Defense Wants Party Pics, 911 Calls & Other Evidence Blocked

Anthony Defense: Block Party Pics
Defense Says Photos Are Too Prejudicial For Jury

POSTED: Monday, March 8, 2010
UPDATED: 9:22 pm EST March 8, 2010

ORLANDO, Fla. -- Casey Anthony's defense attorneys have filed a motion
requesting that a jury never see photos of the young mother partying while her toddler was missing.

Anthony, 23, is jailed on first-degree murder charges in the death of her daughter, Caylee. Caylee was 2 years old when she was reported missing in July 2008 after being missing for a month. Her remains were found five months later.

Anthony's defense said they want Judge Stan Strickland to bar the prosecution from showing a jury photos of Anthony drinking beer and partying during the month between Caylee's disappearance and when she was reported missing.

In the motion, the defense said photos of her partying while Caylee is missing are too prejudicial. The defense also argued that photos of Anthony partying prior to Caylee's disappearance are irrelevant.

The defense is also asking the judge to prevent a jury from hearing Anthony's mother's frantic calls to 911 reporting Caylee missing and from seeing certain witness statements made by Anthony's parents, friends and detectives.

In the 911 call made by Cindy Anthony, the grandmother tells a dispatcher she wants her daughter arrested.

In the call, Cindy Anthony speculates that her daughter's car smells like a dead body. The defense argued that the comments are pure speculation and cannot be used in court.

Other comments made by Casey Anthony's parents characterize her as a liar and a thief.

The defense said these items would make a jury prejudicial and deny Anthony the right to a fair trial.

Casey Anthony's attorneys cited specific case law to argue why these pieces of evidence should be kept out of the hands of the jury. They said all the potentially prejudicial evidence has been analyzed and dissected in the media and they fear a witness will take the stand and share their own personal opinions about Casey Anthony, which is generally not allowed in court.

Meanwhile, Strickland signed an order scheduling the trial to begin on May 9, 2011.

Anthony's defense also recently filed a motion asking Strickland to declare Anthony indigent and have the state cover the defense's costs.

It was revealed on Friday that Anthony has already paid her defense team more than $111,000, but it was not clear where that money came from.

Anthony recently pleaded guilty to check fraud that occurred prior to her arrest on murder charges. In addition, her parents are facing foreclosure on their Orange County home.

Local 6 legal analyst Mark O'Mara said it is possible that Anthony used money from selling photos, videos or information while Caylee was missing.

"Anything that she may have had that she ended up selling to media may well have been the source of the money," O'Mara said.

O'Mara said it would not be illegal for Anthony to have profited from selling photos or videos while Caylee was still missing.

A New York law prevents people from profiting from their crimes. It was passed after the so-called Son of Sam killer, David Berkowitz, tried to profit from his crimes.

"Florida has a similar statute, but it requires you to be convicted," O'Mara said.

Gainesville mass-murderer Danny Rolling inspired the Florida law when he tried selling art and other materials he produced after he was convicted of killing five college students.

Anthony has not been convicted of murder, so the law does not apply to her.

However, the law states that even before conviction, Anthony and other accused criminals would not be allowed to pay their attorneys with money they obtained illegally. For example, an accused drug dealer could not use money earned from dealing drugs to pay an attorney.

"If it came from an illegal source, then it can be seized by the court," O'Mara said. "There's no allegation here (that) what she got was from an illegal source."

Strickland questioned defense attorney Jose Baez behind closed doors after the state questioned whether he stood to profit from any entertainment deals. At that time, the judge found that the defense, however it has been paid, has done nothing wrong.

Strickland has not ruled on the motion requesting that Casey Anthony be declared indigent, but O'Mara predicted he will approve the request, because denying it could be seen as preventing her from getting the defense she needs in a death penalty case.

Lawyers said the costs could reach half a million dollars by the time the case is over.

http://www.clickorlando.com/news/22777421/detail.html

Defense wants party pictures of client barred from trial

By Sarah Lundy, Orlando Sentinel
7:04 p.m. EST, March 8, 2010

Casey Anthony's defense team doesn't want a jury to see the "party girl" pictures of the 23-year-old, fearing the photos would "inflame the jury" against her.

They call these pictures — most of them taken before her daughter disappeared — irrelevant.

This is one of three defense requests filed late Monday in the first-degree murder case against Casey Anthony, who is accused of killing her two-year-old daughter, Caylee.

The toddler vanished mid-June 2008 but was reported missing a month later. Her remains were found on Dec. 11, 2008 in woods less than a mile from her family home.

During the investigation, photos have surfaced on the Internet showing Casey Anthony partying with friends in local nightclubs, bars and wild house parties.

One shows a bare-shouldered Anthony wrapped in an American flag and grasping a pitcher of beer. Another catches Anthony dancing with a woman at a nightclub. Three others show Anthony crouching in front of a toilet, pulling down her pants and smiling as a man grabs her breast.

Her attorneys argue the photos have caused a "hostile reaction" by the public, according to the motion.

"The issue in this case is whether or not Miss Anthony committed first-degree murder of her daughter," her attorneys Andrea Lyon and Jose Baez wrote in the motion. "These photographs add nothing to the resolution of that issue."

The defense also wants to keep several statements made by friends and family out of the trial. Many comments the defense considers to be what people heard about the crime and of prior wrong-doings by Casey Anthony.

Her legal team wants to keep out the 911 calls made by Casey Anthony's mother, Cindy Anthony, the day she reported Caylee missing. Cindy Anthony told a dispatcher that she found her daughter's car and it smells like there's been a "dead body" in it.

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.

Orange Circuit Court Stan Strickland has not ruled on the issues or set any hearings.

Since Caylee was reported missing July 15, dozens of photos have surfaced on the Internet showing Casey Anthony partying with friends in local nightclubs, bars and wild house parties.

One shows a bare-shouldered Anthony wrapped in an American flag and grasping a pitcher of beer. Another catches Anthony dancing with a woman at a nightclub. Three others show Anthony crouching in front of a toilet, pulling down her pants and smiling as a man grabs her breast.

http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-defense-motions-20100308,0,389653.story

They're all insane...Why don't we just forget that a child was murdered??? That way we would't have to have a trial....The Defense is nutz if they think Judge Strickland is gonna rule in their behalf on these issues...Just think it's another ruse to make headlines....

well SINCE KC herself made it a point to say that she was LOOKING for caylee in those bars and parties, any pictures of her at the bars/parties after June 16th 2008 are admissible, and there is nothing the defense can do about it.

the 911 calls from CA are also in the realm of EVIDENCE. and are admissible.. why on earth would they not be.

WHY dont we just throw out ANYTHING that would be devastating to the defense..

Im with you Estee.. i think they are just throwing out all the bait they have, just hoping something bites.. but strickland is one SMART fish.. and this crap ain't gonna fly!!

IMO, there is no way the 911 calls OR the pictures from Fusian while Caylee was supposedly "missing" will not be allowed into the trial....

That last 911 call has CA on record saying, "It smells like there's been a dead body in the damn car!" It's called excited utterance..... and I believe the Judge will allow it.

As far as the party pics go, I can see them not allowing in the pictures of KC partying BEFORE KC says Caylee was taken by the imaginanny. But the pictures taken afterward of her partying go to her state of mind. And they completely contradict her statement to LE that she was doing her own "investigation." The jury has a right to see just how she was investigating.

You all are right! Just throw everything out and forget it! next thing you know Baez will be filing a motion to have evidence of Caylee being dead thrown out because she's been cremated.

Randi...I think Jose should stick with spaghetti...that's one thing that will stick to the wall....

I have reached a decision on the motions filed today.

Anthony's defense said they want Judge Stan Strickland to bar the prosecution from showing a jury photos of Anthony drinking beer and partying during the month between Caylee's disappearance and when she was reported missing.

In the motion, the defense said photos of her partying while Caylee is missing are too prejudicial.

Motion denied! The photos provide reasonable doubt to the defense's claim that Casey was looking for Caylee before she was reported missing.

The defense is also asking the judge to prevent a jury from hearing Anthony's mother's frantic calls to 911 reporting Caylee missing and from seeing certain witness statements made by Anthony's parents, friends and detectives.

In the 911 call made by Cindy Anthony, the grandmother tells a dispatcher she wants her daughter arrested.

In the call, Cindy Anthony speculates that her daughter's car smells like a dead body. The defense argued that the comments are pure speculation and cannot be used in court.

Motion denied! The 911 calls help establish that Caylee was missing for a month before she was reported missing.

Good!

Right on, J4A!! 8)

And I hope you're right!!

Oh, now I see, that was J4A's decision.

You got me J4A!

i didnt want to say anything julie..

i am glad you got that on your own.. LMAO

Anthony Attorneys: Exclude Party Pictures Please

Monday, March 08, 2010 11:44:32 PM
Reported by Adam Longo

ORLANDO -- Casey Anthony will get her day in court beginning May 9, 2011.

Anthony pleaded not guilty and said a babysitter kidnapped her daughter, Caylee. The toddler's remains were found in December 2008, months after she was reported missing.

Prosecutors will release more evidence on Wednesday in the case against Anthony.

Meanwhile, her defense team wants pictures, interviews and phone calls thrown out.

Numerous pictures have surfaced showing Anthony partying with her friends.

The defense argues these pictures create a huge bias against Anthony. The team also said only one set of pictures fall in the timeframe of when her daughter was missing.

Her lawyers said any pictures taken at clubs, bars or parties before Caylee's disappearance are irrelevant.

In a new motion, the defense writes "the media has used multiple photos in order to vilify her as a ‘party girl’ who must be responsible for her daughter's death."

There's also a list of statements submitted by the defense that they want no mention of at Anthony's trial.

Some of those statements include the infamous 911 call when Cindy Anthony said "it smelled like a dead body in the car," or when George Anthony said to a tow truck worker "the daughter is telling us crap, a bunch of lies."

It also includes statements Roy Kronk made to former deputy Richard Cain.

Her team said it’s unfair to the case, and a jury should never hear about it.

The defense wants it all tossed out on the basis that it's hearsay evidence.

• Compiled Hearsay Statements
  
• Motion To Exclude Irrelevant Evidence of Party Pictures
  
• Memorandum Supporting Party Picture Motion
  
• Party Pictures Link On Web
  
• Motion To Exclude Lay Opinion Testimony
  
• Motion To Exclude Hearsay Evidence, Gossip and Innuendo
  
• Amended Proposed Order Setting Discovery, Motion and Hearing Deadlines and Trial Date
  

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

randilynn wrote:

i didnt want to say anything julie..

i am glad you got that on your own.. LMAO

I really have to stop "speed reading"!

I think this would go on this thread.

Omnibus Motion to Exclude Hearsay Evidence, Gossip, and Innuendo

http://www.docstoc.com/docs/28317845/03082010-Omnibus-Motion-to-Exclude-Hearsay-Gossip-and-Innuendo

oops, sorry Snaz, I just noticed you posted this one too.

And this one too:

03082010 Casey Motion To Exclude Hearsay Evidence Gossip and Innuendo

http://www.docstoc.com/docs/28320136/03082010-Casey-Motion-To-Exclude-Hearsay-Evidence-Gossip-and-Innuendo

---
This is almost everything that any of them ever said!

Snaz, you've got this one too.

What....they didn't mention the lovely Target photos or the ones at the bank....All the photos go to motive...I don't see how how they could be blocked...well maybe the one of her urinating in the parking lot ...unless it goes to show just how drunk she would get...

Of course the defense would want the pics blocked! I highly doubt that motion will be granted. But, even if they were, you still have the prosecution's witnesses that will tell the jury exactly what KC was doing during the 30 days and that she never told one of them Caylee was missing.

LottieM wrote:.....next thing you know Baez will be filing a motion to have evidence of Caylee being dead thrown out because she's been cremated.

Lame to quote myself, but I found it funny in light of the following>


From the Valhall thread>
according to James L. McIntyre
The body – that was found in the swampy area on Suburban Drive – is that of “Baby Doe” who was murdered by her steroid-using father in spite of Baby Doe’s mother and grandmother.

Yikes! I must be psychic! 8)

im with AJ..

i think that all pics taken BEFORE caylee went missing will be excluded.. as they are more prejudicial than probative.

anything while she was missing, and the 911 calls are no doubt going to be entered as evidence. ...