Defense Motions Filed 5/20/10

New defense motions filed today:

05/20/2010 Supplemental Motion to Compel Forensic Discovery
05/20/2010 Motion to Strike State's Notice of Aggravating Circumstances

Anthony Defense Seeks More Death Penalty Evidence
Defense Team Files Motion To Strike State's Notice

POSTED: 11:34 am EDT May 20, 2010
UPDATED: 12:28 pm EDT May 20, 2010

ORLANDO, Fla. -- The defense team for Casey Anthony went on the offense Thursday as they demand more information and evidence.

Prosecutors and Anthony's attorneys had a disagreement during court hearings last week over how much detail the state should provide regarding their reasons for seeking the death penalty.

In a motion filed Thursday morning, the defense said the state failed to provide any indication of the evidence it intends to rely on to prove the existence of the aggravating factors.

Prosecutors listed as many as five aggravating factors they may rely on last week, but the defense said that's not good enough.

The defense also demanded more discovery evidence from Oak Ridge Laboratory concerning the so-called sniff tests done on the air in Anthony's car.

Based on what the defense called "experimental research," scientists at Oak Ridge Laboratory came to the conclusion the air had signs of a decomposition event having taken place in the car.

The defense is asking Judge Belvin Perry to decide on the issues.

The state attorney's office is also preparing to release as much as 500 more pages of evidence in the case as early as Friday.

http://www.wesh.com/news/23620126/detail.html

In a motion filed Thursday morning, the defense said the state failed to provide any indication of the evidence it intends to rely on to prove the existence of the aggravating factors.

copied by me from above post.

now hold on, wait a minute... the state was forced to reveal what the aggravating circumstances WERE, no one said ANYTHING about them having to prove their case and reveal all their evidence BEFORE the trial.

i am no legal expert here, but i dont think this is gonna fly.... they are asking for the state to have to practically spell out for the defense their case, and that it certainly not the way the system works.

OMG....as if the paper trail wasn't long enough...And Bozo (oops, sorry) Baez and Co. want EVERYTHING laid right out for them...What's the use of a trial, where things are explained and reasonably questioned??? OH...I forgot...nothing about the defense is reasonable!!!

And I forgot to add...everything about the defense is questionable...

Casey's Lawyers File Motion To Strike In Case

Posted: 1:28 pm EDT May 20, 2010

ORLANDO, Fla. -- Casey Anthony’s defense lawyers are complaining that prosecutors didn't give them notice before filing the legal reasons they plan to argue for a death sentence.

MOTIONS: To Strike | Forensic Discovery

A defense motion filed Thursday also claims prosecutors were not definitive about using all five of the death penalty aggravators and that they failed to indicate which evidence they plan to use to prove the aggravators.

Prosecutors say the murder was cruel, cold, calculated and premeditated, that it was a result of aggravated child abuse, and that Caylee Anthony was particularly vulnerable because her killer was her mother.

http://www.wftv.com/news/23621581/detail.html

Whaaaaat??? You've got to be kidding....

Damn you Cindy...Why didn't you choke the life out of KC when you had your hands around her neck. You could have gotten away with using self-defense as your excuse.

Cali, I think we all agree with you on the above. Atleast Caylee would still be alive today and that would be great.

However, we would never have met each other and that would be terrible.

I don't get why all the info Oak Ridge has can't be shared with the defense nor why it hasn't yet. What's to hide? Nothing!

Perhaps they're not done yet? If so, then why not say so?

Whatever, all Oak Ridge is involved with is the gases emitted from the trunk that indicate a body had been decomposing in there for 2.6 days, and that there was an unusually high presence of Chloroform....

....but chloroform is not a gas. So all they would have 'gas-wise' is the gases emitted from chloroform and a reasonable supposition that those gases came from a chloroform compound.

Does the prosecution even need the Oak Ridge reports to prove their case?

Should they ever rely on them at all?

I just think the whole 'gas' thing is going to be a train wreck! It's going to like the OJ trial when the DNA explanations bored the jury to tears and they ended up not believing a word of it!

The 2.6 days might also prove to be a problem since it isn't known for absolute sure when Caylee was last seen alive. So who needs it? That's another train wreck waiting to happen.

We have the child's remains unburied and tossed into the woods within a couple garbage bags...duct tape over her nose and mouth areas....no one other than Casey has admitted to having been with Caylee after Cindy had her on June 15th. No one other than the Anthonys have claimed to have seen Cayleel after June 15th. There is no ZFG! Does it really matter when she was put in the trunk or how long she was in there? Isn't it enough to suggest cruel and cold circumstances that she was duct taped? They still have the hair with the deathband to highly suggest she was at one time in the trunk.

The premeditated part, though, goes with the gas findings of the chloroform compound coupled with the computer searches of chloroform. Without the 'gas findings' the prosecution has nothing with just the computer searches being as how it could easily be explained away due to Casey's lifestyle and the pic Ricardo posted on his myspace. So that part would be irrelevant, and along with it goes 'calculated' out the window.

But so what? Do they ever need the Oak Ridge reports? Wouldn't it just be cleaner to promote the notion Casey killed Caylee so she could be rid of her and live a party life? That's what she did from the minute Caylee was no longer living until she got put in the slammer! And, unless an accident could be suggested by the defense, then Caylee's death would still be premeditated...just not so far back as when the computer searches were done.

I think sometimes less is more, and it might be to the prosecution's advantage to not use the Oak Ridge stuff at all. This case is so confusing and absent any reliable particulars, I do honestly believe the Oak Ridge stuff is going to do more harm than good for the state.

New documents filed in Casey Anthony case

By Amy L. Edwards, Orlando Sentinel
11:07 a.m. EDT, May 25, 2010

New documents that were filed in the first-degree murder case against Casey Anthony were made public today.

One item deals with a hearing scheduling conflict with Mark NeJame, the attorney representing Texas EquuSearch.

Earlier, Orange-Osceola Chief Judge Belvin Perry set a hearing for June 1 to hear arguments on the defense's requests to seal jail-visitation logs and to have Perry reconsidered earlier rulings by the initial judge on the case.

One of those items to be discussed involves documents belonging to EquuSearch, the group that helped organize large volunteer searches for Casey Anthony's daughter Caylee, before the toddler's remains were found.

NeJame stated that Casey Anthony's defense team scheduled the hearing without coordinating with him, and he had a pre-planned family holiday that day.

NeJame stated his office is coordinating a new hearing date with Casey Anthony's defense, and that he was filing the conflict notice simply to assure his portion of the hearing be cancelled and rescheduled.

Also made public today is a filing from the Justice Administrative Commission, the state entity responsible for paying defense costs.

The JAC was responding to Casey Anthony's request to transcribe eight depositions. The JAC stated it does not object to regular paid rates, which are already established.

The latest additions to the Casey Anthony case file follow several from Monday.

One item filed by prosecutors was in response to a defense request asking the judge to order the state to provide certain forensic information, including details about labs that performed tests on evidence.

In his response, Assistant State Attorney Jeff Ashton said certain items requested by Casey Anthony's defense team are not in the possession of the state or any of its agencies.

Ashton wrote that the state shouldn't be compelled to obtain additional information — known as discovery — that Casey Anthony's defense team can "easily" obtain on their own.

Ashton provided the court with a chart detailing items requested by Casey Anthony's defense. He indicated which items are not discoverable under Florida statute.

http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-jac-equusearch-docs-20100525,0,6302710.story

Anthony Defense, Prosecution Argue Over Evidence
Hearing Also Rescheduled Because Of EquuSearch Conflict

POSTED: 11:58 am EDT May 25, 2010
UPDATED: 12:17 pm EDT May 25, 2010

ORLANDO, Fla. -- Prosecutors said Tuesday that Casey Anthony's defense team is not entitled to certain forensic evidence from out-of-state experts.

Also Tuesday, attorneys for Texas Equusearch said they were not notified prior to a June 1 hearing being scheduled. They're asking the date for any issue involving them to be rescheduled.

Meanwhile, in response to the defense team's request for eight witness transcripts, the state justice administrative commission said they will only pay for transcripts necessary for the defense of the case.

Judge Belvin Perry has yet to rule on this issue.

Anthony is being held at the Orange County Jail on no bond. She is charged with murder in the death of her daughter, Caylee.

Caylee's remains were found in a wooded area off Suburban Drive near the Anthony family home in December 2008.

Anthony maintains a nanny by the name of Zenaida Gonzalez kidnapped Caylee.

http://www.wesh.com/news/23669713/detail.html

State, Team Casey Spar Over Evidence
Casey Anthony Charged With Murder In Death Of Daughter

POSTED: Tuesday, May 25, 2010
UPDATED: 7:34 am EDT May 25, 2010

ORLANDO, Fla. -- Prosecutors in the Casey Anthony murder case told a judge on Monday that they do not have information being sought by her defense team.

Anthony's attorneys want the state to turn over forensic documents, including tests performed on evidence.

Meanwhile, Jose Baez, one of Anthony's attorneys, filed an updated list of witnesses to be questioned in the case, including a neighbor of the Anthony family and an Orange County Sheriff's Office employee.

Anthony, 24, is jailed on first-degree murder charges in the death of her daughter, Caylee, whose remains were found in a wooded area in December 2008. Caylee was 2 years old when she was reported missing in July 2008.

Anthony has pleaded not guilty, and her trial is scheduled to begin in May 2011.

http://www.clickorlando.com/news/23666666/detail.html