Evidence of Heart Shaped Sticker on Duct Tape Destroyed

[ZsaZsa]

Things that make you go - hmmm. Baez wants a piece of evidence that wasn't there, kept away from the Jury ? There is an oxymoron in there somewhere...

 

[tlcya]

With this peice of evidence being so controversial and since destroyed - I find it funny that JB and the dream team are the ones calling attention to it yet again. Dollars to donuts, the DA already has a huge amount of evidence. They probably didn't even intend to introduce any evidence of the sticker residue due to its now being gone.

By filing this baloney motion, the defense has now reawakened all the scuttlebutt that had pretty much died out in the MSM.

 

[shotgun09]

From the initial article on this thread:

But Local 6 has obtained a report from the FBI laboratory that reveals all traces of such a shape on the duct tape were destroyed by the FBI lab during a fingerprint-testing process and no photograph of the outline of a heart was taken by the FBI before all traces of it were obliterated.

Some evidence photos have been withheld from public release, so it is not known if any other agency took photos that show an outline of a heart on the tape. But there has been no mention of other such photos in any of the discovery released so far.

http://www.clickorlando.com/news/21104174/detail.html

BBM

Clearly during this time (Dec 08), there was enough suspect to outline in the search warrants of the Anthony home regarding said stickers. And, a judge allowed this.
The photos that have been sealed, will speak volumes. Nice try Jose.

 

[RR0004]

With this peice of evidence being so controversial and since destroyed - I find it funny that JB and the dream team are the ones calling attention to it yet again. Dollars to donuts, the DA already has a huge amount of evidence. They probably didn't even intend to introduce any evidence of the sticker residue due to its now being gone.

By filing this baloney motion, the defense has now reawakened all the scuttlebutt that had pretty much died out in the MSM.

ITA, me thinks that the lowly plebes who were left to mind the store while the big 'uns are away on vaca got this one all wrong.
IIRC, there is no hard and fast proof on the heart-shaped outline...except for the person who actually saw it and stated such.

^oops, Shotgun...you stated it much better...and even elaborated on it.

 

[shotgun09]

ITA, me thinks that the lowly plebes who were left to mind the store while the big 'uns are away on vaca got this one all wrong.
IIRC, there is no hard and fast proof on the heart-shaped outline...except for the person who actually saw it and stated such.

And that tech, who at least did some documentation regarding the suspicious outline,....well this has all been turned in as discovery. It's legit.

 

[Mrs G Norris]

Baez should be fighting to keep this evidence IN so he can use it to show that the FBI did sloppy work. He should also IMO be making an ally of Roy Kronk for the exact same reason ~ surely it is more valuable to him to say that the OCSO could have retrieved Caylee's body in August than it is for him to make a paper castle out of the possibility that Roy Kronk was involved in the murder.

Just JMO of course, but you know.....if he can poke holes in the jury's trust in the authorities surely it would get him somewhere that's at least 1/2 way plausible.

 

[RR0004]

And that tech, who at least did some documentation regarding the suspicious outline,....well this has all been turned in as discovery. It's legit.

Do you happen to know if this person is on the State's witness list?

 

[nums24]

Do you happen to know if this person is on the State's witness list?

Fontaine is the tech referenced in the OS article and yes she is listed:

[ame="http://www.websleuths.com/forums/showpost.php?p=5926211&postcount=501"]Websleuths Crime Sleuthing Community - View Single Post - State's Witness List Released 2008.11.18 Updated 2008.12 & 2009.01.26[/ame]

 

[shotgun09]

Do you happen to know if this person is on the State's witness list?

Nope. Darnit. I do recall her being female. That's about all I can remember. But all those e-mails were in the discovery, so I would tend to think she would be on it.

 

[shotgun09]

Thanks Nums, you're on it!

 

[RR0004]

Fontaine is the tech referenced in the OS article and yes she is listed:

Websleuths Crime Sleuthing Community - View Single Post - State's Witness List Released 2008.11.18 Updated 2008.12 & 2009.01.26

You're the best...can I ask for something else...pretty please? Has the defense deposed her?

ETA:Yup...4/10.

PS- She's the latent print expert?

 

[faefrost]

You're the best...can I ask for something else...pretty please? Has the defense deposed her?

ETA:Yup...4/10.

PS- She's the latent print expert?

That's the impression I get based on the articles quoting JB about todays filing. Apparently they are jumping up and down because she refused to state a definitive scientific conclusion that what she saw was from the heart shaped sticker.

Sadly I think the defense might win this one, simply because any such residue was destroyed during testing, and the defense can probably raise a valid arguement that they did not get to examine it. But I still want to read JB's motions (I need some humor this week) and any such deposition to see what the tech really said.

 

[shotgun09]

Poor Fontaine, she's probably still kicking herself in the butt for not taking a photo.
At least we have the duct tape, which was found in the Anthony home, and used on posters which the Anthony's hung. And, maybe there is a photo not yet released that might just show this evidence (sealed).

 

[ExpectingUnicorns]

Murder Docket Updated:

12/28/2010 Motion to Preclude Phantom " Heart Sticker" Evidence

12/28/2010 Memorandum of Law in Support of Motion to Preclude Phantom "Heart Sticker" Evidence

Well if they included any language suggested here on WS, then we will know for sure!

Well, I just did a search ~ and at least we had the common sense not to use the word "Phantom." :great:

 

[RR0004]

That's the impression I get based on the articles quoting JB about todays filing. Apparently they are jumping up and down because she refused to state a definitive scientific conclusion that what she saw was from the heart shaped sticker.

Sadly I think the defense might win this one, simply because any such residue was destroyed during testing, and the defense can probably raise a valid arguement that they did not get to examine it. But I still want to read JB's motions (I need some humor this week) and any such deposition to see what the tech really said.

Ya know, I'd be really surprised if the State intended on using the sticker because of the lack of "proof" that it existed. I think the defense is p$ssed that the public is still talking about it. AZ's work, however, is amazing...the State should take a look.

 

[ExpectingUnicorns]

That's the impression I get based on the articles quoting JB about todays filing. Apparently they are jumping up and down because she refused to state a definitive scientific conclusion that what she saw was from the heart shaped sticker.

Sadly I think the defense might win this one, simply because any such residue was destroyed during testing, and the defense can probably raise a valid arguement that they did not get to examine it. But I still want to read JB's motions (I need some humor this week) and any such deposition to see what the tech really said.

You are right and what you say is very logical but my gut tells me that if she used this as an example in an unrelated briefing ~ she really must have seen the residue. I'm eager to read her depo, too!

Unfortunately though, there is a big distinction between truth and proof and I am learning (with my heels dragging) that it's only the "proof" that counts in court. illowfight:

 

[faefrost]

You are right and what you say is very logical but my gut tells me that if she used this as an example in an unrelated briefing ~ she really must have seen the residue. I'm eager to read her depo, too!

Unfortunately though, there is a big distinction between truth and proof and I am learning (with my heels dragging) that it's only the "proof" that counts in court. illowfight:

You never know. HHJP may decide that there would not be a strong risk of appeal in letting it in. Alot will depend on JB's motion and whether or not he actually for once came up with some valid state law or case law from an applicable court. The simple claim of "it's unconstitutional" will not wash. HHJP is not a federal judge. he judges matters of Florida law and precedent, not on the constitutionality of things. (Didn't he already remind JB of that regarding some matters concerning the jail? That if he wished to challenge something on constitutional grounds the Federal courthouse was right up the block?).

We can bet that if the SA has or had any plans to use the sticker as evidence they have long ago prepared briefs citing real clear Florida case law to support its use. The SA has been thinking and planning ahead and is more than capable of spotting the obvious potholes in the road. They are using a bit more of a long term strategy than simply reading what old threads we bump here and submitting random motions when we here at WS apparently remind them to. (Which should be a cautionary tale for us around here. We are rather obviously being read and followed by people who we really don't want to be giving advise to. So we should be a little more aware as we type that we might be putting words in someones head, or doing unintended case research for some.)

I still think that HHJP will most likely err on the side of excluding the sticker evidence, unless there are some truly boneheaded references in the defense motion, or the state really makes a stunning rebuttal. There does seem to be a rather clear hole in the documentation regarding the sticker residue. Which is truly a shame as it would be particularly damning evidence at trial.

 

[AZlawyer]

Poor Fontaine, she's probably still kicking herself in the butt for not taking a photo.
At least we have the duct tape, which was found in the Anthony home, and used on posters which the Anthony's hung. And, maybe there is a photo not yet released that might just show this evidence (sealed).

Just to clarify, Fontaine et al. at the FBI DID take photos--lots of them--but what they wrote down in their notes was that they were unable to "capture" the heart outline in the photos. I disagree--I think they just needed to turn up the contrast a little.

But the evidence of the heart sticker outline will probably get excluded IMO. You can't present as "evidence" photos in which only some people can see hearts, especially if there is no evidence that there was any sticker residue on that area of the tape.

 

[Numbers]

Just to clarify, Fontaine et al. at the FBI DID take photos--lots of them--but what they wrote down in their notes was that they were unable to "capture" the heart outline in the photos. I disagree--I think they just needed to turn up the contrast a little.

But the evidence of the heart sticker outline will probably get excluded IMO. You can't present as "evidence" photos in which only some people can see hearts, especially if there is no evidence that there was any sticker residue on that area of the tape.

Buzzkill.

 

[AZlawyer]

Buzzkill.

But I'm only killing the buzz I brought into the thread myself, by matching up the sticker backing with the heart shape on the tape! Surely it's OK to kill your OWN buzz, right? :waitasec: