2010.06.09 Prosecutors File for 911 Calls to Come into Trial

[AZlawyer]

Is the judge allowed to read/see/research all the public info on this case, or is he restricted to only seeing what is presented in court?


Could George Anthony's health be a legal reason for Cindy Anthony not showing up?

BTW AZlawyer, thank you kindly for all your answers.

No, the judge is not allowed to research things on his own. If he sees the news, it is no big deal as long as he doesn't let it influence him, but he cannot, according to judicial ethics, just go on the internet and start reading the released documents. He is only supposed to consider the evidence actually presented to him, and the released documents are not "evidence"--they are just disclosures. They contain lots of inadmissible hearsay, irrlevant information, etc.

 

[The World According]

I'll tell ya that the answer to your question, is yes, the judge is aware of the forensics in this case and George Anthony's grand jury testimony. He was the judge!!!!
[ame]http://www.youtube.com/watch?v=Ts2Db9WEViA[/ame]

There were only a very few other witnesses called to the stand, apparently what they had to say was compelling because we know she was indeed indicted that day.
We can't unring that bell of what he heard , eh? My understanding is that George testified for an hour, Yuri, an FBI agent and possibly someone from the Oakridge Lab testified. So this means this judge has heard all of that. Can you imagine? The defense started out with Judge Strickland who has never ever sentenced anyone to death, and wound up with the very judge that has already heard all the forensics on this case, a judge that has actually attended a execution after sentencing the person to die. Wow!! I mean it , there is no way, you just can't make this stuff up!!! [ame]http://www.youtube.com/watch?v=o2ZCsL6Olzg[/ame]
[ame]http://www.youtube.com/watch?v=XlsoDQk7u1w[/ame]
The only thing the prosecution wants to wants to establish is that Casey Anthony overheard Cindy call the police and that is where her story began. I'll bet everything I earn this year Cindy Anthony takes the stand and says Casey was out of earshot. Thus...we have Lee being subpoenaed too, in the hope that we can get to the truth through him, especially once his memory is refreshed by showing him how he already detailed this in his state depo/interview.
I wouldn't wanna be Brad Conway this week for anything! Mom and Pop had their suit coats on the day that Dianna Tennis argued for Dominic Casey not to have to testify in court. If you recall, they were going to have to testify that morning, and then it worked out that they did not. It was the now famous December 11, 2009 hearing [ame]http://www.youtube.com/watch?v=xAuXZ3jqJ70[/ame] Remember mom and pop were going to be called to the stand to determine what possible reason a confidentiality agreement was being confused by Baez as privilege. It turned out that the judge did not need to hear from them, he decided that the State could interview him under a state subpoenaed investigative interview. They were nervous, but they were indeed there.
[ame]http://www.youtube.com/watch?v=ll2_ktstwks[/ame]

 

[Nore]

Is the judge allowed to read/see/research all the public info on this case, or is he restricted to only seeing what is presented in court?


Could George Anthony's health be a legal reason for Cindy Anthony not showing up?

BTW AZlawyer, thank you kindly for all your answers.

--------------------------------
IMO she is going to lie like a rug.If She comes through this without going to jail it will be a miracle.she is so mean,her face shows it on the tape.I would be afraid to be around her..

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Sorry. I put this in the wrong place..

 

[The World According]

[ame]http://www.youtube.com/watch?v=Ru70AmTNHaQ[/ame]
[ame]http://www.youtube.com/watch?v=ZNZHO2EnZRw[/ame]
Lee told the truth about Casey to the police from jump.
Now that she has lied and accused him of molesting her, for years, I imagine he is far removed from any warped family loyalty bs Cindy may have been trying to guilt him into over these last two years.

This is the section he is going to be asked about...was Casey able to overhear Cindy calling 911. Answer yes

Lee Anthony describing that night with his sister on the 15th of July, 2008

Casey to Lee "You wanna know the truth, I haven't seen Caylee in 31 days.
I haven't seen my daughter in 31 days. "
Lee: She was crying, not balling mind you, just lightly crying.As she was conveying that to me, I was trying to whisper to her, who, what, where, when , she says Caylee was kidnapped , she was speaking in generalities
mom comes in the room, the very first words out of mom's mouth
What have you done?
Casey answered her
I don't know where Caylee is
My mom starts yelling at her
"Who took her, who took her"
Casey "The Nanny did mom"
Lee: Mom hit her fist on the bed, "We could have found her a month ago".
Now my sister is done crying, she is mad!

Lee : Now at this point they are fighting about things that have nothing to do with this
they are arguing, yelling about things in the past.
-------------------------------------------
"These fabrications demonstrate consciousness of guilt on the part of the defendant …" Read the document:

http://www.wftv.com/pdf/23858915/detail.html
www.orlandosentinel.com

Prosecutors in the Casey Anthony case filed a document Wednesday laying out arguments for letting jurors hear 911 calls made at the very start of the child murder case in July 2008.
But in Monday's nine-page filing, Assistant State Attorney Linda Drane Burdick argues that the 911 calls made by Cindy Anthony, the defendant's mother, should be heard. The prosecutor contends that the calls help show the progression of stories Casey Anthony told to explain the disappearance of her daughter Caylee Marie.

By the third call, Cindy Anthony is crying. "I found out my granddaughter has been taken," she tells the dispatcher. "She has been missing for a month. Her, her mother finally admitted that she's been missing."
Later in that call, she says, "There's something wrong. I found my daughter's car today and it smells like there's been a dead body in the damn car."

The calls show how "the defendant 'created' the kidnapping story after denying there was any problem locating Caylee Marie Anthony," Burdick states. "These fabrications demonstrate consciousness of guilt on the part of the defendant …"
We know that Cindy will not behave in Judge Perry's courtroom as she has in the civil depo, not for two seconds!!!

So yes, Mrs. Drane Burdick has it spot on...the story was born in that bedroom, on the fly! Stories at short notice are Casey's specialty. If you don't believe me, just ask George how many mini strokes he has had, and ask the hospital surgeons on the route to Tampa how often they miss a huge laceration like the one they missed on Zanny's ear. LOL!!!!!

 

[mitzi]

I can't answer your questions kushka, but I do believe the judge will be well versed on all the items up for debate on the 15th, including the tapes and various transcripts following them. He is always prepared and armed with case law no matter what or who arises in his court so I don't imagine this to be any different.
I think it'll be very interesting to see how CA comports herself in his courtroom. She won't be able to have BC parked with her at the front of the room, squeezing her hand to calm her and I don't imagine he'll be able to object. Just CA, assuming she's so much smarter than everyone else in the courtroom.
She's busy as a bee right now memorizing her depositions and the tapes to find a brand new middle of the road explanation that incorporates all her previous versions, I'm sure. And I'm sure she'll get caught up in her web of lies thereby proving hers were excited utterances on the tape, versus the contrived lies she's told ever since. I wouldn't be surprised if she hasn't called and or written BP already telling him how to run his court so he may have a good idea who and what CA's all about already.

But what a performance it will be. For starters I think she won't be able to take her eyes off KC and will have to be redirected back to the task at hand often. She'll be angry from the onset and attempt to morph into the grieving Gma but......the SA has her number and will morph her back to her normal state of rage. I don't think she really has any allies on the defense side either, she just doesn't realize it yet.

I picture Cindy getting called to the stand, and looking around, like "who me?" Then as she gets sworn in, she will say, "I didn't realize that I would be under oath."

After seating herself in the witness box, she will probably look longingly at KC, put her hands to her mouth, and then mouth to her "princess" "I love you!"

She will probably ask for water as when she lies, she gets dry mouth.

But the one thing I am looking forward to is when CA gets so angry and flustered by the questions the prosecution is asking her, that she will "lose it". Couldn't happen to a more deserving woman. :furious:

 

[The World According]

Video
http://www.wftv.com/video/23980452/index.html

From the WFTV link above Sheaffer remarks that the Defense's argument is weak. They want to claim that CA's statements to co-workers at Gentiva add more time for CA's careful consideration of things before calling 911. Sheaffer says no. What drove CA to an excited, worried state was her convos with KC after returning home. Paraphrasing Sheaffer, CA was still operating under emotionalism of events that culiminated in the "information" (for lack of a better word than "lies") laid out by KC.



Applying the Hearsay law to the 911 Calls richardhornsby
"Much of the State and Defense arguments have focused on whether Cindy Anthony’s 911 calls fall under one of the non-hearsay exceptions; such as Excited Utterance, Spontaneous Statement, etc.

However, the reason the State has indicated they wish to introduce the 911 calls is to show the context in which Casey Anthony made up her Zenaida Gonzalez kidnapping story; not to prove that anything that Cindy Anthony said to 911 was true."

And the State has gone so far as to specifically indicate they are only looking to introduce two of Cindy Anthony’s three 911 calls – the two 911 calls that Cindy Anthony made in Casey Anthony’s presence.

So the State is not offering the statements to prove that Casey’s car actually smelled like a dead body (but if denied, Cindy could still be impeached with the 911 call on this issue alone), or that Caylee was actually missing for 31 days, or that Casey actually stole the car – rather the primary reason for introducing the 911 calls is to show the circumstances in which Casey Anthony made up the kidnapping story to the 911 operator – to provide context to her lies.

And unfortunately for the defense, a similar circumstance was allowed by the Florida Supreme Court as recently as this year in McWatters v. State. http://scholar.google.com/scholar_ca...82932702290993

Understand? Good because I will not even bother discussing the fact that if they were considered non-hearsay, the introduction of them would be considered harmless error since Cindy Anthony is testifying at trial and the defense would have a full opportunity to cross-examine her on any “lies” she made to 911.
http://blog.richardhornsby.com/2010/...our-emergency/

"Jose Baez is a moron, that is both my professional and personal opinion."
- Richard Hornsby




http://blog.richardhornsby.com/
Richard Hornsby says:
December 30, 2009 at 12:26 pm
"I do think she will plead at the last minute, a trial would be suicide and only make things worse.
I need a break, maybe in a week or so."

http://blog.richardhornsby.com/2009/.../#comment-2094
Richard Hornsby says:
December 23, 2009 at 9:25 pm
"I also think Baez is scum of the earth (more on that in a few days) but he is"

 

[The World According]

But the weird thing is, in Cindy's mind it won't be perjury.:crazy: I am so hoping that LDB or someone from the SA's office will manage to trip her up when they point out her former statements in the depos.
What a preview to the trial this is going to be!

Yes , WA, they will trip her up. This aint their first rodeo! [ame]http://www.youtube.com/watch?v=k8wzfdpBPi4[/ame]
Absent what we know about Mrs. Anthony, if this were the lady that testifies, one could almost believe that she believes what she is saying. Misguided and in denial, just a sad figure she would be seen as and prayed for.

The thing is, she cannot hold up this act for very long. I know she is not the first narcissist Linda or Jeff have had to cross examine , and they know how to get her to reveal herself.

I have noticed with Cindy she is flattered easily. When this happens she somehow imagines the questioner to be sympathetic to her plight. She sees the deference of the news anchor, for an example as weakness.She gets lulled into complacency then and recklessly rambles in long narratives that defy common sense. Instead of cutting her off at the yes or no, in her case perhaps it is better to let her do so, as her position will immediately be recognized as not supported by the truth, she is extreme and exaggerates. Often.
I have noticed that Mrs. Anthony gets easily offended and gets defensive immediately, her grandiosity expands with an almost how dare you tone. This is when she begins talking louder or with more emphasis so she feels she is in control. She spoke to Mr. Morgan, Mr. Mitnick and his other lawyer as if they were beneath her, and out to get her.
With someone like her, this little nudge will reveal her anger. She has no self discipline that will last.
You repeat your question, verbatim until you get an answer.
You say things like I am going to put this in the simplest terms possible
are you having a hard time understanding my question
would it help you for the court reporter to read it back to you, etc

before you know it , we have this Cindy Anthony: [ame]http://www.youtube.com/watch?v=4FBqh9csGH8[/ame]
I would have Lee on first.
Mrs. Anthony was your son Lee there the night of the 15th of July, 2008?
You rely on him to be a go between with you and your daughter sometimes, like this night for example?
You trust your son?
If the evidence should show that his account differs from yours would you say your son is lying?
Voila!
She'll be tripped up, alright. Her feigned tears nor her histrionics are going to work on this judge. The prosecutors have examined people far more clever than Ms. Anthony with great success. Although her behavior is new to us good folks, they have seen this and worse, many , many times before.

Have good faith!!! They've got this!!

"Jose Baez is a moron, that is both my professional and personal opinion."
- Richard Hornsby




http://blog.richardhornsby.com/
Richard Hornsby says:
December 30, 2009 at 12:26 pm
"I do think she will plead at the last minute, a trial would be suicide and only make things worse.
I need a break, maybe in a week or so."

http://blog.richardhornsby.com/2009/.../#comment-2094
Richard Hornsby says:
December 23, 2009 at 9:25 pm
"I also think Baez is scum of the earth (more on that in a few days) but he is"

 

[Gnatcatcher]

Anybody know where the rest of this July 24 2008 interview is?
[ame]http://www.youtube.com/watch?v=yuvHz6g20bc&feature=fvst[/ame]

 

[Amil]

Anybody know where the rest of this July 24 2008 interview is?

[ame]http://www.youtube.com/watch?v=yuvHz6g20bc&feature=fvst[/ame]

[ame="http://www.youtube.com/view_play_list?p=5C8B016433F1ADAA"]YouTube- Broadcast Yourself.[/ame]

http://www.youtube.com/user/caseyanthonyarchives

[ame]http://www.youtube.com/watch?v=xNG2n7YzwwA&feature=PlayList&p=5C8B016433F1ADAA&playnext_from=PL&index=22[/ame]

[ame]http://www.youtube.com/watch?v=JIyf720wEM0&feature=PlayList&p=5C8B016433F1ADAA&playnext_from=PL&index=7[/ame]

 

[The World According]

http://blog.richardhornsby.com/2010/...our-emergency/


What is abundantly clear to me is that although he is semi retired, ( with time to do so ), Mr. Mason has not familiarized himself with all of the prior things that have went on in the case. He made statements on the courthouse steps as well as in his document (that wasn't recorded still yesterday morning that I could find), that are simply not historically or factually correct. I sat at my desk in shock reading the document, it was replete with wrong information from top to bottom!!!!

He will find out in a hurry on the 15th that what Grandma said on GMA she has been saying for two years now, same with TES volunteers saying they were unable to search because exact area was under water.

I once had an assistant twice my age, when a client would call with a question, every single time, she would get their number and say to them "Let me familiarize myself with the file and I will call you back." At first I thought that was so odd, why not get the file out of the darn drawer and answer them, put the file up and move on. (Maybe it was me, or possibly a regional thing since I am a damn Yankee and do everything in fast forward motion they tell me.) You know what I learned over the months, watching her? Her way was wise. She took her time and when she did call back she knew EXACTLY what she was saying, she was "Familiar" with the facts having taken that extra couple of minutes with the file. She helped teach me the timeless lesson it is better to get it right than to get it fast. Cheney needs Ms. Ruth, and a lot less hubris!!!!

She came to my mind immediately when I heard Mr. Mason saying those things as if TES and mom were divulging something new. He needed those few extra minutes, to familiarize himself with the file. Big Time. It matters.

Judge Perry certainly has before he dons his robe in the morning. You can bet your life on that. Sending Mrs. Burdick to review the files and assure herself nothing has been missed is the perfect example. Miss Ruth would have loved the way he works and put a muffin on his desk. She would have shook her finger at Mason, no muffin for you son, you are pretty full of yourself, you would do well to roll up your sleeves, take that smirk off your face and get to work, don't report you are ready until you have read your file.

Judge Stickland...the muffin is yours.View attachment 9804

View attachment 9805

View attachment 9806

View attachment 9807

If you have not seen the motion yet, put down your cup, one should not be holding hot coffee while you look at this.

___________________________________________
http://www.wftv.com/news/23924161/detail.html



"WFTV also learned Monday, there's new information about the site where Caylee's body was found. The defense has now flip-flopped on claims it has made all along, claims it made that it had evidence that EquuSearch volunteers had already looked for Caylee in the woods where she was found months earlier and found nothing."

I guess Mr. Mason is now out of retirement altogether if he is handling the political trial and is first chair on this death penalty trial. I know that lawyers very often handle ten or more cases at once, so it is not a problem unless or until Mr. Cheney starts missing more important hearings or depositions or evidence meetings with the experts, etc. I assume he will be front and center on the 15th, these are his motions afteral. Last time , he forgot to notice Mr. Nejame for the love of God.

The judge is going to be in rare form. I can't wait. I hope he does the TES motions first, and lets Mrs. Anthony squirm while waiting for her turn to testify. She is not a patient lady, if she is she hides it well.

 

[The World According]

[ame]http://www.youtube.com/watch?v=z7N8pDbmaqE[/ame]
I hope Cindy can take testifying serious as it seems George once did.

 

[The World According]

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

Mr. Horsnby explains the reason the state filed this motion, is not to prove the truth of what Cindy Anthony said at all. They want to show the origins of Casey's Nanny lie began in that house, during those phone calls.

 

[The World According]

[ame]http://www.youtube.com/watch?v=SIV0LmAcedQ[/ame]

OMG...this is the first I have heard of Cindy Anthony saying that Casey may have a mental illness. Two minute thirty mark

I am very curious to watch the interaction between the family at the hearing.

 

[Intermezzo]

http://www.youtube.com/watch?v=SIV0LmAcedQ

OMG...this is the first I have heard of Cindy Anthony saying that Casey may have a mental illness. Two minute thirty mark

I am very curious to watch the interaction between the family at the hearing.

TWA,
good catch!
IIRC George also mentioned something along those lines during his LE or FBI interview...at a point in the interview he was speaking of his family(his parents) and he mentioned a sister that had "issues"(don't remember the exact word he used) and wondered if Casey had the inherited same thing.
I will have to try to go back and listen to George's interview to give you a link and timestamp.sorry don't remember off the top of my head :blushing:

 

[chelle70]

TWA,
good catch!
IIRC George also mentioned something along those lines during his LE or FBI interview...at a point in the interview he was speaking of his family(his parents) and he mentioned a sister that had "issues"(don't remember the exact word he used) and wondered if Casey had the inherited same thing.
I will have to try to go back and listen to George's interview to give you a link and timestamp.sorry don't remember off the top of my head :blushing:

I remember that in George's interview also....but don't worry, the A's never let too many details out, so I believe he left the description at "issues". Which really tells us nothing! They make me crazy.

 

[The World According]

"Like mother like daughter. The fruit hath not fallen far from the tree.
This is where she gets her attitude ability to lie with impunity and to hurt anyone who is innocent in order to advance her own cause, " Mr. Sheaffer explains the lying, the lashing out of the parents and trying to deflect the guilt of Casey will not work. "

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

[ame]http://www.youtube.com/watch?v=Bt9CFrTaRG8[/ame]
Bill Sheaffer:
"This case has always boiled down to the forensics, it has always been and always will be a battle of the experts.
Her credibility has always been a problem from the beginning. They started with someone else did it, now the defense posture is this is junk science. To attempt to contradict your defense, to change in mid stream will not work on a jury. You can't with any credibility, whatsoever. It is hit or miss in this case, when more evidence is released in the case, the defense takes yet another tactic. "

KB: "When the police were at her home in December after Caylee was found Cindy told investigators that she had sent someone to walk that area a month earlier, and nothing was there at that time, in November. What do you make of that?"

Bill Sheaffer" She will be asked who she sent out there. What would cause Cindy Anthony to send investigators to go out and take a video tape of them searching and finding nothing?"

One day on the stand she will have to answer many things, for now the 911 calls.

 

[The World According]

Did Mrs. Drane-Burdick say in the last hearing that Mr. Ashton will be out of town to be in attendance with the defense deposing the OakRidge lab folks?

Does anyone know precisely which depositions were canceled according to the notice that was filed on Friday?

It would be wise of Mr. Cheney to be sure he is indeed rescheduling so that he may be in attendance with Jose when the experts meet for the two days, and of course the important hearing on the 15th.

This splitting up the team is not exactly what the courts had in mind by requiring a dp qualified lawyer to be on her case. The didn't say a part timer. One wouldn't let a surgeon preform half of their surgery and the medical student complete it, right?


07/09/2010 Amended Notice of Taking Deposition
07/09/2010 Amended Notice of Taking Deposition
07/09/2010 Notice of Cancellation of Depositions
07/09/2010 Notice of Cancellation of Deposition

 

[The World According]

[ame]http://www.youtube.com/watch?v=sSBGyYFwtTk[/ame] Thanks to Zsa Zsa for finding this

Too bad these two neighbors can't testify. They blow Cindy's soft spoken facade right out of the water. They remind me of Fred and Ethyl the funny way they complete sentences for one another. They certainly do have strong opinions about the nature of Casey and Cindy's twisted , strained relationship. Hint: it is not Mayberryesque.

 

[Jomo]

Does anyone here think that CA will pull a sicky and not show up at the last minute?

Or perhaps collaps in the hallway or check herself in to a hospital claiming mental exhaustion or something like that?

 

[The World According]

[ame]http://www.youtube.com/watch?v=LCjC-NoG7jc[/ame]

According to Mr. Sheaffer, the ASA is going to be in a position to wholly discredit anything and everything Cindy Anthony says. I wonder how much of this fact Casey is able to understand when she watches her mother get cross examined on the 15th.

For a normal person it would be painfully obvious that a trial that is sure to include her own friends and family assassinating her character, one by one by one would not bode well with the jury. For Casey, I am not even sure she understands that when her father testified recently it was a disaster.
I am glad the prosecution brought the 911 calls up now.
With all of the various and sundry motions to have the dp taken off the table denied,
with the judge having ruled that all of the incriminating things she said and her demeanor witnessed by the body guards can come in to trial,
With Todd leaving,
Andrea leaving,
the judge cracking down on the number of experts the defense can have on the State's dime,
her letters being released,
the fact that she is accusing her brother and her father being now known to them, and this will very likely effect how they testify,
the deck is piling up and
she should be becoming resigned to her fate.
If the judge denies the defense motion regarding the TES records, and
allows the 911 calls to come into evidence,
will she understand Jose's argument that all it will take for her to walk free is for one juror to believe the baby's body was placed in the woods while she was jailed is not correct? Will it dawn on her...rut row...the master plan is not going to save the day?

When the defense is working on motions, and their arguments that the 911 should not be admitted, do you think they explain their positions to Casey, or is the first time she hears their big ideas and that they are incorrect is in the actual hearings?
Sitting in her cell, alone, for twenty three hours a day do you think she is catching on that the defense is failing miserably?
Who is she writing now?
If after the 15th, she does realize the seriousness of her plight and that as Mr. Hornsby opined, a trial would be suicide, then she never will.