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New docs say evidence destroyed in the Caylee Anthony Case

September 24, 2009

This, literally, makes me sick.

Remember the faint, hear-shaped sticker outline on the duct tape? A fingerprint examiner at the FBI lab reported that she saw the shape or outline of a heart on the duct tape that was attached to Caylee Anthony’s skull.  Well, apparently it was destroyed during the testing at the FBI Lab, and NO ONE TOOK PHOTOGRAPHS!

The FBI lab report states that all traces of the heart shape on the duct tape were destroyed during a fingerprint-testing process and they failed to take photographs before the tests were done.  That doesn’t mean that some other agency didn’t take photos before the tape was sent to the lab–but so far there has been no mention of any photos  released with discovery.

This admission that potential evidence was destroyed is in a document that was turned over to the defense but was not yet released by the State Attorney’s Office.  Page 9316 of the discovery was obtained by Local 6 News before the official release.  It’s a handwritten FBI Lab Log page dated December 13, 2008. In it, FBI Lab Request Coordinator, Erin Martin, makes notes of conversations between FBI agents in the field and the lab in Quantico, Va.  It describes how Elizabeth K. Fontaine, a forensic examiner in the lab’s latent print operations unit, noticed a

“heart shape/outline on the duct tape,”  but was “unable to see it after powder process.” Martin then adds, “No photo image.”

Two days later, on December 15, 2008, a call is logged in by Martin from an FBI evidence response team agent working in Orlando.

“Agent wanted to know if TEU (the lab’s trace evidence unit) saw anything on tape.”

TEU response: “No, didn’t see any heart-shaped item.”

She then checks again with the latent print unit and writes

“Shape/outline was … near end on non-adh(esive) side.”

And that’s the last mention of the heart shape in the five-page FBI communication log, which ends on Dec. 22, 2008.

Even without the photo, prosecutors could still seek to introduce testimony at trial about the shape or outline of a heart on the duct tape. They could put Elizabeth Fontaine on the stand.  My question is, without the photos, will her testimony be enough?  Did anyone else see the heart shaped outline on the duct tape?

Here’s the link to the FBI document:

FBI Document LINK

You can read the full article below:

38 Comments leave one →
  1. Jill from Western Australia permalink
    September 25, 2009 2:00 am

    This is the sound my monitor makes when I throw my shoe at it! 😥

    Ratz…the thought of Bozo snickering about this makes me want to barf.

    Need Ostella and Spacely to graphically explain.

    Boo Hoo

    Hugs ♥♥♥

  2. mikka permalink
    September 25, 2009 7:11 am

    we all know who leak this to toni pipitone,bozo of course.this shows the shape of the heartsticker was really on it!

  3. itsamysterytome permalink*
    September 25, 2009 7:20 am

    Good point, mikka!!

  4. itsamysterytome permalink*
    September 25, 2009 7:20 am

    I felt the same way, Jill.

  5. Spacely permalink
    September 25, 2009 7:43 am

    Yes, it is bad that this evidence was destroyed, but I don’t think this was going to be the conclusive piece to a guilty verdict. It is a blow, but what did it really prove?

    Far more important is what is not addressed by the media. How exactly did this happen: “Page 9316 of the discovery was obtained by Local 6 News before the official release.”????

    Only the prosecution and the defense had access to this document. Does anyone truly believe that a member of the prosecution leaked this info to the media to make themselves look bad?

    To me, this is proof positive that Jose is and has been leaking information to the media about this case from the beginning.

    Jose is attempting to control the media spin by making the FBI appear to be fools incapable of handling evidence properly. The pages do not say that a picture was not taken, they say there is no photo. Perhaps pictures were taken, but the adhesive residue was not visible in the photos. This log is also not an evidence report. If this log is showing that Fontaine saw a heart shape, that information is coming from some type of official evidence report that Fontaine filed, which probably has sketches and descriptions.

    The other thing to consider is that if a choice had to be made about evidence, it was probably far more important to test for fingerprints than to preserve the residue.

    The important thing to walk away with from this story is that Local 6 basically admitted they obtained these documents from the defense by stating they have not been released by the state.

  6. Sophie permalink
    September 25, 2009 7:53 am

    Wait a minute…I could swear that I have seen a photograph of this sticker. Not the one that ‘matched’ from Casey’s things, but the actual sticker found at the ‘grave’ site. If they were prudent enough to take a photo of the sticker, then they probably weren’t dumb enough to forget to take one of the outline it left on the duct tape.

    I do believe that after the fingerprint process, the outline was destroyed.

    I bet this is all smoke and mirrors from the defense.

  7. itsamysterytome permalink*
    September 25, 2009 8:01 am

    Sophie–I’ve been wondering that, too. That sticker residue on the dct tape was too important to have not photographed it—unless, it went undetected until the lab person started looking at it closely. If it were really faint, the detectives wouldn’t have seen it, would they? I’m sure photos of the duct tape were taken on scene and when they were checked in as evidence. Even if they didn’t see it, I would think they could blow up the photos enough to see it. At least that’s what I hope.

  8. itsamysterytome permalink*
    September 25, 2009 8:04 am

    I agree with you Spacely. The defense shot themselves in the foot with this one. Not only does the report say the sticker outline on the duct tape existed, it goes a long way in saying that Jose Baez released the information–bumbling bozo that he is—all he saw was that the evidence was destroyed–He couldn’t see past his nose to realize the document also proved it was there in the first place.

  9. niecey456 permalink
    September 25, 2009 8:54 am

    That’s why we call him Bozo. He’s shot himself in the foot so many times, I wonder if he has any left. I don’t think this is going to hurt a thing.

  10. ostella permalink
    September 25, 2009 9:46 am

    Not worried one bit. Spin spin and more spin from Bozo.

    Hey Bozo, how does your foot taste? Is it a nice “after-dinner” flavor?

  11. mikka permalink
    September 25, 2009 10:16 am

    from wesh

  12. mikka permalink
    September 25, 2009 10:24 am

    the defense krack me up,of course NOW its no more on the duct tape,but it was!

  13. itsamysterytome permalink*
    September 25, 2009 11:49 am

    Mikka–Just as we suspected- the defense’s spokeswoman says, “No evidence that there was a heart shaped residue on the duct tape!”

  14. BEES KNEES permalink
    September 25, 2009 12:41 pm

    I really hope the agent’s sworn testimony will be entered in court. I think this is a blow not so much for the physical evidence connecting one more thing to the Anthony home but because the symbol of the heart and the position on the tape (mouth) was a huge psychological insight into the murderer, Casey, and what her state of mind was. What a shame to have lost it. I know I’m being all sour about it but *!$%@!!! I hope you all are absolutely right and it won’t amount to a hill of beans as my grandpa said!

  15. BEES KNEES permalink
    September 25, 2009 12:46 pm

    Actually, it is classic Bozo, isn’t it? Claiming that the evidence that never existed somehow was destroyed. HA HA HA HA HA!!!!

  16. itsamysterytome permalink*
    September 25, 2009 1:14 pm

    Bees Knees

    Yes, the heart residue is important, but even without it the duct tape was still over the mouth area of Caylee’s skull. No getting around that, whether the heart info is allowed in as evidence or not.

  17. Spacely permalink
    September 25, 2009 1:26 pm

    Next we are going to get a press release from Jose about how the smells from the trunk no longer exist, so the investigators destroyed them too. If the prosecution can’t produce the bad smell in question when it comes time in court, how can it be entered as evidence?

    Then there will the press release about how Caylee’s bones were cremated, so the state managed to let that evidence get destroyed too. Without the body during the trial, how will the state prove Caylee is dead?

    Then a media release about how the beer KC bought with Amy’s stolen checks no longer exists, so that’s the end of the fraud trial cause you can’t prove she bought anything.

    Apparently, the defense is just now discovering that some evidence is transitory in nature or has a limited shelf life, but can still be used in court. You think Lyons or Jose would have run into this kind of thing before…

  18. niecey456 permalink
    September 25, 2009 1:48 pm

    I agree with you Spacely! That is very well stated. This is just a ridiculous game. They know better than this, but they hope no one else does.

  19. Karen permalink
    September 25, 2009 1:50 pm

    Maybe, just maybe, it is the other way around! Maybe the prosecution in it’s zeal to convict in the press released “evidence” that did not exist? I have really questioned why this case was tried in the press with so many “leaked” bits of “evidence” that now can not be produced at trial. Sorry but there is really something wrong in this case!!

  20. Spacely permalink
    September 25, 2009 2:29 pm

    The prosecution has never released any evidence in this case, ever.

    The prosecution has filed evidence with the county clerk, where it is available upon request to the public. The media typically requests and disseminates the information.

    Any evidence that was released prior to being filed with the clerk has only been released after it was given to the defense. Therefore, only the defense and the prosecution had access to this info at that time. If the prosecution felt a need to leak, why wait until the defense already had the info?

    All of the info that Jose claims has been ‘leaked’ was all in his hands prior to the leak and all came from various law enforcement agencies. Either Jose is correct and there are many, many leakers on the state side from various agencies, some of which have zero interest in the outcome of this case, or the leaks all come from the single entity who had all of the information at the time of the leaks – the defense.

    In other words, the only choice to be made about where you think the leaks originate is an X-files type conspiracy formed for the sole benefit of ruining KC and Jose (and absolutely no personal gain for any of the conspirators) or from the team of people who stand to benefit from this case being dismissed.

  21. ostella permalink
    September 25, 2009 3:11 pm

    Well said, wondertwin Spacely.

    Furthermore, why on earth would the state “leak” evidence that appears to weaken their case, and only bolsters the defense’s ludicrous theories? How does that benefit them in the least, if their goal is to “convict in the media?”

  22. Spacely permalink
    September 25, 2009 3:30 pm

    WonderTwin Powers Activate: Form of an Ice Gavel, Form of a Purple Legal Eagle

    To be completely fair, I think she was trying to say that the state leaked the first reports about the heart shaped sticker months ago in order to win the case in the press at that time and the new leak is in retaliation.

    But that would still mean the defense leaked today’s leak… someone call the plumber…

  23. Spacely permalink
    September 25, 2009 3:33 pm

    Also, I believe the only evidence that has been leaked that can now not be used at trial is the jail vid of KC having her breakdown while watching TV coverage of the discovery of the body.

    However, the prosecution stated during the hearing on that issue that they were unaware of the tapes and had no plans to use them as part of the trial.

    So, I don’t believe at this time there is anything that has been ruled out as evidence other than what was never evidence to begin with.

  24. mikka permalink
    September 25, 2009 3:54 pm

    from wesh

    Attorney Jose Baez’s spokeswoman was reacting to reports that the FBI destroyed evidence of the sticker residue on the tape when they were testing it for fingerprints.

    “When the FBI admits it destroyed evidence any reasonable legal mind must ask the question, was it ever there to begin with?” Marti MacKenzie said. “Our defense team has been saying for six months, absolutely not.”

    Orlando defense attorney Richard Hornsby said he believes prosecutors can still use similarity between the tape found on the child’s skull with tape on a gas can from the Anthony home and detectives who saw residue of the sticker on the duct tape could testify it appeared to match stickers found in Casey Anthony’s belongings.

    “I’m not convinced Baez would be able to get this evidence excluded if it was destroyed in the process of trying to get a fingerprint,” he said. “That is excusable conduct on the part of the state.”

  25. mikka permalink
    September 25, 2009 4:14 pm


    Conway: No Paid Interviews For While I Represented Cindy Anthony

    Also on Friday, Cindy Anthony’s attorney Brad Conway said no interview has ever been paid for during his representation of the Anthonys

  26. mikka permalink
    September 25, 2009 4:29 pm

    spacley,thats what i want to see,the video from her *breakdown*

  27. ostella permalink
    September 25, 2009 4:31 pm

    If the state were gonna lie to incriminate the defendant, I would think they would pull out the big guns and come up with something HUGE and irrefutable. Not sticker residue on the tape; its not important enough on its own to ‘convict her in the media’, especially with all the other evidence against her. Besides, we don’t even know if pics were taken by some other agency prior to the FBI testing for prints. The document just says the FBI didn’t take pics, and the residue is no longer there due to testing…. Spin spin spin….

  28. BEES KNEES permalink
    September 25, 2009 4:39 pm

    That’s right Ostella. There could easily be more to this than we know right now. Whose word are we going on? Baez’s????!!? BWHAHAHA!!!

  29. mikka permalink
    September 25, 2009 5:32 pm

    ostella so true,and i am sure dr.g who got caylees bones first,she make photos from the duct tape and all!

  30. itsamysterytome permalink*
    September 25, 2009 9:05 pm

    I can’t imagine that photos weren’t taken on the scene and also before they were sent to the FBI labs. Photos must exist of the duct tape before it was tested for fingerprints.

  31. Jill from Western Australia permalink
    September 26, 2009 12:24 am

    {{{Hugs}}} Spacely…thanks for explaining this to us all. 😆

    Does anyone else suspect that this was a “ploy” to get the focus off $indy making megabucks?

    Thanks Mikka you are 100% correct…things that make us go
    Mmm, mmm, mmm!

    {Sticking my monitor back together with rare duct tape.}

    Feeling better now…Hugs to everyone ♥♥♥

  32. mikka permalink
    September 26, 2009 10:24 am

    WKMG-Channel 6’s Mike DeForest turned reviewer last night and gave a thumbs-up to a new, 352-page book about the Casey Anthony case. The book: “Mommy’s Little Girl” by Diane Fanning. It will be out in early November.

    “At least for a little while, for people following the Casey Anthony saga, this is basically going to be like a bible for them,” DeForest told anchor Lauren Rowe. “It condenses those thousands and thousands of court documents into an easy-to-read story.”

    Fanning supplies new details about Cindy Anthony, Casey’s mother, DeForest said. The author looks at Cindy’s upbringing and her sometimes contentious marriage to George Anthony. (George and Casey Anthony are pictured.)

    Although Fanning mostly draws on court documents, she speculates about how Casey might have killed her daughter, Caylee, DeForest said. Casey Anthony is charged with the child’s murder.

    DeForest interviewed Fanning, who said the Anthony story is so odd that readers wouldn’t believe it in a mystery novel. Fanning, who has written other true-crime books, said she hoped the Anthony book will “help people understand the red flags so that it will help someone save another child’s life.”

    DeForest kept returning to the critic’s role: “The author weaves a compelling narrative about Casey Anthony’s often peculiar life.”

    Rowe asked: “Is it a good read?”

    DeForest: “It’s very interesting. It goes by real quick. It’s like reading a story from beginning to end.”

  33. mikka permalink
    September 26, 2009 10:27 am

    cindy will boil over!

    Fanning, who has written other true-crime books, said she hoped the Anthony book will “help people understand the red flags so that it will help someone save another child’s life

  34. mikka permalink
    September 28, 2009 10:33 am

    tomorrow docs release



    More Anthony Case Documents Being Released

    A spokeswoman for state attorney Lawson Lamar said the office anticipates releasing between 1,000 and 2,000 pages of material Tuesday morning.

    The material could include forensic reports from the FBI. As WESH 2 News reported last week, the FBI admits it destroyed residue of a heart shaped sticker on the duct tape found across Caylee Anthony’s skull.

    That happened while technicians were testing for fingerprints on the tape

  35. itsamysterytome permalink*
    September 28, 2009 10:56 am

    Hey Jill

    Wouldn’t surprise me if it was!

  36. itsamysterytome permalink*
    September 28, 2009 11:00 am


    Thanks for the book update and review.

    I’ve already decided I will read the book. Diane Fanning has commented about her book on this blog and also privately, and I believe she is a professional and looked at this case through unbiased eyes. I also think she’s a good writer. I’d rather someone like her, with no vested interest in the Anthony family, make money on a book than Caylee’s relatives or family friends.

  37. itsamysterytome permalink*
    September 28, 2009 11:01 am


    Thanks for the heads up on the doc release. Looks like we’ll all be busy tomorrow.

  38. September 28, 2009 7:36 pm

    No More Air Time For the Anthony Family:

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