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    OPEN FORUM > What is the Casey Anthony "state of mind" issue?

    I just finished watching the second day of Frye hearing in the Casey Anthony case. It ended in my confusion. The prosecution made it known that the defense has two witnesses that the prosecution has not had opportunity to deposition. Baez was aprehesive to talk about the issue in public. Then another defense team member came to say that the two witnesses in question have to do with the "state of mind issue".

    What on earth could this be about?

    March 24, 2011 | Unregistered CommenterLaura

    I'm going to research it, Laura, and write a post.

    March 24, 2011 | Registered CommenterDave Knechel

    Laura raised a very good question here. Do you think the Defense is going to go with Caylee drowned in the pool and Casey freaked out? (ugly coping) Thus going for diminished capacity and that would take 1st degree murder off the table? Can they claim diminished capacity at this late date? Do you think this is the "trial by ambush" as the state would have to do depositions and find their own Doctor to dispute it? Thus stalling the trial?
    Thanks Dave

    March 28, 2011 | Unregistered CommenterChar

    I'm not surprised by this- the rulings have mainly been going against them, and other arrows in the quiver are done busted. If she Did It (HAH!) then there must be an understandable reason for that AND the behavior that followed. They need to explain both- not just the one or the other.

    March 28, 2011 | Registered CommenterKaren C.

    There is a NEW hearing scheduled for tomorrow, Thursday, March 31, 20011 to allow New Defense witnesses. The two witnesses that the prosecution has NOT been able to deposition are Dr. Jeffrey Danziger and William Weitz, Ph.D.

    The defense wants both "to rebut recent rulings related to the defendant's state of mind and conciousness of guilt." ( I found this out from The Orlando Sentinel website.)

    I have also learned, since my first posting, that the defense attorney who made the initial statement in court last week was Ann E. Finnell. I was unaware of who she was at the time.

    I am guessing that Defense wants to be able to rebut prosecution's potential witness statements that Casey had shown no concern for Caylee while she was "missing." (examples: 1) she never even told Anthony or anyone else of any concern that Caylee was missing. 2) while the head of TES began setting up volunteers, etc. to look for Caylee, not once in aprox 4 days did he ever hear Casey even mention Caylee's name)

    Reminder: Second round of hearings on scientific issues continues this Friday, April 1st,(April Fool's (Baez & co.) Day) @ 8:30 am. And also on Saturday, March 2, 2011 @ 8:30 am (if needed) Wow, Judge Perry means business!

    I hope to get answers tomorrow. Just filling in the pieces. Thanks everyone!

    And it looks like a very busy week ahead, Laura. Thanks for the info.

    March 30, 2011 | Unregistered CommenterLaura

    Hi Laura, Char, Karen C and everyone!

    I believe at the end of the last hearing that Ann Finnell said they weren't going to go for diminished capacity after Jeff Ashton asked her. She also said they would be mostly used for the penalty phase, and a little for the guilty phase. When Ashton stated that they would need to get their experts together to examine Casey she said they wouldn't need to do that. I don't know if it is just wishful thinking on her part, or if she was trying to get the State to not examine her. The defense hasn't even gotten the reports from these two doctors yet, so it may be a little while before the State can even depose them. I don't understand why the defense waited so long to get any mental health experts in to examine her. They have had plenty of time and it isn't fair to wait until the last minute and especially after the deadline has passed. I can't wait to see how JP rules on this one.

    March 30, 2011 | Registered CommenterMary Jo

    Why they waited so long has always been my big question too Mary Jo. I always thought examining the prisoners mental state was one of the first things to be done with final decision at the beginning of their being charged. Even more so with the DP Could Casey have refused her defense to have the mental examination?

    March 30, 2011 | Registered CommenterNew Puppy

    New Puppy, I think if the court orders her to have a mental health evaluation that she doesn't have a choice. I believe that Judge Strickland ordered one for her at her first arraignment, and I think it was Dr. Danzinger who did it. He is one of the doctors the defense wants to put on the witness list now.

    March 31, 2011 | Registered CommenterMary Jo