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

[SuziQ]

O/T Court appearance to be live fed in Chelsea King case in 20 minutes:

[ame="http://www.websleuths.com/forums/showthread.php?t=97485"]Court Appearance-3-9-10 - Websleuths Crime Sleuthing Community[/ame]

 

[Mensch]

Originally Posted by Soju:
Respectfully snipped
..."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 am looking for the source of CA's statement but she is trying to cover her bum on that statement and this is presents a legal problem when deciding if it was an "excited utterance" as outlined.

She NOW says the only reason she told that to police was to get them to come to her house sooner.

So, if she was so excited she had to 'lie' to police to get them to her home sooner, then she was indeed 'excited' and feared something terribly wrong.
How can she have it both ways? I think the 911 call will be admitted. JMO

 

[The World According]

Listen to this longer version of the 911 tape, Cindy cannot even breathe, she is about to pass out..she is in agony!!! [ame]http://www.youtube.com/watch?v=UodiwWf7fHw[/ame] Then we see Cindy speak to reporters that she made that up to get the police out to her home. Greta didn't buy it. The jury wont either, in my opinion.

 

[LolaMoon08]

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.

It looks to me like Jose is trying to use Cindy's July 3rd Myspace blog as evidence that Cindy knew Caylee had been missing for "quite some time."

I can only imagine Brad sitting there with Cindy last night explaining to her what this motion implies. Brad has to know that this is only the beginning.

Think about it, Cindy and George have been on several shows saying that they have not talked to Casey since she was arrested on Oct. 14th 2008. Cindy sends DC out into the woods off of Suburban Drive in November 2008 looking for a dead Caylee... guess what that means? Not only was Cindy the only person to know that Caylee was deceased but she knew exactly where Caylee was. How could Casey have told Cindy when Cindy says that when Casey was out on bond that they never talked about the case and they have not talked at all since she was arrested the last time?

He'll use her lies and her behavior too. Cindy and Casey's relationship was extremely bad. They'll use Cindy's words she spoke at the memorial about having three children. They'll say that Cindy cremated Caylee to spite Casey. They'll have Shirley's statements about how Cindy wanted full control over Caylee. They'll have the statements made by George and Lee about the relationship between Cindy and Casey. They'll use the deposition (at MM) to show how crazy Cindy actually is. How spiteful and angry she is. They'll use Casey's friends statements about how Cindy was towards Casey and Caylee.

Of course all of this may never make it to trial... but Jose is going to file motions, just as he did with Roy Kronk, that imply that Cindy is the one responsible for Caylee's death. He may even say that Cindy hired people to kidnap Caylee and something went horribly wrong and Cindy had them discard Caylee close to home with evidence that would implicate Casey.

You'll have Cindy cleaning out the car... why would she clean out the car if it smelled like a dead body? She even sent George back to work saying "I'll deal with Casey." You have George screaming to the media that "the body that was in my granddaughter's trunk was not my granddaughter." Cindy says someone else snuck into the towyard and put someones body in the trunk and went back and removed it. How would Cindy know this.

I'm telling you, Cindy is livid right now. She's digging through that brain of hers and thinking about all the things she has said and done that could make it seem like she had something to do with Caylee's murder.

I'm wondering if Jose is on vacation right now... somewhere far, far away from Cindy's reach?

 

[Jolynna]

The car isn't a random location. It is the last place anyone besides KC saw Caylee alive. George said he carried Caylee out to the car on June 16 and put Caylee in her car seat.

In her state deposition, Cindy, on page 305, says she is a nurse that is familiar with the smell of dead bodies and that she has debrided rotting flesh. http://www.wftv.com/pdf/21310288/detail.html

The part of the 911 call that Baez wants excluded is Cindy's direct observation of the condition of the car where Caylee was last seen alive by someone besides KC. Cindy was reporting a crime, a kidnapping, when she made that phone call. She was relaying facts. She said that the car smelled like a dead body.

 

[logicalgirl]

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..."

with my reading here, but I stopped to think how Cindy is going to like the twist of reality. Sure, Cindy did know Caylee was missing from the Anthony home where she had lived since birth. I think this might even be called empty nest syndrome - kids grow up and leave home, taking dependents with them.

But, Cindy knew she and Casey had a knock-down dragout row on the 15th, and was expecting Casey to bring Caylee back to her home, her bed, her toys and most of all, her "adoring grandparents."

Cindy did not know Caylee has disappeared off the face of the earth.
I know Cindy has done everything in her power to shield just how guilty Casey is. But those two do still have an animosity jealousy pulling between them, and I don't think Cindy will be able to take being the one who takes any blame. Cindy is going to freak out under this kind of pressure because of who it paints her to be, and because underneath it all, she really did love little Caylee to the best of her ability.

So it's gonna come down to Cindy's reputation or face she presents to the world and her love for Caylee versus her love for Casey.

I'm not convinced Casey will win this round.

 

[ohiogirl]

Cindy has tried repeatedly to back pedal about the 911 calls. She knows they hurt Casey. She would be thrilled, imo, to have them out of the trial. It won't happen, imo, but she would really like to take her statements back.

 

[LolaMoon08]

with my reading here, but I stopped to think how Cindy is going to like the twist of reality. Sure, Cindy did know Caylee was missing from the Anthony home where she had lived since birth. I think this might even be called empty nest syndrome - kids grow up and leave home, taking dependents with them.

But, Cindy knew she and Casey had a knock-down dragout row on the 15th, and was expecting Casey to bring Caylee back to her home, her bed, her toys and most of all, her "adoring grandparents."

Cindy did not know Caylee has disappeared off the face of the earth.
I know Cindy has done everything in her power to shield just how guilty Casey is. But those two do still have an animosity jealousy pulling between them, and I don't think Cindy will be able to take being the one who takes any blame. Cindy is going to freak out under this kind of pressure because of who it paints her to be, and because underneath it all, she really did love little Caylee to the best of her ability.

So it's gonna come down to Cindy's reputation or face she presents to the world and her love for Caylee versus her love for Casey.

I'm not convinced Casey will win this round.

Of course Cindy did not know that Caylee was missing but that isn't going to stop Jose (with Casey most likely 100% behind it) from implying that Cindy is to blame for what has happened to Caylee.

It's been mentioned for a long time here on Webslueths that Cindy could eventually be thrown under the bus by Casey and the defense. The members here at Webslueths are the best and most accurate slueths I have ever witnessed so it comes as no surprise that the defense has gone this route.

The problem for the defense is that as much as we despise Cindy Anthony and the things she has said and done, we know she didn't kill Caylee. She may have obstructed justice and tampered and detroyed evidence (which I believe with all my heart she will eventually be charged with) but she did not kill Caylee.

I agree that Cindy will not take the blame and if I was a reporter I would have set up a camera at Jose' office just in case Cindy went there and made a scene. Brad must have tied her down "9 to 5" style.

 

[lawlady84]

OH MY GOD. I think the Defense forgot this is a murder trial of the defendant's daughter.

On page 5 of the memo of law, arguing the 911 call wasn't an emergency: "Neither Cynthia nor Casey Anthony were in any immediate danger of any kind."

... What about Caylee? The Defense is almost arguing, "Come on, judge, we all know Cindy knew the baby was dead for a month, what's the emergency? What's another 31 days?"


I don't believe a rational defense attorney would made this kind of motion in earnest. I now firmly believe this is Ms. Lyon's attempt to warn the prosecution if they keep the death penalty on the table she is going to challenge every piece of evidence under the 8th amendment - since she clearly believes the death penalty is cruel and unusual punishment. Almost saying, "well it's up to the judge to determine if this otherwise-obviously-admissible piece of evidence lives up to the 'heightened' standards of a capital trial..."

Note weaved in to all these motions is the continued reference to "a capital crime." Not murder, not homicide, not killing. I think AL is staking her position that this is all about the death penalty for her.

 

[JSR]

:waitasec: Over kill to get "the fight" the evening of the 15th tossed?

Yes, of course. Because I believe that's what led to Caylee being killed.

Even her own grandmother tagged it. Casey hates her mother more than she ever loved Caylee, if she ever loved her at all. Sociopaths can't feel "real" emotion. So I think there isn't a person on this planet Casey ever really loved, except maybe herself.

 

[LambChop]

OH MY GOD. I think the Defense forgot this is a murder trial of the defendant's daughter.

On page 5 of the memo of law, arguing the 911 call wasn't an emergency: "Neither Cynthia nor Casey Anthony were in any immediate danger of any kind."

... What about Caylee? The Defense is almost arguing, "Come on, judge, we all know Cindy knew the baby was dead for a month, what's the emergency? What's another 31 days?"


I don't believe a rational defense attorney would made this kind of motion in earnest. I now firmly believe this is Ms. Lyon's attempt to warn the prosecution if they keep the death penalty on the table she is going to challenge every piece of evidence under the 8th amendment - since she clearly believes the death penalty is cruel and unusual punishment. Almost saying, "well it's up to the judge to determine if this otherwise-obviously-admissible piece of evidence lives up to the 'heightened' standards of a capital trial..."

Note weaved in to all these motions is the continued reference to "a capital crime." Not murder, not homicide, not killing. I think AL is staking her position that this is all about the death penalty for her.

And defense says their worried she can't get a fair trial because of what is being put out there in the media to be read. JMO

 

[JSR]

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.

Couldn't agree more. It's like they think the SA doesn't know the rules of evidence.

Most if not all of these statements can be brought in from a direct party. The SA doesn't need testimony from a third party.

Also many times the strategy is to bury the other side in motions. I had one case that OPC filed 16 yes 16 bloody MSJ's. And filing all those oppositions was truly brutal.

 

[JSR]

BTW I'm glad the WS community can finally say I told you so to Cindy and Company. We knew for a long long long time that it was only a matter of time before the bus began rolling towards her. Well guess what Cindy! TADA the bus has arrived. Please step outside so Casey the bus driver can roll over you.

Hold on to your hats folks I have a feeling we ain't seen nothing yet.

 

[logicalgirl]

Of course Cindy did not know that Caylee was missing but that isn't going to stop Jose (with Casey most likely 100% behind it) from implying that Cindy is to blame for what has happened to Caylee.

It's been mentioned for a long time here on Webslueths that Cindy could eventually be thrown under the bus by Casey and the defense. The members here at Webslueths are the best and most accurate slueths I have ever witnessed so it comes as no surprise that the defense has gone this route.

The problem for the defense is that as much as we despise Cindy Anthony and the things she has said and done, we know she didn't kill Caylee. She may have obstructed justice and tampered and detroyed evidence (which I believe with all my heart she will eventually be charged with) but she did not kill Caylee.

I agree that Cindy will not take the blame and if I was a reporter I would have set up a camera at Jose' office just in case Cindy went there and made a scene. Brad must have tied her down "9 to 5" style.

Agree re WS'ers sleuthing abililties and forecasting throwing Cindy under the bus.

I couldn't "see" how the Defense was going to do that - but now we have foreshadowing of what's to come.

I believe like you Cindy is guilty of obstruction, evidence tampering and destroying evidence and want to see her charged when this is over.

We saw only a blip of the true grandmother during the frantic 911 call. Think about Cindy during the memorial - three children - Cindy wanted to be the centre of attention. I think she deliberately had a cremation rather than a burial to punish Casey and show her she had the upper hand.

There is no way on this earth Cindy will allow Casey to be the fall guy in this case. It was one thing for Cindy to defend Casey because as George said we don't want to believe someone we've raised could do something like this. But Cindy was defending her own reputation as a mother, plus defending Casey - against the world.

This fight will be Cindy against Casey - with Cindy ending up as either "the bad guy" or the "good guy" - and no in between. We've seen Cindy act out before, but if Baez really tries this, I think we'll see Cindy act out as never before. Cindy's actions in defending Casey have been an act of defending herself and in her mind - how good a mother she was.

I wonder what Brad is doing today - or if he's gone into hiding. Because I know one thing for sure - Cindy is rummaging around in her closet looking for the infamous green sweater, and once she understands what Baez is up to, what WSers have understood for some time now - Cindy will be looking for a rumble! If Casey thought the fight on the 15th was bad - this is going to get really nasty. When the fight comes down to only Cindy vs Casey, self preservation for Cindy will kick in.

What I hope is Cindy flips and ends up on the side of the SA. I can dream can't I? I'd so love to see that!

 

[logicalgirl]

Of course Cindy did not know that Caylee was missing but that isn't going to stop Jose (with Casey most likely 100% behind it) from implying that Cindy is to blame for what has happened to Caylee.

It's been mentioned for a long time here on Webslueths that Cindy could eventually be thrown under the bus by Casey and the defense. The members here at Webslueths are the best and most accurate slueths I have ever witnessed so it comes as no surprise that the defense has gone this route.

The problem for the defense is that as much as we despise Cindy Anthony and the things she has said and done, we know she didn't kill Caylee. She may have obstructed justice and tampered and detroyed evidence (which I believe with all my heart she will eventually be charged with) but she did not kill Caylee.

I agree that Cindy will not take the blame and if I was a reporter I would have set up a camera at Jose' office just in case Cindy went there and made a scene. Brad must have tied her down "9 to 5" style.

Agree re WS'ers sleuthing abililties and forecasting throwing Cindy under the bus.

I couldn't "see" how the Defense was going to do that - but now we have foreshadowing of what's to come.

I believe like you Cindy is guilty of obstruction, evidence tampering and destroying evidence and want to see her charged when this is over.

We saw only a blip of the true grandmother during the frantic 911 call. Think about Cindy during the memorial - three children - Cindy wanted to be the centre of attention. I think she deliberately had a cremation rather than a burial to punish Casey and show her she had the upper hand.

There is no way on this earth Cindy will allow herself to be the fall guy in this case. It was one thing for Cindy to defend Casey because as George said we don't want to believe someone we've raised could do something like this. But Cindy was defending her own reputation as a mother, plus defending Casey - against the world.

This fight will be Cindy against Casey - with Cindy ending up as either "the bad guy" or the "good guy" - and no in between. We've seen Cindy act out before, but if Baez really tries this, I think we'll see Cindy go way over the top defending herself. Cindy's actions in defending Casey have been an act of defending herself and in her mind - how good a mother she was.

I wonder what Brad is doing today - or if he's gone into hiding. Because I know one thing for sure - Cindy is rummaging around in her closet looking for the infamous green sweater, and once she understands what Baez is up to, what WSers have understood for some time now - Cindy will be looking for a rumble! If Casey thought the fight on the 15th was bad - this is going to get really nasty. When the fight comes down to only Cindy vs Casey, self preservation for Cindy will kick in. Just think about how messy this could get and what a truly angry Cindy could say about Casey.

What I hope is Cindy flips and ends up on the side of the SA. I can dream can't I? I'd so love to see that!

 

[BeanE]

Bombshell! State files Motion to Exclude Highjinks, Shenanigans, and Tomfoolery by the Defense!

 

[JSR]

Exactly...this is one of the most truthful things CA has said, due to excited utterance.

And I would venture to say it's the only truthful thing Cindy has done, since Day 31.

 

[sleutherontheside]

In light of the recent motions.....I'd like to list a few notable quotes from AL. The sources of these quotes can be found in the AL Lecture thread.

Developing case theory, organize trial file. In private practice and you hang a jury it is in closing…you have to have enough money to trial again. If you are a public defender you get same money so you can do it over and over.

Motions index…most of time state doesn’t answer most of time I have to ask judge to order the state answer it. I keep comments. Nice to hand judge index too. It is intimidating at 3 pages long. Maybe you will get that deal in order to avoid litigating motion.

One motion matters out of 2000. Narrow focus of case, convince client you are a real lawyer. Motions manuals out there. I have some on my site You can download and steal anything you like.

What do I wish wasn’t there..is there a confession lets write a motion

Ladies and gentlemen...I've made my point.

 

[kaRN]

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?

Actually he's right that CA should have acted. She was obligated as an RN to take action to protect a child at risk but didn't. Had she, KC wouldn't have had the opportunity to murder her. But I'm referring to what CA should have done months prior to 'the event'.

Just throwing that out there. ITA with your post. CA was too afraid of losing her daughter to protect her grandaughter and now she's lost them both plus her career.

 

[JSR]

Agree re WS'ers sleuthing abililties and forecasting throwing Cindy under the bus.

I couldn't "see" how the Defense was going to do that - but now we have foreshadowing of what's to come.

I believe like you Cindy is guilty of obstruction, evidence tampering and destroying evidence and want to see her charged when this is over.

We saw only a blip of the true grandmother during the frantic 911 call. Think about Cindy during the memorial - three children - Cindy wanted to be the centre of attention. I think she deliberately had a cremation rather than a burial to punish Casey and show her she had the upper hand.

There is no way on this earth Cindy will allow herself to be the fall guy in this case. It was one thing for Cindy to defend Casey because as George said we don't want to believe someone we've raised could do something like this. But Cindy was defending her own reputation as a mother, plus defending Casey - against the world.

This fight will be Cindy against Casey - with Cindy ending up as either "the bad guy" or the "good guy" - and no in between. We've seen Cindy act out before, but if Baez really tries this, I think we'll see Cindy go way over the top defending herself. Cindy's actions in defending Casey have been an act of defending herself and in her mind - how good a mother she was.

I wonder what Brad is doing today - or if he's gone into hiding. Because I know one thing for sure - Cindy is rummaging around in her closet looking for the infamous green sweater, and once she understands what Baez is up to, what WSers have understood for some time now - Cindy will be looking for a rumble! If Casey thought the fight on the 15th was bad - this is going to get really nasty. When the fight comes down to only Cindy vs Casey, self preservation for Cindy will kick in. Just think about how messy this could get and what a truly angry Cindy could say about Casey.

What I hope is Cindy flips and ends up on the side of the SA. I can dream can't I? I'd so love to see that!

Excellent post. And I agree with everything you say. But I also can't help but think if CA is deranged enough to WANT to be accused of Caylee's murder so she can help get her daughter off.

The question is if Cindy wants to be the martyr in this case? Wouldn't that be the ultimate sacrifice a mother could make?