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Casey Anthony – What A Fool Believes

06/27/2011 19 comments

August 2005 ~ June 2008

And so begins another long week!

I heard the old Doobie Brother classic this weekend and it got me thinking.  Does Jose Baez really believe his own nonsense or does he think he’s hoodwinked a rational, thinking public?

Today we should learn what Dr. Kenneth Furton may or may not testify about.  We may see more of the Anthony clan, although that hasn’t worked out so well for the defense, so far!

Whatever happens this week, I’m pretty convinced the defense has done a bang-up job of alienating the jury, who probably spent the weekend seething over the delays and shenanigans the defense continues to pull!

Casey all happy to see Ann Finnell there and she is busy chatting up Lisbeth Fryer.

Appears all attorneys are with Judge Perry.

The anticipation mounts!

The TH’s have floated all kinds of rumors and theories while we wait, but the defense is all busy reading something!

Could be the ruling in So. FL where the judge said DP flawed.  Could be Finnell wants a new jury, while declaring death penalty unconstitutional.

Whatever is going on is keeping the jury cooling their heels, yet again!

Attorneys and court reporter go to chambers – interesting Mason didn’t go!

9:38 Judge Perry takes the bench!

Defense filed a competency motion on Saturday.  Casey was examined by three doctors

Dr. Daniel Tressler, psychologist examined her Saturday afternoon.  Dr. Harry McClaren,  forensic psychologist examined her Saturday evening.  Dr. Ryan Hall,  forensic psychiatrist examined her Sunday.

Court finds Casey competent to proceed!  Reports are under seal!

Well, that didn’t work out so well for the defense, lol!

Defense calls Det. Yuri Melich!

On Friday, you mis-spoke?  Yes, on cell phone records.

Kronk’s records were obtained from June to July 2008.

The first time Kronk called was August?

Objection.  Sustained.

You didn’t see any records from August to December?  Yes.

He lives in St. Cloud, a bit away from where the body was found?  Yes.

He works not far from where the remains were found?  Yes.

If you had the cell phone records, you would see if he was in the area?  What area?  Suburban Drive?  It could show somewhere in the vicinity?

Is this the first case you’ve given mistaken information to the jury?

Objection.  Sustained.

Any other time you misinformed the jury?  You’re implying I intentionally misled the jury, I did not.

You had George Anthony’s records?  Yes, the cell phone for June and July.

Have you decided to subpoena Mr. Anthony’s records?  No.

You subpoenaed many cell phone records?  Yes.

Amy Huizenga?  Yes.

Jesse Grund?  Yes.

Ricardo Morales?  Yes.

Baez rattles off a ton of names found on Casey’s phone because they were looking for any information on Zanny.

You never confiscated Mr. Kronk’s computer?  No.

Did you confiscate Joy Wray’s computer?  Yes.

She claimed to have taken photos of the area?  Yes.

She claimed to be an agent of George Bush?  Yes.

You Baker acted her?  No.

On December 13, you received an email from Joe Jordan?  Yes.

Did you turn the email over to the prosecution a year and a half later?

Objection.  Sustained.

Did you only turn it over after the defense found Mr. Jordan?   I would like to see the email before I answer.

Baez shows the email to Yuri.

Did you turn this over after the defense found Mr. Jordan?  I don’t recall when I turned it over.

You conducted two searches of the Anthony home?  Yes.

You had knowledge of items found at the crime scene, including Winnie the Pooh items?  Yes.

Did you share information with the Anthony’s before it was made public?  I don’t understand your question.

Did you tell the Anthony’s what you found at the scene?  Not that I recall.

Did you deploy a cadaver dog on the other two cars at the Anthony home?  No.

You requested George Anthony’s E-Pass records?  I don’t know if I got them from him or directly from E-Pass.

Did you request cadaver dogs to go through the Anthony home?  No.

Baez now shows Melich an aerial photo of the neighborhood that included the Anthony house and crime scene.

Casey Anthony was free for a couple of months and under electronic monitoring?  Yes.

And the media was outside the home?  I can’t answer that.

She was free to check in with the jail and her attorney?  Yes.

And she was followed by the media wherever she went?  I can’t answer that.

Linda Burdick cleans-up the Joe Jordan email – the department was busy following hundreds of leads and doing recovery of the crime scene.

The many phone records because of all the imaginary friends Casey lied about while the were searching for Caylee.

Redirect…

Didn’t Mr. Jordan give you information about Cindy Anthony’s brother?  Someone did, I don’t recall if he was the one.

Did you determine if Mr. Anthony’s car had garbage in it for 3 weeks?  No.

You were present when Deputy. Forgey inspected Ms. Anthony’s car?  Yes.

Baez just skips around all over the place!

Yuri is excused subject to recall!

Michael Vincent is called.

Baez shows him a drawing he made at an earlier hearing of the bay and Casey’s car which he identifies and it is entered into evidence.

Released subject to recall.

Defense next calls Gerardo Bloise.

Baez shows him the drawing he did at a March hearing that shows the forensic bay and Casey’s car.

The cadaver dog only searched Ms. Anthony’s car?  Correct.

Linda on cross…

Is it fair to say your focus was entirely on Ms. Anthony’s car?  Correct.

Baez on redirect…

As a CSI, your focus is on details, down to the tiniest detail?  Correct.

Entered into evidence.

Witness excused subject to recall.

Recess called.

Deputy Jason Forgey called.

He identifies a drawing he made back in March of the forensics bay and Casey’s car.  He also says there was another blue car there.

Did anyone see you deploy the dog on both cars?  My Supervisor and CSI Bloise and possibly Mike Vincent.

Why did you search the other car?  To settle the dog into the right mindset.

You could have asked that the car be moved to where all the other cars were parked?  I don’t know, it was evidence.

Baez sits down, forgetting to get the drawing entered and must come back.

Linda…

Regardless if there was one, two or how many others cars, you knew the Pontiac was the focus of the investigation?  Yes.

Released subject to recall.

Dr. Kenneth Furton called.

Baez has him lay out his background.

He says he is published, but don’t forget, it is his graduate students who actually wrote the papers.

He says he studies decomposition scent and chemicals compounds.

A big part of his research over the past 8 years has actually been done on living persons!

Have you ever testified as an expert on human decomposition?  No.

As a forensic chemistry?  Yes.

Jeff of voir dire…

Your work on decomposition is related to what a dog what alert to?  Correct.

When we say your studies, we are actually talking about your student’s work? My students and me as well.

Do you have expertise in stages of decomposition?  Related to volatile compounds.

He read the autopsy report, the contents of the trunk reports, the cadaver dogs and Oak Ridge Lab and Dr. Sigman’s report.

Have you reviewed studies on human decomposition?  Yes.

Do you have an opinion on whether or not you can recognize human decomp?  Yes, there is no present instrument that could positively identify human decomposition.

Baez asks to show Furton’s Powerpoint as a demonstrative aid.

He shows the jury how GC/MS works.

Snoozer!

The weasel easel comes out and a large chart is placed on it with chemicals and reference numbers – Vass work as opposed to other studies.

The chart really doesn’t compare apples to apples and is more smoke and mirrors.

Ashton objects and asks for sidebar…

Finnell has an awful lot to say at sidebar considering she is only supposed to be mitigation!

Furton just kinda implies that human, animal and dairy products pretty much mimic the exact same volatile fatty acids. 

WTF?

He just stated the salami wrapper from the trash might contain the fatty acids! 

The wrapper????

Sidebar….

You can find chloroform in cleaning products?  Yes, many, like bleach.

Other products in the home that contain chloroform?  Yes, drinking water to household foods to…

Objection, sidebar…

Man, Jeff is gonna have this guy for lunch, just like he did at the Frye hearing!

Judge Perry calls lunch, jury out until 1:45, lawyers need to be back at 1:30.

Lunchtime informational tidbits:

• Ann Finnell filed a motion for mistrial Monday morning based on a recent opinion from a Florida judge. The motion asked that a new jury be seated in the case that is not death penalty qualifiedRead story.

• “Based on privileged communications between Casey Marie Anthony and her counsel, counsel reasonably believes that Ms. Anthony is not competent to aid and assist in her own defense and is incompetent to proceed,” said the motion, filed Saturday under seal and made public Monday. “As a result of this well-founded concern, counsel requests a full competency determination before the continuation of trial proceedings.”

In response, Perry issued an emergency order appointing an expert for the evaluation, also filed under seal.

It was implied — but not expressly stated — that the motion was the reason for the abrupt recess Perry called on Saturday.  Read story.

Now that to me is funny because the defense already had two of their own docs evaluate Casey, but I also wonder if Casey is insisting on testifying and her team is trying to block her some way.

Ashton wants a proffer.

Baez claims this has been going on far too often.

Judge Perry says a proffer isn’t necessarily needed, but he can’t just regurgitate what he read in an article.

Ashton says Dr. Furton indicated his information came from the internet and is hearsay.

Judge says if it comes out on cross it is hearsay, the it is subject to be stricken.

Baez says everything is hearsay.

Judge Perry says if he has studied and analyzed household products, that’s one thing, but if his testimony is going to be just what he read on the internet, it is a problem.

Baez steps out to ask Furton.

Baez comes back in with Furton for a short proffer.

Can you explain the basis of your knowledge on chloroform?  General knowledge and education.

Have you relied on textbooks and treatises?  Yes.

He read the World Heath Report on chloroform in household goods.

Ashton still says Furton is just regurgitating what he read.  He cannot tell the jury this product has this amount of chloroform or this product has the level of chloroform.

Baez says we are going around in circles and chasing our tails.

Judge Perry says Furton he can regurgitate!

What types of products can you commonly find chloroform?  Bleach, water.

Would the GC/MS pick up chloroform in water?  Yes.

He says the 5 organic compounds Dr. Vass found are not unique to human decomposition.
Ashton on cross…
Have you ever examined the spare tire cover Oak Ridge tested?
Objection.  Overruled.
Ashton shows Furton the spare tire cover.  See any bleach stains on that?
Objection.  Overruled.
Bleach also shows additional compounds?  Yes.
Coincidental creation of chloroform through bleach would produce additional chemical compounds?  Yes.
As far as chloroform being mixed and administered to a child or a reaction with bleach, you didn’t look at that?  No.
Chloroform in water appears in low level range?  Yes, parts per billion.
Jeff keeps working in that his students conducted the study.  He agrees, but keeps adding, ‘under my supervision.’
The samples collected in the morgue showed some compounds not always found in all bodies?  Correct.
So wouldn’t that indication background common to the morgue that she didn’t account for?  Yes.
So, bottom line, they looked at live persons, dead persons and food as well.
Dr. Vass’ study was longitudinal and the other studies you site were just a specific time?  Yes.
All the studies you site, how many used whole human bodies as opposed to training materials for dogs?  These 4, Dr. Vass and Dr. Stathopoulos.
Furton says without further research ans studies he discredits Dr. Vass’ study.  He says Vass didn’t use standards in his studies.
Dr. Vass’  2004 and 2008 studies weren’t done properly?  If you want to call it that.
Jeff shows Furton his deposition.
In deposition you said I’m not saying the study was not done thoroughly or properly.  Are you changing your answer?  I’m just expanding my answer and just saying I would use standards.
Furton is stumbling, Ashton has worn him down and fairly well sliced and diced him!
Lol, Furton just headed down the Velveeta box and salami wrapper path…ayuh, like that would account for the huge amount odor in the trunk!
Jeff pulls out of evidence the salami, Velveeta packages and Furton has to admit they wouldn’t give off quantity of odor.
Ashton shows the packaging to the jury.
Baez asks to approach…
What I just showed you, wouldn’t you agree they couldn’t give off that amount of odor?  They could have contributed.
Would the trash leave in odor in the trunk 2 years later?  Unlikely.
You would agree the substances we just discussed wouldn’t be confusing to a well trained cadaver dog?
Objection.  Sustained.
Baez….
Would the chemical composition of a body buried for over a year assist you in evaluating this case?  Yes, there are similarities, but differences also.
Man, Baez can’t do the redirect for crap and he is so Mr. Malaprop today!

Jeff is up objecting on almost every Baez question.
As fair I can tell, Furton hasn’t really done much of anything for the defense.
‘Special’ recess called.
Baez shows Furton the chewing tobacco spit can.  Furton says if you say so.
Ashton…
If the odor in the trunk was from the trash and you removed the bag, the odor would go with the bag?  The majority should.
The reports you reviewed, did anyone say the odor of decomposition emanated from the bag?  No.
Furton released subject to recall.
Finnell calls Sgt. John Allen
Were you a supervisor in this case?  Yes.
Finnell hands him evidence to identify.  2 video tapes from James Hoover 12/18/08.
1/7/2009 tape also from Hoover which have been transferred to dvd.
Linda on cross…
This James Hoover is connected to Dominic Casey?  Yes.
You knew Casey was working for Mr. Baez?
Casey worked for Baez July to October 2008?  Yes.
He was employed by the Anthony’s in October?  Yes.
Mr. Casey would email you with tips?  Yes.
Mr. Hoover came to your attention because he was trying to sell the videos?  Yes, the National Enquirer.
Finnell on redirect…
You said Casey was doing work for the Baez Law Firm?  Yes.
When did his employment end?  October 1, 2008.
When did he begin with the Anthony’s?  October 1st or 31st, I’m not sure.
This information comes from Mr. Casey, correct?  Yes.
James Hoover called.
When did you get involved in this case?  July 2008.
How did you get involved?  As a private citizen.
Did you become a private investigator in this case?  Yes, for George and Cindy in July or August 2008.
He acted as a buffer to protestors and as a bodyguard.
Did you follow-up on tips?  Yes.
You knew Dominic Casey was working for the Anthony’s?  Yes.
On November 14 he and Casey went to Suburban Drive before attending a meet and greet with George and Cindy.
Hoover believes they were looking for a deceased Caylee in the woods on Suburban.
He is asked if he reviewed the tapes and he answered the first 20 seconds.
Baez moves to enter into evidence and Linda says she has no objection to the first 20 seconds, lol!
Sidebar…
Yikes, jury is sent out!
Seems videos are being played for Hoover because Baez never showed him in their entirety, doh!
Hoover says they are fair and accurate, accepted into evidence.
This tape was made one month before Caylee was found?  Yes.
And Mr. Casey was aware you were taping?  Yes.
Tape of Suburban being shown to the jury.
Are you aware where Caylee was found?  Yes.
Can you show us on the screen were you believe she was found?
Objection.  Sustained.
Now the vacant house they poked around in and Casey is poking through black plastic bags.
Back tramping through the woods.
Wonder what must be running through the jury’s minds!
November 16 tape is being shown and Baez asks if he’s parked where Caylee was found.
Linda objects to Hoover not having direct knowledge.
Baez shows Hoover and the jury a photo of the area and he tries to show where he thinks they searched on day one and two.  He can’t tell and isn’t good at estimating distances.
Resume the video…
If you recall, there is no way to identify where in the woods Casey and Hoover were actually in!
Baez tries to publish, but the picture hasn’t been entered into evidence.
Did you report to Cindy and George what you found or didn’t find?  No.
This is just a whole bunch of bullshittery! (A new favorite word!)
You attempted to sell something that was from working for the Anthomy’s?  Yes.
The Anthony’s trusted you?
You tried to sell those tapes?  And Dominic had photos he was going to give.  It was around the holidays and everyone was broke.  He claims he was going to give the money to the Anthony’s?
Hoover can’t give a straight answer!
How much did you try to sell the video for?  There was never a price.
Linda on cross…
The video we just saw, you were holding out for the highest bidder?  Absolutely not.
You told LE to talk this this strange woman who was also on Suburban?  No she introduced herself.
This guy is going to make my head explode!
From photos, Hoover can’t pick out squat and keeps altering his locations where he and Casey were.
To this day, you don’t know where Caylee’s skull was found?  No.
Any of her other remains?  No.
Did you see a red Disney bag?  No.
You didn’t see any water?  On the 2nd day, yes.
How far from the road?  15-20 feet.
Redirect….
You never gave me that video or try to sell it to me?  No.
What were you doing in that area?  Looking for Caylee’s remains.
Hoover is excused, subject to recall!

Sidebar…

OMG!  5:30 and the next witness is called.

Dominic Casey is called.
On October 1st were you employed by the Anthony’s?  Yes.

Prior to that you were employed by the Baez Law Firm?  Yes.

He followed up leads and provided security for the Anthony’s.

Because of security issues did it cause you to park on Suburban?  Yes.  I would leave and then come back and park for about a half hour.in case the protesters returned.

When he was parked in the area he would see a sheriff’s car and media vehicles.

Was your ignition on or off?  Off.

Did you smell any odors in the area of Suburban?  No.

Did you send a teddy bear from Cindy Anthony to Luke Phillips?  I facilitated it.

Phillips sent the bear back to Cindy via Dominic Casey around the end of October.

Who is Luke Phillips?  He contacted the Anthony ‘s is 2008.  He works with people with psychic abilities.

Were you on the cell phone when searching the woods. Yes, with Ginnette Lucas, another psychic.

Remember all those goofy emails?

What were you doing on Suburban.   The possible location of Caylee.

He’s as daffy as Hoover!

He says he didn’t know Hoover was taping him.

He says he wasn’t specifically looking for garbage bags.

He went to the vacant house because Ginnette sent him there to look for paver stones.

Why were you cutting open the garbage bags on the tape?  To see what was in them.

Why did you back the second time on the 16th of November?  To prove a psychic wrong.

Did you see any remains of Caylee?  No.

And that’s what you were looking for?  Yes.

Did you go back a 3rd time?  Yes.

Was Mr. Hoover with you?  No.

He walked the area on the street for relief. He walked and just felt happy.

WTH?

Cross by Frank George…

You had contact with Casey Anthony while she was out of jail?  Yes.

You followed up on tips in the case?  Yes.

You never asked Casey…

Sidebar…

Recess called.

6:30pm jury returns.

After you went to work for George and Cindy you still had contact with Mr. Baez?  Yes.

How would you describe Mrs. Anthony’s mood?  traumatized, distraught, the granddaughter was missing.

You went to the woods because the psychic, Ginnette Lucas sent you there?  Yes.

George Anthony didn’t send you to the woods?  No.

You saw a toilet in the woods?  Yes.

You found a bath mat?  Yes.

You didn’t see a Disney bag?  No.

Was there water there?  About ankle-deep.

Hoover and Casey were nowhere near the recovery area!

The next day your returned to the area?  Yes.

Were you on the phone with Ginnette Lucas on this day?  Yes.

Did you tell her what you did and saw?  Yes.

Not for nothing, Casey couldn’t find his way out of a wet paper bag!

Was there still water on the ground?  Yes.

Did you bring anything with you?  A rod and a trowel?

Did you use the trowel in the woods?  I don’t think so.

Now he’s marking more photos where he entered the woods and where the car was parked.

The 3rd time, you never went into the woods?  No, I walked the middle of the street.

Redirect…

Finnell has him drawing again!

Between November 2008 and today,has anyone from LE shown you pictures and ask you to explain where you walked that day?  That State did, March 2011.

Finnell wants a sidebar now….

The March 2011 event was a normal deposition?  Yes.

In 2008, 2009 did anyone from the sheriff’s office sit down with you to map this area?  No.

Casey is excused…yippee!

Finnell’s motion will be heard Wednesday or Thursday at the end of testimony.

7:10 we wrap!

Defense and State sound as giddy as we do, lol!

Casey Anthony – Running Out Of Gas

06/25/2011 50 comments

August 2005 ~ June 2008

What can I say about yesterday?  I admit, by Thursday/Friday. I’m fairly tired and cranky.  This week was no exception!  The endless sidebars and proffers leave me yelling obscenities at the screen.  I can only imagine how frustrating it is for the jurors!

I’ve no doubt, somewhere in his mind; Baez believes he has a point.  What it is, who can say?  His examinations are scattered, rambling and frankly, he just doesn’t know when enough is enough and that’s why he doesn’t really score any points!

When he had Cindy on the stand and went on-and-on about the shorts and shoes, it was literally mind numbing and what did it buy the defense?

The only impression I got when Lee took the stand was, how terribly sad.  He grew up in the Anthony house – that’s all it was, not a home, just a house – feeling the outcast while watching the misfit Casey garner all the attention. 

Love them or hate them, the Anthony’s are all broken people.  They will live out their days in agony; tortured by guilt and shame.  Part of that guilt and shame will no doubt be their ever-changing testiphony and memories that suddenly improve with time.  It’s magic!

The fun part the jury didn’t get to see was the bickering between Baez and Ashton regarding the infamous Dr. William Rodriguez!  No, the jury doesn’t even know Rodriguez perjured himself in his few short minutes on the witness stand.  The kicker, as we’ve learned, is Dr. Rodriguez got himself in deep doo doo with the DOD!  Yet another ‘gun for hire’ expert witness wannabe slithers back into obscurity!

Ashton says at 8:40 he was handed new information from Dr. Furton, who has done new research since his deposition that he wants to testify to. Particularly the odor issue.  He has a PowerPoint he just created on the chloroform using Rickenbach’s findings!

Yikes!  The defense does it again!  Their desperation has reached a new low!

Judge Perry is not happy!

Baez claims it isn’t new opinion. There is nothing secretive going on here.

Wowser!  Baez is out of control slamming Jeff.  Jeff is furious!  Lots of raised voices!

Judge Perry wants a copy of the report and says he has a copy of the deposition.  He says you think this would have gotten old by now, but some things never change!

Mason now asks for a sidebar on a totally different matter!

Casey and all attorneys head to chambers!  Somethings up!

Everybody back in court with the exception of Judge Perry! 

Casey looks pretty upset and worried.

The attorneys and court reporter return to chambers.

Medina and Casey go to the holding cell!

This must be really bad and Judge Perry must be furious!

9:30 and the jury is still cooling their heels, they must be insane by now!

Casey returns at 9:34.

9:40 we get down to business!  A legal issue has arisen, other than Furton, which shuts the court down for today!

To me, the defense doesn’t look happy!

Casey Anthony – Of Tall Tales And Spinning Yarns

06/24/2011 16 comments

August 2005 ~ June 2008

Everyone is still waiting for the defense to offer something, anything to support the wild claims made in Baez’s opening.  No, the defense doesn’t have to prove anything, but they can’t just leave things hanging and better offer something up to the jury!

Most of the chatter here and elsewhere was about Cindy’s testiphony!  Just when we all thought the Anthony’s had turned the corner, Cindy reverted to her former conniving, scheming self.

Not only did she lie about the computer searches and proved she doesn’t know the difference between browsers and search engines, she also made up some whoppers about possibly being home even though her time cards could indicate she was at work. 

She even concocted a fantastical fable that her email at work was password protected and she, and only she, had the password.  Oh yeah, and there were so many branches the national company couldn’t possibly keep all the data so, no, they wouldn’t have her information stored anywhere.

Cindy managed to accomplish several things yesterday.  Her intended deception was most likely apparent to at least some of the jurors. That didn’t help Casey one iota!  In fact it may have jurors thinking Casey must be guilty of something.  Why else would her mother get on the stand and lie?

She also opened a can of worms for her co-workers and managers at Gentiva by implying it was common practice to fudge time cards so corporate wouldn’t catch wind of overtime!  Well done Cindy, well done indeed!

Cindy also pissed off Linda Burdick so badly, a subpoena for Cindy’s computer work records was issued.  Good luck with that one Cindy!

What I want to know is who will make deposits to Cindy’s commissary account?

Baez blows it again and says they aren’t ready and need a few moments before calling Cindy Anthony!  Needless to say Judge Perry is annoyed!

Defense calls Cindy Anthony.

Baez wants to talk about the shorts found with Caylee.

You said they no longer fit her?  I testified she was in 3T.

Baez wants to play the video Cindy took of Casey playing with Caylee in 2007

Objection, relevance.

Sidebar…

You reviewed this video?  Yes.

It is played for the jury.

Fake crying by Casey!

Cindy says Caylee had grown a bit since the video.

Now Baez shows some photos that Cindy identifies.

The photo of Cindy and Casey at Rick’s wedding.

May I enter into evidence?

Objection, relevance…sidebar

Sustained!

Next a photo of the swimming pool with the ladder attached.

Entered into evidence and published.

Photo of where the ladder was placed when the ladder was off.

Received into evidence and published.

A photo of Caylee climbing the ladder.

Objection as to relevance…approach…

Photo shown to the jury with Cindy helping Caylee climb the ladder.  Cindy says during that year should could actually climb the ladder herself!

Next photo is Caylee at the top platform of the ladder.

Entered and published.

How many times did Caylee swim during 2008?  3-4 times a week.

Always with the life vest on?  Yes.

They took precautions to keep the ladder off the pool unless they were swimming.  Caylee always wore a life vest and was taught she wasn’t to go into to the pool unless someone was with her.

Did Caylee ever leave the house barefoot, like to go to the store?  No.

Was it your custom to put shoes on Caylee when you went out?  Yes.

Could Caylee open doors fairly easy at her age?  Yes she could.

On June 16th was the ladder up when you came home?  Yes.

Was that unusual?  Yes, I called George because I also saw the side gate open.

The next day did you tell anyone at work about the ladder?  Yes.

Why did you tell your co-workers about the ladder…

Objection.  Sustained.

During this time frame were you having any marital problems?

Objection, relevance.

Baez asks for sidebar…

Wonder if George can hear and see the bus heading toward him!

Judge calls for recess, jury asks for a ‘special’ recess.

Outside of the jury’s presence, they are still arguing about the marital trouble question and Judge Perry is trying to understand the relevance.  Perry mentions the changing defense theory!

On July 16 2008 did you advise Yuri Melich about the ladder being left up on the pool?  Yes.

Was that within 24 hours of calling the police?  Yes.

How many times did you inform LE you thought Caylee drowned in the pool?

Objection…sidebar…

Sustained.

Cross by Linda Burdick…

After Caylee missing from your home, you maintained her bedroom?  Yes.

You kept all her presents because she was going to have a birthday?  Yes.

As she out grew clothes, you had garage sales?  Yes.

Was she potty trained?  Mostly.  If we went out she wore pullups.

When did she make the change from diapers to pullups?  Somewhere in 2008.

In this photo is Caylee wearing underwear, a diaper or pulls ups?  It looks like a diaper.

In 2007 Caylee was still wearing diapers?  Yes.

Who bought Caylee’s clothing?  Casey and I.

Linda has Cindy go through a bunch of photos of clothing with tags.  Cindy only picked out one that she can’t say what it is.

The clothing in Caylee’s room were 2T’s and 3T’s

The shorts in the video, when was the last time you saw them? The end of 2008.

Now she says she doesn’t remember Caylee wearing them for some time.

Were those shorts kept at your house?  Yes.

Were they kept in a diaper bag or back pack that you took in the car when you were going somewhere to have a change of clothes?  Yes.

When is the last tome you saw those shorts?  Those aren’t shorts I usually dressed her in, I didn’t really like them.

The video showed Caylee in those shorts was in your house?  Yes.

The picture of the ladder, how heavy is that?  I have to use both hands.

Caylee couldn’t manage that on her own?  Correct.

How about the glass door?  Pretty heavy.

Caylee was a compliant child  Yes.

She would listen to you?  Yes.

How deep is the pool?  A little under 4 feet.

Standing outside the pool, can an adult reach in and retrieve something?  You would have to be right at the edge.

You would never permit Caylee to be left at home alone?  Absolutely not.

The ladder being up and the side gate being open, could Caylee open that gate?  No way.

The ladder was the week before the gas can incident.

You said it was the 16th or 17th, later on.  Yes when I thought back about it.

You called George?  Correct.

On his cell phone?  He had a cell and work phone.

Did you leave a message or talk directly?  I know I spoke with him, I don’t know if it was after I left a message.

You recall your 1st sworn statement to police about the last time you saw Caylee was incorrect?  Yes.

You told people in your office about the ladder?  Yes.

The gas can incident on the 24th?  Yes.

Were you at work on June 16, 2008?  Yes.

Your time card reflects that?  I haven’t reviewed it in 3 years.

Are you sure you were at work on June 17th?  Yes.

Casey was home between August 22 and October 8 2008?

Objection.  Sustained.

Did your daughter tell you there was an accident in the pool?  No.

Redirect…

The garment in the photos, are they all knit material, cotton?  All but one.

The one is jean material?  Cotton.

Have you kept lots of clothing from Caylee?  Yes.

Those shorts Caylee was found in, you would only see them if you washed them?  Yes.

Caylee ran and played like any other toddle?  Depending on her surroundings.

Witness stands down.

Defense calls Lee Anthony.

Did you own the Pontiac?  Yes, 2000 until 2005.

Lee identifies 3 photos of the Pontiac’s trunk.

Was there a stain in the trunk?  A few, yes.

Lee points out 3 areas where there were stains.

On another photo he marks the stains again.

The stains had been there most of the time he owned the car.

When was the first time you noticed your sister was pregnant?

Objection…sidebar…

When did you suspect your sister was pregnant?  Early to mid 200????  I swear he said 2008!

He noticed a belly on Casey and asked his mom a few days later.

Objection…sidebar

When was the next time you saw her when she was showing?  She picked me up at the airport in 2008.

Caylee was born in 2006?  Sorry, I had the year wrong.  No she was born in 2005.

Did you and your family have any discussions about Casey’s pregnancy from when you asked your mother until Casey picked you up?  No.

His parents acknowledged the pregnancy  a few days before Caylee was born.

Did you go to the hospital when Caylee was born.  Regrettably not.

Why not? I was hurt and didn’t want to be there.

Why where you hurt?

Objection, relevance…sidebar…

Lee is crying on the stand!

Overruled.

I was very angry at my mom and sister that they didn’t want to include me and they didn’t want to tell me.

Are there other reasons why you were angry?  No.

Lunch called.

We begin the afternoon with a sidebar…

Lee takes the stand again.

Ashton on cross…

Ashton show the trunk picture and the stain on the tire cover is not something he recognizes.

The car didn’t have a stench?  No.

Did you meet with the prosecution team to prepare you for what questions would be asked and you refused?  Yes.

Lee reached out to Mr. Baez and met with him this week.

Why did you reach out?  While I was here the last time, during a break I sat in with my folks and information came out that I thought it was important for Mr. Baez should be aware of.

Did those items come out today?  No.

Did you discuss the pregnancy with Casey when you saw the bump?  No I just made a comment.  I didn’t expect an answer.

Do you remember your deposition?  Yes.

He is shown his deposition.

You were asked if you called her out about the bump and you said it wasn’t my place?  Yes.

Lee says he didn’t call her out when she picked him up at the airport either.

When your parents found out about the pregnancy they were excited about it?  Can’t tell you, they never discussed it with me.

There was no activity in the house?  They didn’t include me and told me to drop it.

You discussed the period of Casey’s pregnancy prior to Caylee being born?  I felt my role was to be in the background.  My parents were over the top? Correct?  That was the impression I got.

What preparation did they make for the baby?  They got her a crib.

Didn’t the redecorate a room?  Yes.

You were there, weren’t you?  I lived in the next room.

Your mother went nuts decorating?  From what I saw after the fact.

Didn’t they have a baby shower in June?  Yes, but I wasn’t invited.

Where were you?  I wasn’t included.

Your parents weren’t hiding the fact, they invited family and friends to the party?

Objection.  Sustained.

You didn’t cry during the deposition when asked about the birth.  I don’t remember.

What was different when you were asked today?  Two years ago, I didn’t believe Caylee was dead.  Today I do and I regret now I didn’t do more.

You spoke at the memorial for Caylee?  Yes I did.

You…no more questions.

Redirect…

You were asked about a stain in the trunk the size of a basketball?  I see stains, not necessarily the size of a basketball.

Did you see your mother use an entire can of Febreze in the car?  No.

Mr. Ashton asked if you met with myself in preparation, did you meet with the defense prior to meeting with the State?  No.

Baez moves to the deposition with the State…

I have absolutely no idea what this is proving!

Mr. Ashton asked if your parents were over the top before Caylee was born?  Yes.

Did Caylee’s shower occur after the birth?  I don’t recall.

When you cried earlier, was it different from sitting in the State’s offices?  Yes.

Why?  I don’t want to be here and I don’t want my sister to be here.

You said you didn’t believe Caylee was dead when you spoke at the memorial?  Correct.

You were able to block that out?

Objection.  Sustained.

No further questions.

Recross…

How many times did Mr. George have to show you your deposition when you testified?  Handful of times.

When you testified on direct for Mr. Baez, how many times did he have to refresh your recollection?  None.

Your recollection is better today than it was in 2009 for your deposition?

Objection.  Sustained.

Lee’s deposition says the shower happened in the months preceding Caylee’s birth!

Lee stands down.

Well, other than establishing Lee has a faulty memory (ayuh, right!) or just out-and-out lies, that’s what we got!

Cindy Anthony is next but Baez says it may be an issue!

Cindy says the shower was after Caylee was born because she was born a month early!

Baez has some photos he shows Cindy and she recognizes it.

Linda objects on relevance.

Judge Perry say to approach…

Something stinks in Anthonyville.  We haven’t from George yet, but it seems the whole family flipped again this week!  There is something afoot here today, but I can’t figure it out yet!  Is this all about what Lee told Baez in their meeting?

Objection is sustained.

She again identifies the picture from Ricks wedding.

Did you believe your daughter was pregnant?  No I did not.

Did anybody advise you Casey might…

Objection. Sustained.

Who attended the shower?  Grandmothers, aunts, friends, neighbors.

Was Lee present?  None of the guys were.

Witness stands down.

Mason calls  Ryan Eberlin.  He is with OCSO.

He was sent to Hopespring Drive where he observed the Pontiac.

Did you notice a particular odor?  No.

Did you put handcuffs on Casey Anthony?  Yes.

Where you then instructed by Sgt. Hosey to release her?  Yes.

Cross by Linda.

Why was Casey handcuffed?  I was told by the complainant…

Objection, hearsay and Mason wants a sidebar…

It is Mason’s fault for opening the door, lol!

The jury is sent out…kill me now, I just shouted obscenities.

Proffer…

Can you tell the court why you handcuffed Casey?  Cindy came out and showed him receipts say Casey had stolen her credit card and wanted her arrested.  Sgt. Hosey said we are not concerned about fraudulent credit cards theft now, but for a missing child.

Mason wants an instruction because Casey isn’t on trial for car theft or credit card fraud.

Judge Perry says Mason opened the door and he will fashion a jury instruction.

Jury returns…

OK, we do it again…Cindy wanted to press charges which is why he handcuffed Casey.

At the point of being un-handcuffed, Casey was free to go back in the house and move about?  Yes.

Oberlin is excused.

Cpl. Eric Edwards called by Mason.

Were you one of the lead detectives in this case?  Yes.

Do you know a Linda Tinnelli?  Yes.

Who is she?

Objection, relevance.

She was a volunteer with KidFinders.

Approach the sidebar…

Jury sent out again!

This has to be a new record for Pop Tarts!

Proffer…

Tinnelli was pointed out by Laurie Kree with TES.  Tinnelli was with KidFinders and maintained the volunteer sheet at the tent.  He discussed the roll of duct tape with her that George brought to the tent.

After the remains were found, did you in an official capacity, contact her again?  Did you go to her home and discussing placing a bug on a lamp in your living room?  The Anthony’s had wanted to meet with her and we were concerned about what the Anthony’s might ask her to say.

You never did it?  No sir.

You met her at Lowe’s and ask her to wear a wire?  We might have.  It didn’t happen.

Linda has no questions.

Are you aware of any phone messages left for Ms. Tinnelli by George Anthony?  Ms. Anthony, I believe.

Judge asks what material fact this proves or disprove or relenvancy does this have to the theory of the defense?

The detectives were so interested in following their case they tried to get a wire to get incriminating statements from the parents.

Linda Burdick says the line of questioning is only to offer speculation to the jury regarding detective motives.

Judge Perry rules not relevant to a material fact and you lose Mr. Mason.

Boy the defense just keeps shooting themselves in the foot!

Edward is released but my be subject to recall.

Mason wants to call Linda Tinelli regarding the duct tape…Judge Perry says if there are issues, take them up now because he doesn’t want to send the jury on the Pop Tart road!

Mason calls Linda Tinelli.

Do you know George or Cindy Anthony?  Yes.

How?  I volunteered when Caylee went missing.

Did you observe George Anthony having duct tape?  Yes.

How was it used?  To hold plastic table clothes to the tables and put up missing child posters up.

Mason is done.

WTH was that?

No cross.

Excused.

Yuri Melich called.

You are the lead investigator of this case?  Yes.

You were first called out on July 15th?  It was after midnight, would that be the 16th?  Yes, I’m sorry.

Did somebody tell you about a bad smell in the car?  Yes, George told me.

You left?  Yes and then came back.

You had more interaction with George?  Yes.

The purpose was to focus on Casey Anthony?

Objection.  Sustained.

How many police officers were there at the home?  3-4.

Do you realize there were 7-8 officers there?  No I don’t believe there were that many.

It wasn’t until she was under arrest that you decided to search the car.

You arrested her because you thought she might hurt herself?  She had already met the other elements of the crime, but that did cross my mind.

You were told the child went missing on June 8?  Yes, but we were able to straighten that out.

You shortly determined Zanny the nanny didn’t exist? Not shortly, it took a while.

You didn’t have contact with the Anthony family prior to that date?  No.

You subpoenaed Ms. Anthony’s cell phone records?  Yes.

You requested George Anthony’s cell records?  Eventually, yes.  I’m sorry I may be confusing that with the home phone.

You tracked Ms. Anthony through her cell phone?  Yes.

You didn’t do that for George, Cindy or Lee?  No.

The only person you focused in on is Casey Anthony?  No.

You didn’t pull any other records?  I did on several others including the man who found Caylee.

You interviewed Mr. Kronk?  Yes.

You asked him what happened and what he did?  Yes.

When did you become aware of prior calls to 911…

Objection…sidebar.

The king of Pop Tarts is all over the place here!

In August 2008 were you approached by a Det. White about a tip on Suburban?  Yes.

Did you tell him not to bother?  Yes, because the area had already been searched with a cadaver dog.  I told him to move to the next tip because we had hundreds.

What time frame did you subpoena Kronk’s phone records?  June through December.

You interviewed Gorge on July 30?  Yes.

That was the first time you were informed of some fight with Casey over the gas cans?

Objection.  Sustained.

Were the gas cans collected on August 1st?  I would have to look at the property logs.

I have no clue what Baez is doing!

You got Kronk’s ceel phone records from June to December 2008?  Yes.

Did you confiscate his computer?  No.

It could of told you about his movements, like internet sites and google maps?  Yes.

Linda on clean-up and she does her usual great job.

Baez guesstimates they will done next Thursday (heaven help us), The State’s rebuttal should take two days.

Ashton wants an instruction on Rodriguez having hit the high road!  Oh, Rodriguez works for the government and they can’t take outside jobs in the line of work!  He did majorly perjure himself at the beginning of his testimony, lol!

Wow, did the defense blow it with this witness!  I can’t believe we are still arguing this carp!

Defense calls for a motion to dismiss!

All done!

Observation:  Ya know, I’ve watched murder trials before, but none as herky- jerky as this!


Casey Anthony – When Will The Defense Get To The Point

06/23/2011 21 comments

August 2005 ~ June 2008

Yesterday was relatively calm, no bombshells and everyone was on good behavior!

The defense put on a number of witnesses, all of whom testified to not finding anything, no more hairs with hair banding, no drugs.  Dr. Sigman found small amounts of chloroform, but not enough to raise alarms.  We did learn his air samples weren’t really proper and he never had a piece of the trunk carpet to test. 

Everyone is still wondering about Dr. William Rodriguez.  Has he disappeared into oblivion because he perjured himself right off the bat by falsely claiming he is a co-founder of the Body Farm?  Guess we’ll find out sooner than later!

The biggest question is, when will the defense offer some evidence of their fantastical claims presented in their opening statement!

With any luck, my internet connection will remain stable today and WordPress won’t eat half of my report!

Baez calls a sidebar and the Judge says, remember you were supposed to do that before hand!

OCSO CSI Supervisor Mears is back.  She identifies the red Disney bag and the Gatorade bottle.  She also brought the syringe from the sheriff’s office with her, lol.

The syringe is entered as evidence and Ms. Mears is excused.

FBI hair and fiber analyst Stephen Shaw returns.  He testified to the hair study he conducted on hairs from living people.

He identifies photos of hair used in his study.

Baez brought all these folks back just to enter evidence!!!!

Jeff Ashton calls a sidebar.

Items moved to evidence.

You had many hairs in this study?  600 hairs from living people.

The thesis you read was from someone going for their Masters?  Yes.

And you wanted to expand on that?  Yes.

Two analysts incorrectly identified two antemortem hairs as having hair banding, but upon review they realized the error and excluded them.

This is a total waste of time as this testimony has already been elicited by the State.

A bunch of photos of the study hairs are shown and Shaw agrees there is some decomposition in each.

Decomp of antemortem hairs is not the same as postmortem hair banding!

Shaw examined hair from the hair mass, debris from the skull and the duct tape.

No meaningful hairs found on the duct tape were suitable for testing.  The caucasian hairs on the tape were consistent with the caucasian hairs found in the hair mass.

Shaw prepared a PowerPoint that Ashton moves into evidence and it is published.  The hairs from the study show before and after exposure.  They also show discoloration after exposure some show decomposition but no postmortem banding.

So it takes some training to know the difference between decomposition and hair banding?  Yes and a microscope is very helpful.

Ashton did a fine job of poking big holes in what Baez tried to do – confuse the jury!

Baez on redirect…

In your study, did you have any hairs in garbage?  No.

Your slides show number of days before being collected?  Yes.

But the slides of the postmortem hairs don’t show the days?  No, that wasn’t put in the slide.

The first postmortem hair was collected after 3 months .

The hairs are from Tennessee in the winter time and Baez makes a big deal that the environmental conditions were nowhere near conditions in Florida.

You didn’t replicate the conditions in this case?  I don’t know all the conditions in this case.

Shaw says this is well established science.

Shaw is released.

Judge Perry calls a special recess!

Dr. Barry Logan, NMS Lab is called.

Dot has him lay out his background in GC/MS

When you do consulting work and you are paid, where does the money go?  To the lab.

Are you an analytical chemist?  Yes.

This guy’s claim to fame is drug and alcohol testing!

Dot hasn’t gone anywhere near his having been fired for mis-management Oregon!

Logan goes into how forensic labs get accredited.

Logan is here to trash Vass.  Remember research labs aren’t accredited!

Ashton on voir dire…

When was the last time you did analytic chemistry outside of toxicology?  I supervise the lab.

Your experience is limited to mainly toxicology?  Yes.

Ashton objects to expert designation in anything other than toxicology.

Judge Perry says he is accepted as an expert only in forensic toxicology, not the 6-7 fields Dot spouted!

Logan reviewed FBI records on the evidence from the trunk, the Vass and Wise reports, and the autopsy report.

Have you reviewed the 2008 paper by Dr. Vass?  Yes.

Yikes, the darn flip chart and marker comes out.

Dot wants to get Logan to trash research labs and Ashton objects.

Sidebar…

What are the requirements for crime lab director?

Objection.  Sustained.

Do have any evidence the Oak Ridge Lab is a forensic lab?  No.

Dorothy keeps asking questions that Ashton objects to and Perry sustains.

Was validation done at Oak Ridge?

Objection.  Sustained.

When you reviewed the bench notes from Dr. Vass, did you find any indication of validation?

Objection, may we approach?  You may.

Accepted only as an expert in forensic toxicology, Dot is going off scope like crazy!

Were there accepted, published protocols for the testing at Oak Ridge?  None.

What is your opinion on the test…

Off to the bench again!

Was there any safeguard against contamination in the material reviewed?  No.

Were proper controls used in this test?  No.

When you reviewed the report, do you have any opinions with regard to the bench notes as they discuss the manner with which the testing was conducted?

Objection.  Sustained.

Dot, Dot, Dot!!!

More objectionable questions and another trip to the bench!

What is oleic acid?  Fatty acid.

Where does oleic acid come from?  Cheese, butter, milk, dairy products.

Dot takes a roundabout way to get to the paper towels and the fatty acids could have been from cheese – remember Velveeta – and/or meat pizza – there was no meat on the damn pizza!

More objections and another bench walk.

Judge Perry calls lunch!

I sure hope Dot revised her questions during lunch or this will be real painful!

These four fatty acids we’ve been talking about, in this case, where were the found?  On a paper towel.

Ashton on cross…

You not saying all these acids are found in combination in vegetables?  Yes.

These are also present in decomposing animal fat?  Yes.

Are these fatty acids the same as in adipocere?  Yes.

Are there any other compounds in dairy products that aren’t in adipocere?  Yes.

So you could tell the difference?  Yes.

The protocol for decomp odors are published in the Journal of Forensic Science?  Yes.

Ashton chewed him up real fast!

Dot back…

Did you see any protocol on how to collect air samples from the trunk of a car?  No.

Did you see any protocol on how to collect carpet samples from a trunk of a car?  No.

Ashton…

You couldn’t reproduce the test in your lab could you?  Yes we could.

Your lab doesn’t do that kind of testing on the carpet?  We could.

Jeff grabs 4 pieces of evidence (cans and such) and drags them in front of Logan on the stand…

Dot objects and we head down the well-worn path to the bench, Dot brings Mason and Baez with her…

This is getting real dicey!  Linda Burdick now goes and joins Jeff.

Jury sent out!

Perry appears to be reading case-law, as is Jeff.  Mason appears to be advising Dottie.

Jeff says because Dot asked if he could reproduce the test and he said no, that opens the door for the State to question him.

Dot says Logan couldn’t reproduce the test as it was done in this case because of no protocol, how and why samples were obtained.  She moves to strike Ashton’s remark and they want a curative instruction.

Judge Perry says the Florida Supreme Court ruling said the burden of proof shifted from the prosecution to the defense.  The defense has not asked for testing, but the State can’t lay the burden on the defense.

The defense’s objection is sustained.

The line of questioning regarding the cans is sustained unless someone opens the door.

Proffer by Ashton

Could you take a sample of the carpet?  Yes.

Heat it for 48 hours?  Yes.

Cryotrapping?  If we had the proper equipment.

Are the settings for the machines in the bench notes?  No.

Ashton says he’ll withdraw.

Perry says the defense did open the door, but when trying to impeach an expert, you cannot impeach his opinion unless you have another expert to confirm the result.

The problem is, Dot started this whole mess by asking Logan if he could reproduce the test.  She actually created the burden shift herself and Jeff pounced on it.

We are in very dangerous waters here and Perry doesn’t want to be caught up a stream without a paddle!

Logan is trashing Vass and his work, but he isn’t even supposed to be testifying about it because he is not a qualified expert in air samples.

Perry gives them another case to review and calls a 10 minute recess.

Perry will tell the jury it’s not up to the defense to prove this.

Your lab doesn’t perform in air sample analysis.  Correct.

And you haven’t been involved in air sample analysis in over 20 years?  Correct.

Logan released.

Defense calls CSI Jenny Welch again!  OMG!!!

Over 300 items were collected at the recovery site?  Correct.

Any socks or shoes from Caylee found at the scene?  No.

Witness excused!

Defense calls Cindy Anthony.

You used the computer in your home?  Which one?

The desktop?  Yes.

Everybody in the house used the computer.

In March 2008 did you do any search on chloroform?  Yes.

I started looking at chlorophyl because one of the yorkies was always tired and she thought it might because something in the yard, which lead to chloroform.

Also in March there was a scare about hand sanitizers so she searched chloroform for that.

She also searched about chest and head injuries for a friend.

Could your work schedule show you worked when you were off?  Yes, we couldn’t show overtime so extra hours would be listed for another day.

Baez show photos of the Sunbird that Cindy identifies.

They bought the car in 2000.  George and Lee mostly drive it.

Lee drove it till 2005 when it was passed to Casey.

Cindy says the stain in the trunk was there when they bought it!

Did you see any other stain in the car trunk when you sprayed it with Febreze?  There was an ident from a gas can.

Linda Burdick on cross.

Were you home on March 17 between 1 and 3?  I could have been.

Your testimony is you may have been home even though your work records show differently.  It’s possible.

You couldn’t go back to your job to see the work records?  No.

Do you have knowledge if your employer backed-up the emails?

She goes into a long, winding story about the company system.

The computer searches became important in December 2008 to her because Melich asked why Casey would have looked up those items.

You didn’t tell him about that?

You testified in the past you looked up chlorophyll?  Yes and at the same time as chloroform.

Did you input ‘how to make chloroform’?  I don’t recall typing how to make chloroform.

Search for self-defense?  No.

Household weapons?  No.

Neck breaking?  There was a skate boarder YouTube.

Shovel?  No.

Is this something you recall now since you medication change in 2009?

What search engine do your use?  Google or Yahoo.

What browser?  I don’t know.

What profile did you use on your computer?  There are two, owner and Casey?  I don’t recall having to do that.

In March 2008 did you have MySpace?  No.

Facebook?  No.

Linda skewered her and is totally pissed she lied!

Baez on redirect.

The password protection was on your work computer? Yes.

All the searches on chloroform and chlorophyll is nothing new?  No.

Sandra Khan Osborne, digital forensics, is called.

Who followed you in to court last time you were here?

Objection.  Sustained.

Who followed you in today?

Objection.  Sustained.

You reviewed the computer history?  Yes.

Baez shows her a disc with the Firefox history.  She has never seen the disc and it’s not her handwriting.

Baez next show her a spreadsheet from the hard drive history.  Sgt. Stenger worked these items, not her!  She extracted the info and turned over to Stenger.

Don’t forget, only Casey used Firefox.

Baez wants it entered as evidence.

Linda objects saying Osborne indicated the she thinks the sheet reflects the history, she didn’t create it.

Sustained.

Baez shows another spreadsheet another Stenger product.

What a freakin waste of everybody’s time.

Baez releases her and asks that she stay in the hallway, subject to recall.

Baez calls Sgt. Kevin Stenger.  Computer forensic expert.

He is asked about the printout.  He didn’t create it, Osborne did!

Baez wants to enter as evidence and Linda wants to know if it’s just the one sheet.  Baez says no, the whole disc.  Appears there is no paper copy!

Linda asks to approach.

Baez is so mucking this whole thing up!

Short recess called while they hash it out.

Looks like the defense got off their butts and printed out the report.

Baez only wants to show Linda the relevant pages as he enters them!

Baez finally turns it over to Linda to review!

Sgt. Stenger has now reviewed the report and agrees he prepared it.

Baez asks to enter…

Linda says Baez has tabbed pages he will address.

Judge Perry asks if there are untabbed pages.  Yes.

Then take them out.

Accepted into evidence finally!

Stenger explains the report is the Firefox history.

Seems there may be a discrepancy between the two software programs, Net Analysis and Cache Back as to which sight was accessed, when.

You created the Cache Back reports?  Yes.

You didn’t testify to this jury about the Cache Back reports?  No.

Mr. Bradley testified to your reports?  I believe he did.

You ever had an expert testify on your reports?

Objection, Sustained.

Linda on direct…

The March 17 and 20 reports were created by you?  Yes.

He showed Bradley the reports because he developed the software.

I am lost here!

Linda apparently cleared up the confusion, but Baez is back to muddle things up again.

Stenger is excused!

Defense may call the next witness.

Rut roh, the ever dreaded sidebar…

Well, we got more legal issues that supposedly will make the morning go smoother and the jury is sent home.

Burdick and Ashton tell the Judge Nick Savage and Erin Martin  are in the hall and they have no first hand knowledge of anything/

Mason grouses, what, we have to give our hand up? He says Savage did things at the request of the prosecution and Martin has knowledge.

Ashton wants to hear a proffer now.

Nick Savage is called.  He was FBI lead in the case.

He attended a meeting with the prosecution.

Do you recall discussing duct tape could have been used on this child?

Did you try to find photographs for the prosecution?  Yes.

Did you request photos taken by the ME office?  Possibly.

Did you ask Karen Lowe or Erin Martin to locate those photos?  I asked  the unit, yes.

He is shown an email he says he never saw before.

Ashton has no questions, but says he doesn’t know what this has to do with evidence.

Savage stands down.

Erin Martin called.  Request coordinator for evidence.

Do you recall sending an email to Karen Lowe?

Her email says she doesn’t understand why the ME didn’t take scale photos of the tape and said her department had more information so she is referring Savage back to her.

She steps down.

We still don’t know what Mason wants, it’s all irrelevant and hearsay.

Mason says we don’t know if there is or is not a murder weapon.  Ashton says the murder weapon is duct tape and he sent Savage to get it.  The State is trying to manufacture something.

Ashton says this is an attack on the prosecution and not relevant.

Mason says the prosecution wanted the information to produce a video with tape on the skull.

No material evidence offered Savage.  There is no evidence of prosecutorial misconduct.

Savage is free!

Erin Martin is free!

You lose Mr. Mason!

5:19 pm we’re free also!

Casey Anthony – What’s The Game Plan

06/22/2011 21 comments
August 2005 ~ June 2008

What a hot mess the defense has on their hands, but they created it.  The State is aware of it, the Judge is aware of it, we are aware of it, and ya gotta believe the jury is aware of it! 

Since the defense began it’s case, last Thursday, its been one disaster after another and yesterday was no different.

Forget the number of times he has gotten up and bitched and moaned about how hard they are working, day and night.  Forget the number of times he whined that the State has all kinds of money and they are at a disadvantage be cause their client is indigent.

I’ve pretty much come to a conclusion about Mr. Baez, he has done as little as possible for three years!  He obviously hasn’t reviewed squat as evidenced with the jail visit tapes.  Not only did he not provide his so-called experts with the information and facts they needed to prepare for presenting testimony, he obviously has had little to no communication with them.  Heck, after Dr. Wise’s testimony yesterday, it is painfully clear he doesn’t have the faintest idea what his own witnesses are going to say!

His jaw-dropping admission yesterday regarding the computer hard drive that has been in his possession for three years was just mind-boggling! 

It’s glaringly clear he doesn’t now, and never did, have a game plan!

Casey went with the Lady Godiva look today!

Attorneys were present at 8:30, per Judge Perry’s orders.

Linda Burdick just walked a paper over to the defense that Casey signed, guess we have some kind of stipulation.

Oh lord, we start with a sidebar hope it’s just about the stipulation.

Defense calls Maureen Bottrell, Geologist Forensic Examiner, FBI, does soil, minerals and glass analysis.

Entered as an expert.

She explains how they examine materials.

She received debris from the Pontiac trunk and the shovel.  She also received 22 pairs of Casey’s shoes as well as item markers from the crime scene.

The trunk had a mix of materials and you can’t really do a decent study.  The shovel was under way when the body was found so they stopped the study.  The shoes had no material on them or it was so limited they could do a comparison.  The 3 pair they could study did not tie to the crime scene.

Well, that didn’t get us much!

Madeline Montgomery is called.  FBI Forensic Chemistry and Toxicologist.

She details her education and employment history.  She has testified as an expert 11 times.

She is accepted as an expert.

She received a hair from the hair mass found at Suburban drive to examine.

She looked for Xanax and Klonopin, but found none.  The lab had gotten a more sensitive test so they then tested for 9 other drugs in the same class of drugs.  That again came up negative.

Ashton on cross…

So you can’t say from the test they weren’t exposed to drugs?  No.

Did you look for chloroform?  No.

Witness excused.

Mason calls Dr. Michael Sigman.  Faculty member University of Florida.  PhD in Chemistry. 

Mason has him go through his education and employment and professional organizations that he is a member of.

He was at Oak Ridge for a time and know Dr. Vass.

Accepted as an expert witness.

He was originally contacted by Dr. Vass.

Sigman took air samples from the trunk by popping the trunk and withdrew samples by syringe.  One was sent to Dr. Vass by OCSO  and one sample was tested by him.

Sigman says his sample was very weak, but testing recognized gasoline in the sample.

His collection technique didn’t work out so well, so they went back on July 22nd to collect further samples.  They did find some chloroform and other compounds.  They did not do a quantitative analysis.

Sigman has never done studies on decomposition.

So the big point here is he only tested air samples, Vass tested the actually carpeting from the trunk.

Ashton on cross…

July 21st is the first time you took air samples?  Yes.

You did not inspect the trunk?  No.

So you were not aware the tire cover and the trunk liner had been removed?  No.

The air samples you took were quite small?  Yes.

Ashton is moving into the fact he did not test the carpet, only the air from the trunk.

I knew there was a reason I slept through science!

When you opened the trunk was there and odor coming from the trunk?  Yes, there was.

Mason on redirect…

You don’t know the source of any of the compounds you found?  The primary source was gasoline.

Sigman is released.

Another whole lot of nothing witness!

Defense calls Susan Mears from OCSO.  CSI Supervisor.

She identifies photos of items she collected from Suburban Drive and they are entered as evidence and published.

A red Disney bag that contained a Gatorade bottle.

How far were these items from the skull?  7 inches.

Witness excused.

Next up, Dr. Michael Richenbach with the FBI.

He examined the Gatorade bottle, a syringe with liquid in it …

Objection.  Not in evidence.

Mr. Baez?  They’re in the possession of the OCSO.

If not in evidence, sustained.

You may approach.

Guess the State didn’t think these items were of any importance!

He examined a car seat and a steering wheel cover and tested for volatile substances, particularly chloroform.  None found.

Why test the steering wheel cover?  I don’t know, we were asked to test it.

He says he only took some cuttings and did not inspect the entire items so he can’t say with certainty there was no chloroform.

Baez keeps going after items not in evidence.

Now we’re onto the doll.  No chloroform.  Cindy did wipe it down with bleach!

Ashton on cross…

Was there an early indication of chloroform?  In small amounts, not enough for me to render an opinion.

Sidebar…

He obtained a second doll and tested it and found not enough chloroform to identify positively.

Another sidebar…

The Gatorade bottle and syringe are brought up by Baez after sidebar.

A photo is shown and he identifies it.

The liquid could not be identified, possibly contained cleaning product and testosterone, as did the syringe.

He is released.

Karen Lowe returned.

Baez takes her through a tone of items that had hairs…none contained hair banding.

There was one caucasian hair that could not be matched to family or CSI officers at the scene.

Blah, blah, blah…

This was more of a whole lot of nothing.

The defense didn’t implode today, but didn’t gain a foothold either!

Judge Perry sends the jury out for the day and reminds them there will be extended hours on Saturday.

He wants a time estimate from the defense so the State can prepare for rebuttal.

And, that’s a wrap!

Apologies!  I lost half my entry due to technical issues and just had to go from memory on some of this!

Casey Anthony – Can’t We All Just Get Along

06/21/2011 20 comments
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!

Casey Anthony – Can I Get A Witness

06/20/2011 22 comments

August 2005 ~ June 2008

Maybe the title should read can I get a credible witness!  I am still shaking my head in disbelief at how God-awful the defense is and that the defense case has only been in progress for 2 1/2 days!  I mean seriously, it feels like weeks and so much of it just wasted time.

Baez calling Bloise, Murdoch, Seubert, Maynard, Welch, Gottisman, and Oien got the defense a whole lot of nothing.

Then we spent a whole day with Bug Boy Huntington!  If Huntington thought this appearance was his quantum leap into the ‘expert for hire’ game, he was sadly mistaken.  He all over the place with opinions that never made it to his report or deposition and Jeff Ashton skewered him!

Dr. Werner Spitz was cantankerous and lost under Ashton’s cross.  He is just a sad old man at the end of a long, illustrious career and he needs to quietly fade into the background.

The real showstopper was Dr. William Rodriguez, whom I suppose we may hear from today.  There is something about his attitude that really irks me.  Part of it may stem from his opening comment, “I’d like to inform the court I’m here as an unpaid consultant”…

The crap hit the fan when he began testifying about the duct tape placement and Dr. Warren’s video.  It seems Baez was told Rodriguez’s opinion in January before he even issued his report! Low and behold, it isn’t in his report.  Judge Perry went absolutely ballistic on Baez’s ass for ambushing the State!

So, by my count, that’s two; Huntington and Rodriguez!  Think Baez learned anything?

Judge Perry took the bench at 9 am and already we have a bench conference.

Ashton says Rodriguez was deposed Saturday and he got the transcript Sunday and read it once.  He needs to review the transcript in preparation to cross him.  Rodriguez plans to say people can’t distinguish decomposition from other odors!

Ashton also has an issue with Dr. Eikelenboom who showed up in court on Friday.  Dr. Eikelenboom has no opinions in his 1/2 page report.  Eikelenboom showed up at Ashton’s office Saturday without warning and now a report and a slide show magically appear from the defense.  Eikelenboom hasn’t even been deposed and isn’t scheduled until tomorrow evening.

Baez says the experts were under time constraints and he asked them to issue reports quickly and there is no way they could have included all opinions because court is not a scripted event.  He also says Ashton intentionally didn’t depose the witnesses.

In classic Baez style, Baez whines that Ashton hasn’t been threatened with sanctions and claims Ashton has been playing games from the beginning.  Baez is really trash-talking Ashton.

Perry tells both sides to look at the clock and say what time it is – 9:25am! Perry is pissed that the jury has been sitting here for an hour.  Attorneys must now show up at 8:30 each morning and they will work a full day this coming Saturday!

Judge Perry pulls out 3 different orders he has issued concerning reports and/or depositions.

This court does not make threats it just enforces the rules!  The court will not deal with possible repeated violations now, but possibly at the conclusion of the trial.

Wednesday will be a short day because Judge Perry has an issue to deal with.

Enough is enough, says Perry.

Judge Perry allows the State more time to prepare for Rodriguez and tells Baez to call the next witness.  The next witness was Eikelenboom, omg!

They just sent someone out to pick up a 3rd witness which will take about 30 minutes.

Perry says he’s real close to starting court at 8:30 and shortening lunch breaks.

So, now we recess!

Can you say FUBAR?

Attorneys called into chambers!  Something cooking, 10:48 and no witness yet!

Attorneys, yet again called into chambers!

They exit and 2 minutes later get called back in!  Methinks we have no witness!

BINGO! 

Court in recess till tomorrow morning!

If I was on the jury, I’d be mighty pissed!

Casey Anthony – Do Miracles Really Happen

06/18/2011 27 comments

August 2005 ~ June 2008

Casey has to be wondering when her miracle ‘that her ‘boys’ promised her is going to materialize.  Then again, I may be giving her way too much credit.

Yesterday was a total pounding of the defense as Jeff Ashton pulverized their expert entomologist, Dr. Timothy Huntington.  Ashton sliced, diced, shredded, and pureed young Dr. Huntington’s testimony.  I do believe Huntington’s reputation as an expert witness took a pummeling too!

In the end, Huntington had to pretty much agree with the State’s contentions and he left the witness stand in a hurry!

I’m really hoping someone got to Baez and knocked some sense into him on the finer points of cross-examination and the wisdom of KISS – Keep It Simple, Stupid!

Linda Burdick looks pretty in pink today!

Casey is all smiles and giggles with Mason.  Her pouty persona reappears once the jury enters. 

Early, 8:45 Judge Perry takes the bench and announces the motion to be heard has been resolved by both sides and The State’s issue with Dr. Spitz has been resolved.

Dr. William Rodriguez is first up.  “I’d like to inform the court I’m  here as an unpaid consultant”…

Objection.  Sustained.

He is a forensic anthropologist with the US Armed Forces.

Rodriguez  gives his background and turns out he started a unit at the Body Farm to study decomposition.  He authored the first paper issued by the Body Farm.

He is a taphonomist with a major ego!  He also claims to have done major entomological work.

Baez asks to accept as an expert witness…

Ashton asks to voir dire on entomologist status.

Rodriguez has never testified as an expert on entomology and Ashton takes issue with that.

Judge Perry tells them to approach.

Rodriguez says as an entomologist he looked at the insects and activity on bodies at the Body Farm.  Has he instructs LE on how to collect the insects and how to establish time since death.

Witness accepted as an expert.

He received the records and photos from the ME’s office, the entomological report from Dr. Haskell, photos of the recovery at the scene.

Rodriguez says the recovery scene was processed very thoroughly.  He says he didn’t see in the report where the body may have been initially placed..

Trace evidence is important to obtain quickly because it may indicate where the body was before scavengers drag off parts of the body.

Ashton objects and we go to sidebar…

What would you look for to determine where the initial deposit site was?  Decomp fluids would change the vegetation and in the soil.  Carrion insects would be present in that area of the soil.

Did you see any photos of any soil change at the scene?  No.

Would an anthropologist note that in their report?  I would hope so.

Rodriguez says he has worked numerous cases where duct tape was utilized to bind the hands or the facial areas.  In skeletonized remains there is no tissue left…

Objection, sidebar and a warning to cut the comments out!

Jury sent out.

Looks like another long day folks!

Ashton says Rodriguez’s report does not contain any interpretation on the duct tape so he can’t testify.

Perry asks, what opinion were you going to offer about the duct tape?  The position of the duct tape in the ME photos is in two different positions and one can not make a determination to the position unless the body was buried and not ravaged by animals.

When did you formulate that opinion?  Early on when I received the photographs, earlier this year, February 21.

Why did you not include that in your report?  It was a non-issue.

Did you share that with the defense team?  I did.

Who?  Mr. Baez.

When?  In early January, February.

Where you informed that anything you would testify to had to be in your report?  I wasn’t aware of that.

Were you shown the court ordered.  No.

Mr. Baez never informed you of the court order?  No sir.

BINGO!  Baez up in smoke!

Rodriguez understood he would be asked about the duct tape after he learned about Dr. Warrens’s super imposition video.

Baez claims he met all deadlines, but all his experts had multiple tasks and the video was shown to them late in the game and they only had a few days in between the report and the video.  It isn’t possible to cover all things in that timeframe.

Judge Perry – so you are saying the witness is mistaken that he discussed this with you in January, February 2011?  No, we aren’t playing games here, but my understanding was the State wouldn’t say witnesses could testify to things we didn’t know would come up.

What you basically saying is you pick which court orders you can comply with or not comply with!

Mr. Baez, both sides have engaged in game-playing.  This is not a game!

Judge Perry is more steamed with Baez than I have ever seen.

I’m faced with what is the remedy?  It is ironic that we were here early to discuss a motion about the rule of sequestration.

It appears to me this was quite intentional.  This was not a slip, inadvertent.

Should Ms. Anthony be punished as a result of this?  Case law lays out solutions as contempt, an instruction to the jury about the infraction.

Rodriguez will step down and his deposition will be taken this afternoon.  He will testify on Monday.

The State may write a jury instruction that I will review.  I will rule on possible contempt after that.

Mr. Baez, this is not my first rodeo.  I’ve tried a number of cases.

I was very careful how I issued rules, I didn’t want no gotcha moments!

Mr. Baez, lightning does not strike twice in the same place.  Law says exclusion can’t be punished the first time.  I make no guarantees what I might do the next time!

Baez says the will depose the witness if the Sate want to attend.

Judge Perry says you don’t have to depose your witness, I made him available to the State.

I am stunned and dumbfounded that Baez and his team thought they could pull this crap and get away with it!  Talk about low-down, smarmy and deceitful!

Recess called.

Mason asks the Judge instruct the jury as to why they have switched witnesses.  Perry says you can do it and then I’ll let Mr. Ashton do it.

Judge agrees he’ll tell them something.

Mason calls Dr. Werner Spitz

He gives his background and training for the jury.

Oh mercy, his training in Israel turns into a history of Palestine and Israel becoming a State!

Sadly, Mason is actually is having to lead Spitz through his CV.  He has had a stellar career, however in the past years, his ego has overshadowed his common sense when testifying as many of you know!

Much of this information that Mason is offering is ancient history and not sure how impressed the jury may be.

Spitz is accepted as an expert witness.

When did you become involved in this case?  I received a call from Jose Baez law firm and was asked to consult on this case.  I was also asked if I had…

Objection.  Sustained.

The autopsy had not been performed on Caylee, at that time he got involved.

Did you ask to be involved…

Objection.  Sidebar…

Werner wasn’t allowed to participate in the autopsy because it is against ME policy in Florida!  The question is irrelevant!

Did you request to attend?  Yes I did.

Did you?  No, I was denied.

Why did you want to?  It was be useful to observe the body in the same condition as the person performing the autopsy.  It is also useful to have 4 eyes instead of 2 eyes and to discuss the findings.  It’s customary for pathologists to work together.

Did you conduct a 2nd autopsy?  I did.

He was given access to the remains at the Bryant Funeral Home for the second autopsy.

Had Dr. G completed her report before you conducted the autopsy?  I don’t think so.

He claims he didn’t bring a saw to Florida because he thought the autopsy was done correctly, but it wasn’t because the skull hadn’t been opened.

He did open the skull during his autopsy.  He brings out a plastic skull as a visual aid.

Did you take photographs?  I did.

Spitz identifies the photos and they are offered into evidence. 

Casey looks freaked out about the skull model and the blown-up photos of Caylee’s opened skull,  graphically displayed to the jury.

Your report of autopsy found what deficiencies in Dr. G’s report?

Objection.  Overruled.

Spitz examined the skeleton and most of the skeleton was available.  He opened the skull and didn’t find any discoloration of the skull.  No fractures or blows he could identify on the skull.  There was some damage on the leg bones due to scavenging by animals.

He says cause of death was unknown for the first autopsy and for him as well.

He is asked about duct tape on the lower face.  He said not a shred of soft tissue left and the tape was not there when he did his autopsy.  In photographs he noticed the tape was hanging to the side attached to the hair and some vegetation.

Dr G. reports says the duct tape was placed prior to decomposition, what is your opinion?  I have a problem with that without the presence of tissue.  Nothing indicates the duct tape was attached to bone or the face.

The tape maybe was placed there to hold the lower jaw in place.  He demonstrates how when picked up, the lower jaw would have fallen off the skull.

Would you expect DNA on the tape if placed on the face?  Yes.

Is it your opinion that the tape was not put on the face even antemortem?  No.

Mason takes Spitz into adipocere.

Spitz say it will develop within 10-12 days in warm temperature.

Did you find adipocere on the remains?  Oh, no.

Is there any evidence as to the cause of death in this case?  You can rule out several reasons, but you can’t answer that question with this child.

Can you rule out accidental death?  No.

What is your opinion of manner of death?  I would not be able to tell you.

Mason is done.

Recess is called…

Ashton on cross…

Manner of death requires additional information other than autopsy?  Yes.

What were you given?  The autopsy, I went to the scene and the house as well.  That’s about it?

But for an adequate investigation you need all the evidence, all the circumstances surrounding the death?  Yes but I asked sufficient questions of Mr. Baez and Mr. Mason.  The Anthony’s.

Did you read the police reports?  Yes.

Which ones?  I can’t tell you.

What facts did you use in your opinion?  I understand there was a lapse of time of the disappearance of the child and when it was reported.

What is your understanding of the events of the last time Caylee was seen alive?  I know that Caylee was allegedly taken to a babysitter.

What facts did you use in saying the cause of death is undetermined?  I don’t know if I have any facts.

Did Dr. G have more information to form her report than you did?  I don’t recall any information that I didn’t read in her report.

What did Dr. G say in her report?  I don’t recall.

A pathologist summarizes the facts surrounding the case?  Some do, some don’t?

This is just sad!

What facts did you consider significant in the case?  A pool in the house, a month went by before the child was reported.

You said the failure of Dr. G to open the skull was a violation of protocol?  Yes.

What protocol was violated.  The head is opened when the skull brain or anything may be involved.  A whole body is autopsied.  The head contains many pieces of information.

Where has that been published?  I don’t know.  There is somewhere what we should examine.  If the head is not opened it is a shoddy autopsy.

The head is opened to examine the brain and structure?  That is not the only reason.  I never would have known the position of the head.

Spitz is just befuddled by this questioning!  Not to be cruel, Spitz needs to ride off into the sunset and no longer attempt to offer expert testimony.

Spitz says the skull should have been opened because this is a national case and has been all over the papers and news. This case requires more questions answered than someone in their 80’s who died of a heart attack.

OMG!

How many interviews have you given about this case?  One local and a paper.

Didn’t you do a TV interview this week up where you live?  That’s what I just told you, it was shown down here.

You gave an interview to a female report for a local station in Detroit?  Yes, I think I did.

You don’t recall discussing in length about your testimony, dust in the skull?  I was meaning to watch it, but I fell asleep.

You were on the Today Show in 2009 about this case?  I don’t remember that.

Were you involved in the Phil Spector case?  Yes.

OJ Simpson?  Yes.

Menendez brothers? No.  “oh, you didn’t get that one?”

When you opened the skull, you broke it?  Broke it? I don’t know that I broke it.

The residue in the skull, was that tested? I think someone who tested it.

You don’t know if the skull had brain residue or dirt?  The gravity caused the brain dust to fall to the lowest point.

The skull sitting under water, can you say this residue wasn’t from muddy water?  Yes.  I say it was brain dust.  Until such time that somebody analyzes it, that’s my opinion.

OK, Spitz has used the following words to describe the same thing, sediment, brain dust and residue…so which is it?

Spitz claimed the skull was on its left side, but doesn’t believe with the brain and head decomposed, the hair would have sloughed off to the left side!

This is so Twilight Zone or Otter Limits!

Spitz believes the duct tape was placed after the body decomposed!

How could a person put duct tape on the skull?  They took a piece of duct tape from a role and tore of a number of section and stuck them on the skull to possibly hold the lower jaw to the rest of the face.

The skull and the body decomposed at the scene?  Yes.

The person came and picked up the skull and placed duct tape on it?  I can’t say.

If they picked up the skull the mandible would have fallen off?  Yes.

They would have had to pick up the skull and the mandible and place the duct tape.  That is a possibility.

Spitz now doesn’t recall the tape being on both sides.

He also believes someone could have taken the skull and mandible elsewhere to tape it and isn’t sure the tape was stuck to the tape!

OK, Spitz finally gets to it…the ME’s office staged all the photos!  Placed the hair strands draped over the skull to take these autopsy photos.

Mason on redirect…

You were asked for any other reasons for opening a skull, are there any other reasons?  Sure.

What are they?  Internal fractures, hemorrhage on locations at the base of the skull.

Ain’t no way Mason can rehabilitate Spitz!

Was the skull manipulated to take those photographs?  It had to be.

Spitz is excused and Perry calls the attorneys to sidebar.

Court is called for the day and the jury is released til Monday.

Judge Perry says if necessary, next Saturday be prepared to work til 3pm.  Going through 1 witness a day is not getting them where they need to be.  Also, they may have to work til 6pm during the week, but he will make that determination next week!

Oh, what a day!