2011.04.25 Motion in Limine to Exclude "31 Days"

[katydid23]

That is a really good point people are making about Baez'z 'compelling' aha moment. I have seen a few old clips recently in which he says that very confidently. Even in the recent 48 Hours Special he reiterated that notion. He has made a big deal out of the 'fact' that he could explain that '31 days' so well in his opening statement that we would all understand her behavior completely. Many of us have racked our brains trying to predict what his explanation might turn out to be. So, not surprisingly, it seems he was not able to convince Mason that his 'compelling' explanation was going to work. LOL

anic:anic:anic::denied:

 

[steadychick]

Everytime I read "DT" I read it as death team not defense team. It took me awhile to realize I was doing it!

I do the same thing!

 

[RR0004]

That is a really good point people are making about Baez'z 'compelling' aha moment. I have seen a few old clips recently in which he says that very confidently. Even in the recent 48 Hours Special he reiterated that notion. He has made a big deal out of the 'fact' that he could explain that '31 days' so well in his opening statement that we would all understand her behavior completely. Many of us have racked our brains trying to predict what his explanation might turn out to be. So, not surprisingly, it seems he was not able to convince Mason that his 'compelling' explanation was going to work. LOL

anic:anic:anic::denied:

...and then he asks for it to be thrown out. Priceless.

 

[Softail]

To me this entire case reeks of Scott Peterson. Everything pre-trial said he would be proven innocent, blah, blah, blah..... IIRC when it came down to it, the defense pretty much rested.

So, I see this trial as, anytime a prosecution expert is called, the DT will call theirs to say - No... that's not right.

When JB said his portion would be 3 -4 weeks.... Baloney. I don't buy it, and I don't think it will last as long as predicted by the DT. IMO of course....

 

[Baznme]

Always an alterior motive on the DT's part. Get the 31 days squashed and it's an automatic the pictures won't come in. These guys are incredible. Paint ICA as the perfect mother and somebody else did this to her daughter. The incriminating evidence is not seen by the jury.......that's the only "aha" moment the DT has in their pocket. IMO, their transparent as all get out these days.

 

[watcher9]

Even if for some reason HHBP thought long and hard about this motion again, I believe he would still come up with the law to keep the pictures in.

If I understand it about some of the law that CM came up with, pictures of the "31 days" could come in up to and when there was a concealment or the destruction or an attempt to destroy evidence. We already know about the evidence that ICA never even looked for her daughter during the 31 days and thereafter.

I read concealment to mean pictures could come in because ICA concealed Caylee's body in the trunk of her car for 2-3 days and then concealed her body further by throwing Caylee into the woods. That should free up the first four or five days when the video store tape came into play. I don't know if she partied during this time.

Attempt to destroy evidence could be brought in by ICA cleaning the car, deleting files and pictures from the computer which was done before she was arrested and after she was bonded out from jail. That should free up all the pictures for the 31 days and more.

If this is the case, then CM gave HHBP further reason to deny this motion.

 

[Just Jayla]

That is a really good point people are making about Baez'z 'compelling' aha moment. I have seen a few old clips recently in which he says that very confidently. Even in the recent 48 Hours Special he reiterated that notion. He has made a big deal out of the 'fact' that he could explain that '31 days' so well in his opening statement that we would all understand her behavior completely. Many of us have racked our brains trying to predict what his explanation might turn out to be. So, not surprisingly, it seems he was not able to convince Mason that his 'compelling' explanation was going to work. LOL

anic:anic:anic::denied:

My very first "Ah-Ha!" moment in this case was when I heard a Florida mother had not reported her child missing for 31 days. I thougth, "Ah-Ha, she did something to her!"
So I suppose JB is starting at a good place.

 

[Just Jayla]

Does this include her computer searches within that 31 days? The teddy bear cartoon has no bearing to her conciousness of guilt whatsoever? The one that she saved to her computer and named the file?

Also, was she not looking for ZFG at these clubs? So, she knew her child was missing and was looking for the perpetrator, but never called LE....and then 3 years later her (former) lawyer said that ZFG story was all a lie...to what end, unless KC herself was covering up something?

When she was at the Dragon Room and heard Lee was on his way, and she fled, no guilt there? She later told Lee to leave her alone, she did not want to see him...from what we know, they had not has a falling out, so why the evasive behavior?

It is her own testimony that she went clubbin over those 31 days, the days that she enumerated for the world.

I never thought it was the state's intention to show conciousness of guilt per se, but if we're gonna go with that, I would say that pretending that you don't have a two year old child that is missing only leads a reasonable person or jury to believe that you just didn't care, because you know she is 1) safe somewhere, which KC has taken off the table or 2) you sold her, which KC also took off the table, or 3) you killed her and you don't want to tell anyone you did.

 

[LancelotLink]

I thought she was at this club searching for her missing daughter? Even CA and GA stated this on the 48 hours show. She was there looking for someone to help her. Why would her defense want this thrown out as irrelevant? My gosh. That is her whole defense. Zanny stole Caylee and she was searching for her, 24/7. Wasn't that it? Her whole life had been taken from her? Blah blah blah...

 

[LancelotLink]

And CM, can you say concealment? She was concealing her crime. Each time she told another person that Caylee was with the nanny, with Cindy, at the park, at the beach, napping, don't want to disturb her, etc. was she not concealing her crime? Each time she gave Cindy a silly excuse, was she not concealing her crime?
When she ditched her car at Amscot, was she not concealing her crime?
When she dodged her brother, was she not concealing her crime?
When she was getting her tattoo and told the CastIron crew that she would bring Caylee in next visit, was she not concealing her crime?
When she was hiding out at TL's, was she not concealing her crime?
The party pics, in ICA's own words, she was there looking for Zanny, even though she had told her friends there that Caylee was off having a great time...shows concealment of her crime.
Lying to all of these Fusionites shows, IMO, consciousness of guilt as well as concealment.

"I spent the rest of that evening, pacing and worrying at one of the few places I felt “at home” my boyfriend Anthony Lazzaro's apartment. ..."

Pacing at Blockbuster Video...
Worrying? And never said a word to Tony, who was more than familiar with the patrons at Fusion Ultra Lounge....
at home-her new obsession, Tony.

Phew! Can't wait till this motion is heard!

 

[Numbers]

Betcha this one never makes it to a hearing. This will be a "What Part of 'No' Do You Not Understand???" from Judge Perry right off the bat.

 

[Anais]

I thought she was at this club searching for her missing daughter? Even CA and GA stated this on the 48 hours show. She was there looking for someone to help her. Why would her defense want this thrown out as irrelevant? My gosh. That is her whole defense. Zanny stole Caylee and she was searching for her, 24/7. Wasn't that it? Her whole life had been taken from her? Blah blah blah...

ITA. Also IIRC it was the reasoning according to ICA as to why she wrote checks off of Amy's account and robbed her blind. She was " under a time of extreme desperation" and would do anything "by any means" to find Caylee. Of course it is utter nonsense and totally ridiculous! Only in the world of the A's.

 

[nssherlock]

Well darn.......if this motion is granted does that mean I won't get to hear jose's explanation of her behavior during that time? And he seemed to be looking so forward to enlightening us.

In any case at least some of those 31 days were spent disposing of Caylee's little body, so some of it has to come in.....if the defense is lucky this will be denied outright. But would love to hear the arguments.

 

[katydid23]

ITA. Also IIRC it was the reasoning according to ICA as to why she wrote checks off of Amy's account and robbed her blind. She was " under a time of extreme desperation" and would do anything "by any means" to find Caylee. Of course it is utter nonsense and totally ridiculous! Only in the world of the A's.

Oh of course, she stole that money out of desperation and as a means of finding Caylee. So I hope they show the jury the Target video where she is purchasing beer and lingerie with that cash. And of course that money was also used for her new tattoo. Another act of desperation in searching for Caylee?

 

[Anais]

Well darn.......if this motion is granted does that mean I won't get to hear jose's explanation of her behavior during that time? And he seemed to be looking so forward to enlightening us.

In any case at least some of those 31 days were spent disposing of Caylee's little body, so some of it has to come in.....if the defense is lucky this will be denied outright. But would love to hear the arguments.

Aren't there pings that also show that ICA was in that area where Caylee was thrown out like trash as well to further back it all up?!

 

[Anais]

Oh of course, she stole that money out of desperation and as a means of finding Caylee. So I hope they show the jury the Target video where she is purchasing beer and lingerie with that cash. And of course that money was also used for her new tattoo. Another act of desperation in searching for Caylee?

Every time that I have seen those video visits it is really hard to keep from throwing up. I also get red-hot mad at all three of the A's!!! The total and uetter non sensical explanations and lies that fly off of her tongue. :banghead:

 

[strach304]

You all are making really good points that dispute the legal arguments presented by the defense in their motion. I did have pause and worry after reading Judge Eaton's points for disallowing it based on law. You all are making excellent arguments showing that she was trying to conceal a crime, evasion, etc. based on law. I do look forward to the states response. In fact am on the edge of my seat to see it really.