Motions Hearing 5/10/10 (Criminal)

Where Will Casey’s Trial Be Held?

Monday, May 10, 2010 6:06:04 AM
Reported by Mark Jenkins

ORLANDO -- Questions about the death penalty could be answered this week in the Case against Casey Anthony.

However, the court could decide today if her murder trial will be held in Orange County.

Defense Attorney Jose Baez wants to send the case to South Florida – in either Miami-Dade or Broward counties.

He said there's been far too much publicity surrounding the case and that it'd be hard to find a jury that hasn't already heard about Anthony, much less developed their own opinion about her.

That would mean moving some 200 witnesses, a judge and court personnel and dozens of investigators for possibly a month.

Legal experts said that could cost tens of thousands of dollars.

Chief Judge Belvin Perry has already said it'd be cheaper to hold it here and bring in potential jurors from outside the county.

They would then be sequestered, which legal analyst Richard Hornsby said would hurt the defense.

"Once you start telling people that you are going to have to live in a hotel for three months, people who might want to be on your trial and be more defense friendly will say ‘I can't put my life on hold,'" Hornsby said.

Defense attorneys believe the story has gotten considerably less air time in South Florida.

Perry will also look at other motions this week, like defense objections to the death penalty, which Anthony faces after being charged with killing her daughter.

Her trial is still set for May 9, 2011.

http://www.cfnews13.com/News/Local/2010/5/10/where_will_caseys_trial_be_held.html

Casey Anthony change of venue request

Updated: Monday, 10 May 2010, 7:17 AM EDT
Published : Monday, 10 May 2010, 6:40 AM EDT

ORANGE COUNTY, Fla. (WOFL FOX 35) - Casey Anthony is scheduled to be back in front of an Orange County judge today at 9:00 a.m.

Motions to be addressed today include steps by the Anthony defense team to change the location for the murder trial, seal jail visitation logs and exclude hearsay evidence and lay opinion testimony brought forth by the prosecution. On Tuesday, the defense will present arguments against the death penalty, which they contend is unconstitutional.

Last week Judge Belvin Perry denied a request from Anthony's attorney to seal all records related to the public funding of her defense.

Judge Perry said Anthony's attorney failed to prove that releasing the information would jeopardize her right to a fair trial. Jose Baez had argued that making the records public could reveal strategy and the type of expert witnesses the defense is hiring.

Anthony has been declared indigent, allowing public money to pay for expert witnesses and other costs but not attorney fees

Anthony's murder trial is set to begin on May 9, 2011. All depositions of witnesses are to be completed by October 31, 2010. She remains jailed on a charge of first-degree murder in the death of her daughter Caylee who was last seen in June of 2008, but she was not reported missing until a month later. Her remains were found in woods near the family's home on December 11, 2008. Investigators say the toddler's body was found with duct tape over her mouth.

http://www.myfoxorlando.com/dpp/news/anthony_case/051010-Casey-Anthony

Busy Week Ahead In Case Against Casey

Posted: 6:46 am EDT May 10, 2010
Updated: 8:45 am EDT May 10, 2010

ORLANDO, Fla. -- With hearings scheduled for both Monday and Tuesday, it is expected to be a busy week in the Case against Casey Anthony.

Eyewitness News will be in the courtroom for both hearings on the docket.

WATCH LIVE: Casey Hearing at 9:00am

Monday morning, the court will hear a motion from the defense about possible witness testimony. Judge Belvin Perry will also review other pending motions. On Tuesday, Judge Perry will hear motions related to the death penalty.

http://www.wftv.com/news/23503932/detail.html

Casey Defense Wants Party Pics Blocked
Casey Anthony Attorneys Hope Jury Of Peers Won't Be From Orange County

POSTED: Monday, May 10, 2010
UPDATED: 7:21 am EDT May 10, 2010

ORLANDO, Fla. -- Casey Anthony and her lawyers will be back in court Monday, for a hearing that could help decide who will and won't be on the jury.

Anthony is expected to stand before a jury of her peers one year from now, but her defense team is hoping those peers won't be from Orange County.

Anthony's attorney, Jose Baez, has an idea of where he thinks his client would get more of a fair trial.

"South Florida, believe it or not, is one of the best places to seat a fair and impartial jury," Baez said.

It would be costly to taxpayers if the trial is moved, but Judge Belvin Perry may consider simply picking a jury from out of town and secluding them in Orange County during the two-month trial.

Baez will state his argument before the judge Monday morning. He will also request to keep photos showing Anthony partying out of the courtroom.

Anthony's lawyers also plan to go after physical evidence on which prosecutors are building their case. The judge will look at whether or not jurors should hear allegations of domestic violence against the former county employee who found Caylee's body.

On Tuesday, the judge is expected to deal with defense motions attacking the death penalty, which the state is recommending.

Monday's hearing is set to begin at 9 a.m. at the Orange County Courthouse.

Watch Local 6 News for more on this story.

http://www.clickorlando.com/news/23503687/detail.html

Hearing Slated In Casey Anthony Case
Jail Visitor Logs, Party Pictures, Change Of Venue Amid Motions To Be Heard

POSTED: 6:04 am EDT May 10, 2010
UPDATED: 6:37 am EDT May 10, 2010

ORLANDO, Fla. -- It is another big day Monday in the case against Casey Anthony as the new judge continues to waste no time.

Judge Belvin Perry will hear a total of seven motions filed by the defense in a hearing scheduled for 9 a.m. at the Orange County courthouse.

The defense wants to seal jail visitor logs, eliminate evidence they are calling irrelevant -- evidence like pictures of Anthony partying when her daughter Caylee was missing. The issue of change of venue will also be heard.

Anthony's attorney, Jose Baez, has said he doesn't feel his client could get a fair trial in Orlando because of the media attention the case has drawn.

"One of the things that the court must take into consideration is you cannot force a change of venue on someone," Perry said.

Judge Perry said he would would need to find out if the chief judge in a potential new district has the the capability of handling such a high profile case.

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

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

Anthony maintains a nanny by the name of Zenaida Gonzalez kidnapped Caylee, then 2 years old.

http://www.wesh.com/news/23503688/detail.html

Casey Trial To Be In Orlando With Out-Of-Town Jurors

Updated: 11:57 am EDT May 10, 2010

ORLANDO, Fla. -- Judge Belvin Perry kept up the pace in the Casey Anthony case proceedings, working through several motions during a 90-minute hearing Monday morning, including deciding on jurors coming from outside of Orange County. A second hearing this week will be held Tuesday morning.

Casey Anthony walked in to the courtroom for Monday's 9:00am hearing wearing a shiny, tan, button-down collared shirt and long pants around 8:53 (images| raw video). She sat down next to attorney Jose Baez and the two briefly spoke, with Casey flashing a quick smile.

CASEY ARRIVES 05/10: See Images | Raw Video
COURT PHOTOS: Go Inside 05/10/10 Hearing
INTERVIEW: Jose Baez After Hearing
05/10 HEARING: Part 1 | Part 2
MOTIONS HEARD: Venue Change | "Party Pics" | Dismiss Indictment | Exclude | Compel
PARTY PICS: 'Controversial' Photos Of Casey

The hearing started with a discussion of the defense request to change the location of the trial (read motion).

The state told Judge Belvin Perry that they do not necessarily object to the defense request and that they are willing to wave an attempt to seat a jury in Orange County. Prosecutor Linda Drane said they could argue against it, but are choosing not to.

With that, the judge gave Baez an opportunity to speak, despite the state choosing not to object.

“Every now and then a case comes along that is just different,” Baez argued.

Baez told Judge Perry that he wants to move the case to specific parts of Florida, due to demographics and awareness of the case, specifically suggesting south Florida while arguing against north Florida. Baez made his arguments for nearly 15 minutes, during which time Judge Perry interrupted him and asked him to get more focused.

Baez concluded his arguments with a video presentation he created showing a series of video clips of both news coverage and other clips. The video was highly-emotional, showing confrontations outside the Anthony home and fan video blogs.

“Other than your objections to the 4th Judicial Circuit, do you have any other objections?” Perry ask Baez when the presentation ended.

Baez said his only other objection is the 1st Judicial Circuit (Pensacola).

The state then was given a chance to speak to Baez’s arguments. Prosecutor Linda Drane argued that the judge should give priority to any county matching the Orange County demographic when selecting a jury and argued that there was no reason, since the jury will be sequestered, for the trial not to be held in Orange County using an out-of-town jury pool. Drane also asked the judge to consider a gag order for all the attorneys in the case.

Baez was then given one last chance to speak and added Hillsborough County as a county he'd prefer not be considered for the trial or jury pool, because of its proximity to Orange County.

“The defendant’s motion for change of venue will be granted at the appropriate time,” Perry announced after a short sidebar with both parties.

Judge Perry said he will rule at a later time as to the location for selecting a jury and said he’ll take into consideration both side’s arguments in selecting a site and, at some point, he’ll contact jurisdictions regarding jury selection.

“The jury will be sequestered. They will be brought back to Orange County. They will be kept at an undisclosed location,” Judge Perry said. “I will be entering a gag order [for the attorneys]. I will be doing that at a sufficient time.”

Judge Perry said the location where the jury will come from will not be revealed until as late as possible. He also said he had no concern over protesters, if there were any, and said the sheriff’s office and police department will deal with any issues if they arise.

The judge then asked to discuss the motion the defense filed to have the "party pics" of Casey Anthony (see pics) excluded from evidence for the trial (read motion). The defense is arguing that the photos do nothing to prove whether Casey was or was not a good mother and, therefore, have no relevance.

“To assume that a person is a bad person because they go to a nightclub, or they drink a beer,” Baez argued, “ is completely unconscionable.”

The defense wants to keep Casey's party photos, both before and after Caylee disappeared, out of the trial. But, prosecutors say, if the defense wants to call friends and family to testify about what a good mother Casey was and that she went to bars looking for Caylee, then the photos of Casey participating in a "hot body" contest four days after Caylee disappeared will be relevant evidence.

“The court will defer ruling,” Judge Perry said after hearing both sides. “The state and the defense, since you are required to exchange photos with each other, I’m going to give you till March 2011 which photos you are intending to use. We shall have a hearing no later than the 31st of March to go over those photographs and hear any other arguments you might have.”

The defense largely backed off of its hearsay motion (read it), mainly because it was unnecessary; the rules already prohibit hearsay in trials, for the most part.

Cindy Anthony's frantic 911 call telling the sheriff's office that Caylee was missing is still something the defense wants to keep out of the trial; Cindy called 911 and then Casey got on the line and calmly lied to the 911 operator about having recently received a call from Caylee's alleged nanny. The judge did not rule.

Judge Belvin Perry then quickly denied the defense motion to "dismiss defective indictment" (read it) without hearing arguments from either side; both had already presented their arguments in writing regarding the indictment against Casey.

The court then began discussing a "motion to compel" filed by the defense (read it) seeking to obtain certain documents they feel have not been turned over to them. Judge Perry asked Baez to specifically go over what he was seeking.

"This has been an ongoing issue," Baez argued to the court after the prosecution suggested it was giving them everything it should.

Both parties then went back and forth regarding the documents the defense feels they deserve but apparently haven't received.

“We will table this one here and, uh, if there’s an expert witness for bench notes, list that expert saying you haven’t gotten it and I’ll have the state file a written response,” Judge Perry said, adding that Baez will get 10 days to submit and the state will get 10 days after that to respond.

“Any other discovery issues that we need to be working on, that we need to set hearings for down the road?” Judge Perry asked as the 90-minute long hearing wrapped up. “OK, we’ll be in recess on this matter until 9 o’clock tomorrow morning.”

Tuesday, the judge will hear the defense arguments against Florida's death penalty and why Casey in particular should not face the death penalty if found guilty for the murder of her daughter Caylee.

http://www.wftv.com/news/23503932/detail.html

I think it was Richard Hornsby who said months ago that bringing in an out-of-town jury would be the most likely outcome. I don't envy them, but it's better than making over 200 witnesses go out of town for the trial. I'm not sure what all the rules are for the jurors, but they probably involve no internet, phone calls, TV, newspaper, etc. I'm sure they can at least have books, and maybe have access to a portable DVD player that can't tune in over the air stations.

On Tru-TV they said it would most likely be older,retired people which isn't necessarily favorable to the prosecution. I think all we need is a truly impartial jury and we will get the outcome most of us are hoping for.

Updated WFTV article:

Casey Trial To Be In Orlando With Out-Of-Town Jurors

Posted: 6:46 am EDT May 10, 2010
Updated: 12:38 pm EDT May 10, 2010

ORLANDO, Fla. -- Judge Belvin Perry kept up the pace in the Casey Anthony case proceedings, working through several motions during a 90-minute hearing Monday morning, including deciding on jurors coming from outside of Orange County. A second hearing this week will be held Tuesday morning.

Casey Anthony walked in to the courtroom for Monday's 9:00am hearing wearing a shiny, tan, button-down collared shirt and long pants around 8:53 (images | raw video). She sat down next to attorney Jose Baez and the two briefly spoke, with Casey flashing a quick smile.

CASEY ARRIVES 05/10: See Images | Raw Video
COURT PHOTOS: Go Inside 05/10/10 Hearing
INTERVIEW: Jose Baez After Hearing
05/10 HEARING: Part 1 | Part 2 | Part 3
VIDEO REPORT: Casey In Court For Hearing
MOTIONS HEARD: Venue Change | "Party Pics" | Dismiss Indictment | Exclude | Compel
PARTY PICS: 'Controversial' Photos Of Casey

The hearing started with a discussion of the defense request to change the location of the trial (read motion).

The state told Judge Belvin Perry that they do not necessarily object to the defense request and that they are willing to wave an attempt to seat a jury in Orange County. Prosecutor Linda Drane said they could argue against it, but are choosing not to.

With that, the judge gave Baez an opportunity to speak, despite the state choosing not to object.

“Every now and then a case comes along that is just different,” Baez argued.

Baez told Judge Perry that he wants to move the case to specific parts of Florida, due to demographics and awareness of the case, specifically suggesting south Florida while arguing against north Florida. Baez made his arguments for nearly 15 minutes, during which time Judge Perry interrupted him and asked him to get more focused.

Baez concluded his arguments with a video presentation he created showing a series of video clips of both news coverage and other clips. The video was highly-emotional, showing confrontations outside the Anthony home and fan video blogs.

“Other than your objections to the 4th Judicial Circuit, do you have any other objections?” Perry ask Baez when the presentation ended.

Baez said his only other objection is the 1st Judicial Circuit (Pensacola).

The state then was given a chance to speak to Baez’s arguments. Prosecutor Linda Drane argued that the judge should give priority to any county matching the Orange County demographic when selecting a jury and argued that there was no reason, since the jury will be sequestered, for the trial not to be held in Orange County using an out-of-town jury pool. Drane also asked the judge to consider a gag order for all the attorneys in the case.

Baez was then given one last chance to speak and added Hillsborough County as a county he'd prefer not be considered for the trial or jury pool, because of its proximity to Orange County.

“The defendant’s motion for change of venue will be granted at the appropriate time,” Perry announced after a short sidebar with both parties.

Judge Perry said he will rule at a later time as to the location for selecting a jury and said he’ll take into consideration both side’s arguments in selecting a site and, at some point, he’ll contact jurisdictions regarding jury selection.

“The jury will be sequestered. They will be brought back to Orange County. They will be kept at an undisclosed location,” Judge Perry said. “I will be entering a gag order [for the attorneys]. I will be doing that at a sufficient time.”

Judge Perry said the location where the jury will come from will not be revealed until as late as possible. He also said he had no concern over protesters, if there were any, and said the sheriff’s office and police department will deal with any issues if they arise.

The judge then asked to discuss the motion the defense filed to have the "party pics" of Casey Anthony (see pics) excluded from evidence for the trial (read motion). The defense is arguing that the photos do nothing to prove whether Casey was or was not a good mother and, therefore, have no relevance.

“To assume that a person is a bad person because they go to a nightclub, or they drink a beer,” Baez argued, “ is completely unconscionable.”

The defense wants to keep Casey's party photos, both before and after Caylee disappeared, out of the trial. But, prosecutors say, if the defense wants to call friends and family to testify about what a good mother Casey was and that she went to bars looking for Caylee, then the photos of Casey participating in a "hot body" contest four days after Caylee disappeared will be relevant evidence.

“The court will defer ruling,” Judge Perry said after hearing both sides. “The state and the defense, since you are required to exchange photos with each other, I’m going to give you till March 2011 which photos you are intending to use. We shall have a hearing no later than the 31st of March to go over those photographs and hear any other arguments you might have.”

The defense largely backed off of its hearsay motion (read it), mainly because it was unnecessary; the rules already prohibit hearsay in trials, for the most part.

Cindy Anthony's frantic 911 call telling the sheriff's office that Caylee was missing is still something the defense wants to keep out of the trial; Cindy called 911 and then Casey got on the line and calmly lied to the 911 operator about having recently received a call from Caylee's alleged nanny. The judge did not rule.

Judge Belvin Perry then quickly denied the defense motion to "dismiss defective indictment" (read it) without hearing arguments from either side; both had already presented their arguments in writing regarding the indictment against Casey.

The court then began discussing a "motion to compel" filed by the defense (read it) seeking to obtain certain documents they feel have not been turned over to them. Judge Perry asked Baez to specifically go over what he was seeking.

"This has been an ongoing issue," Baez argued to the court after the prosecution suggested it was giving them everything it should.

Both parties then went back and forth regarding the documents the defense feels they deserve but apparently haven't received.

“We will table this one here and, uh, if there’s an expert witness for bench notes, list that expert saying you haven’t gotten it and I’ll have the state file a written response,” Judge Perry said, adding that Baez will get 10 days to submit and the state will get 10 days after that to respond.

“Any other discovery issues that we need to be working on, that we need to set hearings for down the road?” Judge Perry asked as the 90-minute long hearing wrapped up. “OK, we’ll be in recess on this matter until 9 o’clock tomorrow morning.”

Tuesday, the judge will hear the defense arguments against Florida's death penalty and why Casey in particular should not face the death penalty if found guilty for the murder of her daughter Caylee.

http://www.wftv.com/news/23503932/detail.html

Anthony Jurors Won't Be From Orlando
Casey Anthony Attorneys Hope Jury Of Peers Won't Be From Orange County

POSTED: Monday, May 10, 2010
UPDATED: 12:56 pm EDT May 10, 2010

ORLANDO, Fla. -- The jury in the trial of Casey Anthony, who is charged with killing her 2-year-old daughter, will be selected from outside Orlando and then returned to Central Florida for the murder trial, a judge ruled on Monday.

Chief Judge Belvin Perry ruled at a hearing that the 12 potential jurors and six potential alternates in Anthony's trial will be chosen from somewhere in the state of Florida outside Orlando. The jury will also be sequestered, Perry ruled.

Anthony's attorneys had argued that Orlando-area residents had been tainted by negative media exposure.

"This past year I tried an attempted first-degree murder case here in Central Florida. And in the process, every single person raised their hand and said they recognized me and who I was. Yet two months later, I went to Miami, and tried a first-degree murder case, and out of a panel of 60 people, only one person raised their hand and said they recognized me," Jose Baez, Anthony's lead attorney, said.

Anthony's defense team asked Perry to allow jurors in her murder trial to be picked from South Florida, saying residents there have been exposed the least to the high-profile case compared to the rest of the state.

"South Florida, believe it or not, is one of the best places to seat a fair and impartial jury," Baez said.

Baez also argued that the jurors shouldn't be picked from Jacksonville, Tampa or Pensacola. He reminded Perry that the Jacksonville area recently has had two missing girl investigations that resemble Anthony's case, while Tampa's proximity to Orlando had exposed residents there to the case. Baez said Pensacola does not have the same demographic makeup as Orlando.

Baez also played a two-minute video presentation that showed coverage of the nearly two-year-old case, including interviews with citizens saying that Anthony is guilty.

Later in the hearing, Perry denied a request from defense attorneys to dismiss the indictment against Anthony.

In regard to the pictures showing Casey Anthony partying during the time Caylee was missing, Perry asked prosecutors to narrow down the images they may want to use at the trial. Anthony's defense team will then have the opportunity to challenge the admissibility of the selected photographs.

As Anthony left the courtroom Monday, she smiled at her mother, Cindy Anthony, and said, "Happy Mother's Day." Cindy Anthony attended the hearing with her husband, George Anthony, and their attorney, Brad Conway.

On Tuesday, the judge is expected to deal with defense motions attacking the death penalty, which the state is recommending.

Anthony, 24, remains jailed on first-degree murder charges in the death of her daughter, Caylee, whose remains were found in December 2008. Caylee was reported missing in July 2008, about a month after she was last seen alive.

Anthony has pleaded not guilty, saying she left her daughter with a baby sitter and the two were gone when she returned to pick up Caylee.

Article:
http://www.clickorlando.com/news/23503687/detail.html?treets=orlpn&tid=26510510976813&tml=orlpn_12pm&tmi=orlpn_12pm_1_10550105102010&ts=H

Video: Anthony Jurors Won't Be From Orlando
http://www.clickorlando.com/video/23507373/index.html

Quote: As Anthony left the courtroom Monday, she smiled at her mother, Cindy Anthony, and said, "Happy Mother's Day."


Oh, the irony of it. The first words or acknowledgement from Casey to a parent since Caylee's little bones were discovered.....How deliberately cruel to remind Cindy of failed motherhood.

It's also ironic that Casey's trial starts the day after Mother's Day next year unless Casey gets smart and follows the path that John Gardner and Melissa Huckaby took to avoid the death penalty.

Casey Death Penalty Hearing Slated For 9 A.M.
Defense Says Prosecution Only Looking To Drain Anthony's Funds

POSTED: 6:28 am EDT May 11, 2010
UPDATED: 7:57 am EDT May 11, 2010

ORLANDO, Fla. -- Prosecutors in case against Casey Anthony will argue the death penalty in a hearing Tuesday morning.

At the top of their list of reasons, prosecutors cite that Anthony is charged with first-degree murder in the death of her daughter, Caylee.

They also say Anthony should face the death penalty because the crime committed involved aggravated child abuse.

Anthony's defense has filed several anti-death penalty motions. They believe prosecutors are seeking the death penalty because it would drain Anthony's defense fund.

Attorney Jeff Dowdy has defended a number of high-profile death penalty cases. He said they are costly.

"The whole case in its entirety cost $1.1 million," Dowdy said.

In March of last year, Anthony's defense team revealed behind closed doors how much money she had and where it came from.

Since then, Anthony has successfully petitioned the court to be declared indigent.

Dowdy said her defense is being paid by taxpayers, so money should not be an issue.

Tuesday's hearing starts at 9 a.m. at the Orange County courthouse.

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

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

Anthony maintains a nanny by the name of Zenaida Gonzalez kidnapped Caylee, then 2 years old.

Anthony's trial is set to start in May 2011.

Check back with WESH.com at the time of the hearing to watch it live and join our Live Wire conversation.

http://www.wesh.com/news/23514626/detail.html

Casey Anthony Still Faces Death Penalty
24-Year-Old Charged With Murder In Death Of Daughter Caylee

POSTED: Tuesday, May 11, 2010
UPDATED: 11:30 am EDT May 11, 2010

ORLANDO, Fla. -- A judge has rejected arguments that the death penalty should be taken off the table for Casey Anthony, who is charged with murder in the death of her daughter, Caylee.

Chief Judge Belvin Perry made his ruling at a hearing Tuesday in Orlando.

The judge said Anthony's attorneys failed to prove that prosecutors had a gender bias in seeking the death penalty against Anthony.

New Mexico law professor Elizabeth Rapaport was called as an expert by Anthony's attorney, Andrea Lyon, a DePaul University law school professor and nationally known death penalty expert.

Rapaport said a mother who is perceived as "deviant" by a jury faces a difficult time in defending herself against criminal charges.

Anthony's defense had said, in general, there is a gender bias in prosecutors seeking the death penalty when a mother is accused of killing her child.

Anthony shed tears during the hearing following a comment by Lyon, who said that despite the characterizations people have made against her client, "they all say that Caylee was happy and healthy."

Perry ruled at a hearing on Monday that the jury in Anthony's trial will be selected in Florida, but outside Orange County. The jurors will then be taken to Orlando and sequestered for the trial.

Also on Monday, Perry delayed a decision regarding pictures showing Anthony partying during the time Caylee was reported missing.

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

Anthony has pleaded not guilty. She has claimed that she left Caylee with a baby sitter and the two were gone when she returned to pick up her daughter.

Watch Local 6 News for more on this story.

http://www.clickorlando.com/news/23514825/detail.html

Today's hearing...

Part 1:
http://www.wftv.com/video/23516373/index.html

Part 2:
http://www.wftv.com/video/23516985/index.html

Judge Says Casey Anthony Will Face Death Penalty

Posted: 6:30 am EDT May 11, 2010
Updated: 11:31 am EDT May 11, 2010

ORANGE COUNTY, Fla. -- Judge Belvin Perry took just over an hour Tuesday morning to decide that Casey Anthony will have to face the death penalty, something defense argued was unfair and biased.

CASEY WALKS IN: See Images | Watch Raw Video
CASEY CRIES: See Images | Watch Raw Video
05/11/10 HEARING: Part 1 | Part 2
COURTROOM PICS: Various Images Inside Court
READ: Defense Motion To Preclude Death Penalty

Casey walked into the courtroom just a minute after 9:00am wearing the same tan, buttoned-down, long-sleeve shirt she was wearing during Monday’s hearing (images | raw video). She was all smiles as she walked to the defense table and took her seat between attorneys Jose Baez and Andrea Lyon.

The death penalty discussion started with controversy as the prosecution argued against a witness the defense wanted to call to speak, saying that the witness was not previously listed and the prosecution had little time to prepare. Judge Belvin Perry, though, overruled and allowed the witness.

Elizabeth Rapaport, a professor of law at the University of New Mexico School of Law, took the stand for the defense. Judge Perry granted her status as an expert on gender and its relationship to capital punishment.

As she testified on the subject of capital punishment and mothers, the state objected several times, each time overruled by Judge Perry. Rapaport spoke to issues dealing with women and capital punishment, their behavior and how that represented them, for instance hanging out with male strippers or partying, and said a mother who is perceived as "deviant" by a jury faces a difficult time in defending herself against criminal charges.

The prosecution then got an opportunity to cross-examine Rapaport, pushing hard to discredit her, suggesting that her qualifications don't justify her as an expert in the case. At one point, Judge Perry interrupted and forcefully reminded prosecuting attorney Jeff Ashton to give Rapaport time to respond.

At 9:45am, Rapaport stepped down from the stand.

“To not pay attention to all the press attention, all the discovery,” Lyon told Judge Perry after Rapaport stepped down. “The media talking to anyone my client dated, your honor, is just part of this case.”

Lyon is trying to make a point that the prosecution is unfairly trying to make a point out of Casey's appearance in photos and her behavior, and that it somehow could be influencing the prosecution's decision to seek the death penalty.

"We can pretend, and be polite, and talk about aggravating circumstances," Lyon argued. "But sexist attitudes still exist ... it's driving the decision to seek the death penalty."

“No matter what people have said about her, they all say that Caylee was happy and healthy,” Lyon told the court as tears began to stream down Casey's face (images | raw video)..

Casey wiped away the tears as Lyon continued and wrapped up her argument.

“We’re asking your honor to take an unusual and a brave step ... that this gender bias has something to do with them seeking death in this case,” Lyon concluded.

The prosecution was then given an opportunity to counter the defense's argument.

"[The] only support for this is Ms. Burdick’s reference yesterday, after a question from the court about a photograph, as it being a photograph of the defendant scantly clad, that is the only reference,” prosecuting attorney Jeff Ashton argued.

Ashton acknowledged that the judge has the right to deny the death penalty as an option, but argued that Casey's behavior is a relevant element to the case.

“She doesn’t like that our law allows us to access the character [of the person on trial],” Ashton told the court. “To say that we are seeking the death penalty in this case solely because of her gender is not proven before this court and is patently absurd."

Then, after a brief statement from Lyon restating the defense's opinions, Judge Perry spoke.

“The court can only do that in rare instance,” Judge Perry said regarding the defense’s request to have the death penalty option tossed. “The burden of proof is on the defense, to prove that the state made the decision based upon those improper motives, i.e. gender bias.”

Citing case law, Judge Perry said it’s only in rare instances that a judge can overturn the state’s desire to seek the death penalty.

“The fact that the defense has not met their burden in this case, the motion to preclude the death penalty for the impermissible gender bias, it will be denied. We’ll take a 10 minutes recess,” Judge Perry said.

After returning from the brief recess, Judge Perry spent little time hearing arguments before citing previous cases supporting his decision to deny two motions the defense filed seeking to have a statute dealing with Florida's death penalty ruled unconstitutional.

"The motion to declare Florida Statute 921.41 unconstitutional under Ring vs. Arizona, and the motion to declare that same statute unconstitutional for adequate appellate review, will be denied based upon prior Supreme Court decisions," Perry ruled.

The arguments then began over the Motion for a Statement of Particulars Providing Notice of Aggravated Circumstances. Essentially, the defense is seeking from the prosecution a list of the aggravating factors it intends to prove in the case to support their seeking the death penalty.

"This pretensive ignorance is getting old," Ashton told Perry referring to the defense. "[Lyon] says she can't figure out what happened, what changed this case, that she can’t figure out from 14,000 pages of discovery what is different ... for her to stand before you and say she can’t figure this out is simply incredible ... should the court order us to comply we of course will."

The state of Florida intends to seek the “ultimate penalty” in this case, Judge Perry said. The judge then referenced a 2005 Florida Supreme Court decision regarding aggravating factors and agreed with the defense that there’s a due process of law argument.

“Therefore, the court will order, within 10 days of today’s date, the state will list ... the aggravating factors that it intends to prove,” Judge Perry said. “As to the issue of reciprocal discovery ... because we have, uh, the catch-all, unlimited list of, uh, none statutory mitigating factors, the court at this time will deny the request at this time of the state of Florida of a list without prejudice. Both sides, according to the law … are required to give a list of the various witnesses. Whether we like it or not, death is different, therefore, the motion will be granted.”

The judge then heard more arguments on another motion before citing two 1994 cases to support his decision.

“The state is correct. The court is bound by the 5th District Court of Appeals, therefore the court is denying the Motion for Protective Order, with respect to the penalty phase discovery given to the state of Florida,” Judge Perry said.

A discussion then began on the defense's 2nd Motion to Preclude the Death Penalty Procedures for Impermissible Prosecutorial Motives. However, before getting too far in the discussion, the state and prosecution began holding a sidebar conversation (meaning the public can't hear it) with the judge regarding specifics surrounding the motion.

“I am aware that the defense has a burden here and we would ask that you grant our motion,” Lyon told the judge.

The prosecution then argued that for the defense to suggest that their interest in seeking the death penalty is out of a plan to bankrupt the defense is untrue.

“There’s nothing in this record that would tend to suggest that the state sought the death penalty for any improper motive. It’s the third one we’ve had alleged. The record does not support and the court should deny the motion,” Ashton argued.

“The second motion to preclude the death penalty ... will be denied. The defense has failed to meet its burden of proof,” Judge Perry ruled.

With the motions for the day heard, Judge Perry looked forward to what's to come.

“Now, there’s about eight to 12 death penalty motions left,” Judge Perry said, as he concluded the hearing. “I will give the defense five days to list, to be sure which ones have not been ruled on, and then I’ll give the state 10 days.”

After hearing back from the defense on those stipulations, Perry decided to the give the defense seven days, after which the state will get ten days to respond.

At 11:27am, after around two and a half hours, the hearing ended.

On Monday, Casey's attorney Jose Baez did not want to bet on his chances that new presiding judge Belvin Perry will take the death penalty off the table, and it's a good thing because he would have lost money.

"I'm not Las Vegas, or anything like that. I'm not a bookie, I couldn't tell you," said Baez.

Tuesday morning, Baez had to step aside because he is not qualified to try death penalty cases alone. Chicago-based attorney Andrea Lyon once again was fighting to keep Casey from serving the death penalty if she is found guilty of murdering her daughter Caylee.

"I completely and totally trust on her and her position," Baez said Monday.

The defense's position is that Casey should not be put to death because prosecutors cannot prove she killed her daughter in a cold, calculated and premeditated manner. However, prosecutors argue Caylee Anthony's killer had to use physical force or chemicals to subdue the child, because otherwise she would have been able to remove the three pieces of duct tape found covering her nose and mouth.

The defense says, all that aside, the death penalty in Florida is flawed, but Casey's attorneys did not offer up specific reasons why.

"There are some serious problems with it. Obviously, the death penalty here doesn't work," Baez said.

Casey's defense team believes that jurors hearing death penalty cases are more likely to convict. However, to this point, there has not been any mention of specific Florida cases that would back up that notion.

http://www.wftv.com/news/23514611/detail.html

Updated WFTV links:

CASEY WALKS IN: See Images | Watch Raw Video
CASEY CRIES: See Images | Watch Raw Video
05/11/10 HEARING: Part 1 | Part 2 | Part 3 | Part 4
COURTROOM PICS: Various Images Inside Court
VIDEO REPORT: Casey Can Still Face Death Penalty
READ: Defense Motion To Preclude Death Penalty