2011.04.25 Motion in Limine to Exclude "31 Days"

[LolaMoon08]

Nice! :floorlaugh:

I didn't read the motion yet, but I love that they think that nothing Casey did between June 16th, 2008 and July 15th, 2008 is relevant? Umm... isn't that the 31 days Casey talks about in the 911 call? Her written statement? Her interview with LE at the Hopespring home and Universal? Didn't Casey state in all these instances (which are all already admissable at trial) that she was conducting her own investigation? That she was searching for Caylee?

So if Casey's statements that she was doing her own investigation are coming in... why can't the State show a jury that Casey was NOT conducting her own investigation? That Casey did nothing... nada... zip... to find Caylee in those 31 days?

I do believe that the defense is going to simply admit that there was never a nanny right out of the gate. They really have no other choice which I am anxiously waiting to see how Cindy and George are going to spin it? I also have to wonder if the defense has sat down with Cindy and George and told them this was all a terrible accident? That yes, Caylee died while in the care of Casey but what matters now is Casey. Casey's life. That it was because of THEM that this whole case has gotten so out of control. That Casey feared telling the truth because of THEM. That they now owe Casey because of the massive amounts of damage they have done to her case.

I wonder if they are going to change their testimony about knowing about this nanny prior to June 16th, 2008? Them saying they knew about this nanny all the way back to January of that year only makes it worse on Casey. It goes to premeditation.

I don't know? This trial is going to get really interesting!

They will have a hearing on this motion, right? When is the next status hearing?

 

[miimaa]

How could it be excluded?! Casey's actions during those 31 days ARE very revelant. Pictures of herself and social behaviors are a snap shot of her state of mind. Casey actions say she was having a great time during the time her child was "missing". Please...

Teresa

... and telling LE she was searching on her own

 

[Aedrys]

What just kills me is that their argument is that she wasn't trying to evade the law - and so therefore, she wasn't showing any consciousness of guilt. That's why, according to Mason, the "31 days" behavior and photos should be thrown out.

Just think about that for a second.

Oh well, throw open the jail cell doors and let her go free because she was too lazy to run and too involved in her new Bella Vita life to care about the law!

I bet HHJP reads this and is like, are you KIDDING ME? DENIED!

 

[Panda's eye]

The DT should be thankful if the 31 days evidence is allowed, as they could try to use it to prove that ICA was doing her own investigation, " searching everywhere " for her missing daughter " ........what with attending every party she could. Plus looking under every bar stool, dancing pole and shot glass. ......JMO

Eager to see " Justice for Caylee "

 

[LolaMoon08]

What just kills me is that their argument is that she wasn't trying to evade the law - and so therefore, she wasn't showing any consciousness of guilt. That's why, according to Mason, the "31 days" behavior and photos should be thrown out.

Just think about that for a second.

Oh well, throw open the jail cell doors and let her go free because she was too lazy to run and too involved in her new Bella Vita life to care about the law!

I bet HHJP reads this and is like, are you KIDDING ME? DENIED!

I would think that NOT calling LE to report your child missing or even that an accident has occured that caused the death of your child, would be considered evading the law?

And let's be honest... the only law Casey has even known was the law in the Anthony home... and we all know how they like to make up their own laws to benefit themselves. Casey WAS evading the law she knew!

 

[Turnadot]

FGS...

KC herself made the 31 days an issue.

Even if we pretend for a moment that it doesn't matter that she never reported Caylee missing, KC claimed to have been doing her own search for 31 days - it's relevant because of her own claim.

 

[lauriej]

..also, what about the schedule judgeP ordered, i thought they couldn't file motions after the deadline, without good reason?

http://www.ninthcircuit.org/news/Hi...tion and Hearing Deadlines and Trial Date.pdf

2nd Amended Order Setting Discovery, Motion, and Hearing Deadlines

 

[Mamabear1963]

What do I think?

hmmm....

:floorlaugh:

:loser:


grasping at straws....

a house of cards....

going down for the 3rd time....

down for the count....

It is all part of the game...a game the DT is going to lose....

 

[strawberry]

Haven't they asked this in several different ways? And if it's so irrelevant then why do they care if it's mentioned?

 

[GourmetSoy]

This motion is so rediculous, I don't even know what to say about it....other than DENIED!!!

 

[janine]

How long do you all think this one will take to be denied? I can't imagine there is much research the judge needs to do, but I could be wrong.

 

[Mamabear1963]

..also, what about the schedule judgeP ordered, i thought they couldn't file motions after the deadline, without good reason?

http://www.ninthcircuit.org/news/Hi...tion and Hearing Deadlines and Trial Date.pdf

2nd Amended Order Setting Discovery, Motion, and Hearing Deadlines

I guess, the DT thought is was a good reason......:innocent:

 

[Softail]

..also, what about the schedule judgeP ordered, i thought they couldn't file motions after the deadline, without good reason?

http://www.ninthcircuit.org/news/Hi...tion and Hearing Deadlines and Trial Date.pdf

2nd Amended Order Setting Discovery, Motion, and Hearing Deadlines

"Hail Mary" comes to mind.....:crazy:

 

[Intermezzo]

How could it be excluded?! Casey's actions during those 31 days ARE very revelant. Pictures of herself and social behaviors are a snap shot of her state of mind. Casey actions say she was having a great time during the time her child was "missing". Please...

Teresa

State of Mind
AND
Casey told investigators she was conducting her own investigation using her own resources and other things..

 

[Mamabear1963]

How long do you all think this one will take to be denied? I can't imagine there is much research the judge needs to do, but I could be wrong.

Possibly as long as it takes the HHJP to read it and put his stamp of disapproval on it.

 

[Tulessa]

Can we say last ditch effort to please, your honor, don't let the SA say mean things about our girl from during the 31 days Caylee was missing? She didn't try to evade the law (the crux of the argument in this motion), so it should be out. No, she was just not being a mother looking for a lost child AT ALL during that time.

Mason penned this one. And, a word of advice, Mason, of course it isn't evidence of evading the law because she thought she got away with it! She was moving on to her new Bella Vita life!

And I love how "31 Days" was put in quotes the whole time in the motion like that makes it more speculative than actual. But guys, YOUR CLIENT came up with that! How would she know the exact amount of days if she hadn't committed the crime? Nice try, but I feel a big fat denied coming down hard on this one.

What do you all think about this new motion?

Desperate much JB? :seeya:

 

[coco puff]

“For a defendant’s subsequent behavior to be probative of consciousness of guilt, the behavior must somehow bare on an act in furtherance3 of evading prosecution. Further “where the defendant challenges the relevance of such evidence, the state must adduce evidence that the defendant’s behavior was related to an attempt to avoid being held accountable for the crime at issue”

When people asked where Caylee was, KC said she was with the nanny or with Grandma, at universal or the beach. This was most certainly to evade being held accountable for the whereabouts of her daughter. Also, begging her mom NOT to call 911 (one more day PLEASE) is screaming consciousness of guilt.

 

[Intermezzo]

FGS...

KC herself made the 31 days an issue.

Even if we pretend for a moment that it doesn't matter that she never reported Caylee missing, KC claimed to have been doing her own search for 31 days - it's relevant because of her own claim.

I agree.

 

[sleutherontheside]

Perhaps they realized that in order to preserve their case for appeal that this motion should have been filed a while ago....as in the same time that the motion to exclude party pics etc... were filed. Although...IMO it already was via other related motions.

However, unless the jurors selected CAN NOT COUNT...well you know what I mean. Hey KC...I wonder how high the jurors will be able to count en Espanol.

 

[Intermezzo]

..also, what about the schedule judgeP ordered, i thought they couldn't file motions after the deadline, without good reason?

http://www.ninthcircuit.org/news/Hi...tion and Hearing Deadlines and Trial Date.pdf

2nd Amended Order Setting Discovery, Motion, and Hearing Deadlines

Didn't Judge Perry ask them in one of the recent hearings if there would be any further motions filed or did I imagine that? :waitasec: