2011.02.10 Defense Accuses Detectives of Destroying Evidence

  • #41
Article was recently updated: http://www.clickorlando.com/news/26824075/detail.html

The motion claims that detectives intentionally destroyed the smell of the garbage by allowing the trash to air out in a dry room and then storing it in an unsealed cardboard box.

Well, I will almost guarantee you that no matter WHERE that CAR was stored, in no matter WHAT kind of conditions--WET or DRY, in a CARDBOARD BOX, or out in a FIELD--the trunk STILL STINKS TO HIGH HEAVEN of human decomposition.
 
  • #42
from the article and bbm:

"Baez said a bag of trash, containing lunch meat, cheese, frozen dinners and laundry detergent, was removed from Anthony's trunk and not properly stored."

Wow. Just wow.

Yeah, well, couldn't the defence accuse LE of many things without proof? I think it's another way to cast unreasonable doubt hoping for an ignorant and unthinking public and jury.

Where is their proof?
 
  • #43
Thanks for the link to the pictures.
http://www.examiner.com/crime-in-national/trash-found-casey-anthony-s-carpicture?slide=7676611#main

Now since this motion is is worded in a fashion which may lead one (in this case JBP) to believe there was food in the garbage bag I must ask the following and if someone can point the way..well that would ge grand..!

I see the Oscar Mayer plastic see thru packaging but where's the lunch meat?

I see the Frozen dinner box but where's the dinner?

I see the crumbled Velveeta packaging...so Who ate the Cheese? Because I don't see it.

I see the torn Pizza cardboard box..Where's the Pizza?

And, if I might add a couple of things to this list. . . .

I see the Arm and Hammer Detergent bottle. . . .Where's the clothing she washed?

I see the spray tennis shoe cleaner. . . .Where's the pair of shoes she had to clean?
 
  • #44
from the article and bbm:

"Baez said a bag of trash, containing lunch meat, cheese, frozen dinners and laundry detergent, was removed from Anthony's trunk and not properly stored."

Wow. Just wow.

Isn't it just infuriating the spin he tries to put on the evidence? I can hear HHJP now. "Mr. Bye...yazzzz! Was there lunchmeat in the bag, or lunchmeat CONTAINERS? Was there cheeeeeze in the bag, or was there a cheese CONTAINER? Were there frozen dinners in the bag, or frozen dinner CONTAINERS?" Lol! Seriously! At what point do you call the attorney aside and ask him why he is so woefully ignorant of the evidence after two and a half years when there is only a few months left before trial? Either he REALLY isn't up on all of the discovery, or he is outstanding at that feigning of ignorance that the SA accused him of. Personally, I think it's a bit of both. JMO
 
  • #45

The entire motion seems to be only another desperate effort on the part of the defense. But to suggest "that detectives intentionally destroyed the smell" steps over the line of decency, doesn't it? How can they get by without any repercussions for stating this? Aren't they saying, in essence, that "the detectives" tampered with the evidence?

Oh, I see, it may just be another one of Jose's tit-for-tats . . .
 
  • #46
Well, I will almost guarantee you that no matter WHERE that CAR was stored, in no matter WHAT kind of conditions--WET or DRY, in a CARDBOARD BOX, or out in a FIELD--the trunk STILL STINKS TO HIGH HEAVEN of human decomposition.

Yep, it will stink and smell forever.

I've told here before about our experience with a vehicle that someone died in.

A few years back, my husband had an opportunity to buy a pretty good used pickup, that hadn't been driven in about 4 or 5yrs.

It belonged to a farmer, just a stripped down, no frills work on the farm pickup that he could use a power washer on if he wanted to.
All vinyl interior, floor mats, etc. Not even a radio in it. Heat only, no a/c.

Now, keep that in mind, as Casey's car had cloth uphosltery, probably carpeted floor mats, etc.~ The smell would have gone down into the seats foam padding.

The farmer passed away in it, and wasn't found for 4 days. He died in the winter, mind you even, in the cold midwest.
The truck reaked ~

The family parked the pickup behind the barn, with the windows down, thinking that by spring, it would have aired out.
It stayed there for years, because it continued to smell.
They removed the dash board, cleaned and ran water through every air duct and oriface that they thought would help.
Took the door panels off and cleaned behind those.
They stripped what could be stripped and put it back together. They even replaced the front seat.
Nothing helped, even after those 4-5yrs of sitting out in the elements to make that smell go away.

We got it pretty cheap ~ I refused to ride in it cause it made me sick. There was no getting rid of that smell.
Hubby rode in it all spring and summer with windows down, rain or shine. Winter, he hated to turn the heat on cause of the rank smell.

As I've explained and told before, yeah, that car is going to smell when this goes to trial.
I don't care if the trial gets delayed for another 20yrs, when it is opened up, people are going to be gagging ~ {sorry}
 
  • #47
Maybe this is what was picked up today regarding the 68.00 .

per Fifthessence

New Deposition Released

POSTED: 1:20 pm EST February 9, 2011
UPDATED: 1:34 pm EST February 9, 2011

http://www.wesh.com/caseyanthony/268...=casey+updates

The new transcript is from a Feb. 2 deposition of Texas EquuSearch volunteer William Fitzgerald

I can't get your link to work - but all I find on the deposition report
http://www.wesh.com/caseyanthony/26805894/detail.html is some comments on the deposition but no transcript. If you have a link to the transcript I would love to see it.

I think the payment was for the rulings by the Judge - documents are here
[ame="http://websleuths.com/forums/showpost.php?p=6116760&postcount=199"]Websleuths Crime Sleuthing Community - View Single Post - List of Motions **NO DISCUSSION HERE PLEASE**[/ame]
 
  • #48
The entire motion seems to be only another desperate effort on the part of the defense. But to suggest "that detectives intentionally destroyed the smell" steps over the line of decency, doesn't it? How can they get by without any repercussions for stating this? Aren't they saying, in essence, that "the detectives" tampered with the evidence?

Oh, I see, it may just be another one of Jose's tit-for-tats . . .

It seems like a line is crossed to me, I do know that they can obviously say what they want in a legal pleading, look at what they wrote about Mr. Kronk in the prior bad acts motion. They were able to get away with that.
 
  • #49
Here it is:

Anthony Defense Wants Air Evidence Tossed

http://www.clickorlando.com/news/26824075/detail.html

I think the defense argument is weak. Everyone who smelled the odor in the car said, "decomposition of a human body", no one said a bag of garbage. George told LE what it smelled like, Cindy said it in the 911 call -"it smells like a dead body in the damn car", Lee smelled it and said it was overwhelming, and various LE smelled it, not to mention Simon Birch at the impound yard who said the only other time he smelled that odor was when they got a car in which a guy committed suicide in.

All they have to do is have the box with the piece of carpet from the trunk it in...........put someone like Simon Birch on the stand and say, "is this the odor you smelled?" After all, the carpet is part of the car..........the bag of garbage is not.
 
  • #50
When my son went off to college I got the chance to clean out his room. There were 2 very old pepperoni pizza boxes, with a few slices left , shoved under his bed. There was no odor of a dead body in his room at all. Dirty socks, but no rotting flesh smell. Good luck with that lame defense, Baez.
 
  • #51
This is a pic of the garbage..I hope it's not too big.
What's in that pic does not equal the smell of a decomposing body...Just sayin' :smile:
(Good pic by the way)
 
  • #52
I don't know if the strategy of filing this is or if it just to preserve "the record", but the defense was repeatedly made aware of this outstanding motion. Here is what I found that's documented (too tired to watch all the hearings)


Judge Perry specifically addressed the status of the first spoliation motion to dismiss during the 4/30/2010 hearing: http://www.docstoc.com/docs/63424551/Status-Hearing-43010

Again at the end of the 5/11/2010 hearing: http://www.wftv.com/video/23518001/index.html

And again during the June 21, 2010 hearing: http://wdbo.com/localnews/2010/06/live-blog-casey-anthony-hearin.html
 
  • #53
He could deny it just based on lateness, but is more likely to wait and see what the SA says. I still think the defense must have made SOME excuse for lateness...right?

As far as I can remember they haven't used the "dog ate my filing" yet.....so there is that one :twocents:
 
  • #54
I think the defense argument is weak. Everyone who smelled the odor in the car said, "decomposition of a human body", no one said a bag of garbage. .

snipped and bbm

Leila, you make a really really good point, and it reminded me of something I noticed recently. I worked throughout Asia for 6 years, and of course the food was totally different from what I was used to. I commented to a canadian co-worker one day as we walked by a dumpster how, no matter what the content of garbage is, it always smells like "garbage". It's weird. The food itself is totally different, the contents were totally different, and yet the garbage always seems to smell basically the same. Garbage in India smells pretty much like garbage in Japan or Canada. You don't smell it and wonder what it is or start looking around for dead bodies.
 
  • #55
Don't have time to read this whole thread before heading to work but....Good Grief we're back to CA's bag of trash/pizza theory?? We've come full circle to the video clip that sealed my interest in this case to this day!! Was there squirrel meat in the garbage bag??
 
  • #56
I don't know how LE would have preserved organic materials for over two years. The items he mentioned would have rotted and become dirt by now! The smell would have been gone as well. Didn't LE sniffer test the bag at the same time as they tested the trunk? I seem to recall the contents being sniffer tested or a simulation of the contents was sniffer tested and proven to not be the source of the smell.

Couldn't JB's experts recreate the smell as part of their evidence? (the answer would be "No" because they know the smell would never be the same but...just saying).
 
  • #57
Not referring to anyone specifically, of course, but the word buffoon comes to mind.

Buffoonery - Definition

"Buffoon is a somewhat derogatory term for a humourous character who provides amusement principally by stupidity rather than talent. The term clown is also used, although this word more usually refers to professional entertainers who provide this sort of act for a living.

A person usually becomes a buffoon either through natural disorganisation and clumsiness, or by attempting to gain attention through humour but failing to pull it off. An individual may also choose to become a buffoon in order to gain a unique place in a social group, although this is generally a last resort.

Degrees in Buffoonism were popular throughout the 18 Hundreds but fell in to disfavour in the early 20th Century. They are, however, making a comeback at certain institutions.

Not to be confused with Baboon, a large primate "
 
  • #58
The garbage is not new evidence, how does one preserve the smell of garbage? I can only imagine what the argument is :banghead: :maddening:

So, in the unlikely (imo) event this motion is granted (:floorlaugh:) the State still has the testimony of LE with knowledge of decomp, the tow yard guy, CA's 911 call, the hair with decomp, the coffin flies/adiocphere....... Are they kidding?

Plus they have the car. The car still "stinks". It will have to be destroyed because you can never, ever get that smell out of the car. The chance that JB is taking here is for SA to say that while the "trash" in the bag does not smell (which I would think it still might if it smelled like decomp) then we can just take the jury on a road trip to see the car because it smells exactly like the garbage bag did almost 3 years ago. jmo
 
  • #59
I would bet TL's apartment at Sutton Place had an in sink garbage disposer and they used it to dispose of food waste...

I have have not lived in a home or apartment in Florida that did not have a garbage disposer in the sink.

Plus you are talking about a household of young men. There is NEVER, EVER any food left over. lol
 
  • #60
The entire motion seems to be only another desperate effort on the part of the defense. But to suggest "that detectives intentionally destroyed the smell" steps over the line of decency, doesn't it? How can they get by without any repercussions for stating this? Aren't they saying, in essence, that "the detectives" tampered with the evidence?

Oh, I see, it may just be another one of Jose's tit-for-tats . . .

JB has all the same evidence photos as the SAO does so I'm wondering if this isn't just a blatant misrepresentation...again.
Maybe this should be covered in the fry hearing so his experts or someone from Oscar Meyer can come and explain all about how food preservatives act like embalming fluid for food.
In any case, if this was the diet MOTY fed Caylee, it's no wonder the child looks pale and anemic in most photos. No apple cores or vegetable shavings in that trash. Not even an empty carton of milk.

Wasn't the trash and bag stolen by ICA from TonE's anyway? I think it could be safely argued by the SAO that her motive in stealing the kitchen trash from TonE's house, walking right past the garbage chute and dumpster located right beside her car at AMSCOT, was precisely to mask the odour eminating from her daughters corpse in the trunk??

Besides the coffin flies, I don't recall any evidence of fruit flies, houseflies or any other fly attracked to household garbage found in the garbage bag, do you? Seems to me an entomologist would have found many species had their actually been rotting food in that bag.

http://www.ipm.ucdavis.edu/PMG/PESTNOTES/pn7457.html

Of the thousands of species of flies, only a few are common pests in and around the home. Some of the more common nuisance flies are the house fly (Musca domestica), the face fly (Musca autumnalis), the stable fly (Stomoxys calcitrans), the little house fly (Fannia canicularis), and several species of garbage fly (especially in the genus Phaenicia).

 

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