State Wants Jury to Hear 911 Calls

Prosecutors argue jury should hear 911 calls

By Anthony Colarossi, Orlando Sentinel
11:00 p.m. EDT, June 9, 2010

Prosecutors in the Casey Anthony case filed a document Wednesday laying out arguments for letting jurors hear 911 calls made at the very start of the child murder case in July 2008.

Anthony's legal team has argued that dozens of statements made by her friends and family amount to hearsay and should be kept out at her trial scheduled for next year.

But in Monday's nine-page filing, Assistant State Attorney Linda Drane Burdick argues that the 911 calls made by Cindy Anthony, the defendant's mother, should be heard. The prosecutor contends that the calls help show the progression of stories Casey Anthony told to explain the disappearance of her daughter Caylee Marie.

Anthony is charged with killing the 2-year-old, whose remains were found in woods in December 2008, months after her disappearance and the 911 calls.

Cindy Anthony's first call to authorities on July 15, 2008, chiefly involved reporting her daughter for a stolen car.

The second call is longer and more detailed. During the call, Cindy Anthony tells a dispatcher the child has been missing for a month. And she says she wants Casey Anthony arrested for stealing the car and money.

By the third call, Cindy Anthony is crying. "I found out my granddaughter has been taken," she tells the dispatcher. "She has been missing for a month. Her, her mother finally admitted that she's been missing."

Later in that call, she says, "There's something wrong. I found my daughter's car today and it smells like there's been a dead body in the damn car."

Still later in the call, Cindy Anthony says that her daughter admitted that the child had been taken by a nanny a month earlier.

The calls show how "the defendant 'created' the kidnapping story after denying there was any problem locating Caylee Marie Anthony," Burdick states. "These fabrications demonstrate consciousness of guilt on the part of the defendant …"

Casey Anthony's defense team earlier filed an extensive memo detailing arguments why the 911 calls and other statements should be excluded.

In one document, the defense noted the 911 statements should be excluded because they're "testimonial."

Because it is a capital case, "unreliable hearsay evidence must be excluded," Anthony's team argued.

In early May, Orange-Osceola Chief Judge Belvin Perry Jr. said he would rule on the hearsay issue later on in the case.

http://www.orlandosentinel.com/news/local/caylee-anthony/os-casey-anthony-911-callls-20100609,0,709258.story

Prosecutors Want Cindy Anthony's 911 Call Heard

Posted: 11:51 am EDT June 10, 2010

ORANGE COUNTY, Fla. -- Prosecutors in the case against Casey Anthony say that 911 calls made by Casey’s mother, Cindy should be heard during her murder trial.

"There's something wrong. I found my daughter's car today and it smells like there's been a dead body in the damn car," Cindy Anthony said in the 911 call.

Prosecutors filed a motion Wednesday to include the calls, saying they help show the progression of stories Casey Anthony told to explain the disappearance of her daughter Caylee.

But the defense team says the calls should be excluded because they're "testimonial."

Chief Judge Belvin Perry says he will decide on the issue later on in the case.

WFTV.com is working to obtain the prosecutor's motion and will post it as soon as it becomes available.

http://www.wftv.com/news/23858120/detail.html

State's of Florida's Response to Court's May 10, 2010 Order Regarding Theory of Admissibility of 911 Calls

http://www.wftv.com/pdf/23858915/detail.html

The calls show how "the defendant 'created' the kidnapping story after denying there was any problem locating Caylee Marie Anthony," Burdick states. "These fabrications demonstrate consciousness of guilt on the part of the defendant …"

I agree 100% with Burdick's statement. The 911 calls should be included. They show the beginning of Casey's long series of lies. These are lies that only a guilty person would tell when their child is missing.

The 911 calls are part of the public record, and was the beginning of the "hiss and run" stories told by the Anthony family.

Updated WFTV article:

Prosecutors Want Cindy Anthony's 911 Call Heard

Posted: 11:51 am EDT June 10, 2010Updated: 12:51 pm EDT June 10, 2010
ORANGE COUNTY, Fla. -- Prosecutors in the case against Casey Anthony say that 911 calls made by Casey’s mother, Cindy, should be heard during her murder trial.

DOCUMENT: Motion To Hear 911 Call
CINDY'S 911 CALLS: Dead Body | Turn In Casey | Caylee Missing

"There's something wrong. I found my daughter's car today and it smells like there's been a dead body in the damn car," Cindy Anthony said in the 911 call (hear it).

Prosecutors filed a motion Wednesday (read it) to include the calls, saying they help show the progression of stories Casey Anthony told to explain the disappearance of her daughter Caylee. But the defense team says the calls should be excluded because they're "testimonial."

Chief Judge Belvin Perry says he will decide on the issue later on in the case.

http://www.wftv.com/news/23858120/detail.html

This is the defense's motion regarding the 911 calls:

Omnibus Motion to Exclude Hearsay Evidence, Gossip, and Innuendo

http://www.wftv.com/pdf/22797784/detail.html

thanks snaz, that motion was good reading.. LOL

i have come to 2 equally possible conclusions...

1- the defense method of choice is to smoke crack and then right the motions.. because that was REDONKULOUS!! (ie CA was not stressed about caylee when she made the 911 call because she had been missing for 31 days) HA.. i laugh at that, she MAY have known caylee was "missing" if YOUR CLIENT wouldnt have taken GREAT PAINS to make up lies to fool CA and GA..

2- is it just me, or did the defense succeed in doing the exact opposite for which they intended?? i think after reading their motion that they proved the states case for them, and (i didnt know it was possible) made their client look EVEN WORSE!!!

bang up job for the defense... the 911 calls will be admitted and KC looks even worse for being so "calm" as they themselves put it....

How would those 911 tapes play with a jury?

posted by halboedeker on June, 14 2010 10:38 AM

The 911 tapes in the Casey Anthony were a big story last week in the sprawling case, and people are still talking about the issue.

Prosecutors want Cindy Anthony’s 911 calls played for the jury in daughter Casey’s murder trial. Casey is charged with first-degree murder in the death of her daughter, Caylee. Casey’s defense wants the 911 calls excluded as hearsay.

Why are the tapes so important?

“They show how Casey Anthony reacted to her own mother’s distress, and that is not going to play well with the jury,” said Orlando attorney Richard Hornsby last week in offering legal analysis for WESH-Channel 2.

What do you think?

Hornsby described Casey’s reaction at the time as “monotone.” Judge Belvin Perry will rule on the prosecution’s motion, and there’s no timetable on when that decision could come down.

http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2010/06/casey-anthony-how-would-those-911-tapes-play-with-a-jury.html

The 911 tapes will probably play with a jury like the 31 days, the death hair in the trunk, the partying while Caylee was missing, the fake nanny, the hundreds of lies Casey told, and Caylee being found in the woods with duct tape around her skull and a heart sticker on the duct tape.

Will 911 Calls Be Excluded In Casey Case?

Sunday, June 20, 2010 9:00:03 AM

ORLANDO -- The Case Against Casey Anthony heads back to court this week.

A status conference is scheduled for Monday afternoon in her murder case.

Anthony isn't scheduled to attend the hearing.

The judge in the case has yet to rule on the 911 calls Cindy Anthony made after learning of her granddaughter’s disappearance nearly two years ago.

On the calls, Cindy Anthony said it smelled like there had been a dead body in Casey's car.

Prosecutors want jurors to hear those calls, but Casey's lawyers are fighting that. They say Cindy was exaggerating in order to get a faster response from deputies.

Lawyers for both sides continue taking depositions of witnesses in the case.

Casey's trial is not scheduled to begin until next year.

http://www.cfnews13.com/News/Local/2010/6/20/will_911_calls_be_excluded_in_casey_case.html

On the calls, Cindy Anthony said it smelled like there had been a dead body in Casey's car.

Prosecutors want jurors to hear those calls, but Casey's lawyers are fighting that. They say Cindy was exaggerating in order to get a faster response from deputies.

J4A~ No kidding! I guess her 'exaggertion' was so believable, it made George puke in the trash can twice during his police interview?

If Cindy was just exaggerating, of course for a purely innocent reason, that does not explain all the things George told LE- before he made an about face, I mean.
kh

the smell of decomposition is reported to be unique and unmistakable. George smelled it, was afraid to open the trunk and askad the tow yard man to accompany him to the rear of the car, and George was mumbling a prayer please don't let it be Casey or Caylee in there,

Now isn't it just dandy...It took Cindy 2 years to come up with the idea that she was just frantic to get LE to appear and she thought they'd get a move on if she mentioned that offensive odor..."Oh, I really didn't mean it...mercy me...now wasn't that just pizza George???"(my own quotes)...If it wasn't so serious it would be laughable...Now tell me...do YOU think she's been coached??? CONSPIRACY....

911 Calls Debated At Anthony Hearing
Hearing Set For July 15 On 911 Calls

UPDATED: 4:49 pm EDT June 21, 2010

ORLANDO, Fla. -- Orange County Chief Judge Belvin Perry scheduled a hearing for July 15 to discuss the use of 911 calls as evidence in the case against Casey Anthony.

It was the phone call that started it all -- an emotional 911 call made by Cindy Anthony to report her granddaughter, Caylee Anthony, was missing.

"There's something wrong. I found my daughter's car today, and it smells like there's been a dead body in it," said Cindy Anthony during the call.

Casey Anthony also spoke to a 911 dispatcher and said Caylee had been missing for 31 days and that she knew who had her.

Anthony's defense team does not want the 911 calls admitted as evidence, but the prosecution wants to use them.

Legal experts said 911 tapes are usually considered hearsay, but there have been exceptions when the words are considered spontaneous.

Defense attorneys said Cindy Anthony's call was not spontaneous because she ran errands and talked to people before making the call.

"It's not admissible evidence. Anyone can pick up a phone and say anything," defense attorney Cheney Mason said.

http://www.wesh.com/news/23980002/detail.html

911, What’s Your Emergency?

Jun 21st, 2010 by Richard Hornsby.

Foghorn Leghorn sure is getting his beard in a tizzy about the State’s Motion to Admit Cindy Anthony’s 911 Calls.

And while I don’t fault the defense for trying to exclude the 911 tapes, their lack of foresight just highlights the Casey Anthony defense team’s continuing weakness – too much energy focused on losing battles (but then again, with five pro-bono attorneys, a legal clinic, and endless time on their hands, what’s a little wasted energy.)

But more importantly, they just don’t seem to understand the true evidentiary value the 911 calls provide to the State or the legal basis by which the State is seeking the 911 calls’ admission.

Instead the defense rests their entire evidentiary objection to the admission of the 911 calls on “hearsay.” An unimaginative and shallow objection under the procedural nature and facts of this case.

Read more: http://blog.richardhornsby.com/2010/06/911-whats-your-emergency/

To hear CA blatantly lie, on natiuonal TV over and over again is also looking funny..

Hopefully we will see a different CA on July 15th at the hearing. Will she actually tell the truth then, of will she be her usual gum chewing, face-making, lying self? I hope GA attends this hearing, where he will be sitting in front of CA and can see the ugly faces she makes.