Casey defense team files motion to dismiss case--Could KC walk!

[MADJGNLAW]

:waitasec: Dec. 11 – Police confirm that the skull does appear to be that of a small child; however they caution that further tests are needed to confirm the age and gender.
Dec. 12- Anthony's defense team is denied access to the autopsy on the child skeletal remains. In issuing the ruling, Judge Stan Strickland said that the pathologist needed to make the identification without interference from outside parties. :waitasecerhaps the most interesting aspect of the hearing was the fact that the defense team informed the court that they had been notified that anthropological measurements taken of the skeleton match that of Caylee Anthony. They also said that hair found with the remains matches Caylee's hair color.http://blogs.discovery.com/criminal_report/2008/12/casey-anthonys.html

Dec.16 - Circuit Court Judge Stan Strickland hears a series of emergency motions that were filed by Jose Baez.
In regard to a defense request to oversee the crime scene, Strickland says it is not a requirement by law. "I can't assist you in interfering with a murder investigation," Strickland said. "They're entitled to continue until they get what it is they need to get."

Dec.17- Baez lashes out at investigators, "Every effort by The Baez Law Firm to establish a level of basic cooperation and professional courtesy have all been rejected. "Now that the scene more resembles that of an excavation site as opposed to an examinable crime scene -- attorney Baez has been advised that without properly detailed photographs and all related material and documentation, the various experts on Anthony's Defense Team will simply not be able to thoroughly examine the site. http://www.myfoxorlando.com/dpp/news/Anthony_prosecutors_visit_scene_where_body_was_found


Dec. 19 – Baez, holds a small press conference, during which he expresses anger towards the Orange County Sheriff's Office - specifically, for the way his client was notified that remains had been positively identified as Caylee.

"Snip" from DL. Click here for more details. http://investigation.discovery.com/...overage/timeline/dec02-dec31/dec02-dec31.html

 

[Brini]

Lee, the brother? What trouble did it cause him? I don't recall/understand.

Dr. Henry Lee, honey.

 

[lawlady84]

WAIT. Motion for Spoliation of Evidence. I wonder if the prosecution is going to respond that if any spoliation was done, it was when DC, a self-professed agent of the defendant, was poking around the area where the body was found.

 

[LCoastMom]

It's in KC's office at Universal.

Along with the second phone, Samantha's script and the payment receipts from Zany so KC could write the babysitting fee's off on her taxes.

Oh and maybe an office safe with the down payment for the house she was going to buy for Caylee, Amy and herself to live in.

 

[lawlady84]

If the defense wants to know how the duct tape was placed on the victim's body, why don't they ask Casey to demonstrate how she put it on?

 

[AZlawyer]

I read the Motion to Dismiss and my reaction is: "oh please." Apparently the theory is that the State "destroyed" and "tampered with" the evidence by taking a really long time to carefully photograph, describe, examine and preserve every tiny bit of everything they found at the crime scene.

One item of evidence they "destroyed" was the skull with duct tape. (I guess that must have been "destroyed" when they gave it to JB to have cremated?) The defense complains that the position of the duct tape looks different in some photographs because there are photos taken from all different angles. They should have a 3-D model made if they absolutely can't deal with these perspective issues inside their own heads.

 

[Brini]

Along with the second phone, Samantha's script and the payment receipts from Zany so KC could write the babysitting fee's off on her taxes.

Oh and maybe an office safe with the down payment for the house she was going to buy for Caylee, Amy and herself to live in.

The missing phone is with the receipts in the office safe.

 

[lawlady84]

From the motion... "delayed identification so that nobody but police officers would have access to the crime scene."

... Isn't that by-the-book police work?

 

[MADJGNLAW]

I wonder if they will used Dr. Maurice statement to their advantage?

In October 2008, Dr. Maurice Godwinused his Predator computerized system to identify specific areas of interest in the search for Caylee Anthony. Copies of the report were given to law enforcement and Texas EquuSearch. According to Godwin, the remains could have been found sooner if his analysis of the case had been utilized. Click here for more details. http://investigation.discovery.com/...overage/timeline/dec02-dec31/dec02-dec31.html

 

[AZlawyer]

AZLawyer, what do you think-

If you want to get the case dismissed when there clearly is some evidence, you'd first file a pretrial motion to suppress some evidence on 4th amendment grounds (LE searches), and motion in limine to exclude the scientific evidence for reliability.

THEN, if your motions are granted, a motion to dismiss based on the now lack of evidence. How many motions to dismiss do they think the Judge is going to want to read?

Exactly. But as it turns out, this is not a motion to dismiss for lack of evidence. It's a motion to dismiss for spoliation of evidence because LE "destroyed" all the evidence by processing it in exactly the way they were supposed to.

 

[Patty G]

Just want to stick this info in this thread for reference.

Spoliation of Evidence Can Spoil Litigation

All too often, a party's position in litigation is impaired by the destruction, alteration or loss of crucial evidence during -- and sometimes even before -- litigation has begun. This is commonly referred to as "spoliation" of evidence.

Under Florida law, spoliation of evidence can lead to: 1) a cause of action in tort for either the intentional or negligent loss of evidence; 2) a defense to recovery; 3) the basis for a negative evidentiary inference or presumption; and 4) sanctions.

From a defense perspective, spoliation is a rapidly growing area of the law because if the defendant did not spoliate the evidence, it can act as a complete bar to a recovery by the plaintiff. In that regard, the court may dismiss the case on the grounds that the defendant is deprived of the opportunity to adequately defend itself absent the evidence. Alternatively, it may strike the plaintiff's pleadings as a sanction if he/she is the spoliating party.

From the plaintiff's perspective, if the defendant or a third-party is the spoliating party, it can lead to a simple cause of action -- or to the imposition of sanctions so severe that it can obviate the need for the trial of a complex product liability lawsuit.

A spoliation cause of action arises when it is alleged that a crucial piece of evidence is unavailable at the time of trial due to action or inaction by one or the other of the parties.


More info within article.

http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1182935157632

 

[celticthyme]

The motion says "the only evidence" suggesting a homicide are conflicting reports of where the remains were found and without evidence the defense cannot challenge the opinions the state is bringing to court.
THE ONLY EVIDENCE . . . SUGGESTING A HOMICIDE???????, NO CAYLEE FOR 31 DAYS! Dead body in the trunk, dog hits all over the place, DNA, DNA,

 

[AZlawyer]

The motion says "the only evidence" suggesting a homicide are conflicting reports of where the remains were found and without evidence the defense cannot challenge the opinions the state is bringing to court.
THE ONLY EVIDENCE . . . SUGGESTING A HOMICIDE???????, NO CAYLEE FOR 31 DAYS! Dead body in the trunk, dog hits all over the place, DNA, DNA,

Later they say "the only evidence" suggesting a homicide is the duct tape. Now that's closer to the truth.

 

[AZlawyer]

I just read the motion to destroy all videotapes of the family visits. OK...NOT getting to talk to Cindy is cruel and unusual punishment???? I don't get it....:waitasec:

So far these motions are good for comic relief but not much more.

 

[mysticrose]

I'm pretty shocked here, pretty bold move on the defense part, I dont believe they have a chance in H**L but who knows. I had to look up Exculpatory evidence here is the def:

Exculpatory evidence
From Wikipedia, the free encyclopedia


Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt.[1] It is the opposite of inculpatory evidence, which tends to prove guilt.

In many countries[citation needed] such as the United States, police or prosecutor must disclose to the defendant any exculpatory evidence they possess. Failure to disclose can result in the dismissal of a case.

In the Brady v. Maryland decision, the U.S. Supreme Court held that such a requirement follows from constitutional due process and is consistent with the prosecutor's duty to seek justice.[2][/B]

[ame]http://en.wikipedia.org/wiki/Exculpatory_evidence[/ame]

 

[BigFatMommyDog]

Exactly. But as it turns out, this is not a motion to dismiss for lack of evidence. It's a motion to dismiss for spoliation of evidence because LE "destroyed" all the evidence by processing it in exactly the way they were supposed to.

Is that sort of a "have my cake and eat it to" argument - seriously not a snarky question - I don't understand the argument.

 

[celticthyme]

:waitasec: Dec. 11 – Police confirm that the skull does appear to be that of a small child; however they caution that further tests are needed to confirm the age and gender.
Dec. 12- Anthony's defense team is denied access to the autopsy on the child skeletal remains. In issuing the ruling, Judge Stan Strickland said that the pathologist needed to make the identification without interference from outside parties. :waitasec:

On December 11th the Ateam was on Larry King tour "looking for Caylee", & eating crabpuffs at the Ritz. and saying they hope it is not her???? Why would the defense be at the remains sight?? They did, after all, have their priorities:waitasec:

 

[marspiter]

Exactly. But as it turns out, this is not a motion to dismiss for lack of evidence. It's a motion to dismiss for spoliation of evidence because LE "destroyed" all the evidence by processing it in exactly the way they were supposed to.

So its a catch 22. If LE processes evidence by the book then it's spoliation. If they allowed defense into the crime scene (which wasn't ruled as Caylee at the time) the chain of custody is compromised and the evidence isn't admissible.

:waitasec:

 

[AZlawyer]

Also in the Official Docs thread is the defense team's Response to the State's motion for production of the evidence that the body was dumped while KC was in jail.

The defense says they just "logically interpreted" the evidence produced by the State. :rolling:

 

[nanny1]

I think that Baez has been so busy entertaining the media that he just realized that this is not just a self made reality show,it's a real murder case that is really going to trial..He has no defense at all and is starting to panic.:croc:

Although something tells me he might be getting ready to through George under the bus.