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Casey Anthony defense files motion to dismiss her murder case.

September 17, 2009

Are you kidding me??

The defense has just filed a motion to have Judge Strickland dismiss the murder case against Casey Anthony!  They are saying that the evidence was not properly preserved.

According to the motion,

“the state deliberately misled the court and delayed formal identification of remains so it could obtain exclusive control of the crime scene through Dec. 19, 2008” the date the medical examiner announced the remains belonged to the little girl.

The attorneys say that exculpatory evidence was not preserved and that violates Casey’s rights.

Exculpatory evidence:  Evidence that supports a defendant’s claim of innocence.

Anthony’s lawyers contend the state erred by tampering with the victim’s remains and excavation location before the defense could bring in it’s own experts.  They say they wanted to hire off-duty police officers to secure the area, but the state attorney’s office wouldn’t allow it.

The motion states that the ONLY evidence suggesting Caylee’s death was a homicide are conflicting reports of where the remains were found and without evidence the defense cannot challenge the opinions the state is bringing to court.

They say Casey’s rights were denied because the lawyers can’t effectively confront and cross-examine witnesses.

And,  if by some off chance they can’t get the case dismissed, they went ahead and filed a change of venue amended motion, suggesting Miami-Dade, Broward or Palm Beach counties as possible alternatives for the 2010 trial.

AND  if that’s not enough, they’ve also filed a motion for a protective order that will prohibit the jail from videotaping attorney visits and also visits with the Anthonys at the jail.  They want the jail to destroy the videos of Anthony with her family.

.”Because all the videos have all been released in their entirety, many blogs, newspapers and radio stations have analyzed every detail of their conversations,” her defense attorneys Jose Baez and Andrea Lyon wrote in the court document.

The attorneys argue that Casey needs the support of her family and releasing videos of their visits to the media could be seen as an attempt to punish Casey. They also say that they need her family to visit in order to adequately prepare for her death penalty case.

They are also asking the judge to grant their previous request for a transcript of George Anthony’s grand jury testimony that presumably helped indict Casey.

I’m speechless!  Hopefully Judge Strickland will toss the whole mess out.

read it here:

Orlando Sentinel

News 13

45 Comments leave one →
  1. Laura permalink
    September 17, 2009 3:50 pm

    Comedians is what they are!

  2. ostella permalink
    September 17, 2009 4:01 pm

    Have they forgotten the state just ordered THEM to produce their alleged “proof” that their client is innocent?

    Its kinda like The Little Rascals playing defense lawyers….

  3. itsamysterytome permalink*
    September 17, 2009 4:06 pm

    I just posted some of the stuff that was in the motion to dismiss. What???????

  4. mikka permalink
    September 17, 2009 4:12 pm

    lyons will cry by the next hearing,honor the staate dont know how,why,where, caylee died, so let her go and forget about the charges!

  5. itsamysterytome permalink*
    September 17, 2009 4:16 pm

    mikka–

    I cannot wait to hear how Judge Strickland decides to deal with this latest motion!
    Surely this doesn’t have a snowball’s chance in h#ll of happening.

  6. niecey456 permalink
    September 17, 2009 4:17 pm

    I wanna know what they are up to? That doesn’t make any sense.

  7. mikka permalink
    September 17, 2009 4:17 pm

    here why bozo want it dissmissed!!!!

    The motion filed Thursday afternoon seeks dismissal of all charges because evidence was not properly preserved.

    According to the motion, “the state deliberately misled the court and delayed formal identification of remains so it could obtain exclusive control of the crime scene through Dec. 19, 2008″ the date the medical examiner announced the remains belonged to the little girl.

    The skeletal remains was discovered Dec. 11, 2008 by a meter reader.

    Defense lawyers said exculpatory evidence was not preserved and that violate Casey Anthony’s rights. Exculpatory evidence supports a defendant’s claim of innocence.

    Anthony’s lawyers contend the state erred by tampering with the victim’s remains and excavation location before the defense could bring in it’s own experts.

    Her lawyers wanted to hire off-duty police officer to secure the area, but the state attorney’s office wouldn’t permit it.

    The motion says the only evidence suggesting a homicide are conflicting reports of where the remains were found and without evidence the defense cannot challenge the opinions the state is bringing to court.

    They contend Casey Anthony’s rights were denied because lawyers can’t effectively confront and cross examine witnesses.

  8. Sophie permalink
    September 17, 2009 4:22 pm

    Gosh, you know, it probably wouldn’t be so bad if they did throw this thing out.

    Because Casey would last less than a week on the outside. Problem solved.

    You’d think if George and Cindy really love their daughter, they’d want her where she’s remotely safe. There’s nowhere on earth now safer for her than solitary confinement.

    Maybe they should all get their wish. I’m not saying ‘mob mentality’ is okay…it’s not. But it exists. And that was demonstrated on the Anthony’s front lawn for some time. Eventually someone will want bragging rights for being the person who took Casey Anthony down.

  9. itsamysterytome permalink*
    September 17, 2009 4:40 pm

    Hey Niecey,

    I read on one of the forums that this is a standard practice (asking the case be dismissed) and they were surprised it had taken the defense so long to file the motion.

    The second motion about not videotaping the attorney or family visits because she needs her parents to visit so they can adequately prepare for the murder trial and because Casey needs their support is pure bullshitsu!

  10. itsamysterytome permalink*
    September 17, 2009 4:41 pm

    mikka–

    it’s crazy silly and almost funny! I’m sure Judge Strickland won’t see the humor in it, though.

  11. itsamysterytome permalink*
    September 17, 2009 4:43 pm

    Sophie–I hope no one would do such a thing, but I know there would have to be a fear that some nutcase would do something. I don’t think there’s a thing to worry about though. Their motion is very lame.

  12. September 17, 2009 4:57 pm

    I guess the defense forgot that in the emergency hearing the Judge ruled against the defense being within the crime scene because the remains had not been ID’d yet. Too bad it took so long to find out it was the remains of Caylee. Yes, it will be interesting to see how the Judge decides on this one. I think at best he will be told to redo his motion, like many of the motions he has filed in the past.
    As far as change of venue to Miami or Tampa, there is more of an Hispanic population there and they will not take kindly to Casey having pinned the blame on an Hispanic who turned out to be non-existant. Oh, but Baez is expecting his latinoness will score one for the defense! Not hardly, Jose!

  13. midget1 permalink
    September 17, 2009 5:00 pm

    and the beat goes on…… the defense and the scumball anthonys weren’t able to be there at the crime scene because they were too busy stuffing their faces at the ritz!there’s another reason for sympathizing with Sin-dy and Boy-George! I’m laughing so hard that I need to excuse myself and take a pee break.

  14. itsamysterytome permalink*
    September 17, 2009 5:09 pm

    Sherry–

    I’d forgotten that. Thanks for the reminder. I would be shocked if Judge Strickland bothered to tell them to re-write the motion. I hope he just throws it out like the garbage it is.

    Somehow I don’t think Baez has the unwaivering backing of the Latino population that he thinks he has. I agree with you, won’t fly.

  15. itsamysterytome permalink*
    September 17, 2009 5:09 pm

    midget–lol!

  16. September 17, 2009 5:13 pm

    Um ……o.k. Just let a baby murderer go free because Baez didn’t get to the crime scene in time to destroy/plant evidence. As for her needing to see her family……She chose not to see them for a whole month, even dodging their phone calls and bad mouthing them to anyone who would listen. What a joke this case has become because the defense is grasping for any little thing to set free a murderer.

  17. itsamysterytome permalink*
    September 17, 2009 5:18 pm

    Very good point, Diana! Casey chose to dodge her family BEFORE she went to jail. Casey needs their moral support???? Whatever. Casey needs to tell the truth, that’s what Casey needs.

    As for throwing the case out, never gonna happen. If these are examples of the flurry of brilliant motions Lyon is going to write in the month of September, it’s easy to see why she resorts to tears in her cases. That’s all she’s got.

  18. Molly permalink
    September 17, 2009 5:31 pm

    Lyons is behind these motions. stirring the pot

    Yeah, strickcland will just say, oh, o.k. let her go. you are too smart for me baez. lol

    He had filed emergency motions to let his “experts” on the scene after they found her remains & it was DENIED at that time. did he forget that?

    I love that part about G&C being able to visit her in jail. I don’t think she cares, by her actions in court. yeah right, o.k. THEY don’t have to be taped.

    unbelievable

  19. Molly permalink
    September 17, 2009 5:35 pm

    sherry – that’s exctly why he wants it changed to those areas, larger hispanic, latino population. He thinks they will admire him. He is forgetting one thing, casey is trying to pin this whole murder on a hispanic woman (the imaginary nanny). “10” or not, I don’t think the community will care for that too much.

  20. itsamysterytome permalink*
    September 17, 2009 5:35 pm

    Molly–more entitlement garbage. The Anthonys and Casey’s attorneys don’t have to follow the rules. Rules weren’t made for THEM–they were made to keep the rest of us in check.
    Whatever!!!!!
    I read that the court system is getting clogged up in Orange County thanks to Casey Anthony’s attorneys. What a waste of taxpayer money.

  21. September 17, 2009 6:03 pm

    Hmmm…good point about Baez at the Ritz! That was after the emergency hearing. And, the defense team was able to observe what was happening outside of the yellow tape, which they did the next day. So, why wasn’t their expert(s) there? Or anyone from the defense team? It surely would seem that being there was important to them for their client’s sake. They dropped the ball on this one since they were not kept completely from observance of some kind.

  22. September 17, 2009 6:13 pm

    Molly, awhile back a commentor on another blog came in and told us she is Hispanic and a club that she was involved in were also all Hispanics. She let us know that her whole club thinks Baez is an idiot for using his latino roots to make himself some kind of special attorney. The dear heart was nearly apologetic to us letting us know that latinos aren’t like him at all! We had to reassure her that we knew that. Yep, they are gonna love Casey and Baez in Miami/Tampa! lol

  23. Molly permalink
    September 17, 2009 6:13 pm

    “The motion says the only evidence suggesting a homicide are conflicting reports of where the remains were found and without evidence the defense cannot challenge the opinions the state is bringing to court.

    They contend Casey Anthony’s rights were denied because lawyers can’t effectively confront and cross examine witnesses.”

    I don’t understand either one of these statements..conflict of where the remains were found??? 1st you have Kronk that found & did not move anything, then LE got there, both are witnesses to WHERE they were found.

    Lawyers can’t cross examine witnesses??? I’ll agree with the part about they can’t “effectively” do it. lol

  24. niecey456 permalink
    September 17, 2009 6:26 pm

    You know I read that, but I think the duct tape with the heart sticker rather rules that out. Also all of the things found with her remains that led straight back to that house. I think the State has more too. I think Mother Clucker’s fairy tale had the right ending, as I believe “Bandito” will lock her up forever.

  25. itsamysterytome permalink*
    September 17, 2009 6:50 pm

    Molly,

    I found that statement confusing as well. Hopefully, when the actual motion is read, it will make some sort of sense.

  26. itsamysterytome permalink*
    September 17, 2009 6:51 pm

    niecey

    I agree. Mother Clucker got it right.

  27. Spacely permalink
    September 17, 2009 8:03 pm

    Your Honor, [Insert smarmy smile here – shake head and strut as if addressing a young child of your superiority], Your Honor, Your Honor, Your Honor, Your Honor,

    Seriously, we gotta talk about this case.

    All of the evidence that proves my client is innocent was taken from the crime scene before we were allowed to inspect the area. There was all kinds of evidence that we never got to see, like the video tape that shows she didn’t do it, the photographs, the signed confession by the real perp, Zanny’s fingerprint ID card, the script my client had to follow, and a receipt for chloroform from Chloroform’s’all’us dated after my client went to jail. Per normal Hispanic Hero Defense Attorney best practices, we requested all of this evidence from the state, but they refuse to release it to us.

    So, that’s why you should throw this case out and why we can’t produce the evidence you ordered us to turn over.

    We aren’t even sure exactly where the body was found. Have you seen this evidence mapping the state gave us?!? The police are so dumb, they can’t even figure out where they found the body.There are dots that say ‘human remains’ all over an acre. It’s like a kid with a crayon went crazy. What are we supposed to do, connect the dots???

    In closing, I have some family in Miami and Lyons has a hankering to hit the beach, so let’s move this party down there.

  28. niecey456 permalink
    September 17, 2009 8:15 pm

    ROFL!

  29. Georgia permalink
    September 17, 2009 9:01 pm

    I believe this is the first time I’ve posted here but have been reading and enjoying your comments for some time. I hope you don’t mind if I vent this one time.

    Dismiss the charges? Are these defense people on drugs?

    Exculpatory evidence was not preserved? Hogwash. Casey had plenty of time to analyze it the crime scene. She was there long before LE got there … because she created it.

    Move the trial to South Florida? Wasn’t that Jose’s old stomping ground? So why that area of Florida?

    “48 Hour Mystery” aired by CBS telling “both sides”? I’ll go out of my way NOT to watch it. Too many lies and spins already. And too much money going smack dab into the Anthony’s pockets, paid for IN FULL by Caylee.

  30. September 17, 2009 11:53 pm

    I just can’t comprehend any of this case anymore!!!!! I just say WTF!!!!!!!!!!

  31. September 17, 2009 11:59 pm

    They will never get away with all this nonsense? Never. It is out of the rule books. The whole family thinks they are stars now that they are in the media? HAAAAA Just wait. Their time is just to get ugly. Justice for Caylee My Sweet Heart

  32. Jill from Western Australia permalink
    September 18, 2009 2:47 am

    Hiya my l♥velies!

    Sherry hit the nail on the head…the remains were not identified until Dec 19th when Bozo was given access to the site.
    What if the remains were those of another child…not Caylee?
    The State would be up on a negligence charge if they had let Bozo in before the identification.
    MOTION DENIED!

    Hugs ♥♥♥

  33. Spacely permalink
    September 18, 2009 7:33 am

    Your Honor,

    The state delayed ID of the body on purpose so they could steal all the evidence that shows my client is innocent.

    Why all the delay? What could possibly take so long about identifying a skeleton spread across a large chunk of woods? Weren’t they watching when my client had the big hissy fit and needed meds to calm down when she saw what was happening on TV?!? If that’s not positive ID, I don’t know what is.

    In conclusiveness, I need you to order all the jail vids destroyed because their eventual leak to the internet is going to interfere with my upcoming promotion and sales of our new line of “KC Gone Wild” videos.

  34. mikka permalink
    September 18, 2009 8:24 am

    from wftv

    What do the latest motions in the Casey Anthony case mean?

    They “may actually show what the defense doesn’t have,” WFTV-Channel 9 anchor Bob Opsahl said last night.

    Reporter Kathi Belich highlighted one point in the motions: “The defense says its claim that it has evidence Casey is not the one who put Caylee’s remains in the woods was merely an attorney’s opinion about the evidence that’s already out there.”

    That was a setup for blunt analysis from WFTV legal analyst Bill Sheaffer.

    “They got nothing,” he said.

    Otherwise, Belich explained, the defense would have turned over the evidence it had to prosecutors. Casey is charged with the first-degree murder of her daughter, Caylee.

    Sheaffer blasted a defense motion asking the judge to throw out the case because its experts didn’t have access to the site where Caylee’s remains were found in December.

    “The defense has no right to do that under any theory whatsoever,” Sheaffer said.

    What of the defense’s quick response to the December find — before the remains were identified as Caylee? “It really strongly suggests some inside information,” Sheaffer said.

  35. itsamysterytome permalink*
    September 18, 2009 8:25 am

    Oh Spacely–

    You know yours would be a very funny post if it didn’t hit so close to home. It’s pretty much the spot on truth!

  36. itsamysterytome permalink*
    September 18, 2009 8:30 am

    Georgia

    Welcome, and please feel free to comment here any time you get the urge!

    These people have been on the Casey Koolaid for quite awhile now. Hopefully, Judge Strickland will continue to not partake of that particular poison and continue to instill some sanity into this crazy mess.

  37. itsamysterytome permalink*
    September 18, 2009 8:32 am

    Dierdre–

    No, they won’t get away with it. I guess they think they have to keep slinging the crap on the wall as fast as they can in hopes that at least some of it will stick.

    I agree, justice for Caylee is coming. We just have to be patient.

  38. itsamysterytome permalink*
    September 18, 2009 8:34 am

    Jill,

    Yes, Sherry did. That motion will absolutely be denied–as will the rest of them, I hope.

  39. itsamysterytome permalink*
    September 18, 2009 8:35 am

    Spacely!!!!

    Now that is an absolute hoot!

  40. itsamysterytome permalink*
    September 18, 2009 8:38 am

    mikka–Excellent!!! And I’m thinking the hearing for these motions will be one giant thump on the———head for both Bozo Baez and his his counterpart Cryin’ Lyon.

  41. mikka permalink
    September 18, 2009 8:56 am

    itsamysterytome 😆 ,dont cant wait till the next hearing! 🙂
    bozo try to pressure strickland,when you dont dissmiss the case,you must give us the change of venue,hope strickland stand up and tell him,to stop this circus!

  42. khintx permalink
    September 18, 2009 9:19 am

    From one of my favorite movies, My Cousin Vinny:

    Judge Chamberlain Haller says : “Once again, the communication process broken down. It appears to me that you want to skip the arraignment process, go directly to trial, skip that, and get a dismissal. Well, I’m not about to revamp the entire judicial process just because you find yourself in the unique position of defending clients who say they didn’t do it.”

    Sounds like Jose! kh

  43. itsamysterytome permalink*
    September 18, 2009 4:16 pm

    mikka–

    Strickland has been pretty good so far. I think he gets sick and tired of all these nutty motions.

  44. itsamysterytome permalink*
    September 18, 2009 4:16 pm

    khintx!!!

    Love love love it!! I’m gonna make that my quote of the day!!

    Thanks, LOLOLOLO

  45. Steve Todd permalink
    October 3, 2009 10:43 am

    The motions are going to come as often as they can be typed up….it’s the legal system and she does have to afforded every chance for a fair trial. What would the system be if it was decided out of court who should get a more fair trial then the next because the public deems a person to be quilty. Most of these motions go nowhere. The parents visits and conversations should be private. But for the grace of God go I. As a parent I try and percieve how I would act if that was my child. We have to be parents through it all. For some parents like Casey’s they have to endure more. I don’t think they ever thought they would have to go through this, and there is no set rules on when to be there for your kids. The public should give the parents a break. Remember raising kids did not come with a manual. If Casey is found quilty they still might have to go through a death sentence. My heart breaks for the parents. Don’t get me wrong if Casey is found quilty I agree with the death sentence in this case. But keep the punishment where it is due. With Casey and not the parents. One more thing as far as the lawyers go, if you or myself found ourselves in a bad situation we would fire our lawyers if they didn’t do everything the could to protect us. It’s their job and we would expect them to do it for us. Just the way things are and it isn’t going to change with this case.

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