Defense files motion to have 911 calls, party pix tossed

[gamom]

So when will the judge hear or rule on these new motions? if the 911 tape gets thrown out that is a HUGE win for the defense in my opinion. To me, Cindy statement is the most damaging evidence. If you own mother thinks there has been a dead body in the car...pretty damaging.

 

[panthera]

Thank you LolaMoon..

I feel better after seeing your list.

I do too ~ there is a lot that would have to be excluded!

 

[gogrannypop]

Anyone with a television has already heard the 911 tapes. let them throw this out. There is a mountain of evidence that will PROVE kc guilty beyond a shadow of a doubt. MHOO

 

[logicalgirl]

The defense's third request involves asking the judge to bar prosecutors at trial from eliciting "lay opinion" testimony about Casey Anthony's character or motives. Many witnesses have offered to testify to Casey Anthony's inability to tell the truth — a move the defense wants out.

http://www.orlandosentinel.com/news...thony-defense-motions-20100308,0,389653.story

I knew it, I knew it, I knew it! :banghead::furious::banghead:

But but but - doesn't she want her good friends to testify about her character?:waitasec:

 

[JSR]

The 911 call also illustrates the 31 days that Caylee was not reported missing; and the operator's apparent shock in that regard. I agree, no way will those tapes be excluded.

As for the party pictures, I don't see all of them being excluded either, especially the ones taken while Casey was supposedly out "searching for Caylee". But if there had to be a choice between the two, I feel the 911 calls are most damaging. Her behavior during the 31 days could be explained by witness testimony, such as the guy from the tattoo parlor, and TonE, for example. MOO

I agree. And if I had to choose between the two to be excluded I would pick the pictures. That 911 call is chilling. Couple that with the blow fly and decomposition evidence in the car and it becomes pretty powerful evidence.

I have a feeling JS will "split the baby" again and throw out all pre "disappearance" party photos. But I think the fusion party photos especially will stay in.

I can't wait to read the opposition.

 

[panthera]

I agree. And if I had to choose between the two to be excluded I would pick the pictures. That 911 call is chilling. Couple that with the blow fly and decomposition evidence in the car and it becomes pretty powerful evidence.

I have a feeling JS will "split the baby" again and throw out all pre "disappearance" party photos. But I think the fusion party photos especially will stay in.

I can't wait to read the opposition.

I think it might go that way too. I actually can't remember a case off hand when the 911 calls were excluded ~ despite many protests by the defense. It's also important in that Cindy was the one calling, not Casey, and Casey didn't even feel she should have to talk to the operator. Just another damaging note for the defendant, imo. MOO

 

[Just Jayla]

You have GOT to be kidding me!!!!!

Oh my GOD that is the MOST RIDICULOUS motion I have EVER seen! Baez, do you NOT realize that BECAUSE she couldn't close her mouth for two seconds that EVERYONE knows how she really is? Good Lord, so no one can speak to how she really is? All of the HUNDREDS of witnesses who know how she really is can't say a word about it? ARE YOU MAD, BAEZ?

How are earth are you going to say she's not a liar? You can't do that, buddy, BECAUSE THEN THE PROSECUTOR HAS THE RIGHT TO BLOW YOU OUT OF THE WATER! I mean, do you REALLY not understand how cross examination works? Yes, PLEASE get Cindy up on the stand to say Casey's the mother of the year! I want you to be that stupid!

oh God in heaven, please continue to direct JS to see past this pile of poo motions and do the right, logical thing for this case...

I think I need a drink right now...

Seems to be a running theme these days, no one can call a spade a spade anymore, cause someone's feelings might get hurt. Of course Baez filed this motion, there are judges out there that do consider this tripe, and he is fishing for a bleeding heart.
Let's face it, this is not about preserving KC's virtue-This is about the fact that KC supplied herself with enough rope-And JB would like the judge to pull the rope back.

 

[logicalgirl]

I understood what you mean't and I agree about the 911 call.

The same thing with the pictures applies to the 911 call. If the call were to be tossed, I am sure the SA could still ask Cindy what she said the car smelled like when she called 911 and she would have to answer truthfully but would it have the same impact as actually hearing Cindy frantically saying it? Of course it wouldn't.

Casey's actions during those 31 days is very important and I don't think anything that can be 100% proven (through pictures, videos or text messages) is going to be tossed out.

I do believe that the picture prior to June 15th 2008 are irrelevent because I think we all have some pretty wild party pictures of ourselves at that age. I'm thirty and I still have some pretty wild party pictures from time to time.

Okay - now like LALAW2000 - I have to watch my blood pressure, and now I have a headache over my right eye thank you very much Baez. And I have had my cool down walk around a couple of blocks.

Here's what I'm trying to picture. It's the start of the trial, and SA says what about how the Sheriff's department knew Caylee was missing? No 911 call? So they get Cindy up on the stand to have her explain her actions? Baez, you aren't making any sense at all to me. Leave out the part you never make sense to me - but the 911 call is how this all began. To my way of looking at anything, you can't start on page 20 because you don't like the way page 1-19 sound.

And the party pictures? I think it was LolaMoon who said we all did wild and crazy things, so who cares if the jury gets to see Casey squatting in the parking lot. But how does Casey answer what she did during the time she "left Caylee at Sawgrass - er no - at the park when "the babysitter" snatched her? Oh that's right, Casey won't be testifying.

So we have Cindy back up on the stand? To answer why she wrote the message on MySpace? Where her daughter was for a month? And on and on and on.

Those are two such pivotal pieces of information - Baez must be really really wetting himself if he's filed these motions - because there is no way he can explain it away. He floated "ugly coping" - and watched it crash and burn, to the sounds of jeers and laughter.

Time for a toga and a fiddle. Baez. Rome is burning!

 

[mydailyopinions]

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...

 

[heartfortruth]

Seems to be a running theme these days, no one can call a spade a spade anymore, cause someone's feelings might get hurt. Of course Baez filed this motion, there are judges out there that consider this tripe, and he is fishing for a bleeding heart.
Let's face it, this is not about preserving KC's virtue-This is about the fact that KC supplied herself with enough rope-And JB would like the judge to pull the rope back.

yes, the TRUTH can be very "damaging" , can it not?

 

[elementary]

The defense's third request involves asking the judge to bar prosecutors at trial from eliciting "lay opinion" testimony about Casey Anthony's character or motives. Many witnesses have offered to testify to Casey Anthony's inability to tell the truth — a move the defense wants out.

http://www.orlandosentinel.com/news...thony-defense-motions-20100308,0,389653.story

I knew it, I knew it, I knew it! :banghead::furious::banghead:

I found this:

RULES OF EVIDENCE

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY

Rule 701. Opinion Testimony by Lay Witnesses

If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness, and (b) helpful to a clear understanding of the testimony or the determination of a fact in issue.
http://www.courts.state.nh.us/rules/evid/evid-701.htm

Well, here's what I'm wondering. All those witnesses don't have to express an opinion about her character, for example, calling her a liar. They just need to show it in her behaviour, tell their stories. As for motives, I can't imagine anyone would ask a witness that.

The witnesses don't have to say she has an inability to tell the truth. They just need to show it and the prosecution ties it back to their argument.

Could it be that the wording of the request is deliberately misleading? It seems to basically disallow any testimony about character.

 

[Horace Finklestein]

I understood what you mean't and I agree about the 911 call.

The same thing with the pictures applies to the 911 call. If the call were to be tossed, I am sure the SA could still ask Cindy what she said the car smelled like when she called 911 and she would have to answer truthfully but would it have the same impact as actually hearing Cindy frantically saying it? Of course it wouldn't.

Casey's actions during those 31 days is very important and I don't think anything that can be 100% proven (through pictures, videos or text messages) is going to be tossed out.

I do believe that the picture prior to June 15th 2008 are irrelevent because I think we all have some pretty wild party pictures of ourselves at that age. I'm thirty and I still have some pretty wild party pictures from time to time.

I think hearing the 911 call is very important, because Cindy has concocted the lie about 'making something up' to get LE enforcement to the home quicker. When you hear the call, you know that she really is scared and not simply lying to get cops to hurry to the home.

 

[Mystic]

I agree with the older party pics maybe being thrown out, but certainly not the Fusion ones or ones close to just before Caylee coming up missing and the ones after. I do not believe all will be thrown out at all. It goes to the state of mind of the accused just before and after Caylee's disappearance. Good luck on that one, defense team!

As for the 911 calls; those being thrown out will not happen either, IMO.

And yes, Kentjbkent, BIG pot of spaghetti, and it ain't sticking to the proverbial wall! :biggrin:

ITA, any pictures during those 31 days should and will be allowed in from my understanding of things.. and the 911 call... wth are they thinking (or better said, attempting to get away with), those calls were reporting Caylee missing since KC wasn't getting around to it any time 'ever'.

seriously, knowing they really don't seem to have much to work with, isn't there something more constructive they could be doing with their time and limited cash flow to handle defending their client

sorry, ranting.. i know... that's why i usually just read now adays :banghead:

 

[LolaMoon08]

I think hearing the 911 call is very important, because Cindy has concocted the lie about 'making something up' to get LE enforcement to the home quicker. When you hear the call, you know that she really is scared and not simply lying to get cops to hurry to the home.

Oh, I agree. What's going to be even better is when she tries to get the jury to not only believe that she lied about the smell of death in Casey's car but that the smell of old pizza is easily comparable to the smell of death.

I think the good thing is (which the defense will try to have thrown out also) is the July 3rd Myspace blog "My Caylee is Missing" by Cindy Anthony. This will come up before the 911 calls and it shows a very REAL and HONEST Cindy Anthony. The same way that frantic 911 call shows a REAL and HONEST Cindy Anthony.

Cindy is going to lie about the Myspace blog the same way she is going to lie about the smell in the trunk... but, the jury will see through it. You can't hide raw emotions... even though I am sure that Cindy could just magically make them disappear and as with this motion, we know Jose is going to try but I really don't think it is going to work.

 

[Muzikman]

Part of this motion is up on CFNews 13 - 72 pages in 6 files. There should be another 50 pages or so...

http://www.cfnews13.com/News/Local/2010/3/8/casey_trail_date_set.html

 

[chefmom]

I can't wait to see the SA's response to these motions. I'm sure they will make short work of them. Hopefully, Judge S will mention something about how JB is asking for the state of FL to cover the defense expenses and then files motions such as these. Surely JB won't be allowed to waste taxpayer money in such a ridiculous fashion.

 

[ExpectingUnicorns]

http://www.hrlawinfo.com/guide.asp?level=3&id=155

"Prejudicial Evidence:
Evidence that is generally admissible will often be suppressed if the court determines that it is so prejudicial to the defendant that the outcome of the trial will be improperly influenced. Of course, any relevant evidence tending to show the defendant is guilty is inherently prejudicial. However, in a criminal trial, the meaning of “prejudicial evidence” goes to whether a jury will be so swayed that it will convict on emotion rather than proof. For example, the defendant’s racism and bigotry is not admissible where race plays no part in the crime. The judge may hear and see all the evidence, even evidence that may be prejudicial, since she is expected to ignore its prejudicial character."

Seems like there sure is a lot of grey area here, huh?

 

[sleutherontheside]

Part of this motion is up on CFNews 13 - 72 pages in 6 files. There should be another 50 pages or so...

http://www.cfnews13.com/News/Local/2010/3/8/casey_trail_date_set.html

Would you be a dear and give us a synopsis??? :innocent:

 

[Muzikman]

Would you be a dear and give us a synopsis??? :innocent:

Hell, I haven't even read them yet! Just found'em, downloaded and logged in to post the link.

I'm greedy, didn't want the link to slow before I got'em. :crazy:

 

[sleutherontheside]

Of particular note.........in a brief review.......That CA's boss's statement (Charles C) where CA told him that "KC worked at Universal" is being listed as hearsay.

So are we now trying to eliminate all references to KC's job???