2010.03.08 Motion to Exclude Hearsay, Gossip, Innuendo - Legal insight requested

[Chiquita71]

Hello WS


What I think is "hearsay, gossip and innuendo" in this case would be the stuff that is in the parking lot or was never allowed on WS at all... :angel:

...jmo...

 

[JSR]

You are right: CA might want to be accused. If the defense can make it in any way plausible that *Cindy* was responsible for Caylee's death then they might just get that one juror who has reasonable doubt regarding Casey.

You know the more I think about it the more CA is the PERFECT person to blame this murder on. Much better than Kronk, JG, Amy or Ricardo IMO. She had access to every item in the Anthony home and she knew where Caylee's body was in November. Because she sent DC into the woods and even admitted it to LE.

If JB and Company really wants a somewhat viable defense, CA really is their best bet.

Not that a jury wouldn't totally see through the smoke and mirrors but it would be much better than trying to pin in on Kronk, JG, Amy or Richardo.

 

[LolaMoon08]

Chiquita, I agree with your post. The bolded section is the biggest sticking point for me. I also do not see Cindy letting Casey, Baez, etc blame her (Cindy) for Caylee's death. This is one time where I think that Cindy will fight tooth and nail to make sure that Casey is the one held responsible. If Cindy is anything like I think that she is then Cindy will see this as a slap in the face and a bold statement against the family. Cindy has made it very clear that anyone against the family is the enemy and unfortunately, or fortunately depending on how you look at it, Casey has just made herself an enemy against the family. For awhile now I thought that if any of the Anthony clan decided to be honest and tell exactly what Casey did it would be George. I thought that he would be the easiest to "break". Now after reading this motion and understanding exactly where the defense is going I see Cindy as being the one to turn on Casey first. Casey should have known better than to allow this kind of defense. I guess that we will finally see how far Cindy will allow this to go before she has had enough and takes Casey down for the SA.

But will Cindy even blame Casey for what the defense is doing? If I know Cindy, like I think I do, then no blame will be put on Casey for the actions of her defense team. Cindy will allow herself to believe that this has nothing to do with Casey and everything to do with Jose and Jose will pay for what he's doing.

Casey has nothing to worry about with Cindy, IMO. It's Jose who should be worried.

 

[AZlawyer]

I think you have it backwards. I think an excited utterance would be admissable because it's a moment of truth moment. That's why Baez said in his motion that CA was calm (no). Someone please correct me if I'm wrong.

Yes, exactly. Excited utterances are admissible hearsay, because they are considered very reliable--e.g., a person is less likely to be lying if they are screaming something hysterically in a 911 call. When you are hysterical, you don't have the time or presence of mind to come up with a lie.

So when Cindy screamed, "It smells like there's been a dead body in the damn car!!" is it more likely that (a) she was hysterical and consequently was telling the truth, or (b) she was calm and was telling a calculated lie in order to get police out there quickly to investigate the....um....totally non-emergency and not-a-big-deal fact that Caylee was missing, but everyone already knew that so who cares really, and plus the car smelled like...pizza...which was totally not connected with Caylee being missing but was the first thing Cindy thought of when she was told Caylee was missing?

 

[Aedrys]

I agree with those that say she won't go down as a martyr, but what troubles me is that Baez had to know he was asking for trouble by wording his motion the way he did. I worry that Cindy's guilt may override her pride and she might try take the fall.

Then the other part of me that knows better slaps me down for
that. No way is Cindy goig to let her precious image be dragged through the mud for Casey. No way is she going to let the defense say she was a bad grandmother and didn't care about Caylee's whereabouts for 31 days. And no way is she going to let Casey win this game by sacrificing herself. CA and GA like the blood money too much to let it all go so that Casey can be free again.

But there's this part of me that still worries because who knows what these crazy people will do next....

Couldn't the prosecution prove that Cindy couldn't have possibly done it anyway? Yet another wrong tree Baez is barking up...

 

[The World According]

HLN discussing this case right now.

THE PARTY GIRL PHOTOS

Attorney Jean Cesaraes is opining the photos when Caylee was missing will come in, at least some of them. The state was never going to even try to admit all of them and likely not the ones that are not close in time.

Attorney Mark Iglarsh opined that we should be glad to see the defense doing this. The more bases they cover, the less likely she can have the case later tossed out claiming ineffective counsel.

THE 911 TAPE

Caller: Her being a nurse, her husband being a copy CA knew what a dead body smells like, that tape should stay.
Host: Cindy tried to back up off of this and say she meant it smelled like rotting pizza.

Jean : Excited utterance


Mark: You don't have to be a father to feel..anyone with decency can hear it in her voice. It is coming in, it was an exited utterance, spontaneously made while she was immediately under the impression Caylee had been kidnapped.

Caller: So what..leave it out , there is other evidence against her.
Host: Mark, how important is it..this 911 tape?
This case does not hinge on the 911 call. We have the smell in the car from George in his LE interview, being a former cop ..he knows the difference between a dead body smell and rotting pizza. The state may not even use the 911 call in their case in chief and save it for impeachment or their rebuttal.

 

[Horace Finklestein]

I`m no fan of CA but my heart aches for her right now. Unconditional love shouldn`t be rewarded this way.
Then again, CA is a pitbull and will fight to the death to preserve herself when push comes to shove. She knows KC and what she`s capable of and I predict crossing Cindy will be a huge defense error.

I could see Cindy going either way. I think IF she chose to take a bullet for KC, it would have to be on her terms. If they hit her with something out of left field, there may be backlash from her - considering the lengths (criminal lengths) she's gone to to protect KC, to be betrayed after that might be too much for Cindy to tolerate.

Plus I keep wondering if Cindy will ever direct her rage toward KC as the evidence comes out. Cindy knows KC is/was lying about everything and it may dawn on her one day that she should be pi$$ed at KC and no one else.

 

[Chiquita71]

Yes, exactly. Excited utterances are admissible hearsay, because they are considered very reliable--e.g., a person is less likely to be lying if they are screaming something hysterically in a 911 call. When you are hysterical, you don't have the time or presence of mind to come up with a lie.

So when Cindy screamed, "It smells like there's been a dead body in the damn car!!" is it more likely that (a) she was hysterical and consequently was telling the truth, or (b) she was calm and was telling a calculated lie in order to get police out there quickly to investigate the....um....totally non-emergency and not-a-big-deal fact that Caylee was missing, but everyone already knew that so who cares really, and plus the car smelled like...pizza...which was totally not connected with Caylee being missing but was the first thing Cindy thought of when she was told Caylee was missing?

Respectfully Quoted AZlawyer

Yeah. That was some pretty strong pizza huh? I mean, if you replace the subject of the smell and leave the emotion...Cindy was pretty bowled over by that pizza smell. So was George.

What Cindy really said(meant to say) was: "smells like there's been a pizza in the damn car!" One could see how that would be very upsetting and how one would want to exclaim that fact to a 911 operator.

Maybe it had anchovies? :angel:

:twocents:

 

[logicalgirl]

But will Cindy even blame Casey for what the defense is doing? If I know Cindy, like I think I do, then no blame will be put on Casey for the actions of her defense team. Cindy will allow herself to believe that this has nothing to do with Casey and everything to do with Jose and Jose will pay for what he's doing.

Casey has nothing to worry about with Cindy, IMO. It's Jose who should be worried.

Usually I agree with you LolaMoon08, but this time I think Cindy will be able to figure it out. Cindy seems to be hypersensitive to any innuendos of sullies or insult to her or her family's reputation and IMO she is also hypersensitive to danger to herself. How she reacts to that danger - think Morgan depo - is something she doesn't do well.

As soon as Cindy sees which way the Defense is heading with these motions she will react. She isn't going to be able to rationalize in her own mind that she knew the baby Caylee was missing for 31 days and she wasn't concerned, or her searching out for Casey to ultimately find Caylee, or making the 911 calls. Cindy will have her epitome moment and I agree, she's like a pit bull when she's angry. We've seen how she is defending Casey - but we haven't yet seen how Cindy defends herself against Casey and/or the suggestion she, Cindy, was somehow responsible for Caylee's death.

No way will we see a martyr. It's always been all about Cindy. Fasten your seatbelt Baez.

 

[LambChop]

Respectfully Quoted AZlawyer

What Cindy really said(meant to say) was: "smells like there's been a pizza in the damn car!" One could see how that would be very upsetting and how one would want to exclaim that fact to a 911 operator.

Maybe it had anchovies? :angel:

:twocents:

And just maybe CA meant to say: "smells like there's been a DEAD pizza in the damn car!" and in the heat of the moment of NOT being excited and upset she said body, but she meant pizza. Yea, that's her story and she's stickin to it. Only someone who was truly upset, out of their mind upset would say something like that because there was no time to think it over. And you are absolutely right. Why WOULD a 911 operator be interested in dead pizza in a car or even a squirrel? JMO

 

[LolaMoon08]

Usually I agree with you LolaMoon08, but this time I think Cindy will be able to figure it out. Cindy seems to be hypersensitive to any innuendos of sullies or insult to her or her family's reputation and IMO she is also hypersensitive to danger to herself. How she reacts to that danger - think Morgan depo - is something she doesn't do well.

As soon as Cindy sees which way the Defense is heading with these motions she will react. She isn't going to be able to rationalize in her own mind that she knew the baby Caylee was missing for 31 days and she wasn't concerned, or her searching out for Casey to ultimately find Caylee, or making the 911 calls. Cindy will have her epitome moment and I agree, she's like a pit bull when she's angry. We've seen how she is defending Casey - but we haven't yet seen how Cindy defends herself against Casey and/or the suggestion she, Cindy, was somehow responsible for Caylee's death.

No way will we see a martyr. It's always been all about Cindy. Fasten your seatbelt Baez.

I really, really hope that Cindy figures it out and comes out swinging against these accusations and is able to see that Casey is 100% behind what these motions are implying. I really, really hope that she does.

I'm surprised that Brad has not released a statement on behalf of Cindy yet?

 

[logicalgirl]

I really, really hope that Cindy figures it out and comes out swinging against these accusations and is able to see that Casey is 100% behind what these motions are implying. I really, really hope that she does.

I'm surprised that Brad has not released a statement on behalf of Cindy yet?

Actually I am also. Maybe he's trying to temper what Cindy has said about it with something slightly more polite?

 

[JSR]

I really, really hope that Cindy figures it out and comes out swinging against these accusations and is able to see that Casey is 100% behind what these motions are implying. I really, really hope that she does.

I'm surprised that Brad has not released a statement on behalf of Cindy yet?

Lola you and me both. I really really hope CA doesn't take this lying down. For the first time I want to see Cindy the pit bull.

 

[gamom]

It seems like the majority of you feel the 911 tape will be admitted. I hope so since to me this is the most damaging evidence. My concern is that based on what I read in Florida Law it seems like the defense may have a leg to stand on to get the tape removed..I snipped a piece out from a case in Florida...

http://www.accessmylibrary.com/article-1G1-144567278/crawford-impact-florida-criminal.html


Clipped:

"What happens when the state seeks to introduce an audiotape of a police-controlled phone conversation between a nontestifying co-defendant and the defendant? A survey of post-Crawford Florida cases reflects the likelihood that police-controlled phone calls are inadmissible in a criminal trial unless the declarant testifies at trial and is subject to cross-examination. In State v. Hernandez, 875 So. 2d 1271 (Fla. 3d DCA 2004), rev. granted, 894 So. 2d 972, rev. dism'd., 911 So. 2d 95 (Fla. 2005), the court held that admission of a nontestifying co-defendant's out-of-court statement to the defendant during a police-controlled, audiotaped phone conversation would, in light of Crawford, violate the Sixth Amendment confrontation clause because the defendant did not have an opportunity to cross-examine the co-defendant."


Casey's statement about not seeing the child for 31 days was on this tape. However, I am assuming that she will not take the stand during trial. Doesn't that mean her statement (and the tape where she makes that statement) would not be admissible? Or am I over thinking this? I just can't handle another OJ case.

 

[kaRN]

I could see Cindy going either way. I think IF she chose to take a bullet for KC, it would have to be on her terms. If they hit her with something out of left field, there may be backlash from her - considering the lengths (criminal lengths) she's gone to to protect KC, to be betrayed after that might be too much for Cindy to tolerate.

Plus I keep wondering if Cindy will ever direct her rage toward KC as the evidence comes out. Cindy knows KC is/was lying about everything and it may dawn on her one day that she should be pi$$ed at KC and no one else.

I think CA has been sublimating her KC rage and directing it at LE, bloggers. the media, George and anyone else she can think of, since July 08. Since that court date when JS refused to take the DP off the table and the A's stormed out, we haven't heard a peep from them so I imagine CA is about ready to burst with rage right about now.
I`ve always felt CA was more concerned with appearances than reality. If the appearance was she had a successful daughter with a job, that was good enough. The education didn`t matter. If she could pass off the tumor story rather than act like a Mother- she did.
I think Caylee was an accessory more than somebody CA was worried for in the long run. If she had Caylees best interests in mind, Caylee would have been sleeping in her toddler bed, and not with her Mother. That was encouraged to keep KC home, not to benefit Caylee in any way. It put her life at risk actually and Nurse CA knows it.
So I`d be really surprised if CA fell on a sword to save Casey. It wouldn`t save her anyway and CA knows it. I also think she is a good daughter to her parents, and wouldn`t kill them to rot with KC.
I don`t know but suddenly the wait is getting really interesting. :crazy:

 

[kaRN]

Usually I agree with you LolaMoon08, but this time I think Cindy will be able to figure it out. Cindy seems to be hypersensitive to any innuendos of sullies or insult to her or her family's reputation and IMO she is also hypersensitive to danger to herself. How she reacts to that danger - think Morgan depo - is something she doesn't do well.

As soon as Cindy sees which way the Defense is heading with these motions she will react. She isn't going to be able to rationalize in her own mind that she knew the baby Caylee was missing for 31 days and she wasn't concerned, or her searching out for Casey to ultimately find Caylee, or making the 911 calls. Cindy will have her epitome moment and I agree, she's like a pit bull when she's angry. We've seen how she is defending Casey - but we haven't yet seen how Cindy defends herself against Casey and/or the suggestion she, Cindy, was somehow responsible for Caylee's death.

No way will we see a martyr. It's always been all about Cindy. Fasten your seatbelt Baez.

I`m inclined to totally agree.

 

[okiedokietoo]

Could be that AL sat CA and GA down and told them this was one of the only ways to save KC....and CA is alright with it

 

[hroark2112]

Personally, I think this is all a waste of time (a HUGE waste! ).

First, the prosecutors know what they can and can't ask witnesses at trial. They're not rookies, these are all experienced trial attorneys. They know how to ask a witness a question.

Second, the 911 call will most likely be heard. I seriously doubt that the judge will allow the bad acts of the defendant to determine what evidence is or is not admitted. According to the testimony of CA, the first time she heard that Caylee had been kidnapped was when the 911 call was made. The fact that KC didn't report her missing should not help her in any way, and I doubt that the judge will allow that to happen.

Third, the fact that there was a strong odor of decomposition in the car will be attested to by YM and other members of law enforcement, and the statements of GA made to YM during his interview. CA's statement is chilling, emotional, and makes me shudder to think about, but in the long run it's not all that important. Everything she says in her call is repeated and re-confirmed by others.

In addition, the comments that they are trying to have excluded about KC being a thief can be substantiated by KC's guilty pleas in her criminal case. She's a convicted felon and a proven liar, by her own words.

KC's statements about not seeing her child for 31 days were repeated to YM during the infamous trip to Universal. That will be admitted, so that tape is a tiny cog in this case. Personally I think YM and the rest of law enforcement did a great job locking KC into her lies. IIRC, she signed her statement stating when she had last seen Caylee, and I know she said it numerous times in interviews. She'll take the stand in that way, for sure! Maybe her butt won't be in the seat, but her words will be heard.

Much ado about nothing, and a HUGE show of cajones by JB to even try to get this past the judge.

 

[TotallyObsessed]

I think I am in the other camp as far as the defense trying to throw CA under the bus. They may appear to do so, but I believe with all of my being that CA, GA, JB and KC are tight as ticks. JMPO

 

[Wescott]

Could be that AL sat CA and GA down and told them this was one of the only ways to save KC....and CA is alright with it

I think so. I don't think that the motion came as any surprise to her.