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

[LiveLaughLuv]

Page 8

"Despite the fact that she says she just found out her granddaughter had been taken and was missing, the fact remains that the child had been missing for a month and Cynthia Anthony was aware of that fact."

Page 10

"Cynthia Anthony is not a child, in good physical and mental health, and though she found out upsetting news the subject matter of the calls are things she had been dealing with for some time"....

I had a feeling this would be about CA. She will be the one tossed under the bus as she tossed others under the bus...Karma at work???

So, is this to mean, CA was aware that Caylee was missing before her infamous 911 call on July 15th, so since she had time to reflect and had been dealing with these issues before her call, those 911 calls should be deemed inadmissable?? Her myspace posting of July3, does allude to her knowing about Caylee, doesn't it???

I wonder if KC is using the law library and Baez asked her to compile this. Seems to be get back at CA time...:angel:

I feel Judge Strickland will come to the conclusion that the Anthony family and the truth are strangers.

 

[Intermezzo]

http://www.cfnews13.com/uploadedFil...ude Hearsay Evidence, Gossip and Innuendo.pdf

Page 8 (referring to Cindy)

"She also brought up the fact that Caylee Anthony, referred to as a "three year old" had been missing for a month and that Casey Anthony was not telling anyone where her daughter is. This call was not made when the child was first missing, but thirty-one days later, meaning it was not new information"

Yet wasn't this information NEW Cindy who was placing the 911 call and reporting Caylee missing?
The information was only old to Casey (and no one else), who did not report Caylee missing.

 

[Intermezzo]

Wonder how Cindy feels about what the Defense is stating about her and Caylee.
That it was not an Emergency when she reported Caylee missing but an investigatin.
The she was not under stress that Caylee was missing because she had known about it.

Page 11
"That there is no evidence that Cynthia Anthony was under stress of a startling event."
"That there was no immediate emergency..."

 

[Aedrys]

http://www.cfnews13.com/uploadedFil...ude Hearsay Evidence, Gossip and Innuendo.pdf

Page 8

"Despite the fact that she says she just found out her granddaughter had been taken and was missing, the fact remains that the child had been missing for a month and Cynthia Anthony was aware of that fact."

Page 10

Yes, she knew, AND DID NOTHING ABOUT IT until 31 days elapsed. Are we trying to point the finger at Cindy, Baez? Oh wait, Casey didn't do anything for a month either, except party and enjoy her life Caylee free after MURDERING her.

"Cynthia Anthony is not a child, in good physical and mental health, and though she found out upsetting news the subject matter of the calls are things she had been dealing with for some time"....are they alluding to the July 3rd My Caylee is Missing post?

So it's okay for Cindy to have known for a month and not do anything to search and find Caylee for a month? Why would you refer to a post you're probably trying to get tossed in another motion (ITA that's referring to her Myspace post)? And thanks for letting us know Cindy isn't a child because her actions and words were so childish, we thought she was a child. Thanks for clearing up that awful confusion for us.

:waitasec:
W.T.Hay
The Defense says in the same paragraph Cindy just found out Caylee was missing and also says Cindy was aware Caylee was missing for a month. :doh: IMO these are accusations against Cindy.

Also, do I understand this correctly? Page 9.
A child reported missing is not an emergency but an investigation because 31 days has elapsed since the child "was taken"?

All I have to say is, the defense's logic does not match our earth logic. Like any juror is going to fall for this crap? It actually makes Casey look worse to put it this way!

All in red is mine. Wow, they are throwing Cindy under the bus already! I wonder if she has read this motion. She must be all kinds of furious if she has.

And do they really think the jurors are just going to leave all common sense at the door? I mean, really, this is some of the most flawed logic I have ever heard. It's insulting to even call this bs logic!

 

[LiveLaughLuv]

Thursday, July 03, 2008

Current mood: http://x.myspace.com/images/blog/moods/iBrads/sad.gif distraught

She came into my life unexspectedly, just as she has left me. This precious little angel from above gave me strength and unconditional love. Now she is gone and I don’t know why. All I am guilty of is loving her and providing her a safe home. Jealousy has taken her away. Jealousy from the one person that should be thankfull for all of the love and support given to her. A mother’s love is deep, however there are limits when one is betrayed by the one she loved and trusted the most. A daughter comes to her mother for support when she is pregnant, the mother says without hesitation it will be ok. And it was. But then the lies and betrayal began. First it seemed harmless, ah, love is blind. A mother will look for the good in her child and give them a chance to change. This mother gave chance after chance for her daughter to change, but instead more lies more betrayal. What does the mother get for giving her daughter all of these chances? A broken heart. The daughter who stole money, lots of money, leaves without warning and does not let her mother now speak to the baby that her mother raised, fed, clothed, sheltered, paid her medical bills, etc. Instead tells her friends that her mother is controlling her life and she needs her space. No money, no future. Where did she go? Who is now watching out for the little angel?

On July 7, Casey Anthony wrote the following entry on her MySpace page. The entry was subsequently deleted:

On the worst of worst days,
Remember the words spoken.

Trust no one,
only yourself.

With great power,
comes great consequence.

What is given,
can be taken away.

Everyone lies.

Everyone dies.

Life will never be easy.

On the worst of worst days,
Remember the words spoken.

Hold your head high.

Smile.

Laugh.

Love unconditionally.

Tomorrow is a brand new day.

These two were in contact by way of the internet. Seems the rivalry has been there for a very long time. Could also be what Baez is alluding to. However, when the car was picked up at the tow yard, right then and there the police should have been called and they should have went on to look for KC, IMO..CA now, after time to reflect knows how damaging her words are for KC and will try to offer that she may have over reacted to try and soften the thoughts. CA is a loose cannon, when on the stand, this comes up, we will observe another Morgan depo..

but the proof is in the pudding. The car, the swamp where Caylee was finally found, all the evidence with Caylee pointed back to the Anthony home. Who will they say had a key other than the family and KC??? Same with the car, they will try and get that thrown out since it sat for days until impounded. Someone else put a dead body in the trunk..:waitasec:

I'm surprised this motion doesn't cover the car!

JMHO

Justice for Caylee!

 

[strawberry]

I had a feeling this would be about CA. She will be the one tossed under the bus as she tossed others under the bus...Karma at work???

So, is this to mean, CA was aware that Caylee was missing before her infamous 911 call on July 15th, so since she had time to reflect and had been dealing with these issues before her call, those 911 calls should be deemed inadmissable?? Her myspace posting of July3, does allude to her knowing about Caylee, doesn't it???

I wonder if KC is using the law library and Baez asked her to compile this. Seems to be get back at CA time...:angel:

I feel Judge Strickland will come to the conclusion that the Anthony family and the truth are strangers.

I'm not one who believes the A's knew something had happened to Caylee before they found KC. I think she thought she was being a spiteful B and not allowing them to talk to Caylee so they would worry. But who would actually think that such a horrible thing has actually happened. Caylee was missing...from them. But on the 15th CA knew that she was missing FROM KC. So JB is off his rocer as usual. And I think even as frantic as CA was, in a way she was relieved b/c she at that point did have murder in the corner of her mind and KCs lie gave her an alternative explanation to cling to. Anyway, I think the bus is headed CAs way. JMO

 

[zoey]

I'm not one who believes the A's knew something had happened to Caylee before they found KC. I think she thought she was being a spiteful B and not allowing them to talk to Caylee so they would worry. But who would actually think that such a horrible thing has actually happened. Caylee was missing...from them. But on the 15th CA knew that she was missing FROM KC. So JB is off his rocer as usual. And I think even as frantic as CA was, in a way she was relieved b/c she at that point did have murder in the corner of her mind and KCs lie gave her an alternative explanation to cling to. Anyway, I think the bus is headed CAs way. JMO

I think the bus will never stop at any one stop---I think they will keep putting people under it until they think it stuck....kc had been feeding ca with the lies about the whereabouts of Caylee---if anyone should have called it should have been the mom not the ca.....

 

[zoey]

Thursday, July 03, 2008

Current mood: http://x.myspace.com/images/blog/moods/iBrads/sad.gif distraught







On July 7, Casey Anthony wrote the following entry on her MySpace page. The entry was subsequently deleted:




These two were in contact by way of the internet. Seems the rivalry has been there for a very long time. Could also be what Baez is alluding to. However, when the car was picked up at the tow yard, right then and there the police should have been called and they should have went on to look for KC, IMO..CA now, after time to reflect knows how damaging her words are for KC and will try to offer that she may have over reacted to try and soften the thoughts. CA is a loose cannon, when on the stand, this comes up, we will observe another Morgan depo..

but the proof is in the pudding. The car, the swamp where Caylee was finally found, all the evidence with Caylee pointed back to the Anthony home. Who will they say had a key other than the family and KC??? Same with the car, they will try and get that thrown out since it sat for days until impounded. Someone else put a dead body in the trunk..:waitasec:

I'm surprised this motion doesn't cover the car!

JMHO

Justice for Caylee!

BBM: give them time.....:angel:

 

[chefmom]

If this is the best they got, I'm not worried one little bit. KC is a goner.

 

[strawberry]

Page 8: She (CA) informed the 911 Operator that she wanted her daughter arrested for stealing money and fa car that had already been returned.

Umm, Jose, what had been returned, the car or the money? The money was reimbursed to SP by BOA, not by KC. And the car wasn't returned, it was abandoned and impounded. And who cares if they were returned? That sounds like his idea of reimbursing BOA for KC's check fraud case. It doesn't negate the fact that they were stolen in the first place! He infuriates me.

 

[strawberry]

Wow I wish I could copy and paste from these scans! JB is totally implying that CA should have called 911 since she had been aware that Caylee was missing from the home for a month!! "There is nothing the police can respond to at the home as the child has already been missing for a long period of time." WTH? Whose fault is that? Think he's mad that CA was trying to replace him?

 

[AZlawyer]

I think lots of the statements they listed will be excluded as hearsay, but will come in through direct witnesses. I also think that the State had no intention of trying to admit obvious hearsay statements.

This reminds me of my first law firm. Litigation associates were judged, in part, based on how many motions they won. So some people would file unnecessary motions to get "easy wins"--i.e., "Motion for 3-Day Extension of Time to Reply."

I think the defense wants to get something in the "win" column. The SA knows perfectly well how to get its evidence in, and was not planning to get it in third-hand.

Now, some of these things are going to be excluded as hearsay UNLESS AND UNTIL someone LIES about these issues, and then the statements will come in under the rule for prior inconsistent statements of a witness.

 

[The World According]

I have two favorite saying for this case
1. You just can't make this stuff up!!!!
2. Mrs. Drane-Burdick is going to MOP THE FLOOR WITH THIS NONSENSE!!!

Check her out.....she is calm...but SURE!!!! [ame]http://www.youtube.com/watch?v=Ae5J_ObjkTw[/ame]

 

[strawberry]

Quoted from motion

[In addition, the statement in the 911 calls do not meet all three requirements for an excited utterance, namely the second and third requirements. Cynthia Anthony was still not under the stress of her car being stolen or her granddaughter going missing. Her car had been returned and her granddaughter had not been staying at the house for thirty-one days.

Furthermore, there is a significant amount of time between the two calls, giving Cynthia Anthony time to reflect and regain her composure before calling again to supplement the first call. Time also could have passed between the moment that Casey Anthony informed her mother that the child had been missing for thirty-one days at the moment 911 was called. There is no evidence that Cynthia Anthony was under stress of a startling event[/I]

Wow! Wow! Wow! They have got to be kidding me!
:furious:

I am not a lawyer but I can tell you that they will not get the 911 call thrown out.

Respectively snipped. Great post! Time passed between the two 911 posts, during which time CA found out that KC was not just being stubborn about taking her to a sleeping Caylee, but that the babysitter had supposedly stolen her! This does not allow time to gain composure it causes panic to escalate! And he tries to twist KC's sociopathic calmness into "they had been dealing this for quite some time." As if CA's was the strange reaction and not KCs!!!!!!

And, oh they were not in danger. No but they're toddler child/grandchild was!! I hope this goes to a hearing and the State chews them up and spits them out. As much as I despise CAs efforts to gain public support and distort the truth, to act like calling 911 was unnecessary and whatever is unacceptable. It was CA's most honest, most understandable andmost identifiable moment.

 

[Jolynna]

There's a big difference between a granddaughter purposefully being kept away by KC because of spite and jealousy and a kidnapped granddaughter.

Cindy may have known that Caylee wasn't in her (Cindy's) house for 31 days, but until July 15, she was being told by KC that KC had her(or at least knew where Caylee was). On July 15, KC told Cindy in front of Amy (a witness with no bone in the dogfight) that Caylee was with a babysitter and couldn't have her routine disturbed.

It wasn't until KC knew that cops had been called and were supposedly on their way to the Anthony house that KC came up with "oops, I just remembered Caylee's been kidnapped". Until then I think Cindy thought she could browbeat KC into taking her to Caylee. She called LE to help her browbeat. Things got serious and went from a "control" issue to scary when KC said she didn't know where Caylee was.

Hysterical, and scared, even George's reassurance that the stink was from a pizza couldn't keep the "decomposition nurse", who had debrided rotting flesh, from blurting out an expert opinion of what the car odor smelled like.

 

[kaRN]

Just wanted to quickly chime in to clarify something. It seems a lot of posters are misunderstanding the "excited utterance" thing. Here it is in a nutshell:

Hearsay is generally inadmissible, BUT, it IS admissible if it is an "excited utterance". That means something that you just busted out with suddenly because you were really worked up in the moment. Excited utterances ARE admissible because they are more likely to be TRUE due to the heat of the moment. When someone's in an excited or worked-up state, they aren't thinking about what they're saying, therefore they're less likely to be lying, therefore excited utterances are admissible as exceptions to the hearsay rule.

What Baez is saying is that on the 911 call, cindy wasn't really "excited", and that her comment about the car smelling like a dead body wasn't said in any sort of passionate way, that maybe her and casey had been talking for a while between calls, she wasn't really worked up, and therefore her comment about the car smell should NOT be admissible as an exception to the hearsay rule.

IMO, cindy screaming into the phone that "it smells like there's been a dead body in the damn car" is about as excited and worked up as someone can get. No way will that call be excluded.

I don't want to sound like a teacher, but I just noticed a lot of posters had it kind of backwards, and hoped I could help clarify.

You sound like a good teacher so thank you. Some of us need the schooling and it`s appreciated!

 

[LambChop]

Plus CA said in a statement that she had no reason to believe that Caylee was in any danger because she was with her mother. By law CA could not stop KC from leaving with Caylee so when CA caught up with her and demanded to know where Caylee was her expressions were in real time not an ongoing casual discussion about what happened a month ago. CA was frantic and it is in her voice. CA's perception was this is an emergency and I need LE here NOW!!!! JMO

 

[kaRN]

Until I followed this case I had never heard the term 'excited utterance' but Cindy's call defined it for me. I am a layperson but I know excited, stressed and frantic when I hear it.

It`s also relevant that this excited utterance came from an individual trained to remain cool and calm in a crisis. Cindy`s voice in the last 911 especially, vibrates she`s so stressed.

 

[The World According]

Until I followed this case I had never heard the term 'excited utterance' but Cindy's call defined it for me. I am a layperson but I know excited, stressed and frantic when I hear it.

Yes, you do ZsaZsa...and so will the good taxpayers on Casey's jury!!! If the defense gets in front of them and starts arguing any of these silly angles they are going to lose the jury in OPENING STATEMENTS!!

[ame]http://www.youtube.com/watch?v=aHVNM_CLiAU[/ame]

 

[nobodyzgirl]

Yep...And I noticed the motion referenced the second 911 call-IIRC, during that call, we hear CA threaten to take custody of Caylee because that's how Casey wants to play it...I began to wonder if they want that whole thing out, too, because it goes back to that matriarchal tension that would've required a Ginsu to slice.

If you notice in the motion, the second 911 call was placed a month earlier than the first 911 call (second 911 call - page 5, line 14 - first 911 call: page 4, line 19) :waitasec:. Someone did not proofread the motion very well...