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Defense motion wants party pics, 911 calls barred from the jury in Casey Anthony case

March 8, 2010

heresay statements list LINK

motion to exclude irrelevant evidence of party pictures LINK

memorandum supporting party pictures motion LINK

party pictures LINK

motion to exclude lay opinion testimony LINK

motion to exclude heresay evidence, gossip, and innuendo LINK

amended proposed order setting discovery motion, hearing deadlines, and trial date LINK

The defense has filed a new motion asking that a jury not be allowed to see party photos of Casey while Caylee was missing.  They want Judge Strickland to bar photos of her drinking and partying during that time because it would be too prejudicial,  and the defense feels the photos are irrelevant. 

 The defense also wants Cindy Anthony’s 911 calls and certain witness statements made by George and Cindy Anthony, Casey’s friends, and detectives to be barred from the jury.  They say comments like Cindy saying it smelled like there was a dead body in the damn car, and calling her a liar and thief is speculative and cannot be used in court.

So, if Judge Strickland goes along with the requests in this motion how will that affect the trial? 

I think the photos are key to showing Casey’s state of mind during that period.  Of course, the videos of Casey and Tony renting movies the day investigators think Caylee died, and the Target video of her “shopping” on her friend’s dime would, I assume, still be permissable.  As for Cindy’s statement about the car, I don’t think that will matter considering all the forensic evidence they have proving there was a dead body in the damn car. 

Will it make a difference?  Possibly, but not likely.  Those photos and statements would unquestionably make the prosecutors jobs a lot easier, but in the end, I think there’s more than enough evidence. I don’t think Judge Strickland will go along with all the requests in this motion, but even if he grants part of them I doubt it would change what I think the verdict will be— Guilty! Guilty! Guilty! 

read it below:

clickorlando.com

cfnews13

25 Comments leave one →
  1. Ideas permalink
    March 8, 2010 8:59 pm

    Yes, that is the plan. Eventually, all evidence will be asked to be inadmissible due to prejudice and irrelevance (now how can the pics be BOTH?) The “damn car” speculative? Yes, but statements of liar and thief are based on provable facts.

    Hey, the defense should just show that Cindy and friends are incompetent all around! Then all their statements can be asked to be dismissed. Next, shroud Casey in white linen and thorny crown.

    If they’re really good, maybe the defense can motion that all Caylee’s pics be made prejudicial and irrelevant…and suggest that maybe Caylee, herself, didn’t even exist. She was speculative, hearsay, and anything that would show otherwise would be questionable junk science. We already know she doesn’t have a father…maybe she didn’t have a mother either…and never was born….or murdered

    I’m laughing, but the truth is, that is exactly what they would like to have happen. Hopefully, Judge Strickland will chuckle a little too–when he denies their motions.

  2. March 8, 2010 9:23 pm

    Mystery, the d-team not only wants and needs money, they want everything and anything barred from the trial! Maybe Casey should go home for the trial too!

    Just gotta shake your head and wonder………

  3. arttart permalink
    March 9, 2010 6:50 am

    jmo, the pictures of SKANK Mom before the 31 days, while entertaining showing KC seeking la bella a vita, will probably NOT be admitted into the case are they are prior behavior. The pictures that are important to SKANK’s case, are the 31 days missing, (Caylee murdered & dumped) while at the Fusion Bar with her push up bra on bumping & grinding with anyone that got close enough to her, her tattoo, the lies she told her friends, etc. This is very important as we know “she really wasn’t conducting her own investigation as she told LE.” The Defense is “Dreaming” to believe that this is a possibility.

    In the PDF, the Defense did say they wanted the STATE to “show relevance as to why it is evidence to be used against KC,” but, imo, that want even break a sweat for Jeffery Ashton who, imo, is ready & prepared to “rip the defense a new one” on how they will use this to convict their murdering client. Legal Analyst have said since the case began, that the 911 call would be used to “convict KC. After all, the call set in motion a chain of events & lies of the entire ANT family & more importantly KC, that ultimately revealed the remains of Caylee Marie Anthony. JUSTICE for CAYLEE!

    I agree arttart–what Casey did before Caylee went missing (even though it makes her look like the pathetic excuse for a mother she was) really is irrelevant. What she did while her child was missing is absolutely relevant–and it’s relevant because it shows how unconcerned she was that her daughter had disappeared off the face of the earth. She was very obviously not looking for her child, and she was enjoying her freedom immensely. Why wasn’t she concerned? Because she knew exactly where Caylee was.

    I also agree that Cindy’s 911 call is the cornerstone and the catalyst. I don’t believe, and I think it will be easy to prove that Casey had any intentions of EVER reporting her daughter missing. But, in order to do that, you need the photos and 911 calls, etc.

  4. mikka permalink
    March 9, 2010 7:05 am

    arttart,i agree with you!the 4 weeks its important,the photos before may be not,for the jury will be enough,to see what she did in this 4 weeks!

    yep, and she did plenty!

  5. Christy Hernandez permalink
    March 9, 2010 7:48 am

    Well written!

    Tanky, Christy!

  6. lona1 permalink
    March 9, 2010 8:12 am

    In case you find yourself twirling your thumbs while waiting for the next doc dump, read on.

    http://community.myfoxchicago.com/whatawaste/blog/2010/02/18/andrea_lyon_says_female_state_attys_have_a_strap-on_dildos

    Lordy, makes me wanna send my kid to DePaul! NOT!!!!

  7. Spacely permalink
    March 9, 2010 9:08 am

    I think it depends on how the prosecution supports their theory of the crime in counter-motions that will determine the time frame of pics that can be submitted.

    It appears from the evidence collected and released to date that at least a portion of the prosecution’s theory depends on pre-meditation and the planning of the crime through internet and other research, such as chloroform, all the tv shows and webpages about missing children, etc. Some of these searches date back to March 2008 – which means that if KC was researching and planning the crime back in March, all her actions from that point forward and even those slightly before are open to investigation. The pics go towards proving her state of mind.

    It will go something like this – her pattern of living changed in late 2007 to include more partying and making a new circle of friends which liberated her from her old life and began the desire to cut all ties to enjoy her new vision of self-freedom – constant fights at the home front combined with extensive lies about employment to her parents create great stress and anxiety, for which she devises a plan to dispose of the number one cause of all arguments and the who she know views as her arch-nemisis in the struggle for Cindy’s love and approval – pics and computer searches illustrate a marked increase in partying in combination with an extensive search history for the death and abduction of children – comparisons of pics in May (no-clothes party) with pics throughout June show no changes in behavior except possibly the increase of partying.

    In other words, yes the pics during the 31 days are critical to illustrating that KC did not care Caylee was “missing”, but the changes in behavior (or in this case non-changes) from the time before the incident are perhaps even more crucial because the before pics set the norm (they would be the control in a scientific experiment) and the after pics are reaction – of which there was none contrary to her interviews.

    Great argument for why those photos, and more should be admitted into evidence.

  8. Ideas permalink
    March 9, 2010 9:18 am

    Excellent points, Spacely!! I hope the State and Strickland realize these facts.
    me, too!

  9. Spacely permalink
    March 9, 2010 9:19 am

    On the indigent claim:

    “The costs of defending this case have increased beyond anticipation as the case has become increasingly complex. Further, Miss Anthony has received no income during the time that she has been incarcerated.” – from defense motion

    http://articles.orlandosentinel.com/2010-03-08/news/os-casey-anthony-defense-costs-20100308_1_legal-fees-miss-anthony-trial-date

    Does anyone else find it extremely odd that the defense states KC has paid more than $100k in legal fees, yet she has had no income during her incarceration and she had no funds before her incarceration?

    I could swear that Jose has admitted to receiving licensing fees and such in KC’s name – at least that was the implication at the hearing about funding. If such fees were accepted in KC’s name, would that not be income during incarceration? Or is this some legal trickery because perhaps she signed all the agreements while she was out between her first and second stint in the pokey? If not, where did that money go, whose name is it in?

    The defense spokeperson being paid by an anonymous family quits and suddenly KC is all out of money…

    I want to go with the theory that Lyons brought this strategy to the table and that’s why CnG stopped house payments, but Jose never paid DC long before that and I am betting this is exactly why. They both knew that if DC was willing to wait, they could get late payment fees and such paid out to DC from the state, which means this was a long-term plan of Jose’s.

  10. Sanny permalink
    March 9, 2010 10:29 am

    Casey was ‘searching’ for Caylee at Fusion, pole dancing and not even looking under the tables…..not even a peek.

    It was one big ‘party down’ for Casey….booblets, boots and blue dress.

    31 days will be her downfall along with stealing, lieing to LE and let’s bring in Cindy’s
    own words…….’smells like a dead body was in the damn trunk.’

    Baez and company must be in a tizzy now….he must be having more ulcer problems right about now.

  11. Molly permalink
    March 9, 2010 12:30 pm

    They will never get that pesky 911 call silenced! The main point for the prosecution shows Cindy making the call & NOT Casey. Huge! and to this date casey has never said when she was planning on calling LE. I guess this is part of their “it will all be explained” plan of action next year in court. (yeah right) Then there is that infamous “it smelled like there was a dead body in the damn car”. Honestly, who did cindy think the “dead body” might have been? Huge mistake cindy, Huge. 🙂

  12. itsamysterytome permalink*
    March 9, 2010 1:01 pm

    Hi! Responded to comments above Spacely’s last one within the comment boxes!

  13. itsamysterytome permalink*
    March 9, 2010 1:01 pm

    Spacely–

    Are they really that devious and have they truly been planning this from nearly the beginning? If they are and they did, that would mean Jose is smarter than we’ve given him credit for because Lyon certainly wasn’t there during the early days……Who in that bunch was clever enough to have the foresight to do this? I’m not arguing that it could be true, just WHO?

  14. itsamysterytome permalink*
    March 9, 2010 1:02 pm

    Sanny

    Yes, it will be her downfall—-as long as the jury is privy to that information.

  15. itsamysterytome permalink*
    March 9, 2010 1:03 pm

    Molly,

    Well, if they get all that info thrown out–they won’t have to s’lain anything! That seems to be the plan right now.

  16. Spacely permalink
    March 9, 2010 1:32 pm

    Who could be that smart? I know, it seems hard to fathom, but I don’t think this part took brains as much as previous practice…

    … Jose had lots and lots of practice not paying his bills – invoices – credit charges – employees – child support – you name it – if it needed to be paid, he was an expert in not paying it.

    It would have taken very little research (like probably none since he used to work for the state and had participated in murder trials before) to know how the whole indigent process works. I would assume that last guy he got convicted would have been an indigent case.

    Another few seconds of grade school arithmetic would have been enough to deduce that KC’s funds of zero would run out long before the trial got underway even with the speediest of trials.

    So, Jose knew that it was far better for his firm financially to blow off all invoices for investigation, depositions, expenses, experts, etc. as they would be fully paid later by the state. His job was to closely guard the incoming money to be sure that NONE of it was spent on items that would later be paid by the state, but which might not be reimbursable to the firm. (However, this is also the biggest blow to my theory as he did pay Lyons $20+k for expenses – although perhaps those are not covered by the state.)

    Now, I am sure that Lyons has some similar funding trickery in her arsenal and fine-tuned and finessed the plan – possibly the Ants not paying their mortgage as the timing is suspicious, although it seems as equally probable it was all bad advice from Brad seeing as his similar situation started about the same time and he is not involved in the payment of KC’s defense fund.

    But like Schaffer and Hornsby say, this is pretty common – which can be translated as “all defense attorneys know to do this”.

  17. T-L-I-O-T-G permalink
    March 9, 2010 2:20 pm

    Why the ignorant little slut that she is!Wait till they get the WHACKJOB [SiNdy]on the stand!! say heehaw folks,game over.Side by side cells,on the horizon.
    Next they will be looking for BAIL…Ouch at that thought…Once you smell DEATH you never 4get that smell ever! Rite-SiNdY!!
    As for Gboy ain’t got the balls he was born with.
    I want too see Crazsey-crispy!!

  18. itsamysterytome permalink*
    March 9, 2010 3:05 pm

    Spacely

    All defense attorneys know how to do this? What law school class was that–The rules of trickery and treachery?

  19. itsamysterytome permalink*
    March 9, 2010 3:05 pm

    Hey TLIOTG! Been missin’ ya!

  20. Spacely permalink
    March 9, 2010 3:45 pm

    It’s the class Andrea and Jose teach at their respective colleges – Creative Accounting for the Legal Industry – it does have a prerequisite – Tailoring and Alterations for the Legal Industry – where you learn to judge the size of the pocket you will be suing purely by the stitch of the suit jacket.

    Seriously, when you take a class about law or mitigating business risks (which are mostly legal), the first thing they teach is that neither legal principals nor the long proud legal history of our country nor the crusade for justice is the primary reason for bringing a legal suit against someone. The real reason is purely financial. Then they teach you the pocket rule. You must attach your suit to a pocket. If there is no pocket, there is no reason to bring suit. You can’t bring forth water from a stone in a legal arena. (Pockets are where you keep your money).

    For instance, let’s pretend your neighbor is… let’s call him Ron. You know the kind of guy Ron is… a deadbeat, no-good, can’t-keep-a-job, always-wanting-to-borrow-a-beer, Only-God-can-judge-me kind of guy who has a really big barking dog whose rope leash seems about to give way everytime you walk to your car. And one day it does. And the dog bites you. Do you sue Ron for medical bills, pain, and suffering? No, because you know Ron has no money. Then it hits you… Ron rents his house and the landlord must have property insurance, which has the deep pockets to which you need to attach – so you sue Ron’s landlord.

    I believe the first thing any attorney considers when taking on a legal client is the ability to either collect directly from the client or indirectly from the suit. In KC’s case and most death penalty cases, the client cannot pay. There is no lawsuit, so there is no ability to collect at the end. But the state will pay a lot for expenses. Which means you fund the case through the state, then collect indirectly from media deals on the back end. Jose knows all this because you can’t be an attorney without knowing how to fund yourself.

    Or maybe I am biased against attorneys…

  21. March 9, 2010 5:07 pm

    Hi!
    Been offline for a bit but have visited here from the library. I donna think much will get tossed. Her 1st two statements (4AM @home to Yuri + Universal), her 1st call home & the 31 days is all that is needed to convince pretty much ANY jury. Fear not, true believers, she is still burnt toast.
    Much love,
    T

  22. itsamysterytome permalink*
    March 9, 2010 6:08 pm

    And maybe you have good reason to be biased against attorneys, Spacely, if all that is true! And I’m thinkin’ it is. Don’t think the definition of a defense attorney today is the definition of the defense attorney our forefathers envisioned when they said “innocent until proven guilty” and “everyone has the right to representation”…. (or however that statement goes.)

  23. itsamysterytome permalink*
    March 9, 2010 6:09 pm

    susan–

    Nope. Not a surprise! Of course, Strickland has to declare it so for it to happen, and I don’t think he has yet.

  24. itsamysterytome permalink*
    March 9, 2010 6:10 pm

    Hi Thom!

    Nice to see ya! Yep, I agree. Burnt toast.

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