Defense files motion to have 911 calls, party pix tossed

[Aedrys]

http://www.cfnews13.com/uploadedFiles/Stories/Local/0308%20Casey%20Motion%20To%20Exclude%20Hearsay%20Evidence,%20Gossip%20and%20Innuendo.pdf

Specifically discussed the 911 call. Notes that because Cindy was aware that Caylee had been out of the house for 31 days already...that she was not reporting an issue of an emergency nature but instead attempting to stimulate an investigation. Additionally indicate "that the primary purpose was to establish or prove past events that could be potentially relevant to a later criminal prosecution as opposed to responding to an emergency, making it testimonial."

Asking that the SA PROVE excited utterance.

Cites the length of time between CA 911 calls and saying that she had time to compose herself.

Cites the 8th amendment requiring a heightened sense of reliability in a Capital case addressing hearsay ( ummmmm pot, kettle, Mort, Kerley.....)

Last bold is mine. I think JS is going to laugh out loud at that one. These are the same people that have found only the most UNRELIABLE witnesses in this entire case and they DARE to cite the 8th amendment "requiring a heightened sense of reliability"? Baez, did you even READ this amendment? I mean seriously!!!!! Actually, he probably does what my stepdaughter does and reads it really fast, only getting the slight gist of it but not getting all of the important meaning.

Again, for the thousandth time, You can't have your cake and eat it too! Does he not realize that if he wants the state upheld to a high standard, he's ALSO going to be held to the SAME STANDARD?

I bet JS has a stockpile of Pepto and Jack Daniels in his chambers just for reading and getting through these motions...I know I would...

 

[miss plum]

All today's motions have got me thinking about how in this case there is a history of distracting motions being hurriedly filed by the defense just before a devastating doc dump. Should we infer that Wednesday's doc dump is going to be very, very interesting?

 

[Sammiejam]

http://www.cfnews13.com/uploadedFiles/Stories/Local/0308%20Memorandum%20Supporting%20Party%20Picture%20Motion.pdf

Through the media, especially the internet, the public has been inundated with these images and the unfair characterization of Miss Anthony. Through the internet and television media, Miss Anthony's reputation, intelligence, chastity, and fitness as a mother, have been attacked by news pundits and members of the general media relying on these photos, creating an immense bias against her in the minds of potential jurors.

The photographs at issue in this case depict miss Anthony drinking alcohol, wearing revealing clothing, and dancing on stages at nightclubs. They also depict her in close contact with a number of different men and women as she dances.

Their only value is to paint a picture to the jury of an irresponsible, drunken, promiscuous, and wild defendant.

Photographs would have the effect of painting Miss Anthony as a careless, irresponsible, promiscuous, and possibly bisexual partier..........

Miss Anthony is so notorious...........

TRUTH TELLIN' TIME!

FINALLY JoseB is speakin my language!

 

[Aedrys]

http://www.cfnews13.com/uploadedFiles/Stories/Local/0308%20Memorandum%20Supporting%20Party%20Picture%20Motion.pdf

Through the media, especially the internet, the public has been inundated with these images and the unfair characterization of Miss Anthony. Through the internet and television media, Miss Anthony's reputation, intelligence, chastity, and fitness as a mother, have been attacked by news pundits and members of the general media relying on these photos, creating an immense bias against her in the minds of potential jurors.

The photographs at issue in this case depict miss Anthony drinking alcohol, wearing revealing clothing, and dancing on stages at nightclubs. They also depict her in close contact with a number of different men and women as she dances.

Their only value is to paint a picture to the jury of an irresponsible, drunken, promiscuous, and wild defendant.

Photographs would have the effect of painting Miss Anthony as a careless, irresponsible, promiscuous, and possibly bisexual partier..........

Miss Anthony is so notorious...........

Which is exactly what she is, so what is the problem here? Like they have any photos of her looking responsible, caring, sober, chaste, hetero, and tame? Oh right, she only pretended to do that when she pretended to be mother of the year to Caylee...even if these pics were kept out, the truth will still shine through and all will see her as the murderess she is, IMO. So dress her up like a nun or a school marm, it won't matter. Her personality in court and the evidence will paint a whole different picture of her anyway.

Funny how he doesn't mention all of the wonderful, beautiful, heart string pulling, sweet pictures of Caylee. Wouldn't that be prejudicial against this young mom to have her dead child outshine her in every way in the court room? I'm sure that will appear in another motion...

 

[The World According]

As soon as I saw this, I thought of Nicole Brown Simpson's 911 tape being played for the jury.. I am paraphrasing ..she said something like It is OJ Simpson, I think you know his record.

I know it is a different state, but it came in ..implying that this was not the first incident of domestic violence that the local police had been called to their home on. Indeed even her diary entry was admitted in to evidence. I am not concerned over these motions in the least. We can expect many, many more by the time the trial gets here in a year or two.I am not a lawyer, but I certainly have a guess based on what I have seen from this judge so far.

Have faith in Judge Strickland. I do. The 911 tape will come in. None of the photos that predate the 15th of June will, and not all of the party ones will..but a few will be allowed. There isn't going to be any twelve hundred photos or any kind of piling on allowed. Tony, Nate, Amy and others will testify that she was partying and happy..indeed quite carefree. If only one photo accompanies any of their testimony..it will be all the jury needs. The jury is going to hear that Casey slept some nights out of the month with Tony and at other times at Ricardo's home. One may not need the photos to deem her promiscuous, folks draw their own inferences based on their own family values. They just do. There are a lot of ways to go around to the back door as it were, if you can't get in the front. The testimony of all of her friends will set the image in the folks minds that indeed she was a party girl. The state will be allowed to demonstrate her state of mind, of course..but the wise judge will make sure they make the point and move on. That is my prediction.

I think he will make short order of this and in his words..."Rule and Roll".

I'll tell you what is not coming in...Ms. Kerley saying she thinks Roy did it or had something to do with it. Can I get a witness?

 

[kew17]

Last bold is mine. I think JS is going to laugh out loud at that one. These are the same people that have found only the most UNRELIABLE witnesses in this entire case and they DARE to cite the 8th amendment "requiring a heightened sense of reliability"? Baez, did you even READ this amendment? I mean seriously!!!!! Actually, he probably does what my stepdaughter does and reads it really fast, only getting the slight gist of it but not getting all of the important meaning.

Again, for the thousandth time, You can't have your cake and eat it too! Does he not realize that if he wants the state upheld to a high standard, he's ALSO going to be held to the SAME STANDARD?

I bet JS has a stockpile of Pepto and Jack Daniels in his chambers just for reading and getting through these motions...I know I would...

Nah, Aedrys, he didn't read it let alone understand it. He probably picked up the Cliffnotes, though. lol

 

[miss plum]

None of the 'bella vita' photos are as imo damaging as seeing a mother strutting around with a sexy knot tied in her t-shirt which has her missing baby's face printed on it.

 

[Cat13067]

The toothpaste is out of the tube. The 911 calls are an important part of this case, because we all know if CA gave KC another day to produce Caylee KC would have been long gone. I'm thanking CA for calling LE, and hope to keep on thanking her everytime she opens up her mouth.

One of my favorite statements made by CA to LE was about driving KC to the police station, so they would scare her into telling CA where Caylee was. Scare her...Seriously!!

 

[mitzi]

http://www.cfnews13.com/uploadedFiles/Stories/Local/0308%20Memorandum%20Supporting%20Party%20Picture%20Motion.pdf

Through the media, especially the internet, the public has been inundated with these images and the unfair characterization of Miss Anthony. Through the internet and television media, Miss Anthony's reputation, intelligence, chastity, and fitness as a mother, have been attacked by news pundits and members of the general media relying on these photos, creating an immense bias against her in the minds of potential jurors.

The photographs at issue in this case depict miss Anthony drinking alcohol, wearing revealing clothing, and dancing on stages at nightclubs. They also depict her in close contact with a number of different men and women as she dances.

Their only value is to paint a picture to the jury of an irresponsible, drunken, promiscuous, and wild defendant.

Photographs would have the effect of painting Miss Anthony as a careless, irresponsible, promiscuous, and possibly bisexual partier..........

Miss Anthony is so notorious...........

The truth hurts...don't it! :furious:

 

[The World According]

None of the 'bella vita' photos are as imo damaging as seeing a mother strutting around with a sexy knot tied in her t-shirt which has her missing baby's face printed on it.

Out of all the things that little you know what did..like wearing the blue hoodie on the day her lawyer was planning to surrender her to the jail as she was to be arrested for stealing money to buy THAT SHIRT AND THOSE SUNGLASSES FROM AMY...
purposely wearing a thin white blouse with a black bra underneath on the day , again, she was turning herself in for the murder of her baby...
tying the knot in the Have You Seen Me t-shirts that totally distorted not only the photo, but made it impossible to read where to call if you had, was the most disgusting thing I have ever, ever seen. I was more offended by that than even the dancing photos, it was like spitting on Caylee. It was so disrespectful to the honor and remembrance that innocent baby deserved. I so hope the jury gets to see one of those. People tell on themselves.

Yeah..somebody better tell Casey her seasons in the sun are over.

Lastly, Ms. Plum...I agree with you ...she had a strut that would have made John Travolta in Saturday Night Fever proud. It was hardly the look of a heartbroken young lady whose child was "missing". Yep, people tell on themselves... my Gram was right.

The 911 calls are coming in I believe.

 

[strach304]

I hope that the photos of Casey before Caylee went missing are allowed in.
Casey acted in the same manner before and after Caylee's disappearance and what better way to show it?
If the defense tries to claim that Casey was working during those photos or out searching for Caylee in known places Zenaida would visit, then how the heck could he explain the odd similarities to the before pictures? Or maybe another kid went missing during that time and she was trying to find her too and her invisible nanny...

I personally hope they are allowed as well. If JS wants to give the defense anything from these motions then it probably will be the before pics. Like you, I agree that they are important for all the reasons you have stated. Also I think it will show with combined witness testimony that Casey had changed, had a new set of friends, etc. We also have the fact that Cindy was supposed to have been complaining about Casey partying while she babysat, arguments, Casey not working, etc. In my opinion it goes hand in hand with the computer searches done well in advance, etc. to show Casey's frame of mind during months of possible deliberation, frustration, her priorities and lifestyle. So much more but I know you guys get the idea I just hope the judge does. I can't wait to see the DA's argue their side.

 

[Horace Finklestein]

perhaps the sa should ask that baez not bring any loving mother daughter pictures to court either, if thats the case

Yeah I think they were wanting to use baby pics and childhood pics of casey to try to get the DP off the table or something. That's way worse than showing the jury who she really is.

 

[butterfly1978]

All 3 911 calls will be allowed in. It is the facts. It shows everything that happened up to the point that it was finally understood that Caylee was missing, it shows that Casey was not concerned about Caylee or her being found. Cindy's statement about "it smells like a dead body was in the damn car" was said in a moment of panic, it still states the fact and it describes the event as she perceived it. So even though it makes Casey Look bad, Oh well it will be allowed, because if there was no 911 call there would have never been a search for Caylee.

As far as the pictures, I believe that most all of the pictures will be allowed in, because it shows state of mind as well as motive, Casey was a party girl before Caylee "went missing" and was a partying while Caylee was missing, which shows motive annd her frame of mind. She was not worried about Caylee, she wanted to be "free" to party, and she got rid of Caylee so that she could be free.
I think it will all be allowed in, maybe not the pictures from like 2006 or 2007 but definately the months leading up to Caylee "being missing" as well as during Casey's "search" for Caylee.
Its all relevant evidence BOZO.. Sorry it makes Casey look bad, but yea it is what it is.

 

[Cat13067]

The truth hurts...don't it! :furious:

A picture is worth a thousand words, and they are all the same word when it comes to KC...baby murderer.

 

[noonie]

Love it Cat ...... Short and sweet.... and to the point!!!!!!!!!!! Thanks!

 

[Searchfortruth]

I guess Baez is doing his level best to eliminate the daming evidence the state has against Casey, and there is a lot of it. My understanding is that if the evidence is relevant and it's probative value outweighs it prejudicial effect, the evidence is usually allowed. I truly believe most of this will be allowed, as it shows Casey mental state around the time of the crime. BUT, Baez is running out of options. He knows that once this evidence makes its way to a jury, Casey and his case are DONE. He has no hope, other than to attempt to take away the evidence the jury will hear. I can't help but to think that Baez is not so motivated by his defense of Casey, but rather lead by the notariety (he believes) this case will bring him.

What happened to the famed forensic experts that were going to clear Casey of involvement in this murder ? Maybe they haven't given the opinion Jose wants to hear and he is left with a campaign to have all evidence (that paints Casey in a negative light) undone. Good Luck with that one Jose !

 

[kaRN]

Does anyone else think the timing of these particular motions is odd at best?????!!!!!

The defense hasn't even examined the evidence yet, they are 14 mos from trial and they are worrying about party photos???!!

If my daughter announces she is getting married in the summer of 2011, I sure as hell am not going to worry today about what shoes I am going to wear?!!!!

(But don't worry, Sleuther....will take your advice and be sure they match my magnifying glass!)

Good analogy lol! In this case they started wedding planning by hiring a divorce lawyer. They have nobody for the wedding party yet.

 

[butterfly1978]

I honestly think this defense is busting apart at the seams. They have absolutely no defense at all, nothing, so they are trying to get everything they can thrown out so hopefully it doesn't look "that bad", or at least death penalty bad..and I just do not see how in the world it is considered justice when they file indigent and are just wasting the tax payers money to defend something that is not dependable, its ridiculous!

 

[kaRN]

As soon as I saw this, I thought of Nicole Brown Simpson's 911 tape being played for the jury.. I am paraphrasing ..she said something like It is OJ Simpson, I think you know his record.

I know it is a different state, but it came in ..implying that this was not the first incident of domestic violence that the local police had been called to their home on. Indeed even her diary entry was admitted in to evidence. I am not concerned over these motions in the least. We can expect many, many more by the time the trial gets here in a year or two.I am not a lawyer, but I certainly have a guess based on what I have seen from this judge so far.

Have faith in Judge Strickland. I do. The 911 tape will come in. None of the photos that predate the 15th of June will, and not all of the party ones will..but a few will be allowed. There isn't going to be any twelve hundred photos or any kind of piling on allowed. Tony, Nate, Amy and others will testify that she was partying and happy..indeed quite carefree. If only one photo accompanies any of their testimony..it will be all the jury needs. The jury is going to hear that Casey slept some nights out of the month with Tony and at other times at Ricardo's home. One may not need the photos to deem her promiscuous, folks draw their own inferences based on their own family values. They just do. There are a lot of ways to go around to the back door as it were, if you can't get in the front. The testimony of all of her friends will set the image in the folks minds that indeed she was a party girl. The state will be allowed to demonstrate her state of mind, of course..but the wise judge will make sure they make the point and move on. That is my prediction.

I think he will make short order of this and in his words..."Rule and Roll".

I'll tell you what is not coming in...Ms. Kerley saying she thinks Roy did it or had something to do with it. Can I get a witness?

WITNESSED at this timestamp by me!!

 

[ZsaZsa]

I guess Baez is doing his level best to eliminate the daming evidence the state has against Casey, and there is a lot of it. My understanding is that if the evidence is relevant and it's probative value outweighs it prejudicial effect, the evidence is usually allowed. I truly believe most of this will be allowed, as it shows Casey mental state around the time of the crime. BUT, Baez is running out of options. He knows that once this evidence makes its way to a jury, Casey and his case are DONE. He has no hope, other than to attempt to take away the evidence the jury will hear. I can't help but to think that Baez is not so motivated by his defense of Casey, but rather lead by the notariety (he believes) this case will bring him.

What happened to the famed forensic experts that were going to clear Casey of involvement in this murder ? Maybe they haven't given the opinion Jose wants to hear and he is left with a campaign to have all evidence (that paints Casey in a negative light) undone. Good Luck with that one Jose !

It just seems very odd to me that JB publicizes the very things he wants kept quiet...! :innocent: