necessary. Most assuredly, this is something I was positive Judge Strickland would have decided. Many of us felt the same way, so it’s nothing new, but what may be is sequestering. If the judge decides to sequester jurors, which cuts them off from all outside influences, it could make jury service much more tiresome.

When asked, Jose Baez said, “This is really not just about the publicity. This community is intimately involved in this case by way of searches, by way of protesters.” He noted that the types of people the defense would want to hear the case may not be able to handle the stress of two months away from home and family.

“It is no secret that this case has received widespread publicity,” Perry said. He went on to say that the only way to make sure they are not infected or polluted during this proceeding is to sequester them.

Judge Perry asked the prosecution how long it expected to take to argue their case. Linda Drane Burdick responded that it would take about 3-4 weeks. The judge asked the defense the same question. Baez answered, about 3 weeks. The judge then set a working schedule of five-and-a-half days per week, meaning a half-day on Saturdays. He said that he would submit a list of movies for the jury to watch and each side could strike any from that list, no questions asked. Remember, there will be no TV for a sequestered jury.

Finally, he brought up the DEATH PENALTY phase. This was something Casey could not order her attorneys to “make him stop.” I almost swear I saw the hairs stand up on the back of her neck. Her parents were in front of me and I watched Cindy cringe.

How long will it take the state to argue? Jeff Ashton stood and said it would be done in a day. Baez then stood and said it would take the defense anywhere from 3-5 days.

Judge Perry reminded the court that we live in an adversarial system of justice, which is “the two-sided structure under which criminal trial courts operate that pits the prosecution against the defense. Justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one.”¹

He wanted to move the trial date up a week, to May 2, but Andrea Lyon reminded the court over a speaker phone (in absentia) her daughter graduates college that week. The judge accommodated her and allowed the date Judge Strickland set to stand at May 9, 2011. Meanwhile, he expects to hold status hearings every 45 day. With that, the hearing came to an abrupt – no, not yet… Baez corrected the judge, who called Andrea Lyon “Miss Lyons.”

“There’s no ‘s’ at the end of her name, Judge, and it’s Professor Lyon.”

The Honorable Judge Belvin Perry, Jr. stood corrected and walked away from the bench. So it was written, so it was done.

Order Regarding Deposition Schedule

Order Setting Motion Hearings 5-03-2010