MAGIC EYES RECAPS

[MuffyBee]

10:40am Thurs, June 23, 2011 Court is in session.

Next defense witness is Dr. Barry Logan.

Sims is up.....

He is a forensic toxicologist and analytical chemist.  He has lots of education from Scotland and then the University of Tennessee.  He graduated with honors.  He is a Board Certified Toxicologist.  He has practiced forensic toxicology for 27 years.  He has a background in GCMS, utilizing the instruments involved.  He does cryro trapping.  He now works for MNS Labs, one of the largest labs in all 50 states.  On and on and on.............MAKE HIM AN EXPERT!!! lol.  Jeff tried to object to this waste of time but it was over-ruled.  Objection by Jeff....side bar...side bar over.

He is made an expert witness in analytical toxicology, forensic toxicology and accreditation of labs.....oops Jeff objects and is going to voir dire on some of it.

Jeff is up......

When is the last time you did analytical chemistry other than toxicology?  All the time.  Outside of toxicology what do you do with chemistry?  The analysis of drugs in evidence is toxicology but I am also in charge of the chemistry part of the lab.  Drug evidence.  Your work is limited to toxicology or supervising others looking for drugs?  Analytical chemistry is a very broad field?  Yes.  Your area is limited to toxicology?  Yes.  Your last experience with cryro trapping was as a graduate student over 20 years ago?  Yes.
You are not an expert in all areas of forensic science?  Correct.  Jeff is objecting to him being made a expert witness in anything other than an forensic toxicology. 

Sims is up....

What did you do in regards to chemistry with all other fields?  He thinks he did something with all of them, lol, I don't have a clue.

He will only be admitted as a witness in forensic toxicology.

Sims is up.........

You use a GCMS to examine evidence in this case?  Yes, I tested items in this case.  He read articles about this case.  Have you reviewed the article of 2008 by Dr. Vass?  I have.  Sims is going to use Baez's Big Pad.  Side bar...side bar is over.  The juror's have been in court for 40 minutes and haven't heard a word of testimony.

Sims is up.....

What is the difference between a research lab and a forensic lab?  Forensic labs do things for legal reasons but do some research, research labs do only research that may or may not be used in science.  Do you have any evidence that Oakridge Natl Lab has been certified and accredited?  No.  What is a validation test in a lab?  When a lab develops a new test, before they apply it to evidence they must decide if it is established in science and not get false positives.  She is asking about reports he has reviewed, he is referring to his records.  I was provided with lab notes from Dr Wise and Dr Vass and some additional materials that were tested and evaluated using the methods.  I looked at a forensic report from OC Sheriff's Office, the report was authored by Dr. Wise, Dr Vass and Dr Martin.  I also reviewed the reports of Dr Wise and Dr Vass.  What did the notes say?  They told when they got a problem with a test.  As a result of your review of their reports, have you reached a conclusion to their experiment that resulted in their report.  Sustained.  When you reviewed their bench notes...Objection...side bar...sidebar over.  Can you tell me please if there were established, published protocols for the testing done at Oakridge? There was none.  If a test is conducted without established protocols what can happen?  If you don't have written protocols, it could cause problems, false positives, not being able to replicate it....it is critical for a reliable for a scientific test......Objection by Jeff.  Sustained.  Side bar.....sidebar over......

After you reviewed the samples that were tested did you find any examples of what steps were taken to prevent contamination?  I didn't find any. He saw no evidence of quality assurance that was relevant to the analysis.  He is explaining quality assurance.  You just don't want to mess it up, lol.  Sustained, sustained.  Were proper controls discussed in their material?  No.  What is a control?  Sustained.  In toxicology do you use controls?  Sustained.  When you reviewed the reports and the records, did you have any opinions in regard to specifically the bench notes as they discuss the manner in which the samples were performed?  He didn't follow the question, lol.  Was there anything in the bench notes that cause you concern? Sustained.  What is your understanding of the blank samples in the bench notes?  Sustained.  Can you define what a blank sample is, in your field?  A blank sample is known not to contain the chemical you are trying to test.  What happens if a blank sample is run and the computer is not changed?  Sidebar....sidebar over.  Can you tell me what the effect of running a sample and not changing the machine?  You won't get a reliable sample.  Sustained, motion to strike granted.  What is the result of running a blank sample and the chemical is shown there what happened?  There is a problem and contamination may have happened.  What is the reason for running blank samples?  To rule out false positives.  What is the significance of a closed valve, destroying or messing up a run?  He doesn't know.  When you reviewed the reports did you see any issues with the valves being closed?  Yes, I saw that in the notes, it failed the test and gave a wrong result.  Sustained.  When you reviewed the notes in this case, did you notice that any of the techniques were changed in the middle of the experiment?  Yes, they were changed during the weeks the tests were taken.  Sustained.  What does that mean to you?  Sustained.  When you run a standard to make sure the machine is reading the standard, is it done the same day you run the sample?  Yes.  Why is that?  To make sure that you get the right result.  Did that occur?  There were notes that said the tests were done and the standards run weeks later.  Have you had an occasion to run tests where there are fatty acids?  Yes, they show up a lot.  How many times did you see fatty acid in your testings?  Thousands of times.  Have you engaged in testing were oleic acid and other acids occurred?  Yes.  Are you aware of what items can contain these acids?  They occur in plant material, food products, dairy products, meat products, cheese, butter, milk.  If you were to test an item that contained these fatty acids on a paper towel, as a toxicologist what would you expect to see?  You would conclude those fatty acids were present in the paper towel.  Which include cheese?  Yes.  The percentage of which fatty acid may occur more?  Sustained.  Have you conducted any research in regards to fatty acid ratios in pizza?  I have.  Sustained.  Sidebar....sidebar over. 

The judge is recessing them for lunch till 1:30pm.  Whew!!!!!

[MuffyBee]

1:30pm Thurs, June 23, 2011 Court is in session.

Warning:  This is not a transcript or verbatim, they were going very fast and it was hard to keep up, got as much as I could without adding anything I wasn't sure of.

Defense witness is Barry Logan.

Sims is up..........

Where were the 4 fatty acids found?  They were found on a paper towel.

Jeff is up..........

Your not saying that all 3 of these fatty acids are found in combination with vegetables?  Yes, in palm oil.  Is there a difference in the carbon molecules in fatty acids than are in adipocere?  There are some that are present in both.  There are some that are 4 to 10 carbons long and then some in adipocere are 18 carbons long?  There is a mixture.  Are there things found in milk, cheese and butter that are not found in adipocere?  It is not unusual for there to be special challenges using MC-GS?  Yes, I agree with that.  Are there situations that scientists are faced with things not in protocols?  They should make new protocols for that procedure.  The principles for human decomposition tests are published?  Not all of the information is in the published information.  A blank is a sample of room air which is run through a machine to find if there is anything in the room air?  Yes.  What should a scientist do who happens to find something in the test?  You stop it and run it again.  When a scientist is faced with a human error as simple as shutting a valve, he should shut the valve and start over.  In the bench notes you read, that is precisely what is done?  Yes.  Then they ran it again and reported those results?  Yes.

Sims is up...........

You were asked about challenges, what did you understand the word challenges to mean?  Something about the way something was being tested. You were asked about protocols with regards to decomp odors, are there published protocols on how to collect air from a trunk of a car?  No.  Are there published protocols on how to collect carpet from the trunk of a car?  No.  Based on everything you reviewed including the 2008 report you saw, can you reproduce this experiment performed by Dr Wise or Dr Vass?  No. Why is that?  There is nothing written down for me to make sure I am doing the test the same way.

Jeff is up...........

Your lab could not do this test if you wanted to, could you?  We could do this test.  Jeff is showing him multiple items of evidence and asking him if he ever saw any of those before?  Sidebar...sidebar over.

Brief legal matter, Judge Perry excused the jurors.  1:50pm

Jeff and the judge are talking about case law.  Judge suggests one and Jeff tells him he is looking for Overton V State.  He found it, a Florida case, 2001.  He is now looking up the one the judge suggested. The judge is reading Overton.  The judge wants Jeff to read Hayes. Judge agrees to hear arguments.

Jeff is up..........

By the defense asking this question about him questioning the witness about doing tests on the carpet samples.  He says that the defense has kicked open the door.  The judge says that Overton says that one test was done and why they didn't do a second test.  Jeff says, the reason for that is the defense in there direct exam saw the existence of the spermicide.  The defense conducted a test on the sheet and found that it could have been washed.  They recommended more testing and the state was allowed that they only tested one spot and the defense prohibited them from doing so. The defense has opened the door because this witness has just said they can reproduce the same result.  Hayes helps Overton that the defense is placing a burden on themselves.  Because they asked if they could reproduce these results. My question should be allowable now.

Sims is up......

None of this case law stands for what I have asked the witness.  There is nothing to the nature of what I asked the witness.  This would not open the door and we move to strike the comment and ask for curative instructions.  Could you replicate this experiment he said no, because he wasn't sure what was done by Dr. Vass and Dr. Wise.

Judge says The Florida Supreme Court addressed burden shifting which shifts the burden of proof from the prosecution to the defense.  He reads from the law about testing of various pieces of evidence, found at the scene of a murder on cross exam the state had never requested a test of the blood stain.  The apparent goal of the line of question was to cast doubt on the state to test the blood correctly.  The judge then asked if the defense had performed any tests on the blood stains but they had been done before for blood.  They found the prosecutors comments were prejudicial in a decision, the state had erred.  It is well settled that due process must explain every piece of evidence beyond a reasonable doubt but the defense has no such obligation.  It would show the defendant had to prove his own case.  Clearly the defendant had no such obligation.  In the states argument of Overton, they suggested that the trial court erred when the prosecution made statements about testing.  Misleading arguments showed that the defense was hiding something and they granted a mistrial.  Based upon the evidence at trial, the defendant produced one sample for evidence for testing and the state did not ask for a second test. The defenses objection is sustained that it would violate due process by shifting the burden of proof to the defense.  Earlier before we recessed for lunch, I asked the defense to read the case Cuban V State, dealing with attacking the validity of another expert's opinion.  This witness has not been qualified as an expert in the area of air sample analysis,  if you recall the Frye hearing.  What I said he was not qualified to produce an opinion on that because he only read 2 articles.  He is qualified as a forensic toxicologist and has some limited knowledge of analytical chemistry.  I would tread very lightly in this area, because while you did not open the door, it looks like you were ready to crack it open.  Mr Ashton looked like he was ready to run a Mac truck through that door.  You can not use that burden to use as a shield and then use it as a club for the state.  At this point, that line of questioning dealing with the cans is sustained to somebody opening the doors.

Sims is up..........

Jeff went up to the witness and lined up the evidence in the manner he did it, we would like a curative statement. The judge says, you didn't object to it then, all it would do is send a replay to the jury.  He can say the last question was sustained.  She wants the evidence removed off of the witness stand.  Judge says he can do that.

Mason is up.........

He asks for an instruction on the burden of proof.

The judge is asking for the last question from the court reporter.

Jeff is up......

He said that no curative is necessary because he didn't ask him to test the carpet, just asked if he could.

Judge says.....

A curative instruction may have to be given in due precaution.

Jeff is up.........
He is asking the witness:
Could you take this carpet sample and put it in a tedlar bag and heat it and extract the chemicals and then use a MC-GS for cryo trapping and do the test the same way it was done?  No.  What would keep you from running it?  I am not sure, I would have to review his article.

The judge says.......

This whole area is liking walking on quick sand.  To the defense:  When you are trying to impeach an expert you can not do it with another experts opinion, you have to do it with another experts conclusion.  You do not have this.  That is the problem with this whole line of questioning.  Both sides read the following case Network Publications a 2000 decision of the Court of Appeals.

2:25 The judge is taking a 10 minute recess.   

[MuffyBee]

2:40 Thurs, June 23, 2011 Court is in session.

Warning:  This is not a transcript or verbatim.

At sidebar...side bar is over.  Jury has not been brought back in yet.  The judge is at the bench writing and looking at a monitor.

Judge reads the curative statement he is going to read to the jury, no one objects to it.

The Jury is brought back in.  The judge reads:  It is a well settled process of law that it is the burden of the State to proof every piece of evidence beyond a reasonable doubt.  The defense has no duty to prove anything.  (something like that).

Jeff is up...........

You haven't done any work in this area since you got your PhD? No.  Witness is excused.

Defense next witness is Jennifer Welch.

Baez is up.........

You are the CSI of the remains site?  Yes.  Over 300 items were collected?  Yes.  Where there any socks or shoes collected from Caylee Marie Anthony?  No, socks are shoes were found.  Would your opinion then be that Caylee was wearing no socks or shoes?  Sustained.
Witness is excused.

Next witness is Cindy Anthony.

Baez is up.......

You use the computer at your home?  The desk top computer? Yes.  Who used the computer?  Anyone, anyone that was at the house, even friends of Casey.  Did you do any search of the word chloroform?  Yes.  Tell me about that.  I started looking up chlorophyll for my dogs that were getting sick on bamboo.  That took me to chloroform.  How could you get those mixed up?  Chlorophyll had some chloroform mentioned and it took me there.  Why did you know that you looked this up in March?  I was looking up hand sanitizer and that made me look up rubbing alcohol and other items.  Did you look up things to do with injuries?  Yes, my friend was in a car accident and someone asked me to look these up.  I had to look at home because at Gentiva I couldn't look those up.  You mentioned work, your work schedule shows that you were working?  It could of been an error if my supervisor filled out my time card.  Could your work schedule time be off?  Yes, I was salaried and not allowed to show more than 8 hours of work each day.  We were instructed never to show more than 8 hours a day.  My normal day was 9 hours a day so I would always have over time.  Baez showing her evidence.  He is showing her a photo of the trunk of the Sun Fire.  Where was it purchased?  On West Colonial one of the dealerships out there. Who purchased the car?  George and I did.  Who drove the car?  Mainly Lee and he drove it till 2005 when he got his Mustang.  After that it was passed along to Casey?  Pretty much, we had a Corolla too and Casey and George drove both.  Can you see a stain in the trunk of that car?  Have you seen that stain before?  Yes, when we bought the car.  This stain was there when you bought the car?  Yes, there were a few lil stains in the trunk of the car.  When you sprayed Fe breeze on July 15, 2008 did you see anything else in the trunk of the car?  Yes, the outline of a gas can.  Would it by a cylinder gas can?  Yes.  He shows her the round, red, gas can in evidence and she says that looks like the outline she saw.

Linda is up..........

Is it your testimony that despite what your work records show, you were home between 1-2pm?  Yes, I know I was home, I went home early a couple of days.  You work 7:30 - 5:00?  Yes, then my hours got extended to 8:30 - 5:30.  So it is possible that you were home that day, you think it is possible that you were home between 2:16 and 2:28pm on March 18?  Were you or weren't you?  If I could look at my work computer I could tell you that.  You haven't looked at your work computer in 3 years?  I haven't been back?  Could you go back and look now?  No.  They wouldn't let you?  No, they would but I had a password and my emails would be lost by now.  We had several passwords and I had a password that only I had.  I also had a password to my emails and no one was allowed to get in my email but me. They expire in 30 days.  Does your company back up your emails?  I don't know if they would have them 3 years later, they could only hold so much.  Do you have knowledge that your employer backed up emails?  It depends, we were in 40 states, there were many Gentiva sites we were just one.  There was lots and lots and lots of emails.  OMG OMG OMG.  I am in shock!!!!!!  You were aware that the searches were of interest in Aug of 2008, correct?  No, I found out in Sept 2008 by Yuri Melich.  You did not tell them that you made those searches?  I told you that I made those searches.  You told me that you made a search for chlorophyll, you told me you made me no searches for chloroform?  Do you recall not making searches for chloroform and how to make chloroform?  You don't have to look up how to make it, you just have to look up chloroform.  You just said that you put chlorophyll and it gave you chloroform?  Did you type into the search bar on google How to Make Chloroform?  I don't recall typing that, I typed chloroform. Did you search for neck breaking?  I may have about a skate boarder.  Are you recalling this now because of another change in your medication?  No, my memory is better than it was then.  Did you look up shovel?  No.  Did you look up Acetone, alcohol, peroxide, etc etc?  Yes.  Do you remember this now because of the change in your medication?  No, I looked up those things because I needed to.  What did you search for those on?  I don't know.  What browser did you use?  I don't know, I just went on and used it.  There are only two profiles on your computer, did you know that?  No.  There are one for you and one for Casey, did you enter a password? No, we did not have a password.  Did you look up how to make weapons out of household items?  No.  Did you look up chloroform habit?  No.  Were you on drug library.org. Sci spot.com? Were you on that website 84 times?  I don't know.  Did you do 84 searches for chlorophyll?  I didn't but I do not know what my computer does.  Did you have a My Space acct or a Face book acct in 2008?  No.  Linda is showing her a picture of the stain.  Where was the stain when you purchased the car?  Up near the top section.

Baez is up............

The password protection is on your work computer?  Yes.  There is no password on your desktop computer?  No.  I would just get on or ask Casey if I could just get on for a minute.  Is this testimony about chlorophyll anything new?  No, I told them that I searched for chlorophyll.

Witness is excused.

Next witness is Sandra Osburne.

Baez is up.........

You are a detective and also a computer expert?  He asked that she be declared an expert witness in computer forensics.

Who followed you in today?  Sustained.  You were the first person to see the Anthony's computer?  The HP Desktop?  Yes.  You were asked to look for the key word chloroform?  Yes.  After you found a hit for chloroform what did you do?  I noted that it was a deleted history file and gave it to another detective.  Did you do then a program called Net.analysis?  Yes.  Is it a competing software than Cacheback?  We use both for different things.  They both find the history is deleted?  Yes.  What do you do then, do you put it on a spreadsheet?  I don't change the data, I just view it differently.  You then give it to the detectives and then the prosecutor's office?  Yes.  He is showing her an item of evidence.  Do you know what that disk is ma'am?  No and that is not my handwriting.  Do you have the item that you we requested you bring?  I did not have the item, I turned it over to Sgt. Stenger.  Baez is showing her the spread out sheet.  Is that a report you prepared? No, Sgt Stenger worked on this.  Did your report say that you prepared this spreadsheet?  He is referring her to her report.  Are you referring to the middle paragraph?  Yes that is the portion of the deleted Fire Fox history that I reported and exported to him.  Does that list the internet history?  It indicates the deleted Firefox history and I exported it out to a thumb drive.  What does it say it displays?  It says in column format, URL's, etc etc.  He is asking her to look at the Excel spreadsheet.  Is that the one you did?  No, that is not the one I exported out.  Other than it being spread out so you can read it, is it a fair and accurate record of that spreadsheet.  Linda is objecting that this is not the one she prepared.  Sustained.  He is going to show her the original that was turned over to defense and see if she recognizes that.  Does this appear to be the Excel spreadsheet that you prepared?  No, this is something Sgt. Stenger did.  Your report says you did, does it not?  No, I created the spread sheet and gave it to Sgt Stenger, that is his work.

Linda is up.........

The HP computer had a password?  Correct.  The owner had a password of rico2003 set in May of 2008?  Yes. 

Baez is up.........

You wouldn't have to use a password to use the computer would you?  Depends on if you log out or it hibernates etc..etc.

[MuffyBee]

3:35pm Thurs, June 23, 2011 Court is in session. Jury is in the courtroom.

Next witness is Kevin Stenger.

You are a computer forensic examiner and a Sgt for OC?  Baez wants him to be declared an expert witness again.  He is.

You first used Net.analysis and then Cacheback?  I don't know who did the recovery, I am aware of the search but I did not do it.  Do you see the print out on the screen, are you familiar with this document?  I am.  Is it a fair and accurate record of the analysis at the time it was done?  Yes.  Linda is asking if he has the whole document?  Baez wants to ask him about the month of March 2008.  Side bar...side bar over.

3:45pm Court is in a 10 minute recess.

3:55 Sidebar without court reporter. Sidebar over.....4:02

Linda is asking the judge about documents and he said for them to look them over and come to an agreement.  He doesn't want the jury brought in, just to be sent out again. 

4:10pm Jury is brought in the courtroom.

Defense witness is Kevin Stenger.

Baez is up............

Have you had the opportunity to review the document?  Yes.  Linda wants only the relevant portions of the document introduced, once the relevance has been established.  He is to use only the untabbed pages, he is now taking out the untabbed pages.  What is this?  This is a report of the deleted computer history done with Net analysis.  You met Mr Bradley after you completed this report?  Yes.  What did you ask him?  I asked him if he could use his program to figure out how to change the time because of daylight savings time.  Because of that half would be correct and half incorrect.  The only issue you were having is daylight savings time?  Yes.  Did Cacheback find more files than the other software did?  I don't know.  How long did it take him to use it?  I don't know.  Sustained.  Baez is approaching the witness.  Wants him to look at March 24, 2008 at a specific time.  He found it.  What is the website there?  Scispot.com.  What is this item? How many times was it visited? 1. It is this report from Cacheback, how many times does it say this website was visited?  84  Does it show whether the website was typed in? Yes My space was visited 84 times on the net.analysis.  Is My Space even listed on the Cacheback report? No, sir not at that time.  He is publishing that page to the jury.  What you just testified to is that on Net.analysis, the Scispot was visited 1 time and the My Space was visited 84 times?  Correct.  Baez is showing the witness a new document.  Do you see a particular entry?  I do?  That is one day earlier on March 20, 2008, that is My Space typed in how many times?  83.  You understand that 83 comes before 84?  Yes.  Now go to March 19, 2008.  Do you see where it was typed?  Yes.  That is where it was typed in the browser?  Yes and how many times does it show it was visited?  82.  Baez is pointing out March 13.  Do you see an entry that was typed for My Space 81 times?  Do you see any of these items on the Cacheback report?  You wouldn't it was only for March 21, 2008.  You can't see the natural progression that goes 81, 81, 82,84?  Yes.  That is just two row downs from the other entry?  What was the reason Net.analysis came up with more INTERNET history than the Cacheback did?  The reports are different.  You prepared the report for this jury?  Yes sir.  You did not testify to this report to the jury?  No sir.  You prepared this report also, a Cache back report for March 17, 2008.  You did not testify to this report, Mr Bradley did? Yes. 

Linda is up........

How is that you prepared a Cachback generated report, did you have that software?  Yes.  How did you prepare that?  The information that went into the report was nothing you worked on?  The program itself generated this information.  Why did you have Mr Bradley examine the data?  I thought he could help me with the problems I was having.  Do you see displayed on this page any of the Google searches that were conducted on March 21, 2008?  8 rows above.  Were the Google searches for How to make chloroform?  Yes, it is right above the My Space entry.  How did that happen?  It includes every word that you typed in.  Would it appear that way if someone was searching for Chlorophyll?  No, it would not.  What can you do on Net.Analysis?  You compare the dates to see if they are accurate or not.  Do you have confidence that the dates and times on this Net.Analysis were correct or would you Cacheback be more accurate.  I can't speak to how they were interpreted because I did not write the code.  What on this displays the date and time this internet history was made?  He is showing her the column it would be, she is showing it on the monitor.  Even in the net.analysis the My Space entry and the search for chloroform are seconds apart.  Yes

Baez is up..........

The visits for chloroform that were on the net.analysis report shows that those were the very first time those websites were visited, show one time? All of these websites were visited once on net.analysis?  Yes.  Can you tell how long anyone was looking at chloroform before moving on?  3 minutes.  Your Cacheback that doesn't show the My Space entries was purchased after you used the Net.analysis?  You need to get your cash back.  Sustained. 

Linda is up........

Even though they were done in a 3 minute time doesn't mean that a person wasn't opening other tabs at the same time?  Correct.  It tells us nothing about how long that person was reading what was on the web page or they printed it for subsequent reading?  No.

Baez.................

This tab stuff is pure speculation, you don't know that?  Yes.  You are an LE did anyone inform you they found pages that were printed out on chloroform?  I wasn't told that. Witness is excused.

4:50pm The judge is excusing the jury for the day.  He is going to go over legal matters.

Jeff talking about Nick Savage and Karen Martin.  They have no first hand knowledge of anything, he wants a proffer to see that they have nothing to say.

The judge says they are going to testify to hearsay.  Jeff says that Karen Martin only receives evidence, she would have to testify to something that someone told her, which would be interesting.

Mason says, this is a strange way to go about this, tell them what is coming.  They are from the FBI and they will testify to what they did in the case. 

Jeff is worried that they want testimony about George's paternity test.

Mason says that an FBI agent has memorialized in detail about emails saying that we will just say we did not take the pictures.  The integrity of this case is challenged.  The judge wants to hear the proffer.  Mason says let's go for it.

Defense witness is FBI Agent Nick Savage for proffer, the jury is not in the courtroom.

Mason is up......

Are you the lead FBI agent in the case of Caylee Anthony?  Yes, i was the missing children's coordinator and the violent crimes coordinator.  Where you in a meeting with prosecutes whether of not duct tape could of covered the nose and mouth of this child?  Objection work product.  Sustained.  After the meeting did you try to find some photos for the prosecution?  I would of coordinated with Karen Allen who was with the lab.  Did you make a request for photos at the ME's office with scales.  Possible yes.  Do you remember requesting of Karen Lowe or Karen Martin of scale sizes of the duct tape?  Yes.  Do you recall the reason for those photos?  I asked because I didn't think they had been taken up to that point.  Mason is approaching Nick with an email, do you recognize it?  Yes.  The first time I saw it was with your office.  Nick says that is the first time he has seen that email. 

Jeff sees nothing to argue yet.
The witness is excused.

Next witness is Erin Martin, FBI request coordinator.

Mason is up.

Do you remember sending an email to Karen Lowe?  No, he is showing it to her.  Yes, she did send it.  It says, Hey Karen, I did not decide to give the report to Nick and that there were no photos.  I do not understand why the ME's did not take photos when it was on the skull.  Did you have any other else to do with this part of the case?  No.

Judge wants to take up Agent Savage first, what does it prove or disprove? Mason says, if there is or is not a murder weapon?  Mr Ashton tried to make this tape a murder weapon.  He told Nick Savage to find photos of the tape on the skull with a scale.  He said we will just tell them we don't have the photos.  Should it have been potential Brady material?  They tried to create something?   

Jeff is up..........

This is not relevant to the case and should be excluded.

Mason is up........

They want the widths of the duct tape with scale and tape.  They were asked to redo the photos with a scale.  The response of the email, is I decided not to give the measurements to Nick Savage.  This attacks the whole system. 

Judge says, relevant evidence is tending to prove or disprove a material fact.  Ms Anthony has been charged with a 7 count indictment, he lists them....the court after hearing the testimony of Mr Savage does not have any material issues nor does it go to impeachment.  If this was evidence of trying to fabricate evidence this would be prosecutorial misconduct.  This evidence does not go to any material issues, they are purely collateral issues, therefore the objection in regards to the testimony for Agent Nick Savage will be sustained.  Next argument, unless it is the same and then I would use the same argument. 

Mason is talking about the super imposition.  With the tape over the skull over the child's head, they didn't have it, they didn't have the scales in the photos.

Jeff is up.......

The defense has known for 3 years that no scales were used in the ME's Office of the 3 pieces of duct tape.

Judge says that it goes to no material fact and it does not go to what was proffered.  Again the evidence does not meet the relative test of proffer.

Court is in recess till 8:30 for attorneys, 9:00 for jury.

5:20pm


 

[MuffyBee]

9:00am Fri, June 24, 2011 Court is in session.

Baez is asking for 3 minutes to mark things.

First defense witness is Cindy Anthony. Jury is present.

Baez is up........

Baez is pleasing the court and Ms Drane.

I want to talk to you about the shorts Caylee was found in.  You have seen a photo of those shorts and they no longer fit her? I testified the last time I saw her she was in 3T.  You took a video of her in those shorts, did you not?  Yes.  Sidebar....sidebar over...Ms Anthony you have had a chance to review this video?  He is approaching the witness with the video.  Is the video a fair and accurate representation of Caylee's size in early 2007?  Showing the video to the jury.  Ms Anthony how much had Caylee grown since this video was taken?  She had grown quite a bit.  How do you know this video was taken in early 2007, because of the date stamp and the skirt I was wearing that day and it is out of date.  He is showing her photos.  Showing her the picture at the wedding, where Casey was over 7 months pregnant. Objection.  Jose is going to proffer relevancy at sidebar...sidebar over.  Objection on relevancy sustained.  Now showing her a different photo. What is that a picture of?  Our backyard swimming pool with the ladder connected.  Showing it to the jury.  Does this ladder disconnect?  Yes, she is showing how to unhinge the ladder and it comes off. Showing her another photo, it shows where they put the ladder after they take it off.  Published to the jury.  It shows the ladder down and at the side of the pool.  Showing her another photo of the pool with the ladder off.  Showing it to the jury.  Shows her the next photo, it is of Caylee walking up the ladder and I am behind her, holding her.  Objection...sidebar..sidebar over.  Showing Cindy a photo.  When was this photo taken?  The summer of 2007?  The photo is published to the jury, it shows Cindy helping Caylee up the ladder to the pool.  How much are you supporting her?  My hands are on her but just a light touch.  Did she become better at climbing in?  Yes, she could actually climb in herself.  Showing her another picture.  It is a photo of Caylee still climbing the ladder with Cindy helping.  Showing to the jury.  Next photo is of the same day, where she climbs to the top of the ladder with Cindy behind her.  Showing it to the jury.  He is showing her another photo, it is showing Cindy going around Caylee at the top of the ladder and get in the pool before her and receive her.  Showing it to the jury.  It shows Caylee on the first step inside of the pool.  Did she get anxious to get in the pool and often times want to get in first?  For the most part, she would sit and wait for us but as she got older she was a lot more anxious and would try to get in but we always had a life jacket on her.  How often did she go swimming before June 2008?  She swam 3 to 4 times a week, always with a life vest on.  When you were on vacation in June, how often did Caylee go swimming?  Every day.  He is showing Cindy another photo.  It is Cindy entering the pool and holding on to Caylee as she came into the pool.  Showing it to the jury.  Were you trying to get in the pool and Caylee was trying to swim off?  Did you take many precautions with Caylee about the pool, what did you do?  We use to have a pool box right next to the pool and once Caylee was a toddler we moved that.  So she could not use the deck box to climb up to the pool.  We took the ladder off if we weren't swimming, we told Caylee she was not allowed to swim by herself.  They did teach her how to go up and down the ladder for safety.  We kept the life vest in the back patio.  Did this vest fit her a year later?  No, we bought her another one, she grew out of the first one and then the second one.  These photos were taken after the video we showed the jury and she had outgrown 2 life vests?  Yes.  Showing her another video, it is a photo of Caylee at the sliding glass door at the living room going into the screen patio.  Showing it to the jury.  Shows Caylee opening the door from the living room to the screen patio.  Last time you saw Caylee was she bigger?  About an inch taller, maybe a lil bit taller.  Did Caylee ever leave the house barefoot?  No, I am 99 percent sure, we put shoes on her to go out.  The sliding glass door had nothing to preclude it being opened?  No, we didn't put one in.  Could Caylee open doors fairly easy at her age?  Yes, she could.  On June 16th, 2008 did you notice the pool ladder was up?  Yes.  Was that highly unusual to see that?  Yes, so much that I called George and asked him about it, I also noticed the side gate opened. Did you tell anyone at work about it?  Debbie Bennett or Charles.  Would  you have told Debbie Polisano?  We had cubicles so you could hear everything anyone said. During this time period of June 16th of 2008, were you having any marital problems?  Sustained.  Sidebar....sidebar over.  The judge is taking a special morning recess for 20 minutes.  10:05am

[MuffyBee]

10:30am Fri, June 24, 2011 Court is in session.  Jury is not present.

Judge is speaking......

The judge says he has reviewed the Mattel (?) case, dealing with the issue of theory of defense.  Exactly Mr Baez, your theory of defense was this was an accidental drowning, that your client's behavior subsequent was caused by long term sexual abuse at the hands of her father and brother?  Correct?  Among other things.  Among other things like what?  That is the only thing you said that is in your opening statement.  I have reviewed all of these things.  In Mattel (?) case the witness that was to predicate the case was ill and the state reneged on their promise.  As long as the relevance is an issue.  What is your theory of defense?  You can not use your theory of defense to get anything and everything in.  I can only base what you have said is what you said in opening statements.  If your theory of defense is ever changing, then somebody needs to tell it to me.  LOL YES THE JUDGE SAID THAT!!!  Sidebar....Sidebar over. 10:50am. 

Cindy Anthony resumed the witness stand.  Returning the jury.

Baez is up........

On July 16th, 2008 did you advise Yuri Melich about the ladder being left up on the pool?  Yes.  Was that within 24 hours of calling the police?  Yes.  How many times have you informed LE that Caylee drowned in the pool?  Sustained.  Sidebar...sidebar over. 

Linda is up...........

Linda says even after Caylee was missing, you maintained her bedroom?  Correct?  You kept all her clothes in her drawers and you kept her presents because she had a birthday?  Yes.  You would have garage sales and get rid of Caylee's outgrown clothes? Yes.  Or you would keep them in plastic bags to keep them for later.  Was Caylee potty trained? Mostly she was, she wore panties unless we were going out.  When did she make the step from diapers to pull ups?  Sometime in 2008.  Showing Cindy a picture, was Caylee wearing a diaper, a pull up or underwear?  It looks like a pull up or a diaper, it doesn't look like panties.  You see something coming out of the back of the shorts?  It is your assertion she was wearing those short in April 2007.  Those pictures were taken in 2007.  So Caylee was still wearing diapers.  Linda is showing her a lot of photos.  Do you do the laundry at the house?  Myself or George, sometimes Casey.  Who bought Caylee's clothing?  Mostly me and Casey.  Did you do a lot of shopping at Target?  Yes and they have a Circa brand?  Yes. Showing tags on clothing photos.  She recognizes everyone but one.  What do you recognize the other items to be?  Mostly tops and one pairs of shorts from Caylee.  Where were they from?  Caylee's room.  Where they there in Caylee's room in July 2008 until they were seized by LE?  I believe so.  So what size clothing did you have in Caylee's drawers?  2T's and 3T's as well.  Like many children, Caylee began to thin out as she got older?  Yes.  That began with Caylee at one or two and as she became more mobile at the age of 3?  Yes. So that would mean that clothing items would last more than a year, because she was growing taller?  Yes.  Those shorts that we saw at the remains scene were shorts kept in your house?  Yes.  When was the last time you saw them before June 16, 2008?  Were those shorts kept at your house?  Those particular shorts, I hadn't saw Caylee wear for a long time.  Were those items that were kept at your house?  You mean everyday, there was some items not kept at home everyday.  Was that because they were kept in a backpack or a diaper bag?  Yes.  They were sometimes kept in a diaper bag or backpack and you saw it placed in a car?  Yes.  You had a change of clothes with you?  Yes.  Do you have any recollection you may have seen those shorts in the photo?  Those weren't shorts that I dressed Caylee in and that outfit was not my favorite outfit.  Unless Casey had them in, I didn't see her in them.  I don't recall seeing Caylee in those shorts after 2007.  That video was taken at your house?  Yes. So the shorts were kept at your house?  Yes but I can't say they were there everyday.  Could Caylee ever move or manipulate that ladder on her own?  No.  How heavy is that sliding glass door?  You have to put a pretty good force to open it up.  Though Caylee was almost 3 when you saw her the last time, she was a very compliant child, that would listen to you?  Yes.  She followed the rules about going outside or climbing the pool?  Yes.  How deep is the pool?  It goes up to 4 feet but we don't fill it up all the way, so less than ft.  Can an adult reach objects in the pool, unless you were at the edge of the pool?  No.  Could you retrieve objects without getting wet?  No.  You wouldn't leave Caylee alone at your home.  Absolutely not.  You talked about the ladder being left on the pool and the side gate being open?  Yes.  Caylee could not open that gate?  No way.  The date of that ladder incident, you have testified that it was the week before the gas can incident?  Yes.  Now you say it was the 16th?  Yes, now that I looked back on it, I remember when it was.  You say you called George?  Yes.  What phone did you call him on?  I called him on his work phone or his cell phone.  Did you leave a message that day or did you speak to him.  I don't remember, I just know that we communicated.  You say as well that as it relates to dates you have made errors in your initial sworn statement, you said that she was first missing had an error.  Yes.  You said that the last time you saw her was the week before Father's day and the video made you remember the correct day.  You told people at work about the ladder incident and the gas can incident?  Yes.  Are you sure you were at work on June 16, 2008?  Yes.  Your time card reflects that you were at work on June 16, 2008?  I don't remember I haven't seen that since June 2008.  Have you located the entry the week ending the 20th?  Yes. Shows you were at work on June 16, 2008.  Did you work June 17th?  Yes.  Everyday that week?  Yes.  That time card accurately reports your June vacation?  Yes it does. Your daughter Casey was home between Aug and Oct 2008?  Sustained.  You showed us photos of Caylee getting in and out of the pool, did your daughter tell you that there was an accident in the pool? No. She continued to assert that the child was kidnapped by a baby-sitter?  That is correct.

Baez is up...........

Baez is showing Cindy photo's.  Those are just photos of tags, correct?  That's true on all but one.  Are those all pretty much knit tight garments?  All but one.  That one you showed me is of jean material?  No, like a cotton.  The shorts Caylee was found in was a jean fabric.  No like a cotton.  Does Caylee grow out of clothing a lot faster if it is not knit?  Yes.  You have kept lots of Caylee's clothing?  Yes.  Where did you keep it?  We had 3 locations.  Caylee's clothing that she had outgrown was kept around the house?  Correct.  You hadn't seen Caylee wearing the shorts at the remains site for months?  Yes.  Did you go looking for clothing that didn't fit Caylee anymore.  I would at times go through her drawers, if she got new clothes for presents.  If I put items on her and it was too tight I would put it on her dresser or leave it in the drawer.  Unless you would wash these shorts you wouldn't see them on a consistent basis?  Yes.  Caylee was a child, a toddler?  Yes.  As to her being obedient, did you treat her or discipline her like she was in the military?  No.  So she ran and played like any other toddler?  Depending on her surroundings. 

Linda is up.......

The fabric in the shorts is it the same as the one we see in that photo?  Yes, it is similar.  One that is a sturdy cotton that would not have give?  Yes.

[MuffyBee]

11:35 Fri, June 24, 2011 Court is in session. Jury is present.

Lee Anthony is the defense witness.

Baez is up..........

Did you at one time own the Sun Fire?  Yes.  When?  Early 2000 to 2005. Showing him a photo of the car.  Showing him the trunk of the Sun Fire.  When you owned this car was their a stain in this car?  There was a few, I remember there being 3, outside of the tire cover.  He is pointing out the stains.  Were they there when you purchased the car?  Yes.  Did you have an occasion to stain the car?  I'm sure I may have, I don't remember making those 3 stains, I just remember seeing them.  Showing him a close up of the trunk with markers placed.  Lee is showing where the stains were.  He is circling the 2 stains he sees and the other one is off the photo.  How long were those stains there?  The whole time I owned the car.  They were there when you opened the car?  Yes.  Can you tell us when the first time you noticed your sister was pregnant?  Objection. Side bar...sidebar over.  Can you tell us when you noticed your sister was pregnant?  Early 2008.  What happened when you first saw Caylee showing?  I was waiting for her to get out of the bathroom, I could see her mid-section and it was showing. It struck me as odd because prior to that I hadn't noticed it.  What did you do?  I made a comment like, excuse me what the Hell is that?  She waved me off.  Then a couple days later, I asked my mom if Casey was pregnant? Objection.  Sidebar....sidebar over. Mr Anthony you asked your mother if Casey was pregnant?  Yes, a day or two later.  When did you next discuss that Casey was pregnant?  She picked me up at the airport and she was showing more, it was brutally honest that she was pregnant.  Was it discussed at this point did you discuss it with your mother?  Sustained.  Was there an occasion where your sister picked you up at the airport?  Yes.  Was she showing then?  Yes, she obviously looked more pregnant. Where there any discussions since you first confronted your mother about the pregnancy?  We never spoke about it again, until just a few days before Caylee was born.  Are you saying that the time it was ever said that Casey was pregnant was just a few days before Caylee was born?  Yes.  Did you go to the hospital to see your sister when Caylee was born? No  Why?  I was hurt and didn't want to be there, regrettably.  Sustained, sustained, sustained.  Mr Anthony can you tell us why you were angry and who you were angry with?  Lee is crying.  He was very angry at his mom and angry at his sister, for not including him and didn't find it important enough to tell me, especially after I had already asked.  I didn't want to believe it.  What do you mean they didn't want to include you?  Sustained.  Sustained. Sustained.  Were there other reasons why you were angry?  No.  No further questions. 

Judge is recessing for lunch until 1:30pm.     

[MuffyBee]

Hi Monkeys, OK, I am out for the day and for tommorrow.  Can't wait for grandkids to get here.  So many hugs to all of you.  I will watch when I can.  I never stop praying for justice. 

 ::justice2NJ:: ::justice2NJ:: ::justice2NJ:: ::justice2NJ:: ::justice2NJ::

[MuffyBee]

9:40 Mon, June 27, 2011 Court is in session.
The judge is speaking.......

On Sat the defense filed a motion for competency to proceed.  Casey needed to be examined by 3 psychologist. The court appointed, Dr. Daniel Treshler, Dr. Harry McClaren and Dr. Ryan Hall.  They all examined the defendant over the weekend.  Both sides will stipulate to the reports of the doctors and the Judge says that she is competent to stand trial and court will proceed. State and defense have reviewed Dr Furton's deposition.  The judge is filing the motion's for competency and the motion to appoint experts.

Jury is coming in.

First defense witness is  Det. Yuri Melich.

Baez is up..........

Baez is pleasing the court and Ms. Drane.  Not Jeff.  Mr Melich misspoke on Friday and he says he was thinking of a different set of cell phone records.  Roy Kronk first called LE in 2008.  The time period for Mr Kronk starts in Aug and ends in Dec?  Yes.  He found the body?  Yes.  You did not get any of his phone records for that time period?  Yes.  Mr Kronk lives in St. Cloud and he lives a significant distance from the remains site?  Yes.  Kronk also works in a different area not close to the remains site?  Yes.  You could of used his cell phone records to see if Mr Kronk was in that area in August and you could also find out in Sept, when he did not have the route, that did not have Suburban Dr?  I don't know when he had or didn't have other than Aug and Dec.  These cell phone records could give you information if he was in the vicinity of the remains site when he was not working?  Depends.  Is this the first time you have misspoken to this jury or any jury?  I had something wrong.  So the only time that you misinformed the jury was Friday?  You are suggesting that I misspoke on purpose and I did not.  You testified that you had George's cell phone records for June and July?  I found out later that we did have those.  Do you have those with you? No.  Would it have told you his cell phone movement?  Yes, but I had no reason to.  You subpoenaed quite a bit of other people's cell phone right?  Yes, not just me but the investigation.  Amy huzienga, Jesse Grund, Tony Lazzaro, Diane Taylor, Chris Stuts,John Chatt, Ronald Westinburger, Gina Prentiss, Jamie Realander, Britney Shiver, etc?  Yes, they were trying to identify the people that were on Casey's cell phone.  You got all the cell phone records but you did not get the cell phone records for Roy Kronk?  No, we didn't see any reason why we should.  You didn't confiscate Roy Kronk's computer?  No.  You did get Joy Wray's computer?  Yes.  She took photos of the remains scene, she also said she knew George Bush?  Yes.  You also Baker Acted her?  I didn't but I know that she has been Baker Acted.  But you didn't try to get Roy Kronk's computer?  No.  You got Ricardo Moralez's computer?  Yes. This was after you found out that he sold pictures to the Globe?  Yes.  Did you get emails from Joe Jordan?  Yes.  When did you turn that email over to the prosecution or defense?   May I see that email you are talking about? Baez is getting the email.  Baez is showing Yuri the email.  Did you only turn this email over after the defense had found Mr Jordan?  I don't recall.  You conducted 2 search warrants on the Anthony home?  Yes.  In the first you had some knowledge of what was found on Suburban Drive?  That had a Winnie the Pooh blanket?  Yes.  You have to leave a copy of the search warrant and a copy of the items taken?  Yes.  Did you do that?  Yes.  The first one would of said that you took anything Winnie the Pooh?  Yes, it should of been there.  Did you talk to the Anthony's about anything with regard to the search warrant?  I don't remember.  Did you tell the Anthony's about anything you found on scene?  I don't remember.  I don't recall a conversation with the Anthony's about any items.  You would of put that in your report?  I don't put anything that isn't pertinent in my reports.  Did you deploy the cadaver dogs on George Anthony's Car?  No.  Cindy Anthony's car?  Did it ever come up that Casey may have driven Cindy's car at one point?  Yes, that came up from George Anthony.  Did you later find out that didn't happen?  We got the E-pass info and it did not happen when he said it did.  Did you ask him for the records and he did not give them to you?  Yes, I got them from E-pass, that is the most reliable way.  Did you ever deploy a cadaver dog in the Anthony home?  No.  You had 2 dogs out there?  Yes.  Showing Yuri a big photo.  It is a map of the Anthony home and the remains site.  Is that fair and accurate?  Yes.  Linda is checking the photo, has no objections conditionally.  Yuri is going to the easel with the big map photo.  Baez is asking Yuri about the photo.  Yuri is circling the area the remains were found and initialing it and circling the Anthony home and initialing it.  Casey was arrested on July 16, 2008 and was out on bond in late Aug and early Sept?  Yes.  She was under house arrest?  Yes. There were give or take 5 to 10 media trucks outside of her home?  Yes.  She was only allowed to go to the jail and her attorney's office?  Yes.  She was followed by the media wherever she went?  I don't know if they followed her every time.  Since the indictment of Oct 2008, Casey has been in Jail?  Yes.

Linda is up..........

The email that was referenced sent right after the body was recovered?  Yes.  The office was also getting many tips they had to wade through?  Yes.  Did you ever receive a report that Cindy or George's car smelled as if it had a dead body in it?  No.  The phone records that you subpoenaed of Casey's friends, did they also focus on the critical time frame of June and July 2008?  Yes.  Casey's phone records were also subpoenaed for the critical time period, June and July 2008?  Yes.  You were trying to find any record of the nanny?  Yes.  Even doing all that you were not able to locate either the nanny or Juliette Lewis, Jeffry Hopkins and Raquel Farrel?  Yes. 

Baez is up.........

You told Ms Burdick you were pretty busy with the remains site but this person said in the email he had direct info of th......sustained.  Mr Jordan was  not a new person to you?  I had emails from him before.  He was helping you out and putting you in contact with people?  A lot of people were telling us to do things and try to tell us how to do our job.  Do you recall him telling you about Rick Pleasea blogging?  I don't know who did that.  You never got any information about Cindy or George's car smelling, did you get any information that they had garbage in their car for 3 weeks.  No.  You were present when Dep Forgey did the actual inspection of the Pontiac Sun Fire?  Yes.  Baez is showing him a large drawing that Yuri drew at a previous hearing.  He had drawn a example of the forensic bay garage and Ms Anthony's car.  You had only drawn one car?  Yes and then you asked me to put in a second car.  Was there only one car that Dep Forgey used his cadaver dog on?  Yes. 

Witness is excused, subject to recall.

[MuffyBee]

10:25am Mon, June 27, 2011 Court is in session, jury is present.

Defense witness if Michael Vincent.

Baez is up.......

Baez is showing him a drawing the witness made at a previous hearing of the forensic bay and Ms Anthony's car?  Yes.  Did you testify that there was only one car inspected by Dep Forgey and his cadaver dog?  Yes.  Witness is excused subject to recall.

Defense next witness is Geraldo Bloise.

Baez is up..........

Showing him a drawing the witness made of the forensic bay and Ms Anthony's car.  Is that fair and accurate?  Yes.  The dog was only deployed on one car that day?  Yes.

Linda is up........

Is it fair to say that your focus on that day was the Pontiac Sun fire?  Yes.

Baez is up........

Your job is to focus on the details, down to the very minute details?  Yes. Witness is excused, subject to recall.

10:30am Court is in recess for 15 minutes.

[MuffyBee]

10:50am Mon, June 27, 2011 Court is in session, jury is present.

Defense witness is Dep Jason Forgey.

Baez is up..........

Dep Forgey is a canine handler, for OC Sheriff's Office. Baez is showing him a drawing that the witness drew at a previous hearing, Mar 24, 2011.  That depicts the forensic bay garage and Ms Anthony's car and another car?  Yes, it is a rough drawing.  You drew that there was 2 cars that you deployed your dog Geris on?  Yes, I believe it was a blue car.  It was a unknown car?  Yes.  You started with the unknown car?  Yes.  Is there anyone that saw you deploy your dog on the second car?  Yes, my canine supervisor and Geraldo Bloise and Michael Vincent.  Is this the first time you have ever mentioned that your supervisor was present?  No sir, I mentioned it in my deposition and my report.  So these are the people that can say that you did two cars?  Yes.  One of the reasons why is that you wanted your dog to do two cars, is to not have your dog please you?  I wanted to make sure my dog's mindset was working properly.  It has nothing to do with your training that says to do more than one car?  No training is different, you usually don't just have one car to inspect.  You don't have an opportunity in the real world to have the car your inspecting near other cars.  You could of asked them to move it near other cars?  I don't know, it was evidence, it is possible.  There was another car already near it. 

Linda is up.........

Regardless whether or not there was 1, 2 or 100 cars, you knew that the Pontiac Sun Fire was the car in question?  Yes. Witness is excused, subject to recall.

Next defense witness is Dr Kenneth Furton.

Baez is up..........

He is a professor of chemistry and bio-chemistry at the University of Florida, employed for 23 years there.  He has lots of education.  His area of expertise is chemistry, separating and identifying and quantifying chemicals.  He has focused on forensic studies.  He has studied human decomposition.  Since 2003, his research group has been looking at the chemicals given off a person has died.  His students have published work.  He works with the students on their papers.  He has received grants to fund his research lab, it has been mostly for live human scent but has also done decomp scent in the last few years.  There is no instrument currently designed for human remains.  Have you ever testified as an expert witness in the area of decomp?  No.  Have you ever testified as an expert witness in forensics?  Yes.  Do you have any patents?  Yes,  one for the identification of humans from the chemicals they give off.  Going on and on.........Just make him an expert.  Baez wants to make him an expert in human decomp and forensics.  Jeff objects to human decomp.

Jeff is doing voir dire on him.  Your studies are done by your students?  By my students and myself.  That study does not use whole human cadavers it just used canine training aids.  Other than studying the compounds given off by training aids and another given off by human corpses, do you have any other expertise in stages of decomp?  Just as it relates to the volatiles in stages of decomp. Jeff says he agrees to him being a decomp expert but only on the chemicals.

Dr Furton is declared an expert witness in chemistry and human odor analysis.

What items did you receive and review in this case?  All the reports, the photos, the expert witness reports from Oakridge, all depositions from others involved in the case.  Were you specifically asked to look at the work done at the Oakridge Lab?  Yes.  Did you look at Dr. Sigmund's report?  Yes.  Was it the first report you read?  Yes.  Then a month later the prelim report came from Dr Vass?  Yes. Have you also reviewed different studies of human decomp?  Yes.  Is it your opinion that there is a distinct odor given off by human bodies?  No, a valid method to identify chemicals in human remains at this time. Witness is going to give a power point demonstration.  Showing how the GC-MS works, with animation.  The sample goes through the machine and comes out with a written report, called a chromatogram.  They use a known standard that you buy from a chemical company.  Does it tell you how much of a chemical is there?  No, you can get a relative amount but just an idea.  You need to run a calibration curve with a standard and check the peak responses.  That is called quantification.  Unless you do that, you don't know how much of a chemical is there?  That is right.  It will just give you a relative amount not an exact amount.  He is now showing the chemicals a living person gives off.  Different people give off different chemicals, each person has a unique pattern of chemicals.  Your able to see which chemicals are the most common and some unique chemicals that living people give off.  Shows 6 deceased individuals, they look more similar to each other than living humans.  Showing a table of the 20 most common chemicals in deceased people.  They also did this for other decomposing animals, to measure the difference.  There is quite a bit of overlap between decomposing animals and humans.  Witness is going to the easel.  Looking at a chart.  Witness is explaining the tables on the chart.  Trying to separate different chemical compounds.  Refining the list to 8 different studies of human remains.  He includes the papers done by Dr Vass.  Jeff objects, sidebar...sidebar is over.  The methodology in these studies is different by Dr Vass?  Yes.  They have bodies in different locations, some buried, some above ground?  Yes.  These are the chemicals that Dr Vass found in his studies.  They try to find the compounds similar in all studies.  What are these percentages?  In the 8 studies these are the general agreement with the volatile compounds.  There is more disagreement than agreement.  Only 4 chemicals on this chart are found in all studies. Witness is going back to witness stand.  Next slide shows a photo of the contents of the trash bag found in the trunk and laid out on a table.  They were looking at decomp events due to food products. Did you find out that fatty acids were in the paper towels?  Yes.  Where can you find these acids?  Everywhere, milk fat, cheese, human body fat, animal fat. Do you have an opinion whether these fatty acids are unique to human decomp?  No, they certainly aren't and there is no technique to determine if they are from human decomp. Next slide shows an example of what could of been in the trash, Salami package.  Did you see a quantitative analysis for chloroform by Oakridge?  No.  Why would it be important to do that?  You have to use a calibration curve, using a standard to get some measurement of the chemical.  Where can you find chloroform?  Everywhere, it is very common in household products like bleach.  Jeff objects......sidebar....sidebar over. You can find chloroform in cleaning products?  Yes, in many many products even in drinking water but it is in very high levels in cleaning products.  Which products in your home can contain chloroform?  What can it be found in?  Drinking water, house hold foods, soft drinks. Jeff objects...sidebar...sidebar over.
 
Judge is recessing for lunch till 1:45 for the jury and the rest at 1:30pm.  They have a legal matter to take up.   

The judge is asking Jeff about case law dealing with an expert testifying to hearsay.  Court is now in recess for lunch.

[MuffyBee]

1:30am Mon, June 27, 2011.  Court is in session.  Jury is not present.

Judge is talking to Baez about an expert giving inadmissible hearsay.  Baez says that is not the case.  Jeff says that under case law, this expert only found his information on the internet.  Jeff says a witness cannot testify to his expert opinion, unless it is part of his research.  He went into things that contained chloroform and that is hearsay.  The judge says, I won't have a proffer but if it comes out in his testimony that it is hearsay, his testimony can be stricken and not allowed.  Baez says he said that sidebar the correct interpretation of Lynn is that all info comes from text book or the internet, it is all hearsay.  All data is not hearsay.  Judge says, he can get info in ways of chemical analysis but it has to be his experience with him.  Not an internet search, if that is the sole basis of my knowledge, that is where your run into a Lynn problem.  I don't know what he is going to say, or the basis of what he is gonna say.  You don't need an expert to read the internet.  Judge says he is not requiring a proffer, he wants the jury brought in the court when he told them they would be, in 6 minutes.  The judge told Baez to go out and confer with his witness about what he can and cannot testify to. Baez left the courtroom to confer with his witness.

Baez is up

Dr Furton has resumed the witness stand for a short proffer.  Baez asks him what his knowledge is of chloroform?  He said his basic knowledge over the years and his research.  At the Frye Hearing you referred to a World Health Organization, what is that?  It is a report on chloroform and what it can be found in.  It is a peer reviewed article.  How long have you been  using the GC-MS?  25 years.  How many times have you seen chloroform come up?  At many and various times.  Did you do any other research on chloroform in products?  Yes, I did internet searches for scholars in chloroform.  Are they reasonably qualified to help an expert come to an opinion?  Depends where it comes from and if it is peer reviewed.  You have been instructed not to use these recent internet searches in your testimony?  Yes.

Jeff is up.........

Have you ever done any research of chloroform in household products?  No. It's presence in household products is from the internet, not any research you have done?  Correct.  Lynn says he can give an opinion but he cannot tell the jury what he has read.  It is a violation of Lynn.  Just because you read it somewhere doesn't make it expert testimony.  Some of his opinion may be inadmissible as to hearsay and a violation of Lynn.  Jeff is reading what Lynn means and says that this witness can not testify on hearsay to this jury.

Baez is up......

I thought this is what we agreed to after lunch.  This is the way chemists get their information. He isn't saying I heard it at the bowling alley and now I am telling you about it.  He is not to bolster his opinions, you made a ruling and this expert's opinions are just that.  We are going around in circles.

The judge says the Dr can give his opinion but not say where he got his knowledge.  If he is asked about it by the prosecution, he can then say where he got it.

1:55pm Jury is being brought in the courtroom.

The defense witness is Dr. Furton.

Baez is up.........

You were explaining to the jury which common products in?  The most common is household bleach. It is in fatty type of materials, butter, oils, cheese things of that nature.  You can find it in chlorinated drinking water.  The GC-MS, would it pick up chloroform in these common products and drinking water?  Yes.  Do you have an opinion after looking at the 5 chemical compounds that Dr Vass said was the make-up human decomp?  Yes, my opinion is that they are not unique to human decomp.  They are reported in urban waste, trash bins, they are known not to be unique in human decomp. 

Jeff is up........

Have you ever examined the spare tire cover?  Jeff is showing him the spare tire cover.  This is the spare tire cover?  Yes.  Do you see any bleach stains on that?  No.  The chemical reactions that make chloroform don't happen in a vacuum.  The active ingredient in bleach would reflect some bleach being spilled on it?  Yes.  You don't have any idea if a coincidental reaction to bleach cause chloroform and what else is created?  Where there any articles you read on this.  I never read any articles on that.  Your research in this area is only that chloroform could be created not how it can.  What are you relying on to tell this jury that bleach and organic material can create chloroform?  I am not involved in trying to come up with an interpretation to how it happened, just that it did.  I am not saying they had to come from bleach.  Each one of those cases, some other source would be needed to produce chloroform?  I didn't do studies on that.  Did the chloroform being purposely mixed and given to a child to it being accidentally made? That is correct.  Isn't chloroform a carcinogen?  It is present in cheese?  Yes, it is scary.  It is in very small amounts, parts per billion.  More fatty materials like cheeses and butters and pasta products would have low parts per million of chloroform.  Is there a limit of what can be in these products?  Yes, in low parts per billion.  In water, it is in low ranges?  Yes, parts per billion or even lower.  Jeff is pulling up the witness power point demonstration.  Jeff is on slide #3, showing the chart from living and deceased humans.  This shows the odor signature shows that we all smell different more than we are alive, when we are dead?  Yes.  Your point is that we haven't found the significant compounds in human decomp?  Yes.  Next slide, your student performed this study for a project, just this year?  Yes.  The student went to the morgue for the bodies and used a dust buster to collect the compounds.  The collection medium is inferior to the triple sorbent trap?  Yes.  The triple sorbent trap is more likely to gather more compounds than the instrument your student used?  Yes, the triple sorbent trap would better collect samples in smaller amounts.  In this case your student,  held the device over the mid section of the deceased for one minute?  Yes.  She did not do air samples of the morgue?  No.  There is going to be compounds in a morgue that are going to always be there?  Yes.  There were more odors found in the morgue than the crematorium?  Yes.  Next slide.  This study of animal meat is processed meat?  Rotted meat?  Yes, unprepared food and allowed to decompose.  These show that human and non human are very different?  Yes.  Next slide.  You testified on direct that each one of these studies was slightly different.  Which one was the most longitudinal?  The Vass studies.  Dr Vass is the only study that looked at this with longitudinal research?  Yes.  Which used the triple sorbent trap?  Dr Vass and the Greek Dr.  Is that the best method?  It is one of the methods, I don't know if it is he best method.  How many of your students studies used whole bodies and not body parts? None, Dr Vass and the Greek Dr.  The other ones were items used in canine training aids...blood, adipose tissue, bone, placenta, human derived material not the whole body.  These studies bear out that studies that look at whole decomposing bodies give you many more compounds?  No, it doesn't find more compounds.  You did not find that they found larger compounds?  Yes, they did probably because they were using the triple sorbent traps.  Dr Vass is the only one that used longitudinal data and triple sorbent traps?  The Greek doctor used triple sorbent traps.  He didn't do this study over a period of time?  No.  Do compounds change over a period of time? Yes.  Of all of these studies how many of them are done in an air deprived environment?  The Vass studies.  The fact that Dr Vass found a larger number of compounds is because he was looking at it in another way.  I don't know that, a body buried deep could be different than one  on the surface.  The more information the better?  Yes.  You state the chemical analysis of the odor is not good enough to establish human decom, you can say that they were able to eliminate odors.  Can you tell us, can all 4 of the fatty acids found in the trunk of the car?  Yes, by a dead human body in the trunk of a car with other additional chemicals.  What other chemicals would you have to have?  Those studies I would disregard to the chloroform found.  In Dr Vass's study he did not run standards and I believe he saw based on the mass spectrum.  Do you know have question about his 2008 paper was done thoroughly and properly?  If you want to call it that, he did not run standards.  Jeff is referring him to his depot and approaching the witness.  He is having him read part of his depot.  Is it true that in reference to those same studies in your depot that and I quote "I am not saying the study was not done properly or thoroughly?"  Yes.  Have you changed your opinions?  No, I am not saying the work did not have merit, just other things needed to be done.  In the study that was published recently you used the spectral library to find your results?  Yes, we didn't do the standards.  You still published the results?  Yes.  What can explain other than a decomposing human body?  A combination of things, consumer products as well as a decomp event that doesn't have to be of human decomp.  The other five volatiles he relied on because they overlapped with gasoline?  Yes.  There is nothing else to explain anything other than a dead human body?  It could be a dead human body plus other decomposing organic material.  The peer reviewed literature says that chloroform is a part of decomp?  Yes.  I would have to rely on the only two papers that did that analysis.  OK, I AM TOTALLY LOST HERE, LOL.  Do you recall giving a new depot this last Sat?  Yes I do.  Jeff is referring him to it.  On Sat I asked you the following question:  "Basically the presence of a human body in the trunk of that car could explain all of those findings, could be"?  Yes.  Now that is not what your saying?  You said they could all be explained by a decomposing body?  You said yes, are you saying now something different?  No, there were other things in the trunk that could of caused the odor, like the gas.  You did say that a decomposing body alone could cause the odor?  Yes, it could be.  Can you tell the jury another single event, other than a decomposing body?  It could be a non-decomp event, or household products or gasoline in the trunk could combine and produce a similar signature.  Did you find anything in the trunk that could cause this odor?  Yes, in the trash bag, could of been in the salami package, the cheese, etc...that is just speculation, there are no peer reviewed articles on this.  You do agree that something was decomposing in this car?  Yes.  What is there in the trunk that can account for all the findings of the Oakridge Natl Lab?  First is the salami package, are you aware the package was empty?  Yes, there were just traces.  You would have to say even a small amount would be unable to produce a substantial odor?  Yes.  Next the Velveeta, do you know how much Velveeta is milk?  Milk is in Velveeta but not a lot of cheese.  If the Velveeta package was wet or dry would it give off odors?  Less odor if it was dry.  Showing him evidence items.  Jeff is opening the first piece of trash evidence.  He is showing him a box of Velveeta and broccoli and asking him if it would produce odor?  No, not dry.  Next item, it contains no food product.  Would you expect it to give off odor of decomp?  If it was wet and gave off fluid.  There is no organic matter in this to rot?  It would not be visible to the naked eye.  Jeff is opening next item, do you see any food product?  No, just a soiled box. This would not tend to give off the decomp odor that Oakridge found?  Depends on the state it was in.  Next item is foil wrapper with cheese residue on the inside.  Jeff wants to pass it around to the jury.  Baez objects, saying it is altered, it is over ruled but then Baez asks for sidebar.....sidebar over. Not sure if the jury inspected it or not.  You would agree with me that there is not significant organic material in that trash to cause the decomp odor?  No, I would not agree with that.  I am just speculating, we don't know enough about the back ground materials and the source of the stain.  We have gone through the only things in the trash and what was in that trash bag was not the source of the odor in the car?  Would it leave a smell in the vehicle 2 years after it was removed?  That would be highly unlikely.  You have worked with canines and decomp?  You would agree that the substance we just discuss that a well trained, humans remains detection dog would not alert on? Sustained.  Jeff reserves right to recall him.

Baez is up.......

Did you see a bleach stain on this carpet?  No.  Why didn't you go to Iran and get that paper on chloroform?  I didn't know what study he was referring to.  I only relied on the articles that I had at my disposal.  The ones you used to rely on were ones recognized in the US?  I used peer reviewed articles.  The Iranian wasn't?  I don't know.  Baez is showing him the chart on living and deceased people.  These compounds that you site here, are they any of the ones that Dr Vass sited?  No they are not, these are compounds in our study and they are different than Dr Vass's findings.  Mr Ashton talked about the longitudinal studies, he means a long period of time, all the stages of human decomp.  Would a odor of buried remains for over a year assist you in rendering an opinion in this case?  Objection...sidebar...sidebar over. Dr Furton, in your opinion would a body that has been buried for over a year help you with your opinion in this case?  I would have to look at the whole body of analysis, it is known that buried remains will vary with above ground remains.  Chemicals will differ.  Are you aware that Caylee Marie was last seen on June 16th, 2008 and the car was left at the Amscot on June 27th?  Yes.  Dr Vass's report did not include this time period?  Not that I reviewed.  Do you have an opinion that human decomp is a unique event?  There was quite a bit of testimony about what else could count for these chemicals being in the trunk?  Yes.  Would that include the bag of garbage found in the trunk?  Could they account for the compounds reported in this study?  Yes.  Do you know what the chemical composition of the trunk was before the trash was in there?  No.  Would you need to know this?  Yes.  Showing him the trash bag pics, one wet, one after drying.  Do you see any difference between the two photos?  Yes, the garbage has been removed and spread out.  You have not seen any photos of the items before they were put in the dry room and that could of had items in the packages removed? No.  The trash appears to be pretty clean? Sustained. 

3:15pm Judge is taking a 15 minute afternoon recess.

[MuffyBee]

3:40pm  Monday, June 28, 2011 Court is in session. Jury is being returned to court.

Dr Furton is still on the witness stand.

Baez is up.....

Baez is approaching the witness and showing him some items from the trash.  Do you see what appears to be chewing tobacco spit?  It looks like it, I would take your word on it.  The tobacco spit is no longer in the can?  I didn't see it in there.  You see this box of Velveeta, is there purple staining?  Yes, it looks like dried residue.  Do you see any maggots or puparia there?  Objection, overruled.  Do you see any insect activity there?  Yes.  The Velveeta cheese containers have what appeared to be fingerprint dust?  Sustained.  That trash when it was collected, would smell a lot less stronger after it had been in a dry room for 3 years?  Yes.  Has science been able to find the decomp compounds of human remains?  Not yet.  If a particular odor is coming from a decomp event?  Yes.  If the odor is removed the odor would go with it.  If you removed the trash bag, the odor would go with the bag?  If the bag was leaking, some of the odor could of stayed but the majority of the odor would mostly be gone with the removal of the trash bag.  Did you see any reports that LE or anyone said that the odor of decomp was coming from that trash bag?  No.
Witness is excused.  Subject to recall.

3:50 pm  Next defense witness is Sgt John Allen.

Anne Finnel is up........

Were you the supervising Sgt in this case?  Yes, I was.  She is handing him items.  They are 2 video tapes from James Hoover when they interviewed him on Dec 18, 2008.  The other tape is James Hoover and his attorney on Jan 7, 2009.  You have reviewed all 3 of those tapes?  Yes.  What format are those tapes in?  Where they transfered to Cd's?  Yes.  Are those transferred identical to the tapes you received?  They are copies of copies. Some of the Cd's have issues with them. One was taped over, one had color problems.

Linda is up.

James Hoover is connected with a man named Dominic Casey?  Yes he was.  Did you know Mr Casey was hired by the defense?  Yes.  He was not employed by anyone again till he became employed with George and Cindy Anthony.  Dominic Casey was not paid by Baez and had a falling out with Baez and then went to work for George and Cindy Anthony?  Dominic Casey was looking for a live Caylee for many months and the nanny?  Yes.  Mr Hoover came to your attention that he was going to sell the tapes to the national enquirer.  You had testified that 2 video tapes were turned over on 12-18-2008?  Yes.  Did you receive another tape from Mr Hoover at a different point in time?  Yes.  Did Mr Hoover ask you all for money?  No, he complained.....sustained.

Finnell up..........

Dominic Casey was working for the Baez Law firm, when did he stop working for them?  Oct 1, 2008.  Mr Casey then began working for George and Cindy Anthony in October 2008.  You received that information from Mr Casey, you had no personal knowledge of that?  No.  Witness is excused.

Next defense witness is James Hoover.

Baez is up..........

What is your occupation?  Licensed Private Investigator.  How did you get involved in this case?  As a private citizen.  How does a private citizen get involved in this case?  Did you become a PI for George and Cindy Anthony?  End of July, first of August, 2008.  How did you do that?  I just went to the Anthony home and met George Anthony and asked to help them.  What did you do to help.  I helped with crowd control, a body guard.  Did you assist them in following up any tips?  Yes.  Did you do this with Dominic Casey?  Yes.  Did you know that Dominic Casey was working a short time with the defense, then there was a falling out and he went to work for George and Cindy?  Yes.  You then worked as a team?  Yes.  Did you follow up tips with him?  Only one tip.  What did you do that day to follow up that tip.  He asked me to come to his office.  We left his office and went to Suburban Dr.  We were scheduled to go to a meet and greet with George and Cindy but a detour came up.  They went to Suburban Drive to look for Caylee.  Was she supposed to be standing there?  No, she was supposed to be in the wooded area, deceased.  Baez is showing witness evidence.  These are copies of the tapes he had taken on Suburban Drive.  Do you recognize those items in evidence?  Looks like one of the tapes I turned over, checks next one, says it is also one of the tapes he turned over.  You had the opportunity to review these tapes?  I saw a little bit of one, the first 20 seconds of it.  Baez wants to publish it the judge calls for sidebar.....sidebar over.

Brief legal matter, the judge is excusing the jury. 

4:15pm  Judge is leaving the courtroom and tells Baez he knows what to do with the Court Reporter. 

[MuffyBee]

4:30 pm Mon, June 27, 2011 Court is in session, they jury is not present.

Court is back after a brief recess. The attorneys are watching the Hoover videos out of the jury's presence.  Judge is back at the bench, having the jury returned.

Defense witness is James Hoover.

Baez is up.........

This tape was video taped, one month before Caylee's remains were found?  Yes.  Did Mr Casey know that you were taping?  Yes. Showing the first tape, were you aware eventually where Caylee's remains were found?  Yes, sir.  Can you identify the general vicinity?  Baez is stopping the tape.  Can you identify the wooded area where Caylee's remains were found?  Yes sir.  He is indicating on the screen where the remains were eventually found.  Objection.  On Dec 11, 2008, did you see on news reports where Caylee's remains were found.  Objection.  Sustained.  Where in this area did you search?  We walked the length of Suburban Dr, we were looking for 3 pavers.  There is a wooden privacy fence here?  Yes.  Did you search from the fence all the way over?  Not quite to the fence, to the first pole there.  Showing the video.  You can see Dom Casey searching in the woods and standing in the street.  Next location is an abandoned house, Dom Casey is going through black plastic bags.  Why are you looking in black plastic bags?  For Caylee's remains.  Dom is still looking at the abandoned house site, now he is trowling through dirt and removing wood.  Digging for a black plastic bag that is partially visible in soil.  Lifting a paver.  Looking at another plastic bag.  Seeing concrete pavers.  Lifting up a discarded blanket.  What kind of blanket?  I'm not sure, a small blanket.  Next video is of the next day Nov 16, 2008.  Is this your car? Yes.  How far away from the wooden fence are you now?  I went by poles, I was on the 3rd pole down.  Side bar....sidebar over.  Baez is having an item of evidence marked, published to the jury. It is an overview of Suburban Dr.  Can you show the jury where you parked the second day?  Hoover marked it, also for the first day.  From where you parked, how far are you from the wooden fence?  75 ft - 100 ft tops.  Plays video.  Dominic is walking into the woods.  He says, here it is right here.  He saw a paver.  Did you see that fallen tree that was right there?  I see the pavers, now I see the fallen tree. Did you search around that area?  Yes, it is right there on the video.  Talking about 3 cinder blocks being right there.  They are talking about 3 more cinder blocks over there.  Still searching..now Dominic is using a metal probe.  What is Mr Casey doing with that probe?  Looking for buried remains.  They are now back at the abandoned house looking at cinder blocks.  Dominic is using the metal probe.  Is that the end of the video?  Yes.  Baez is having Hoover where on the map he parked that second day.  Hoover marked it, placed his name and dated it.  Publishing it for the jury.  Shows where he marked the car the second day.  Did you report to George and Cindy Anthony what you did or did not find there?  No, not at the time.  Baez is showing him another big map pic of the remains site and the abandoned house with a pond behind it.  You went to both of these locations one month before Caylee was found?  Yes sir.  After you found out Dec 11, 2008 where Caylee was found, did you notify LE of these tapes?  No, not at that time, I thought I had taped my son's parade over it.  Did you attempt to sell it?  He was told by a famous bounty hunter this may be worth something.  The Anthony's trusted you?  Yes.  You tried to sell some evidence in this case?  No.  Dominic Casey was going to supply photos to be sold.  You actually tried to sell this video to Fox News.  Why?  Everyone was broke, I was broke, Dominic was broke.  I was going to give the money to the Anthony family, if I sold anything.  You didn't think it might be more valuable to LE?  The photos?  No.  Did you think that the video should be shown to LE rather than sell?  I thought the tape was recorded over.  You gave this video to LE?  Yes. To John Allen, Yuri Melich and Nick Savage.  Did you lie to them about the video?  No.  You tried selling this video before you gave it to LE?  No because I thought this video has been taped over.  You didn't give them this video, you gave them another video, purporting to be this video.  None of those two videos you have LE the first time was this video?  No but it has some of it on it.  What were you wanting for it?  I did not contact anybody.  How much did you try to sell this video for?  There was never a price.  Did you ever try to sell this video for 50k?  A person told me this was worth 200k. Did you make any money off of this video?  No. 

Linda is up.......

As it relates to this video, you were trying to hold out for the highest bidder?  No.  You had 2 other videos, one with bad color one taped over with a Christmas parade.  You told LE this?  It wasn't taped over but you still had it, didn't you?  I believed it had been taped over, then in Dec, I found it.  I immediately called an attorney who called LE.  You tried to get John Allen and Nick Savage to talk to some strange woman who was on Suburban Dr?  She followed me down to Nick Savage and John Allen, that is when you turned over these worthless tapes.  You were trying to sell the two worthless tapes to Fox news?  No, listen carefully.  I thought I had taped over it.  A certain party told me it could be worth some money until somebody told me it could be brought back.  When I found the tape, I called Mr Baez then an attorney then LE.  You did find out that people were secretly taping the Anthony family?  No.  You were trying to capitalize  on your relationship with these individuals?  No, you are so wrong.  So when you went to this location on Nov 16, 2008, you were secretly taping Dom Casey?  No.  You were sitting in this car and this car was parked where?  Near Suburban and Hopespring, that is where you see Dom right outside of the car.  Linda is publishing the map of the remains area for the jury.  This marking that you made here, was the second day, where were you parked the first day?  Do you see the intersection of Hopespring and Suburban?  No, ok now I do.  The first day we parked near Suburban and Hopespring.  He was walking along the roadway, I filmed him and the film had a lot of off color to it, so I changed film and Dom had moved, so I backed up to him.  That is when Dominic is in the woods.  Where is he in the woods?  About right here, this isn't an exact science.  Was he talking on the phone?  Yes.  Mark where Mr Casey was the first time when he was talking on the phone.  Hoover marked it.  Did you return again that day?  Yes, we went to the Anthony house and came back to Suburban.  We were looking for 3 pavers, it was in the same area.  Was that where you were during the taping?  Maybe a lil further down.  You said you parked at the 3rd light pole on the second day?  Yes.  The third light pole from what location?  Where are you counting the poles from?  There are five poles.  You were parked at the 3rd pole on the 2nd day?  Yes.  We went closer to Hopespring that day.  We went into the woods right in front of the car.  During the taping, you said something about a blanket or a towel?  Was it in fact a bathmat? Did you hear Mr Casey say it was a bathmat?  No.  Do you know to this day where Caylee's remains were found?  No.  Did you see a red Disney bag?  No.  Did you see several fallen trees or logs?  Yes.  I saw a sign.  Did you see a green and white umbrella?  No.  What you did encounter when you went into the wood, was water?  No, ma'am.  We went to the meet and great and we weren't muddy or dirty.  You saw water on the 2nd day?  Yes ma'am.  Did you get wet on day 2?  Shoes got soggy it was kind of marshy.  Where you there in Oct 2008?  No. Sep? No. Aug? No. July 2008?  No.

Baez is up........

You never gave me that video?  No. You never tried to sell me that video? No.  You and I had nothing to do with this video?  Yes sir. What in the world were you doing in that area one month before Caylee Marie was found?  Looking for Caylee Marie.  Witness is excused subject to recall.

Sidebar......sidebar over.

[MuffyBee]

5:30pm Mon, June 27, 2011 Court is in session, jury is present.

Defense witness is Dominic Casey.

Finnell is up...........

He is a PI, licensed in the state of Florida since March of 2008.  On Oct 1, 2008 were you employed by George and Cindy Anthony?  You were previously employed by the Baez Law firm? Yes.  The times overlapped.  What were you doing for the Anthony's?  Following up on tips and security work.  What were you doing for them?  There were protesters at the home and they would congregate.  The protesters started coming Sept 2008.  The protesters were until the end of October 2008.  In connection with providing the security aspect, did it cause you to park your car on Suburban Dr?  Yes.  Why?  When I would leave the Anthony home, I would exit Chickasaw Rd, then drive back to Suburban and sit and park in the even some of the protesters thought I had left and came back to cause a problem.  Did you do this every evening?  Most evenings.  Finnell is approaching the witness with a photo of the general vicinity of Suburban Dr?  Yes.  Does it show where you would park your car?  Yes.  He is putting a A on the area he parked on those evenings and an arrow to show which direction he was facing.  In the same time you were there, did you also see other persons in that area?  Yes. Who?  Going East to the school, there would be a deputy sheriff's car and one or two media vehicles.  Showing a photo to the witness it is a map of Suburban Dr and the location of his car, when he parked, he pointed toward Hopespring.  The media and LE were they between your parked car and Hopespring?  The LE were further behind and the media would park anywhere.  When you parked did you have your car on or off?  Off with windows down?  Did you notice any odors  out of the ordinary?  No. Near the end of Oct 2008 did you facilitate sending a teddy bear to Luke Phillips?  I acquired an address from Luke Philips and gave the address to Cindy and asked her to mail something of Caylee's to Luke Philips.  It was a teddy bear.  Was it returned to Cindy?  I don't know.  Did you receive a package for Cindy Anthony?  Yes but it was addressed to me.  Did Cindy come to your office?  I don't remember, I think we met halfway.  I had a sealed box and took it to Cindy Anthony.  Cindy opened the box and I could see Teddy.  When was the bear returned to Cindy?  Around the end of Oct.  After Casey was indicted and back in jail?  Yes, the request for an article was way after Casey was sent back to jail, a couple three weeks after. Who is Luke Phillips?  He is a person who contacted the family in July 2008 to offer help, he represented physics.  He is not employed as a physic but he works with people with psychic abilities.  On Nov 15, 2008 did you go with James Hoover to Suburban Dr?  Yes I did.  Who is James Hoover?  He was a volunteer, who arrived at the Anthony home to provide security.  Did he work for you?  No.  On Nov 15, 2008 who were you talking to on a cell phone on Suburban Dr?  Jeanette Lucas, who is a physic.  Did you go into the woods that day?  Yes, I did. Finnell is showing him another photo.  He is showing where he went the first time on Nov 15, 2008.  Who's car did you go in?  Mr Hoover's car.  What were you looking for?  I received a call from Jeanette Lucas early that am and as a result of that went to Suburban Dr.  What were you looking for?  The possible location of Caylee Marie Anthony.  What did you do the first time you went there?  We pulled up, I got out of the car, started heading toward the school, in the middle of the road.  I told James Hoover to stay in the car.  He then walked away from the car so Hoover could not hear him and he called Jeanette Lucas.  Did you enter the woods?  Yes.  He is showing where he entered into the woods.  How far did you go into the woods initially?  20 - 25 feet.  How long did you spend there initially?  There was an opening and I walked in there, I was in there probably less than five minutes.  I came walking out and noticed that Mr Hoover with his arm down, video taping.  I had no idea he was and didn't ask him to.  I said what in the so and so are you doing with a video camera?  Hoover said he was recording it for Dominic's file.  Dominic then came out of the woods and found another opening into the woods.  Did you go into that area of the woods?  Yes.  How far? 20 to 25 feet from the edge of the curb, the property went down and it was white sandy with 2 to 3 inches of water.  It appeared as if the water ran from West to East, you could see it flowing.  The 2nd time he was in the woods 10 minutes.  What were you looking for?  3 white paver stones. Where you looking for garbage bags?  No.  Did you see garbage bags?  Yes.  How long did you stay in that area?  10 minutes then I came out of the woods and into the car and then over to the abandoned house.  Why did you go to the vacant house?  When I came up out of the woods, I talked to Jeanette Lucas and she told me to go to the abandoned house.  He is marking where that is on the map.  How long did you stay at the abandoned house looking?  10 - 12 minutes.  I was looking for 3 paver stones.  We see you cutting opening garbage bags, why?  To see what was inside of them.  From the abandoned house we went to a hotel by the airport and took them to a meet and greet hosted by Cindy and George Anthony.  On the next day Nov 16, 2008, did you go back to Suburban Dr?  Yes.  Why?  To prove a physic wrong.  Where did you park the second day?  He is marking it on the map, within the same vicinity. Were you expanding your search?  No, went through the same openings and just looked to see if I missed anything.  Did you see any remains of Caylee Marie Anthony?  No.  How much times the 2nd day were you looking for Caylee?  12 - 15 minutes, Mr Hoover was with him again and video taping with his approval.  You had a probe?  Yes, I brought a probe because the ground was soft and silty sand.  I didn't want to stick my hands in there.  I used the probe in certain areas to see if it touched anything.  Did you find anything?  No.  Did you go back to the abandoned house and probe there as well?  Yes, ma'am.  Did you go back to Suburban Dr a 3rd time?  Yes.  Was Mr Hoover with you?  No.  When did you do that?  Nov 18 or 19, 2008.  Why did you go back?  Relief.  What did you do?  I parked my car and then walked East then West.  Then I walked back to my car and drove off.  What were you looking for?  I was walking in the street.  I was just looking all around and feeling happy that I found nothing.  Were there any other openings that you saw but did not search?  Possibly.  At any time when you were in the woods did you see or handle any evidence in this case?  Not to my knowledge.  Did you see any bags or debris that contained human remains?  My goodness no. 

[MuffyBee]

6:10pm Mon, June 27, 2008 Court is in Session.

Defense witness is Dominic Casey.

Frank George is up......

You worked first for the Baez Law Firm and then the Anthony's?  Yes.  Did you have contact with Casey Anthony?  Yes.  Sidebar...sidebar over.  Judge called for a short break.

6:30pm Jury is returned to courtroom. 

Dominic Casey is still on the witness stand.

Frank George is up.......

You went to work for George and Cindy Anthony but you still had regular contact with Mr Baez?  Yes.  On Nov 15, 2008 the first time you went to Suburban Dr was because of a psychic Jeanette Lucas.  How would you describe Mrs Anthony's mood during that time?  Traumatized, distraught.  George was also traumatized and distraught?  Absolutely.  I went to Suburban Dr at the direction of Jeanette Lucas, that was the sole purpose of me going there.  There was no other purpose.  Cindy didn't send you there?  No.  George didn't send you there?  No.  Mr George is showing him a photo of Suburban Dr.  He is asking him to show where he went on Nov 15, 2008.  Dominic is showing him approx. where Hoover parked.  He is marking where he believes he walked into the woods.  Did you come out of the woods the same way you went in on Nov 15, 2008.  He went in 20 to 25 feet from the edge of the asphalt.  Did you ever say you went in 30, 40 even 50 feet into the woods?  That is quite possible.  New photo is up of Suburban Dr.  He is making a new marking he is more comfortable with, where he went into the woods for the first time.  Is this the trip where you saw a broken toilet bowl?  It was on both days. He saw numerous black trash bags, sitting on the ground, like people just dumped yard trash.  He cut a few of thing. He also found a green colored bathmat.  You didn't see a red Disney bag?  No.  This trip into the woods was not an exhaustive search?  No.  Were you on the phone the entire time?  Not the entire time, there were pauses between calls.  You then went to the abandoned house?  Yes.  On Nov 15, 2008 there was ankle deep water, because there is a six foot drop off.  You could see a flow of water but there were spots with less water.  Did you ever dig on your hands and knees through the muck?  No, sir.  Showing the witness a the same photo but a new copy to mark on.  The 2nd day, Nov 16, 2008, mark where Mr Hoover parked.  Where you on the phone with Jeanette Lucas on this date?  I believe so, that was 3 years ago, yes, yes I was.  Did you go on Jeanette Lucas's behest?  After you left the woods did you get in contact with Jeanette Lucas?  No, I got in contact with Luke Phillips.  He is having him mark where he went into the woods on Nov 16, 2008.  He exited the same way he entered it.  He is marking his path of travel in the woods. Did you still see water on the ground?  Yes.  Did you take anything with you on this day?  Yes, a probe and a trowel.  Did you use the trowel in the woods?  I don't think so. Was Mr Hoover walking with you in the woods?  He was behind me about 10 feet.  Were you aware that he was taping you?  I forbid him to use audio and he was to hand the video to me.  I found out today that there was audio with that video.  He is marking the maps with so many X's and O's and circles and squares, I am totally lost, lol.  Red pen, blue pen.......Yikes!!!!  You indicated that after this 2nd visit, you went a 3rd time and walked the street and back to your car?  Yes.  You never left the street on that day?  No, sir. 

7:05pm Ann Finnell is up........

Ann shows him a photo and asks if that was the first entry or the 2nd entry?  There are so many maps marked in so many ways, I can't keep up, lol.  You keep using the word estimation, why is that?  I didn't have a tape measure and it is 3 years later.  Has anyone like LE sat down with you and asked you where you went on these trips?  The State Attorney's office did.  When was that?  March 2011.  Sidebar......sidebar over.  Mr Casey, this even that you just said that occurred in March 2011, that was a normal discovery deposition?  There was a court reporter there?  Yes.  Prior to that, did anyone with OC Sheriff's office ask you to map out or detail where you had been Nov 15, 16, 2008?  No.  Did you take a tape measure with you when you went out there?  No.  Did you make mental notes of landmarks?  Yes and I took still photos.  Would you agree the videotape is the accurate representation of where you went those days?  Yes.  The maps you marked today in court, are just your best guesses 3 years later?  Yes.  The witness is excused.

The judge is excusing the jurors for the day.  No additional matters to be taken up.  He is reminding them of the newly filed motion by Ms Finnell.  They can do it Wed or Thurs after trial. 

Court is in recess till 8:30am for attorneys and 9:00am for jurors, tomorrow.

[MuffyBee]

9:00am Tues, June 28, 2011 Court is in session.

Attorneys all at sidebar before court even starts today. Sidebar over. Jury is returned to court.

Defense witness is Joseph Jordan.

Mason is up........

Lives in Central Florida, he searched with TES in July, Aug, Sep 2008 for Caylee. He became a team leader.  *Interesting note,  He use to be on the Scared Monkey Forum*.  Mason is showing the witness a map of the remains site.  He is showing him the area he searched on Suburban Drive.  Witness does not remember how many separate times he searched there.  When you went out there to search this was part of TES?  Yes.  Did you lead the team?  Not every time.  When you led the team, how many people were on the team?  More than 10.  Do you remember an area you searched with your team?  Showing where they parked and then where they searched. They went into an entry way, path into the woods.  On your first search, you and how many others went up further up the path?  Approximately 5, myself, Lauri Creed and others, they had been briefed how to do the search.  They went in about 5 feet because there was standing water, they found a cooler and a pink baby blanket.  He marked those items on his activity report and turned it over to TES.  Did LE collect the baby blanket you found?  I don't know.  We also went left on the Chick-a-saw Trail.  The only area on Suburban on the first day I marked.  The second visit, I had a dog handler with me, it was the same day, we checked the baby blanket and the cooler.  I brought 2 dog handles into the area with me.  One was a cadaver dog?  I don't know.  Did you think it was a cadaver dog?  Sustained.  Did you tell any LE that you were there with a police officer from Panama City with a cadaver dog?  Yes, sir.  Did the police officer from Panama City with a cadaver dog, conduct a search in your presence?  I just had him sniff those two articles.  Did the 2nd dog participate in that area?  Just to sniff those two articles of interest.  Were you ever taken back out there to show where the remains were found?  I did go out and was pointed out where the remains were found, went with Red Churchill.  It was about 45 ft from where he had searched.  Mason is using the ubiquitous tape measure again, the witness is standing down for the silly exercise.  How about the 3rd time you went out there sir?  I don't recall exactly how many times I went out to that location.  I don't even know if there was a 3rd time at that location.  Do you remember when the remains were found?  I don't know the exact date but I know Dec.  Did you send an email to Det Melich and Det John Allen on Dec 13, 2008?  Yes but I don't remember what it says.  I conveyed that I was in the area where the remains were located.  Did you say you had two qualified dogs with you?  Yes.  Did you say that you thought the remains had been moved to that location after you had searched there?  Yes.  How many people were searching that specific area?  It wasn't that specific area, it was from the fence to the pathway.  I had about 5 people with me.  Other than those, how many other people did you see there?  No one else from TES or otherwise along that area.  Do you remember being placed under oath and providing a taped interview, with Linda, Cpl Edwards, Sgt Allen?  Yes.  Cpl Edwards asked you if there were 100 plus people that turned out to search that area?  No, I don't remember that. Mason reads the testimony.  Does that help your memory?  I only had 5 people with me.  There were not 100 people there when I searched.  Did you know where the Anthony home was?  Yes.  Where there a lot of media trucks there?  Yes, around the house, yes, sir. Do you have any idea what was done in response to the email you sent out on Dec 13, 2008? No sir.

Linda is up...........

You said you searched with TES, that was in late Aug or early Sep?  Yes.  Before that you had begun to email OC Sheriff's Office before that about individuals they should have some contact with to help find Caylee.  You did this to help find Caylee.  When you volunteered to search with TES you had to keep paperwork especially as a team leader?  Yes.  You had a space on that paper to indicate a result on that paperwork what you found or items of interest?  Yes.  It was your responsibility to get de-briefed by TES after the search?  Yes, ma'am.  Linda is showing him his TES paperwork.  He says that is what he filled out.
At that point you took very detailed notes?  Yes.  Linda is publishing it to the jury as a demonstrative aid.  Showing page 1 of 5, TES Field Team Activity Report.  Shows assignment he had that day, there are maps attached.  In describe search efforts, he wrote, searched church on Chick-a-saw and behind Hidden Oaks School.  Says he had 2 dogs with him that were not fresh.  Danny Iverson told me that his dog was not fresh when he checked those two articles.  Anything non-highlighted on the map were not searched.  Did you make notes of humerus bones?  Yes, I checked them out and they were not human bones.  He wrote when waters recedes, need to be re-searched.  He had a concern about snakes and trampling remains.  It was signed and dated on that day he searched.  The last page of the report, do you see the highlighted areas on this map?  Yes.  What did you mean when you highlighted that areas?  I wanted them to know exactly where we searched.  I also noted items of interest but it was not thoroughly searched.  Is this where you found a cooler and a baby blanket?  You wrote cleared by dogs?  Yes.  Is that a Gap bag and mound and toys?  Yes. Does this show as far away from Suburban that you got into the woods?  Yes.  Your testimony is that you couldn't get very far into the woods because of deep water?  Yes.  These searches were done before Caylee's remains were found? Yes.  When you emailed the detectives, you did not know that you had not searched where Caylee's remains were found?  I made a mistake. 

Mason is up......

Did you tell us a lil while ago, that Mr. Churchill showed you exactly where her remains were found?  Yes.  When you went back out there did you see the blue tents and all the media?  No they were gone, I sent the email on Dec 13, 2008, they weren't there when I went back.  Did you think that you had been at that area?  I had made a mistake.  Was the water clear there?  Yes.  Do you have any reasons to alter your testimony about where you searched?  No, sir.  Were you threatened with felony prosecution?  I talked to my counsel and according to my 5th amendment rights.......objection..sidebar..sidebar over. Witness is told to step down for a moment and step outside.

Jury is removed from courtroom.

Linda is up.........

The objection that I had was because Mr Mason knew what he was going to ask the witness was going to illicit his 5th amendment right.  Mason is saying something, I can barely hear, about the witness breaking the law and not to break the law.  Mason goes to the interview with Mr Jordan and Cpl Edwards.  The witness made a recording, breaking the law and was told not to break another law by deleting it.  The witness says if it is not to your benefit, then you will go after me.  He was threatened with felony prosecution and then given immunity.  I did not ask him if he was going to take the 5th.  I did not expect him to take the 5th amendment.  When Linda gave him immunity, he no longer needed his 5th amendment right. Linda says there is no change in his testimony on Nov 5, 2009 and prior point of time and subsequent time.  The issue is Mr Mason knew that if he asked him about the illegally recorded conversation that the witness would use his 5th amendment right.  Mason says in the email, he told the detectives that the body was moved.  Mr Churchill then told him where the body ws found and he said he was further East. Mason says he didn't ask him to take his 5th amendment right, he volunteered that.  Linda says that the witness made a mistake and told Mr Mason that and told the jury that he made a mistake.  Mason is trying to illicit something he can't, which is trying to allege misconduct on someone else's part other than the witness.  Mason says, he did not ask him a single question about invoking his 5th amendment right, I can impeach him.  Judge asks if both sides are aware of the case David V Alaska?  Judge says that the crime the witness could of been charged with is an illegal recording of a telephone call.  Linda says he was given use immunity for that.  It is a 3rd degree felony, it has a 3 year statue of limitations.  The proper procedure would of been to proffer that testimony without the presence of the jury.  It is wrong to say that the witness is granted use immunity.  It is up to the state to go into what he was given use immunity, it was not a dastardly crime, he recorded a call without permission.  Mr Mason what is your plan now?  He wants to question the witness.  Linda wants the last part stricken about his 5th amendment right.  Linda is talking to Mason and Baez at the defense table.  Judge is asking about the witnesses deposition.  Linda is pointing out where in the deposition the 5th amendment right came up.  Depot of Feb 3, 2011.  Judge asks if Mr Jordan was served by the prosecution or the defense to give testimony today?  He was served by the defense.

Judge says,  the question was asked by Mr Mason.  Sir, were you threatened with felony prosecution?  Mr Jordan was not skilled to say yes or no and did a knee jerk reaction and invoked his 5th amendment right.  The judge is asking Mr Jordan's attorney if his client was given use immunity in this case by the state?  Not to testify today but for the illegaly recorded phone call.  The judge is going to instruct the jury to disregard the statement about his 5th amendment right.  The judge is sending Joe Jordan's attorney to talk to his client.  The judge puts court in recess for 15 minutes.  10:15am.

[MuffyBee]

10:35am Tues, June 28, 2011 Court is in session. Jurors are not present.

Returning the defense witness Joseph Jordan and his attorney, Mr. McClellan.

Judge asks Mr McClellan if he has spoken with his client, he says yes.

Mason asks for sidebar...sidebar over. Jury is returned to court.

Defense witness is Joseph Jordan.

Judge is saying, the following 2 questions have been withdrawn and you must disregard the response.  Mr Jordan did you alter your testimony?  Were you charged with felony prosecution?  The answer was the witness giving his 5th amendment right.  Mr Jordan is excused.

Next defense witness is George Anthony.

Baez is up.........

Do you know a woman by Krystal Holloway?  Yes by that name and another name?  What name?  River Cruise.  How do you know her?  She volunteered at our sites and helping find our grand daughter.  How was she to help you do that?  By working at the command center.  Did she become more than a friend, did you have a romance with her or intimate relations with her?  No, that is very funny to me. Did she ever loan you money?  No.  Did you ever go to her house?  Yes, and I can explain that.  Did you know you had to go past a guard?  Yes, he had to go through a security gate and went to her property and her condo.  He went there the first time because she related to me that she had a brain tumor and was dying.  As a good guy, I felt she needed comforting and she was giving to us so I thought I would show her compassion.  Did you go at night or day?  Always day.  Were you supposed to be working when you went to see her?  Sidebar...sidebar is over.  When you visited her, were you supposed to be at work?  I didn't have an exact schedule and my employer was lenient on hours.  Your testimony to this jury is that you had no romantic feelings for her, you just went to console her?  Yes, she explained to me and my wife that she was sick.  Did your wife ever go to her home?  No.  Did you ever tell Krystal Holloway that it was an accident that snowballed out of control?  I never said that, I never confided in any volunteer such a private matter.  If I was asked by LE or you, I answered honestly.  Did you ever tell Krystal Holloway that it was an accident that snowballed out of control?  Never did.  Did you ever send her a test message that you needed her in your life?  Yes.  I sent her that test message, I needed a lot of people in my life.  Did you ever send her another letter?  Yes, on one occasion, it was to cheer her up, I don't see anything wrong with that.  Did you ever tell her at anytime not to say anything about your affair with her?  Objection, overruled.  I never had a romantic affair with Krystal Holloway, or River Cruise and she has a very questionable past, she has been charged with breaking and entering and other crimes.  Did you ever tell her not to say anything about your affair?  No, I never had an affair with her.  How many times did you speak with Ms Holloway on the phone?  I knew her as River Cruise and I don't know how many times I spoke to her on the phone.  Did you ever speak to her late at night?  I don't believe i did. 

Jeff is up.......

When was it that you met this lady?  At our command center on Goldenrod in mid October 2008.  After Caylee's remains were found, your friendship with her ended?  Yes.  Did you ever tell River Cruize that you grabbed your daughter by the throat and told her I know you did something to Caylee, where is Caylee?  No, I never did that.

Next witness is Cindy Anthony.

Baez is up.........

Did you ever instruct Dominic Casey and Jim Hoover to go search off Suburban Dr?  No. Did you ever tell them to video that?  No.  Did you tell Yuri Melich that you had people search Suburban Rd?  No, I don't recall.  Did you tell him that you had blankets missing?  I told him that I had a blanket missing.  The first time they searched did they leave a copy of what they were searching for or what they took?  No.  Did you get that info on the search on Dec 11th?  Yes, our attorney got that.  You were aware they were looking for Winnie the Pooh blanket?  I don't know, I thought stickers.  Did you ever tell Lee Anthony about sending Dominic to search in that area?  No, I had no argument with Lee about that because I had no knowledge of that.  You never had an argument with Lee, when he asked you why you were looking for a dead Caylee? No.  Witness is excused.

Next defense witness is Lee Anthony.

Baez is up.........

Mr Anthony did you ever have an argument or discussion with your mother about sending Dominic to search Suburban Dr?  Sustained.  Did you go to your parent's home?  Yes.  Did your mother tell you that she sent Dominic to Suburban Dr with a video camera?  Yes, she told me she did that because she got a physic tip.  Was it before you went back to work?  I don't know.  When did you go back to work?  In October.  Did this cause an argument with your mother over this?  On my part, because this was the first time anyone said they were looking for a deceased Casey.

Frank George is up.......

You had this conversation prior to October?  Yes, it fueled my decision to go back to work.  You knew before Dominic Casey actually went to Suburban?  Yes, if that is the only time he did it.

Baez is up.........

What do you mean fueled your decision to go back to work?  It made me decide to go back to work, I was very angry that my mom decided to do that without keeping me in the loop.  I couldn't believe that they thought Caylee was no longer with us and I did not want to consider that at that time.  I decided to go back to work and use my energy across the board.

Frank George is up.......

You were convinced of the lies your sister had told you?  Yes and no.

Next defense witness is Yuri Melich.

Baez is up........

Dec 20, 2008 search warrant on the Anthony home.  Did Cindy tell you she had people walk that area a month ago and nothing was in that area?  I remember something like that.  He is looking at his report.  She did make that comment and it was in front of me and Cpl Edwards.  She stated that she had people walk in the area where the body was discovered a month ago and nothing was in that area.  Witness is excused, subject to recall.

[MuffyBee]

11:25am Tues, June 28, 2011 Court is in session, jury is present.

Next defense witness is Roy Kronk.

Mason is up......

How were you employed in the summer months of 2008?  A meter reader.  He read water meters.  He was assigned his route the night before, it always changed.  In Aug 2008, did you have an occasion to read meters by Hopespring Dr?  Yes.  Were you aware of the Anthony's house?  No sir.  Did you read all the meters on Hopespring Dr and Suburban?  Yes. Was anyone with you?  No, I started alone and then two of my co workers joined me.  Do you remember that date Aug 11, 2008?  Yes.  What do you remember about that date?  A dead rattlesnake.  Mr Kronk on Aug 11, 2008 did you stop your vehicle on Suburban Dr and go into the woods to relieve yourself?  Yes.  Was that a normal thing to do?  We had no bathrooms, so you just went some where private and did it.  Prior to that day were you aware of the saga of Caylee Anthony?  Yes.  Did you watch it on news?  No.  Did your room mate whatch news about it?  Yes.  Did you discuss it with him?  Not very often.  Where you aware were the Anthony home was, when you stopped to relieve yourself?  No sir.  Did you go into the woods?  As long as it took me to relieve myself and go out.  Did you look in the woods at that time and what did you see?  I saw an object that appeared strange to me.  Did you see a bag?  No.  Did you lift a bag?  No.  Did you see a small human skull?  I was never closer than 30 feet but I did see an object that looked like that.  Did you tell anyone that?  No, we found a dead rattlesnake and that took up most of the day.  Did you tell your co worker Mr Dean that you had seen a skull.  Did Mr Dean come to where you were?  No.  Did Mr Dean step on a dead rattle snake?  No.  Did Mr Dean get a shovel from his truck and pick up a dead rattlesnake?  Yes.  Did you tell him that you saw a skull?  I told him that I saw an object that looked like a skull. What did you do next?  We went to the office and showed everyone the dead rattlesnake.  Did you then go home and report what might of been a skull?  Yes. Did you speak to someone?  I called OC Sheriffs Office and they told me to call Crime line.  I told them that I saw an object that looked like a skull.  Did you tell them that you found in close to the Anthony residence?  No sir.  Did anyone from LE come to talk to you about that? No. The next day did you work?  Yes.  Did you call anyone that day about the skull?  No.  You went back to work as usual?  Yes. On Aug 13, 2008 did you call about a skull?  Yes, I was told an officer would meet me out there, 2 met me out there.  Did they ask you to show us where this skull is?  No, sir.  What did you do then?  We never went into the woods and I just pointed in the area where I thought I had seen it.  On Aug 11, 2008 you called 911?  No.  I called OC Sheriff's Office not 911.  Did you call an non emergency line?  Yes.  Did you tell them that you had a route that included the Anthony's home?  Yes sir.  So you did know where the Anthony's lived?  I didn't know that when I took the route.  Did you tell them that you found a gray bag and you said, I am not saying it is Caylee or anything like that?  Yes.  Did you tell them it was Suburban Dr, by a fallen tree, something white and a grey bag? Yes.  Was that the truth?  Yes but I was never closer than 30 feet, I told them as best I could that day.  You told them a gray bag, a fallen tree and what appeared to be a skull?  Yes, sir.  On the next day you called again, Aug 12, 2008.  Yes sir.  You told them I had to take a you know and I went down there and there was a suspicious bag like a pool liner and I didn't touch it?  Yes. Did you tell the operator there was a tree that looked like it had been cut and there was a white board?  Yes.  Did you tell them there was something round and white underneath it?  I don't remember sir.  Did you draw a map for LE as to where you had been?  Yes, sir. Did you draw in the privacy fence?  I don't remember sir.  Mason is approaching the witness.  Did you draw this map?  Yes sir.  Is that a fair and accurate representation of what you drew 3 years ago?  Yes sir.  Mason shows him a document 12-17-08, it is the map he drew, Mason is showing it to the jury. Mr Kronk you see where you labeled this fence here?  Yes sir.  You drew right off the end of that an area, what are you seeing there?  The water, the tree and what he believes what he saw.  Can you show me where the tree with the board is?  Kronk shows him.  Kronk shows him the bag.  Kronk shows him the white round object.  All of this is done on a telestrator for the jury.  Do you know how far from the edge of the road that find you made was? No, sir.  Can you see the edge of the road as you drew it?  Yes, sir.  On the 13th of Aug 2008, neither of these deputies went with you to that spot?  I never took them to that spot, sir.  You were in that area on Aug 11th and 13th, 2008 did you smell anything peculiar?  No sir.  Did you in anyway lift the bag?  No, sir.  When you went into that area, had the thought crossed your mind that you were looking for Caylee?  What date?  Aug 11th, 2008?  I never went back into the woods on that date.  Did you tell either of the deputies that you found a bag that may have bones in it?  No, sir.  Did you tell Dep Richard Caine, that you think the bag had bones in it?  I told him that I saw what appeared to be a skull.  Did you tell him that you saw a bag with bones in it?  No, sir.  On Aug 11, 2008 was the bag on dry land?  Sir, on that date, I never went into the woods, I saw it from the veil of the trees.  Was the ground dry or under water on Aug 11, 2008? It was dry.  At the time you were in those woods, were you aware that there was a reward offered for finding Caylee?  I believe so.  Did you know it was 250k?  I believe so.  Were you aware that right around the corner there was a whole lot of media trucks? Yes sir.  Did you tell them that you found a bag of bones?  I never told anyone that I found a bag of bones.  Did you ever tell anyone that you found a skull?  I never said that I found a skull, I said that I saw something that appeared to be that.  Who did you tell?  My room-mate.  Did you tell any of the media trucks?  No sir.  Did you tell anyone that you saw a white object that appeared to be sticking out of a bag?  Yes sir.  Do you recall your depot where Linda was present, Baez was present and Medina was present, I was present and your attorney was present?  Yes.  Do you believe the bag you saw in Aug is the bag you saw in Dec?  Yes sir.  I was told that it looked like what I saw.  Did you try to get your co workers to look at the skull?  Yes, I told them that but then they saw a dead snake and everything became about the snake.  In your depot did you say that you tried to get the two guys to look at it and they were too busy playing with a dead snake?  Yes, sir.

Judge is recessing court till 1:30pm for the lunch break.

[MuffyBee]

Hi monkeys, I am out for the day, will be up and typing tomorrow morning.

Justice for Caylee.  ::justice2NJ:: ::justice2NJ:: ::justice2NJ::