Home > Crime > Casey Anthony – Can’t We All Just Get Along

Casey Anthony – Can’t We All Just Get Along

06/21/2011
August 2005 ~ June 2008

What a wild and wooly day we had yesterday!   Mr. Baez managed to push every one of Judge Perry’s buttons.  Judge Perry has had it with repeated violations of court orders and he has grown tired with the snail’s pace set by the defense.  Reminding both sides he has a responsibility to his sequestered jury he advised them to arrive promptly at 8:30am so any issues may be addressed without wasting the jurors time.  He also told them to be prepared to work a full day Saturday.

I would assume we will see Dr. William Rodriguez return.  Jeff Ashton deposed him on Saturday and I’m betting some strange stuff came out during that deposition!

8:42 the entire defense team went in to see Casey in the holding cell!

Richard Eikelenboom was deposed yesterday and the State feels he may testify.  Ashton does take issue with Eikelenboom formulated his opinions at lunch on Saturday and was never told about the court order saying all opinions had to be laid out in report!  A

shton doesn’t want Eikelenboom to testify that DNA can be extracted from decompositional fluid, which btw, has no studies to back up that claim.  This should be subject to a Frye hearing and we don’t have time for that now.

As part of a sanction, Ashton wants an instruction informing the jury of the late nature of Eikelenboom’s new opinions.

Baez claims he noticed the court with Eikelenboom’s CV, the reports he reviewed, the evidence he reviewed.  Baez says, as issues came up he wanted Eikelenboom to be able to testify to them.

This is such a load of hooey!

Issues of DNA degradation is what Baez wants him to testify to.

Perry brings up that at tax payers expense I allowed DNA testing somewhere in the North East?  Yes, that shorts?

What about the carpet and duct tape?  Ashton says the defense never asked for that.

Baez says there are no US labs who do low copy DNA like Eikelenboom does.  Its done a lot in Europe. Perry asks if it’s been Frye tested.  Baez says it has been used in some places in the US, but he doesn’t know about Florida.

Perry rules he will give the jury an instruction per the State’s request.  Eikelenboom may not testify to it, however they may have a Frye hearing.Baez objects to the State’s instruction and wants to submit their own! In the meantime, Baez will call other witnesses!

Oh my, poor Jennifer Welch is called again!

Dot on direct… Did you issue a report about you observations of clearing the scene?  Yes.  Leaf litter and vegetation had been cleared down 4 inches.  Also around a tree down to 10 inches.

When you took photos around the remains did you remove anything off the remains?  No, we tied some vines back, but didn’t take anything off the skull or remains.

Dot shows Welch a photo that she identifies.  She forgets to offer into evidence and Judge Perry has to remind her. 

Evidence accepted and it is published to the jury.

Is there a reference to a log or tree near the remains?  Yes, the log was located near the skull and it was moved by Dr. Shaw.

Another photo offered into evidence.

That’s it for Dot. Ashton takes the photos from her and hands them to the clerk to mark, lol!

Welch is released.

Dr. Jane Bock is called.  Botany expert. She details her CV for the jury.

She says you can determine whether a body has been moved from one location to another!

She is accepted as an expert.

Bock looked at photos by CSI, the ME’s office and of the crime scene.  She reviewed CSI Welch’s reports of recovery.  She also read Dr. Hall’s report.

She went to the crime scene 2/09 and brought a photographer who took photos at the scene.

A blown up photo is shown to Bock to identify.

Lord, Dot doesn’t know how to enter evidence!

What opinion have you formed about how long Caylee’s remains were there at the crime scene prior to discovery?  2 weeks.

The vegetation found in the car was from….

Objection.  Sustained.

Did you review the report from Dr. Hall?  I did.

Dr. Hall described vegetation and fragments from the car. It was mostly camphor and there was none found with Caylee.

Looking at photos, can you tell how old the plant is?  No.

Ashton on cross…

How much time have you spent working in Florida as a botanist?  I did my PhD study here in the 1960’s.  Mostly water plants.

She also studied food habits of the tortoise…they are vegetarians.

Her parents lived in Florida and she was here often.

Most of your work has been in studying grasslands?  Yes, here and South America.

You visited the crime scene area?  Yes.

You would agree this area based on the botanicals seen, it is a swampy area. So you would agree the area isn’t always underwater?  Yes.

Bock viewed the roots in the hair mass and says the could have grown there in two weeks in December.

The roots growing through the canvas bag, could those have grown in two weeks in December?  Yes.

The roots that grew through the bones, could they have grown in two weeks?  I believe so, but I’m no expert in bones.

Your 2/12/11 deposition you said when asked if you had ever seen roots grow through bones you said no.  You did experiments with roots growing through heavy items.

Did you see the photo of the skull before any vegetation was moved?  Yes.

Do you agree the skull is buried in leaf litter up to the ear or nose area?  I see one leaf on top of the skull.

But it is above the jaw, up to the nose area?  OK.

The positioning of the leaves around the skull, are you saying this accumulation occurred in a two-week period?  If the leaves have risen to this level, the skull had to have been there longer than two weeks?  It would depend.

You can’t render any opinion as to when Caylee’s body was left at the scene?  No.

When do you think these remains were left there?  I rendered on.

In the deposition you said you weren’t prepared to say.  If I said it I meant it. I don’t know exactly when it was placed there, but what I said today is what I meant.

You are saying it’s possible they where there for two weeks?  Yes.

But it’s also possible they were there for more than two weeks?  Yes.

Dot goes back to how many years she’s taught and studied semi tropical vegetation.  31 years.

Dot makes her step down and draw humus and leaf litter.

If the area and humus are wet, can a heavy item sink?  Of course.

Ashton – is it your testimony the skull sank in the leaf litter?  I don’t know.

Were you aware one of the bones was buried 4 inches into muck, wouldn’t that indicate the skull had been there a lot longer than two weeks?   Or a dog could have buried it.

Jeff almost swallowed the microphone!

This was pretty much a waste of time.  Nice lady, but her answers were kind of ditzy!

Jury in recess for 20 minutes, Perry wants the attorneys back in 15 to take up a matter!

OMG!  The attorneys are late!

Judge Perry has written an instruction for the jury regarding the next witness, Richard Eikelenboom.  It slams the defense for not getting the proper reports to the State until this Saturday.

Perry wants to question Eikelenboom first.

When were you first retained by the defense?  July 2010.

Where you informed you had to render a report outlining all your opinions? Perry reads the entire order to him. He was not aware of the order.

He communicated with Baez by phone and Skype.

Were you asked between December 2010 an May 1st, 2011 to write a report in the format I just outlined?  No.

Who gave you your instructions from the defense?  Mr. Baez and Michelle.

Up until today’s date were you asked to produce a report.  Saturday I spoke to Mr. Baez and after we went to the DA’s office and then I wrote a report.

How often did you have communication with the defense?  A couple of times.

Were you available for contact from December 2010 and May 2011?  Yes.

Baez – Have you ever been asked to write a report like this?  In the Dutch court, yes.

Baez indicates the communication regarding the affidavit request went from Medina through his wife and then to him!

Aha, blame Medina and the wife!

The opinions you formulated on Saturday were first broached on Saturday?  Yes.

These aren’t opinions you had formulated before when talking to us?  No.

He says Ashton refused him entrance to the DA’s office.

Perry – Are there any opinions in your deposition that you couldn’t have formed 4 months prior? I had some information, but wasn’t following the case.

Did Mr. Baez provide you new information during lunch on Saturday?  Baez gave him new information, reports and pictures on Friday!!!!

So pretty much, Baez knowing what problems he had already run into during trial decided to use this witness to come up with new opinions to bolster his case!

This is freakin huge!

Judge Perry again reads all of his orders.  He finds the violation is not inadvertent, it should have been clearly communicated.  It was willful and substantial.

It had a prejudicial effect on the State in preparation for the case.

Eikelenboom will not be permitted testimony on the DNA decompositinal fluid in the trunk at this time.

They have to decide if there is a Frye issue by Friday. Perry says this remedy is short of exclusion of the witness. Ashton reminds them to also remove those specific slides from the Powerpoint presentation!

Richard Eikelenboom, forensic scientist is sworn in and Judge Perry reads the instruction to the jury.

He lays out his education and experience in the Netherlands for the jury.  He has worked in DNA for about 20 years.

Ashton on voir dire about education.

Your degree is in biochemistry?  Yes.

Your speciality was in luminol?  Yes, with research on if luminol degraded DNA.

You didn’t perform or analyze DNA at the Netherlands Forensic Institute?  As Unit manager you had to review the results.

In 2005, you and your wife opened a DNA company?  Yes.

Ashton objects to Eikelenboom as an expert in DNA analysis.

Baez – Is your company accredited?  Yes.

Have you testified as an expert in your country?  Yes, 70 times.

And what cases….

Objection.  Sustained.

Whole bunch more objections and finally a sidebar.

Witness is accepted as an expert witness. Lunch is called.

Baez is now complaining the State gave him discovery today most of which was out of their control.  However it contains a disk from the Anthony home computer which was completed in April.

The reports came out Thursday based on call to the Sheriff’s office by a concerned citizen.  The State worked and investigated over the weekend.  An inmate, April Whelan whose son drown in a pool, was found by the grandfather, given CPR, and 911 was called.  The young boy died.  Whelan was housed for a short while in a cell by Casey.  Whelan doesn’t recall speaking with Casey, she may have spoken to others in the jail!

Now where have you heard the drowning story before?

Judge Perry says this is not a discovery violation!

As to the computer disc, Linda Burdick says the defense has had a copy of the hard drive for years!

Judge Perry says you had it, it was up to you what days to look at so how can it be the fault of the State of Florida.  You know the date of June 16th played great significance in this case.

Baez dumped his computer experts a while back.  Now he wants to bring them back to review the evidence.

It’s not new evidence!

Well, we would like them to review it and see if there are further points we want to make.

You’re free to do that!

Baez wants the Judge to explain why tomorrow is a half day so it doesn’t look like another defense screw-up!

Eikelenboom returns.

He explains touch DNA which is transferred mainly by hand when you leave behind skin cells.

I’m not going to bore you because you all know this touch DNA stuff by now!  And, this is not the first DNA expert the defense has used!  Remember Seubert?

I’m not even sure what this proves, if you recall Eikelenboom never tested any evidence. 

Eikelenboom says he would have tested the duct tape further than was done.

Baez tries to make him draw on the chart, but he has a slide that shows the DNA chart.

Now he claims maggots that have fed on human decomposition would have some non-digested DNA present.

Ashton on cross…

Do you have a PhD?  No.

You’re presently a student at the University of Denver?  Yes.

You decided to expand your business to the US?  Yes.

And being involved in this case would give your business great exposure?  We have a lot of work at the time.

So you would make more money?  Sometimes we work for free.  We choose not to be big.

There are a number of large labs here in the US already who can do this work?  Yes, but they don’t have as much experience.

Ashton gets him to agree the only difference in his work is he does more runs than normal PCR testing.

Duct tape placed on a body and placed in a swap in the Florida heat that completely decomposes to the point of skeleton would not likely have DNA left?  It depends.  You could still find some low copy DNA profile.

It’s possible, but not probable?  It would be very difficult.

Baez keeps objecting and getting overruled.

Did you ask to retest this tape?  We mentioned we could do further testing.

Were you aware if the defense sent any items of evidence out for retesting?  No.

Can you tell I stopped taking this down, lol?  I just don’t get why we are subjecting the court to this.  The guy didn’t work this case or test any evidence!

Baez asks if he was willing to test the evidence and do it pro bono?  Yes.

And the only reason you didn’t was because the prosecution didn’t want to let the evidence…

Bad move on Baez’s part!

Objection.  Sidebar…

Afternoon recess called!

Oh my, the jurors were found in the jury room burning Baez in effigy!

Nah, just seeing if you’re paying attention!

Eikelenboom is released.

Yuri Melich is called! 

As lead detective in this case, you issue several search warrants for the Anthony home?  Yes.

You find any print outs on how to make chloroform?  No.

Any containers or rags that had chloroform on them?  No.

On December 11, 2008 you issued another warrant?  Yes.

Did you find and receipts for purchase for chloroform?  No.

Any rags or containers with chloroform?  No.

The warrant did specify to look for such items.

The third warrant, December 20 did not specify chloroform items.

But if you found a chemistry set you would photographed and confiscated it?  Would would have stopped and gotten an addendum.

Linda Burdick on cross…

Was Casey out of jail between August 7th and December 14?  Yes.

Baez…

You got the results from Oak Ridge in August?  Yes.

You got the computer results?  Yes.

But you waited until December to get a search warrant?  Yes, we were still looking for a live child.

Yuri is released.

Dr. Marcus Wise is called.  Analytical Chemist at Oak Ridge.

He gives his CV for the jury.

This is his first time testifying in court.

He is accepted as an expert.

The difference between a research lab and forensic labs is research labs face the challenges of advancing science.

So you don’t handle evidence?  It doesn’t happen often.

In a forensic lab, they have much more rigid standards in handling evidence?

Objection.

Their protocols are much more rigid?  I haven’t run tests in a forensic lab, so I don’t know.

You don’t have proficiency exams?  No

Quality control?  We aren’t running routine standards.

Wise says they do run standards on the instrument to check for contamination.

Do you have any quality controls to keep evidence from being contaminated before it reaches the machine?  How would that happen?

You tested items in this case?  Yes.

He got the items from Dr. Arpad office.  He had a key.  One was a bag with a gas sample and one was a can.

He used GC/MS to run the sample. He ran a qualitative analysis.

The chloroform peak was higher than any other peak.

You informed Dr. Vass a quantified analysis would not mean anything?  Yes.

Chloroform is volatile and the longer it is exposed the faster it dissipates.

The small piece of carpet they tested would not be indicative of how much chloroform was in the entire trunk.

A chloroform sample from one day will be significantly higher than a thirty-day old sample.

The air sample bag didn’t show the chemical, but he says his experience with the bags is they can leak out in 2 days.

So far, Wise is doing a fine job of helping the State’s case!  He is also helping build up Dr. Vass.

Baez is all over the place with his questioning, Ashton asks to approach.

Quick break called.

You had another chemist verify your work?  Dr. Vass know what I did.

Dr. Vass is a chemist?  He has at least 12 years experience in the lab.

Then he’s a chemist?  He has vast background, but that’s not his title/

The two of you are very close?  Yes.

You have anything negative to say about Dr. Vass?  He is a very talented individual.

If Baez thought he could get Dr. Wise to impeach Dr. Vass he was badly mistaken.

Baez is off on soil samples ans Ashton says this has no relevance to this case!

You were aware that trash was found inside the vehicle?  I didn’t see the vehicle.

Somebody, quick throw a set of swimmies to Baez, he’s going under!

Ashton on cross…

He’s worked with Vass in collecting air samples from decomp.

The abundance for chloroform was far greater than gasoline vapors in the sample.

He would expect some gasoline vapors from the trunk of a car.

Ashton has Wise gushing about how eager Vass is to learn from all the different disciplines.

Baez asks about royalties from the Labrador.  They would be minimal.

You billed the work you did to the Labrador project?  I don’t know for sure.

Field technology needs to be proven and validated.  There is no way anything in this court proceeding will validate Labrador.

Did Labrador get promoted in the media because of this case?  Labrador has not been used in this case.  There is no relation between this case and Labrador.

The Labrador is designed primarily for the Armed Services and Law Enforcement?  Correct.

Then you wouldn’t be paid royalties?  Correct.

Dr. Wise is released at 5:52, as are we!

Yippee!

Observation ~ The defense is hemorrhaging badly.  Forget the violation for a few minutes!  They have cut their throats with their own witnesses.  Not only did they not provide the witnesses with vital information about the case and what the State had, they never prepared them to testify!  As Richard Hornsby said this afternoon, Baez should was the white flag and surrender!

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  1. kas
    06/21/2011 at 6:27 pm

    Baez has Labrador Envy.

  2. 06/21/2011 at 6:27 pm

    Wow, what a day. You had your work cut out for you and did a fine job as always. Dr. Bock (bock is German for billy goat) is stubborn and refuses to give an inch. I don’t think she did that much damage. The man from the Netherlands on the other hand is credible but I don’t think the defense gave him any details. Of course the lovable guy from the body farm didn’t do the defense any good (IMHO).
    Now, what about this so called girlfriend of George who says he told her it was an accident that went out of control? He’s an idiot!!

  3. BusterBluth
    06/21/2011 at 6:33 pm

    Baez needs to wave the white flag indeed! His only chance of recovery is putting Casey on the stand but he has to know the State will just destroy her. Why didn’t Baez go with insanity instead of accidental drowning? That (IMO) would have been a much more plausible story. It’s not normal to lie and create imaginary people and with such detail! I wonder if Casey has any idea that she’s in serious trouble

  4. donchais
    06/21/2011 at 6:41 pm

    kas, you crack me up!

    Maria, not a single defense witness scored them any points today. Still haven’t formed an opinion on River Cruz.

    Buster, if we are to believe the new discovery of April Whelan, sounds like that is where Casey and Baez got the bogus drowning story. If she is put on during rebuttal, the defense can kiss their collective butts goodbye!

  5. Linda
    06/21/2011 at 6:51 pm

    I don’t know how you are able to keep up with Baez’s antics in the court room. I think Judge Perry is on his way to losing it with him! This is the first I have heard from Dot and I’m wondering if she wouldn’t be better off to continue babysitting Casey!! Question: Was there ever discussion about a witness for the defense (a psychologist, maybe) who would testify on the various ways that individuals “grieve”? That testimony ought to be interesting! I haven’t heard anything about the “George’s girlfriend” story. And you are so right about the entire defense team being up the creek without a paddle. (IMO) I really do think that Casey should think about a plea bargain. Although, I think that the State is hell-bent on the death penalty, that I don’t know if they would even entertain an offer – and I personally don’t think they should.. Do you have any thoughts about that? Thank you again for the time that you take to cover the testimony each day. You do a superb job!

  6. donchais
    06/21/2011 at 7:01 pm

    Linda, Dot played a big part in the Frye hearings and she was way over her head on the science. Her forte is medical malpractice. The grief counselor is still a question mark at this point. Google River Cruz for the ‘girlfriend’ piece! Casey was last given a chance to plea – that involves her coming clean about what really happened to Caylee – at the beginning of jury selection. She flat out refused. She ain’t getting squat from the State now! Thanks for your kind words! 🙂

  7. Kim
    06/21/2011 at 7:22 pm

    Casey can’t plea anymore? Really? For some reason I thought she could right up until it was handed to the jury – see what you get for watching 20+ years of L & O!!

  8. donchais
    06/21/2011 at 7:31 pm

    Lol Kim, She can plea, but the conditions have been she has to fess up to everything. I would be hard pressed to believe anything out of her mouth, but she still believes she can get away with this travesty. IMHO, she wont do it and the State ain’t going to lower the stakes…she has jerked the State of Florida around too long!

  9. Kim
    06/21/2011 at 7:39 pm

    What about an Alford?

  10. Kim
    06/21/2011 at 7:40 pm

    I have to book mark your site, donchais – wordpress has gone all hinky and I keep loosing you

  11. donchais
    06/21/2011 at 7:51 pm

    Kim, Alford left on the midnight train to Georgia. 🙂
    Seriously, I’m not sure an Alford plea would go over at this point, but I’m just a blogger, lol.
    Thanks, I thought wordpress has been a bit crazy too for the past couple of days!

  12. 06/21/2011 at 7:51 pm

    Thank you so much for writing this blog. I enjoy reading it everyday. I stream online while I work as well as have the tv set to HLN and In Session on mute so I can catch what the commentators are saying. I was out for some time today and this blog allowed me to catch up on what I missed. Baez is so far out of his league in this it is frightening. I don’t think he understands that he is boring the jury to death and that does not help their case. What they will remember is how the prosecution used qualified witnesses and didn’t waste everyone’s time going into such minute detail. At least the defense was able to put more than 2 witnesses on the stand today. My thoughts are that there are still some holes that the prosecution should have filled in. If the defense had just rested, they might actually have gotten her a lighter sentence or gotten her off completely due to reasonable doubt. Putting so many ‘experts’ on who ramble and give the ditsy answers makes the prosecutions case more solid. Look forward to reading tomorrow!

  13. Kim
    06/21/2011 at 7:53 pm

    Me too, donchais – a no life blogger working 10 hour days with a 3 hour commute who tries to research as much as I can when I can!! I thank you so very much for your informative and amusing posts!!!

  14. donchais
    06/21/2011 at 7:55 pm

    Thanks Kathleen and welcome!

    Those holes you mentioned…just wait for the rebuttal…it’s gonna be shock and awe, the best is yet to come!!!! They’ve got some aces in their back pocket!

  15. ritanita
    06/22/2011 at 3:54 am

    When this stupidthon was over, I was so stiff from sitting at the computer all day, I decided to lay down for a bit! LOL!

    There are so many gold nuggets buried in the blathering Baez did. One I caught was that when he was dithering on about the “new” computer discovery and the fact that it detailed the computer and IM messages from Casey that gave a timeline for the day, Baez said something like, “But I never said the time!” in regards to when the “accident” occurred!

    I just listened to Kathi and Bill Sheaffer’s summary. What was concerning Sheafffer was that the fact that Baez failed to have the computer data properly analyzed, especially for the 16th could cause an overturn on appeal.

  16. Evelyn
    06/22/2011 at 7:23 am

    Dr. Glass stated that after this trial, Baez will have it all-book deal, tv appearances, maybe even his own show, all of which left me scratching my head and sometimes even banging it on the wall. If Sheaffer is correct and his blunders cause an overturn on appeal, I really want to see him do all those things. Perhaps from a different country?

  17. 06/22/2011 at 8:14 am

    Unless a new defense team could prove something from the computer files that is different than what the State is presenting, there will be no overturn. Baez’s failure to look at all the computer information does not excuse him from his responsibilities, but he’s very good at placing blame elsewhere, it seems. I particularly liked Judge Perry’s comment in rebuttal to Baez’s whining, that it was not up to the State to do the work for him.
    It was a long day, a day which could have been avoided if Mason’s suggestion to just end it all last week had been accepted. But Baez’s glory dream was driving that bus, and here we are. The smell of the dead horse is stinking up the courtroom and we are all taking a beating!

  18. Reality
    06/22/2011 at 9:05 am

    The defense started out on the wrong foot to begin with. Therefore, the ONLY thing they can do now is to do everything in their power to get a mistrial or retrial, one way or another! Obviously the pathological liar Casey convinced the defense that she was telling the truth, or else they conspired with her to continue her lies and suck up the lime light for future personal financial gain! Either way, it is what it is now!

  19. offthecuff
    06/22/2011 at 9:34 am

    ritanita, you’re right! He said he never gave a time. BUT what difference does that make? Is he losing his mind? All sense of reason? IF he had bothered to analyze a time line from the evidence, he may have been able to bolster a better fantasy for Casey’s defense.

    I guess Casey forgot to give him better details for that day. But she’s the type to drop off a two year old at the bottom of a stairway for the babysitter.

  20. Mike
    06/23/2011 at 6:33 am

    She is the type to drop off a 2 year old at the bottom of a stairway for the babysitter……….

    Between 9 and 1.

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