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Prosecution challenges another of the defense’s motions in the Casey Anthony case

September 22, 2009

The prosecution in the Caylee Anthony case has filed another motion– this one challenges the defense’s motion that claims the state prevented them and their own expert witnesses from properly inspecting the area where Caylee’s body was found.  The prosecution wants the defense to prove those statements.

Prosecution’s “Response to motion to dismiss due to spoilation of evidence & motion to compel defense witness list for hearing” LINK

Assistant state attorney, Jeff Ashton submitted a 5 page response to the defense’s motion requesting the court to dismiss Casey Anthony’s case because of their lack of access to the crime scene.  The defense claims that because they weren’t allowed proper access, it would just be impossible to challenge the state’s findings.
The defense was not allowed to inspect the area until Dec. 19, over a week after the remains were discovered.

Ashton said it was “baffling” that the defense filed the request before their experts examined the evidence already collected.

“What are noticeably absent are the affidavits from their panel of celebrity experts, who appeared for a photo opportunity at the crime scene, indicating that they have examined the available evidence and photographs and find they are insufficient to allow them to arrive at reliable conclusions which might challenge those of the state’s experts,” the prosecutor wrote.

The state wants a witness list from the defense so that prosecutors could call for a hearing and  cross-examine them.  They also want to depose them before the hearing.

“It is clear this matter will require a lengthy evidentiary hearing with the burden of proof on the defendant,” Ashton wrote.

read it below:

orlando sentinel

I’m trying to suppress a chuckle  here.   Jeff Ashton is fast becoming my favorite person!

29 Comments leave one →
  1. Id'claire permalink
    September 22, 2009 2:08 pm

    Well, Ashton is on top of this thing!! He’s not going to let the defense pull any fast ones. His response was well written and deliberate. I can hear him chuckling as he wrote it. Strickland should have an easier time combating the defense or keeping things tucked in with these statements from the state.

    Let the bickering begin!!

  2. itsamysterytome permalink*
    September 22, 2009 3:01 pm

    I guess Lyon wasn’t Lyin’ when she said she’d be filing lotsa motions in September…

  3. Id'claire permalink
    September 22, 2009 3:20 pm

    Yeah, I heard that was her first assignment to her students…”Give me a motion I can use for the Anthony case! Due pronto!!”

  4. midget48 permalink
    September 22, 2009 3:53 pm

    doncha just love it?? looks as if dd is getting a dose of its own medicine. sweet revenge for p, but bitter taste for dd.

  5. September 22, 2009 4:14 pm

    Go Ashton!
    Okay, I will try to control myself here… 😆 if I can…

    Ahem. The State is wondering why the premature motion. Ashton has assumed that the defense hasn’t looked at all the evidence and if they have, then why no affidavits seeking the missing info prior to such an accusatory motion .
    It seems Lyon has forgotten how to play the games of a defense lawyer sans the DP part of it.

  6. Laura permalink
    September 22, 2009 4:48 pm

    Why would any defense lawyer be allowed in at crime scene? Does Ms. Casey think she is truly that special? Why would they be filing motions in December to get to this crime scene anyway wasn’t the A’s in Cali., looking for the “live Caylee” and wasn’t Jose saying Caylee is alive and when they find the body all of a sudden they need access? Again if what the state has given them as far as evidence goes I say go to the jail visit Casey and have her draw you a map. jmo

  7. mikka permalink
    September 22, 2009 5:20 pm

    its not over hahahhahahahha

    http://www.myfoxorlando.com/dpp/news/anthony_case/092209_anthony_civil_case

  8. BEES KNEES permalink
    September 22, 2009 5:33 pm

    You’re right, Laura. Clearly Casey’s Defense “Dream Team” has NOTHING.

    I am so glad to see the Prosecution getting a little tougher. That’s likely the only thing these greasy thugs and bullies (yes, I mean Baez and Lyons!!!) seem to understand. Ashton said it was “baffling” that the defense filed the request before their experts examined the evidence already collected. Can I add a very hearty HA HA HA HA freakin’ HA!!!

    And also, let’s never forget that The Cryin’ Lion let an innocent man sit in prison for a couple decades!!!!! Yeah. She’s so sympathetic to the victim’s rights. Suuuuuuure, you are, Andrea. sure you are.

    What.

    Ever.

  9. itsamysterytome permalink*
    September 22, 2009 6:34 pm

    Id’claire–Well, that would explain the childish motions!

  10. itsamysterytome permalink*
    September 22, 2009 6:35 pm

    midget! I do love it! LOL.

  11. itsamysterytome permalink*
    September 22, 2009 6:36 pm

    Sherry–Thanks for the clarification. Can’t wait to hear Baez’ response….

  12. itsamysterytome permalink*
    September 22, 2009 6:38 pm

    Laura
    –LOL—Casey DID draw them a map–their directionally challenged PI couldn’t follow it.

  13. itsamysterytome permalink*
    September 22, 2009 6:51 pm

    Mikka, Thanks again, for the link. I posted it.

  14. itsamysterytome permalink*
    September 22, 2009 6:56 pm

    Bees–That would make her The Cryin’ LYIN’ Lion.

    On a serious note, I’m so glad that the prosecution is showing the defense that they are not to be underestimated. I’m sure Baez figured this would be a piece of cake with all the “esteemed”celebrity attorneys and experts he’d enlisted. What he failed to understand was that their egos were bigger than their brains.

  15. September 23, 2009 12:52 am

    Baez was hoping no one would find our sweet lil Caylee, but he was soooooo wrong. LOL! Too lazy to think ahead, just like the rest of this brood? Night. Happy for the news.

  16. Jill from Western Australia permalink
    September 23, 2009 2:32 am

    Hiya my l♥velies…Laura you hit the nail on the head…Caylee was alive…both Bozo and the Ant’s said so! {Glad to see you are back in fine form, remember we are all here for you anytime you need our {{{HUGS}}} ♥ 😆 ♥ }

    After all the “slurs” by Bozo I must applaud Jeff Ashton for his “hint” of sarcasm. :mrgreen:

    Just a friendly reminder Jeff…please try not to laugh in front of the cameras…this doesn’t look very professional. I realise this is almost impossible but perhaps you could become adept at hiding your mirth behind a really purrrrty hankie. 🙄

    OK we have our 2010 calendars marked…now hurry up my dahlin’ ♥Stan and set the date for the chq fraud trial…there’s a good boy! 😆

    Hugs ♥♥♥

  17. September 23, 2009 7:44 am

    I just don’t understand why Casey pleaded NOT GUILTY of the check fraud case instead of NO CONTEST, to put it behind her and avoid the embarrassment of it going to trial. I mean….It is totally obvious she is guilty as hell of this. Baez even paid them off for her, all the while saying she is not guilty. Huh? This just leads me to think that even if they had Casey on video murdering Caylee……she would still lie and say NOT GUILTY.

  18. itsamysterytome permalink*
    September 23, 2009 10:25 am

    Dierdra

    It sure looked like that, didn’t it!

  19. itsamysterytome permalink*
    September 23, 2009 10:27 am

    Jill
    Yep, he needs to try and contain his glee! Just like you and me!! LOL

  20. itsamysterytome permalink*
    September 23, 2009 10:28 am

    That’s a mystery to me, too, diana!

  21. Spacely permalink
    September 23, 2009 11:27 am

    Your Honorable Judgementator,

    I’m in an impossible position here. My client is innocent, but every single piece of evidence points to her guilt. I need you to order law enforcement to find some stuff that proves she didn’t do it. Until then, I am going to keep interpreting the guilty evidence as proof of innocence. You don’t put a lovely heart sticker on someone’s duct taped mouth because you hate them, no sir, if that’s not proof of love, I don’t know what is.

    The bottom line is I am really upset that we weren’t called in to investigate the scene at the time the body was found. I had my cell phone on, but I never got an invite. I bought a brand new metal detector, new boots, fancy designer jeans, and was going to roll my sleeves up to show how much work I was doing. I even offered to bring my own bucket.

    Heck, I would have even brought Dominic. He was already familiar with the area and knew exactly where the planted evidence was that I needed to defend my client.

    In contusion, you have to throw this case out or I am gonna lose and my agreement says if that happens, I actually have to pay Lyons. I’ll be ruined!!!

  22. PAMELA permalink
    September 23, 2009 11:45 am

    I am not a lawyer, I am just a human being with COMMON SENSE, we all know there is a difference, so I am having trouble understanding why the defense team thought they were allowed at the crime scene to begin with? Does this happen? I have never heard of it, wouldn’t that compromise the crime scene if someone’s defense team was allowed to be there, if that happened it leaves it wide open for evidence to be planted or stolen. I am not being sarcastic here I really do want to know if it is the norm for the defense to examine the crime scene before the prosecution releases it?

  23. ostella permalink
    September 23, 2009 11:52 am

    Your OnHer, I even bought a clipboard to hold while walking around the scene! And this kicka$$ Betty Page pen to make a list of all the cool $hit Dom had planted there. When you turn the pen upside down, her clothes come off, check it out! Boobies! But in all seriousity, clipboards make stuff official. I’ve been practicing my “deep in thought” face for my tour of the crime scene, and for WHAT?!

  24. itsamysterytome permalink*
    September 23, 2009 11:59 am

    Spacely

    You nailed Baez. Are you SURE you aren’t a friend of his? lol

  25. Spacely permalink
    September 23, 2009 12:01 pm

    Pam,

    In most cases (I am of course gleaning most of my info from extensive viewing of the First 48… so maybe a real LE official would like to jump in and correct me if I am wrong), at the point in time when the police investigate a murder scene, they have not usually identified a suspect – so there would be no attorney to grant access to the scene. In many cases, it takes a lengthy amount of time just to identify the victim (as with the Caylee case, that could have been someone else’s remains).

    So, the notion that defense has a right to examine the crime scene during law enforcement’s investigation is ludicrous.

  26. itsamysterytome permalink*
    September 23, 2009 12:08 pm

    Pamela,
    Defense attorneys, family members, suspects, etc. are not allowed at a crime scene until after all evidence has been secured and identified. Remember, Caylee’s remains were not positively identified until the 19th of December.

  27. itsamysterytome permalink*
    September 23, 2009 12:09 pm

    ostella-

    lol

  28. itsamysterytome permalink*
    September 23, 2009 12:09 pm

    Spacely,

    I think we’re on the same page with this one, too!

  29. Jill from Western Australia permalink
    September 24, 2009 2:17 am

    Ostella :mrgreen:
    Spacely :mrgreen:

    {Ladies first}

    Okie dokie…my calendar states that Macaloser was in court yesterday re the California Bar charges…has anyone heard anything???

    Hugs to all ♥♥♥

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