Casey defense team files motion to dismiss case--Could KC walk!

[Numbers]

How would the defense know there was exculpatory evidence if it was destroyed and they didn't get it?

Wishful thinking?

 

[FORDANIEL]

Oh MY GOD!!! WTF!!!

 

[seagull65]

I did always think it was strange if the defense was not allowed to have an expert look at and photograph the remains site and evidence in situ and so on earlier on. Seemed like the state told them after all the evidence had been removed from the site and so on, after razing the place, that now the defense could have their experts onto the site, come in and photograph etc. What good would that do? Basically, the defense would be in the position of just having to take the state's experts' interpretation on the whole scene. I was surprised at the time, but I don't know how these things are usually done.

 

[RR0004]

Anthony's attorneys argue that she needs her family support and providing video of visits to the media could be deemed as an attempt to punish Anthony. Her lawyers also say that without family visits her defense team can not adequate prepare for her death penalty case."

This mumbo jumbo is straight from Professor Andrea Lyon -

http://www.wisspd.org/html/training/ProgMaterials/Conf2006/DDEFE.pdf

Litigation - “Defending the Life-or-Death Case” byAndrea D. Lyon
Volume 32 – Number 2 – Winter 2006 – American Bar Association

pg 47

You must also interview the client’s family and household. .......

Family members’ involvement can be key for the following reasons:
- At a sentencing hearing, they make good witnesses.
- Their presence during trial creates an atmosphere in which it is easier to save your client’s life.
- Family support can help make your client more self-assured and a better witness if he needs to take the stand.
- Family support can prevent your client from engaging in self-destructive behavior (e.g. acting out violently in prison or court).

So I guess they need time to bond.

 

[Jolynna]

Should the investigators have not dug for ALL of Caylee? IIRC, they expanded the area and found bones for days and days and days. Caylee wasn't all in one part. She'd been scattered by animals. There were bones incorporated into vegetation and buried in dens. There were still a few bones missing when the forensic team released the area.

The powers in charge couldn't risk having people who weren't accountable (to them) tromping through the recovery area comprimising the evidence while the recovery was ongoing.

imo

 

[sumbunny]

dr henry lee doesn't do well at crime scenes. It seems he picks up evidence pieces and puts them in his pocket (ie;phil spector trial)

 

[milliac]

:waitasec: I wonder if this motion came about to try and stall on the DA's motion for the defense to provide documents supporting defense claims that the body or the remains of Caylee Anthony were placed there after Casey was locked up in the OCC facility."? Do we know if a hearing has been set yet? Maybe the defense is grasping for straws with this last motion they filed?

I was thinking the same!

 

[Numbers]

Oh MY GOD!!! WTF!!!

Sit down. Take a deep breath.

You'll be OK.

Do you have any liquor in the house?

 

[shellsbells]

First off, I went to Film School, not Law School, so please pardon my ignorance:

Even though Defense (nor Prosecution, for that matter) was not allowed to go visit the active crime scene, they would still have access to all the evidence and pictures that LE gathered, no? Looking at it completely objectively, we the general public have seen all matter of 3D imaging and lists and pictures and descriptions and all kinds of other things that were not on a "side" but were merely how it was. Is there a list somewhere of what specifically the Defense was looking for that could have been mishandled?

And so I ask, what is it that they claim was so deteriorated or spoiled? Are they arguing something was pocketed? It seems like they are saying "throw out this case because the evidence we need to prove she didn't do it is not there". Which I guess makes sense, if you are the defense on a sinking ship. Otherwise, you would have some details, and you would also have an innocent person who has been in jail for 11 months and screaming to the rooftops every real and verifiable reason she shouldn't be there.

 

[john's mom]

How would the defense know there was exculpatory evidence if it was destroyed and they didn't get it?

Wishful thinking?

Maybe Casey left something there to implicate SOD, and LE din't find it? LOL

They also dont have any discovery to release to the state, because they drew all the conclusions of her innocence from the discovery released by the state. HUH? :waitasec: :furious: :banghead::banghead::banghead:

 

[Jolynna]

re: destroying jail video-
maybe jail videos are normally taped over within a certain timeframe after jail visits, but hers haven't been?
Also, the videotape outside the medical unit, when they sat her in front of the TV with the news of Caylee's remains going on on TV....maybe such video would not normally be kept but has been in her case? I'm not sure.

Most inmates know enough to be careful talking to anyone other than their attorneys. There are signs all over warning that inmates may be held accountable for what they say during "visits". Other inmates surely manage to see friends & family, get support and not get into discussions any prosecutor could use against them.

KC could see her parents & hear that words of love and support without discussing her case with them, She's got lawyers to talk to about that.

I'm not seeing KC's extreme hardship. She CAN see her family.

imo

 

[Numbers]

Maybe Casey left something there to implicate SOD, and LE din't find it? LOL

They also dont have any discovery to release to the state, because they drew all the conclusions of her innocence from the discovery released by the state. HUH? :waitasec: :furious: :banghead::banghead::banghead:

They only read every third word in the left column of every fourth page. Makes perfect sense.

:floorlaugh:

 

[beach]

Also in the Official Docs thread is the defense team's Response to the State's motion for production of the evidence that the body was dumped while KC was in jail.

The defense says they just "logically interpreted" the evidence produced by the State. :rolling:

Hilarious! :rolling:

After all the hoopla....Todd Macaluso's big song & dance assuring the court that they have proof (did he use the word proof when arguing that to the court?) that someone else dumped Caylee's body in the woods off of Hopespring Dr. because KC couldn't have done it since the body was placed there after she was incarcerated --- they've got nothing. Nada. Not one darn thing pointing to anyone other than KC. well, except for their 'logical interpretation'. oh brother.

bombshell...not.

 

[momtective]

Sit down. Take a deep breath.

You'll be OK.

Do you have any liquor in the house?

:floorlaugh: If she does...it isn't enough!

 

[mitzi]

Yes, I thought Andrea Lyon said she would be filing a bunch of motions soon after Labor Day. Here they are.

Also, IIRC, the defense filed an emergency motion in December trying to gain access to the crime scene and the Judge shot them down. Jose and Linda went on Geraldo and whipped him into a indignant frenzy over the injustice.

Bold mine.

I remember that show. That was the day I had to double my blood pressure meds! :furious:

 

[Jolynna]

re: destroying jail video-
maybe jail videos are normally taped over within a certain timeframe after jail visits, but hers haven't been?
Also, the videotape outside the medical unit, when they sat her in front of the TV with the news of Caylee's remains going on on TV....maybe such video would not normally be kept but has been in her case? I'm not sure.

Most inmates know enough to be careful talking to anyone other than their attorneys. There are signs all over warning that inmates may be held accountable for what they say during "visits". It doesn't mean KC couldn't tell her parents she loved them and vice versa. Other inmates surely manage to see friends & family, get support and not get into discussions any prosecutor could use against them.

I'm not seeing any hardship to KC.

 

[Brini]

I did always think it was strange if the defense was not allowed to have an expert look at and photograph the remains site and evidence in situ and so on earlier on. Seemed like the state told them after all the evidence had been removed from the site and so on, after razing the place, that now the defense could have their experts onto the site, come in and photograph etc. What good would that do? Basically, the defense would be in the position of just having to take the state's experts' interpretation on the whole scene. I was surprised at the time, but I don't know how these things are usually done.

The defense lawyer (if there IS one at the time of the evidence processing) is NOT part of said processing.

IIRC, the FBI was part of that. JB will have to come up with some PRETTY good evidence that the FBI doesn't know how to handle crime scenes

Pretty sure he doesn't have said evidence.

 

[mysteriew]

I did always think it was strange if the defense was not allowed to have an expert look at and photograph the remains site and evidence in situ and so on earlier on. Seemed like the state told them after all the evidence had been removed from the site and so on, after razing the place, that now the defense could have their experts onto the site, come in and photograph etc. What good would that do? Basically, the defense would be in the position of just having to take the state's experts' interpretation on the whole scene. I was surprised at the time, but I don't know how these things are usually done.

At the time the remains were found, the remains were only identified as the remains of a child. Yeah, LE most likely thought it was Caylee, but officially the remains were unidentified. Identification wouldn't be made until the autopsy. So if they had allowed JB into the crime scene, potentially they would have to allow in other defense attorneys, because it could have been any kid. And JB wasn't representing KC in any murder case. At that point she was accused of fraud and child neglect. Not murder, because that hadn't been determined yet. That determination was also made at autopsy.

So JB was in affect asking to go to a death scene of any child, whether dead of homicide or natural causes. No attorney is allowed to do that that I know of. I think it is funny, not only is there the question of how did KC know that was Caylee, but how did JB know that was Caylee? How/why was he so sure that the unidentified remains belonged to Caylee?

The CSI's take pics of many angles of the crime scene. They measure the distance of any evidence found compared to other evidence and of fixed points in the scene. All this is done so that the crime scene can be reconstructed accurately. The defense was given acces to the crime scene before it was returned to the owner. That would be after the autopsy and after the state determined they were going to file murder charges.

 

[Brini]

Bold mine.

I remember that show. That was the day I had to double my blood pressure meds! :furious:

When Geraldo was a lawyer-- was he any good? Anybody remember?

 

[Brini]

Maybe they all need to get on the same page.

Or, at LEAST in the same BOOK. ;-)