2011.02.10 Defense Accuses Detectives of Destroying Evidence

[Reality Orlando]

You know, I read what you said, and my immediate reaction was, I so wish the SA could retort by saying Casey intentionally destroyed Caylee and that's why a smell exists in her trunk!

I just don't get Baez's thinking. He doesn't bother to read any case material, and just makes up something that sounds good and hopes it sticks. I mean, if this was in court, all the SA would have to do is go hold up the depositions and such that show that Baez didn't read them. Like the fact that there were food CONTAINERS, not food, in the garbage bag, for one! This is going to be the fastest shot down motion in history, I bet. Did he even bother to ask the SA's person who took the trash out what was in the bag? Or even LOOK at what was in the bag? Apparently not because if he had, THIS MOTION WOULDN'T HAVE BEEN WRITTEN!

I really feel for the SA, who has to go do the research FOR Baez to rebut him on every stupid motion he does. Yeah, I bet this is going in the SA's Motion Hall of Shame for sure!

My only thoughts at this point, based on everything we've heard and read, is that the defense has no solid evidence disputing the charges and is grasping at any straw it can find hoping that they can create just enough doubt to keep KC off death's row.

 

[AZlawyer]

So Jose says that the smell everyone smelled might not have been HUMAN decomposition but some other "organic decomposition" from the items in the trash. Does he know what "organic" means? I just looked at the list of trash items again and I see nothing "organic." There is metal, plastic, cardboard, fabric, and paper.

 

[hannahsnana]

hey Gnatcatcher! Great minds think alike and all that.
or is it "fools seldom differ"?
Nah. Great minds! LOL

IMO, it is more like "do not suffer fools" (Baez) "gladly".

 

[Tulessa]

A snippet taken from this article says:

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. ...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.


Lunch meat, cheese and frozen dinner CONTANERS! (but no actual meat, cheese or dinners themselves, oh... a technicality I guess...) This is truly henious. How do you spell that? Haneious. Hanus. Henus. Friggin' sicking. That Casey would authorize her lawyers to say that her dear murdered child's decomposing body in her trunk wasn't really a bad smell after all, because the State's Attorney didn't store the cardboard box in a nice enough area ?!?!?!?

GIVE ME A FREAKING BREAK ALREADY? Oh my GOD I"m so sick of being nice about this....

Anus?

 

[Intermezzo]

Read Motion for Spoliation of Evidence: http://www.wesh.com/pdf/26833955/detail.html

http://www.wesh.com/pdf/26833955/detail.html
Motion for Spoilaton of Evidence

The first line in FACTS page 1
"On July 16th 2008, law enforcement confiscated a 1998 Pontiac Sunfire believed to be driven by Casey Anthony"

page 2
"the bag of garbage which included various foods and biological materials was in the trunk"

page 3
"While law enforcement took great measures to attempt to preserve the carpet liner, they intentionally destroyed any evidence that could rebut their assertions."

"Law enforcement has destroyed exculpatory evidence..."

 

[Intermezzo]

Ahhh JB is Off his Rocker! He is saying the LEO intentionally DESTROYED evidence to keep ICA from a fair trial? IS THIS LEGAL ?

:flashback:Baez, declared long ago that Casey was aware of the forces out to get her :cop: :gavel: :websleuther: nline:

http://www.clickorlando.com/news/19174406/detail.html
Baez: Forces Out To Get Anthony

and who knows many others may be as well :doughboy::sumo::dracula:irate: :ghost: :borg::ufo::cowboy: :sponge::weaklink:

We don't have a Darth Vader smilie...

 

[USARDOG]

The defense hopes seem to rest on the theory that if an infinite number of monkeys throws an infinite number of motions at the wall, hopefully one of them will stick. However, I think I see this one sliding off the wall already...:great:

 

[Ssejors]

Grrr! Arg! AZ Help me out here, can JB really make these accusations of LEO?


extreme measures
law enforcement took great measures to attempt to preserve the carpet liner, they intentionally destroyed any evidence that could rebut their assertions.


Law enforcement decided to preserve certain evidence and destroy others.



the only logical explanation for these actions was to preclude Miss Anthony or her defense from demonstrating to the jury that the smell in the trunk of the vehicle came from the garbage bag and not a decomposing body.



(One hair was found with what the FBI labratory calls CONSISTENT with decomposition, while this word makes for a good sound bite on the six o'clock news it is far from a definitive answer as to whether a deadbody was ever in the trunk of that vehicle.)


Law enforecement has destroyed exculpatory evidence.

 

[AZlawyer]

BTW, p. 4 of this report refers to the "composite air sampling of the trash bag contents," so I guess what JB means by saying that LE "destroyed" the air in the trash bag is that they "carefully preserved and tested" the air in the trash bag to see what compounds would be found.

http://docs.google.com/viewer?a=v&q=cache:qYZfTPxc7nQJ:blogs.discovery.com/files/caylee_anthony_autopsy02.pdf+forensics+report+trash+bag&hl=en&gl=us&pid=bl&srcid=ADGEEShYiTDVp2_k-h3r_tq6Hbo2__M0s2E8_7hGPg4cfcbU9B2ax4H_l8T-NN8yp4YYEcNJzuZxKThWjNJ2fRII5-xUJ8sS3kUQa8lJSy7y5g8Vx75hBWbPADJxADr58lRxcevG-f8v&sig=AHIEtbRa0RB1ZAzWEwKVINLBHrBoKkzlmw

 

[Intermezzo]

The crazy thing is there is no need to put "intentionally". The motion would be the same if they simply alleged that evidence was stored impropery. I think he's trying to play a game because of the tampering allegations and sanctions. I believe that people who do things in a sneaky, mean, underhanded manner attribute those same intentions to other people. They assume other people do things the way they themselves do.

bbm
maybe he's trying to "intentionally" discredit law enforcement

 

[ziggy]

So Jose says that the smell everyone smelled might not have been HUMAN decomposition but some other "organic decomposition" from the items in the trash. Does he know what "organic" means? I just looked at the list of trash items again and I see nothing "organic." There is metal, plastic, cardboard, fabric, and paper.

Exactly and when I take the trash bag out of my car (mine's filled with Starbucks cups and a few BK bags with half a burger and some fries still in it) out of my car, then it stops smelling like fast food and coffee.

So why did the car still smell when the garbage, contained in a garbage bag, was removed? Cuz a dead body left some decomp fluid therein?

 

[AZlawyer]

Grrr! Arg! AZ Help me out here, can JB really make these accusations of LEO?

extreme measures
law enforcement took great measures to attempt to preserve the carpet liner, they intentionally destroyed any evidence that could rebut their assertions.


Law enforcement decided to preserve certain evidence and destroy others.



the only logical explanation for these actions was to preclude Miss Anthony or her defense from demonstrating to the jury that the smell in the trunk of the vehicle came from the garbage bag and not a decomposing body.



(One hair was found with what the FBI labratory calls CONSISTENT with decomposition, while this word makes for a good sound bite on the six o'clock news it is far from a definitive answer as to whether a deadbody was ever in the trunk of that vehicle.)


Law enforecement has destroyed exculpatory evidence.

Yes. He can make these accusations because (1) he knows that he is protected from a defamation claim as long as he confines these accusations to court documents and hearings, and (2) the accusations are mostly "spin" rather than fact-based.

 

[Intermezzo]

http://www.orlandosentinel.com/news...ony-trunk-body-smell-20110211,0,5131139.story

Casey Anthony's defense wants comments tossed about smell of body in trunk
State counters with a plea to include stain evidence

"Meanwhile, the prosecution responded today with a challenge to the Anthony defense team's claims on another matter. The defense wants to exclude evidence of a stain found in Anthony's vehicle. That stain did not test positive for blood and testing could not pull a DNA profile from the stain.

But Assistant State Attorney Jeff Ashton says the difference between a blood, saliva or semen stain and a "biological stain is a subtle one, that seems to have eluded opposing counsel." The stain, tested by the Oakridge National Laboratory shows the presence of "volatile fatty acids consistent with the byproducts of decomposition."

 

[Numbers]

"The same FBI laboratory concluded that the trunk liner carpet had no biological evidence on or in it."

Notice how he glosses over that a certain someone *cleaned* the trunk.

Pathetic.

ETA: Nevermind. I see JA has this covered.

 

[JWG]

So Jose says that the smell everyone smelled might not have been HUMAN decomposition but some other "organic decomposition" from the items in the trash. Does he know what "organic" means? I just looked at the list of trash items again and I see nothing "organic." There is metal, plastic, cardboard, fabric, and paper.

Technically speaking, paper is organic although I am not aware of anything other than a musty smell when it decomposes (needs to be wet). The fabric might have been organic if it were cotton, flax, etc.

 

[AZlawyer]

"The same FBI laboratory concluded that the trunk liner carpet had no biological evidence on or in it."

Notice how he glosses over that a certain someone *cleaned* the trunk.

Pathetic.

Are volatile fatty acids not "biological"?:waitasec:

 

[AZlawyer]

Technically speaking, paper is organic although I am not aware of anything other than a musty smell when it decomposes (needs to be wet). The fabric might have been organic if it were cotton, flax, etc.

Yes, good point. I agree, then, that JB should be permitted to attempt to convince the jury that dry paper and cotton, if left in a trunk for 18 days, will smell like a dead body.

 

[strawberry]

Are volatile fatty acids not "biological"?:waitasec:

That's what I was thinking. It should have said "other" biological IMO. Maybe it did. So this is a reply to the stain motion, not yesterday's motion?:

http://www.wftv.com/pdf/26331535/detail.html

 

[strawberry]

Yes, good point. I agree, then, that JB should be permitted to attempt to convince the jury that dry paper and cotton, if left in a trunk for 18 days, will smell like a dead body.

Or, they could let them smell the trunk, then take them over to Dr. G's decom room and let the compare like to like.:waitasec:

 

[JWG]

Are volatile fatty acids not "biological"?:waitasec:

Hey, like a good lawyer, you knew the answer to that one before you asked it. :thumb:

By the way, I noticed that JB's motion complained that the OCSO dried the items, in addition to letting them air out. I do not recall any document saying that OCSO dried the items, but regardless, that is standard operating procedure for damp or wet items. The medical examiner, for example, wrote that they dried the hair mat before examining it thoroughly.