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MuffyBee
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« Reply #160 on: June 29, 2011, 09:06:32 AM »

8:30am Wed June 29, 2011 Court is in Session

Ann Finnell is on the phone line with a Motion to Reconsider.

She is citing Case law recently made in a Florida Supreme Court.  She is asking for a remedy of a mistrial.
Mason, Baez and Simms are not present.  Casey is agreeing with Ms Finnell.  This is against the fact that jurors get to pick which aggravates exist and if there is a majority needed for the death penalty.

Jeff is up citing law about this death penalty case that was recently in news.

Judge is citing law.  Citing a Ring issue.  Ring V Arizona was brought up again and again and executions were held.  All of the cases he is reading right in front of Casey and they were all executed.  The court will reserve ruling on the mistrial unless such an issue is brought up in this case.

I didn't understand most of this but looks like it doesn't even apply to this case, at least not yet and not until it goes to Death Penalty Sentencing phase.

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« Reply #161 on: June 29, 2011, 09:07:44 AM »

Good Morning Monkeys 

Not sure what I just typed but have been awake minutes, lol.

It was very hard to understand, it was all case law.  All I really heard was Judge Perry saying they were EXECUTED over and over again.

No defense team around her and Casey acting as her own defense listening to execution after execution being carried out must of been quite a waking up experience. 

 
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« Reply #162 on: June 29, 2011, 10:41:22 AM »

9:00am Wed, June 29, 2011 Court is in session, jury is present.

First defense witness is Cindy Anthony.

Baez is pleasing the court and Ms Drane, not Jeff.....

Did you your son Lee go into Casey's room at night?  No. Were you ever made aware of your son going into Casey's room at night? Sustained. Sidebar....sidebar over.  Do you recall testifying 6 months ago that Caylee was still alive, were you testifying truthfully at that time?  Yes, there was a part of me that still believe she was.  You held a memorial service for her and had her remains cremated, despite all of that?  On Aug 14, 2008 you went to visit your daughter at jail, did you see a video tape and explain to your daughter that George had blown up at the media?  Yes.  You expressed that to your daughter? Yes. You expressed that this was a new theory, the latest story is that Caylee drowned in the pool?  It wasn't a new theory it was the media's thought on that day.  A month earlier you told the LE that the ladder was attached to the pool?  Yes. Cindy says it wasn't the latest story with LE it was what was relayed in the media.  After you told Casey that George had blown up at the media, Casey had said she had heard?  Casey could of heard it already and known it.  You had made LE aware of the pool incident. Sustained. 

Linda is up....

You recall when you related what the media said about the pool drowning your daughter's comment was surprise, suprise....
When you came into the jail that day you were already upset because the media was asking you if Caylee drowned in the pool?  Yes.

Next Defense witness is George Anthony.

Baez is up.....

Baez is refreshing his memory with a statement.  Do you remember making that statement?  Sir, you are asking about my LE experience and that is taken out context by you.  Your statement is in smelling decomp in woods...objection....sidebar..sidebar over. Did you tell the LE that you had smelled decomp in the woods before?  Yes.  Did you tell them that you smelled human decomp in a house before?  Yes. Did you tell them that you smelled decomp in a car before?  Yes.  Did you ever go to the remains site?  I was given a stuffed animal and told it was found at the end of the street, I walked down to Suburban but not in the woods.  Did you go into another wooded area?  Yes to find a place for our Kid Finder's tent.  You were gonna put up a Kid Finder's Tent in the woods?  It was next to a busy road.  On July 16, 2008, the first night LE came to your home, you pulled Yuri Melich aside and told him of the car smelling?  Yes.  I asked about that and an Amber alert, I was hysterical and upset and was doing anything to find answers.  After Yuri got back with Casey, did you go to his car and tell him that something happened to Caylee and Casey is lying? Yes.  He demanded answers from Yuri.  He did say that something happened to Caylee and Casey was lying, 2 plus 2 equals 4 and Casey is lying.  I was running on pure emotions, I was upset and falling apart.  You made the statement that you smelled that car and you smelled human decomp?  I am 100 percent positive.  You told them that Casey lives on the edge?  Yes, my daughter does live on the edge.  On July 24, 2008, did you tell LE that your daughter takes things as far as she can take them?  Yes.  In fact throughout that whole interview you kept talking about nothing but negative things about your daughter?  Apparently I did, I was cooperating with LE to find my grand daughter.  The next day you went to see your daughter in jail and said nothing negative to her?  No, I was trying to keep her happy and up beat to get answers from her, the fact she was in jail and we needed answers about our grand daughter.  Did you say negative things to LE and up beat things to your daughter?  Yes. I tried to cooperate with LE but I also had a daughter in jail as a father concerned for his grand daughter.  Were you undercover for LE?  No.  She wanted to get bonded out and you wouldn't put your house up as collateral?  Objection..sidebar..sidebar over.  Sustained.  You said that you were 100 percent sure that you smelled human decomp in that car?  Yes, I am not going to lie about that. Did you take a depot Aug 5, 2009?  Yes.  Same oath you took today?  Question:  Did you believe the smell was human decomp?  Not human decomp, I knew it was decomp there, It took my breath away it really did, it took my breath away.  I remember opening the driver's door and it wouldn't start and I said maybe it is out of gas.  The attendant said, it really stinks here..George says let me stop you for a second.  Did it come into your mind that the decomp might come from your daughter or grand daughter.  I said ya the smell is bad, it's a lil bit tough.  I saw my grand daughters car seat and the car was messy.  As I went to the back of the car I prayed please don't let it be my daughter or my grand daughter, etc, etc.  The attendant got rid of the pizza bag and said this is your smell, it had maggots in it.  the attendant threw it out.  George says he could smell it 3 feet away, it smelled like human decomposition.  When you relive it over and over again you remember what happened.  It was not the garbage that was in it, it was human decomposition.  Neither my daughter or my daughter were in that trunk and I am grateful for that.  George says that he smelled human decomposition.  In my knowledge in LE, he knew it was human decomp.  You then called 911 then and there?  No.  Then you went to work, did you not?  Sir, after I knew it wasn't my daughter or my grand daughter, i was relieved, I was also concerned. I know exactly what I did, I have tried to be honest with everyone.  Mr Anthony when you made the statement in your depot you were on a media blitz? Did you go on multiple media outlets and advocate the innocence of your daughter?  I did not want to believe that my daughter could take the life of my grand daughter.  In Jan 2009, you attempted to commit suicide?  Yes, sir, I did.  You even left a suicide note and you expressed some guilt?  Sustained.  George may really be crying, hard to tell, Casey is stone faced, like he is just another person up there.  Were you hospitalized shortly after?  Yes.  Did you then make more media appearances?  I think so.  Were you advocating the innocence of your daughter?  I don't know.  Were you on 48 hours and were you paid 25k for that appearance.  Mr Baez what we have gotten out of the media appearances and any money we did it for Caylee and for other missing kids.  I did everything I could possibly do to tell them what Caylee meant to me and everyone in my family.  Was the focus on Caylee or Casey?  Unfortunately, the focus would turn on Casey.  Did you make an appearance on the Early Show?  I don't know.  All of these appearances stopped when the charges of abuse came up?  That was started by you sir. 

10:05am Court is taking a 15 minute recess.
 
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« Reply #163 on: June 29, 2011, 03:38:47 PM »

10:25am Wed, June 29, 2011 Court is in session. Jury is present.

George is back on the witness stand.

Baez is up......

You were questioned by the prosecutor about molesting your daughter?  When?  The first day of trial?  I would never do anything like that to my daughter.  You would never admit to molesting your daughter?  I would never do anything to harm my daughter in that way?  Only in that way?  Do you remember when we referenced you the first time bout the gas cans?  I have been asked about those gas cans many times.  Baez shows him the red, round gas can, that is your gas can?  Yes.  On June 24, 2008 that gas can was missing and you called the LE and reported that gas can was stolen?  Yes this and another can.  Is that the only time you had called the LE about your gas cans missing?  Yes.  You had knowledge that your daughter had used your gas cans before?  Yes.  You recall that there was a gas can shown in your depot that did not have duct tape on it when you gave it to the police?  I don't think I said that.  The very first time the LE took those gas cans Aug 1, 2008, did that can have duct tape on it when you gave it to them?  I don't know, I didn't touch it, I opened the shed and they took it.  On Aug 5, 2009 did you state, "OK, when they took it did it have duct tape over the vent, did you answer, No, it had no duct tape over that vent."  Were you confronted with a photo of that gas can with duct tape over the vent?  Shows him the photo?  Did you take the duct tape and put it on and take it off?  No, I did not do that.  When LE took this from your home that piece of duct tape was not on the can?  Your answer was it was not on the can, it was not on the can.  When you gave this depot did that gas can have duct tape on it?  According to this photo it did.  It was taken more than once.  Are you trying to say now that you were shown a diff photo of that gas can?  I believe I was.  Baez is showing him his depot, in the back of that are the exhibits, do you see that? George says he sees alot of them.  Do you see the tabs?  Every photo is on those tabs, can you search through and see if there are any other gas cans?  It only shows this red, round gas can.  So according to your depot either the LE planted the duct tape your you were lying in your depot.  Sustained.  When you had this alleged argument with your daughter over this gas can, did the can have duct tape on it?  The day that my daughter said here are your fing gas cans, this can did not have anything covering the vent, did I later put duct tape on it, I may have, I am just trying to tell the truth. Sidebar...sidebar over.  When Casey gave you the gas cans on June 24, 2008, the can did not have duct tape on it?  True.  When the LE took it from you it did not have duct tape on it?  I don't know if it had duct tape when the LE got the gas can out of the shed.  I will say it did not.  Did you testify that it did not in your depot?  Baez is reading George's depot to him.  When they took it on Aug 1st, it did not have duct tape on it and when they returned it to me, it did have duct tape on it, do you remember that now?  I do now. 

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

On Aug 5, 2009 you still believed that your grand daughter was killed by someone and it did not happen in the custody of your daughter?  Yes.  In that depo you and I sparred in much the same way you sparred with Mr Baez today?  Yes.  You were upset that your daughter was being accused of murder?  Yes.  When you were giving this statement, did you ever tell the LE that you thought your daughter murdered your grand daughter?  I didn't believe that at that time, no.  You learned in Dec 2008 the remains of Caylee were found?  Correct.  What effect did that have on you?  A deep hurt inside, tears, a whole gamut, a breakdown inside of me and seeing what my wife and son were going through.  Up until that day did you hope Caylee was still alive?  Yes, up until the day we were told it was Caylee.  George is openly sobbing.  Casey is stone faced.  On Jan 22, 2009 you went and got a gun didn't you?  Sidebar....George got down from the witness stand and is being comforted by his attorney.  Sidebar over. Jury has been taken out of the court.

 Jeff just said that George bought the gun to force people to admit what happened to Caylee and then take his own life.  It shows that this man did not know who killed Caylee and the suicide note should come in.  All of this is mentioned in the suicide note. Jeff is handing out case law concerning this.  The judge and defense are reading the material now. 

The judge is saying that he has reviewed the suicide note and the case law.  He is asking Baez what his response is, Baez says hearsay.  Jeff says that a suicide note can be admissible.  It contains nothing about his guilt toward his daughter or his grand daughter.  It shows nothing the defense has accused him of in this case.  There are specific statements in his suicide note that George knew nothing about what happened to Caylee or who had killed her, he cites law. 

Baez says.....

Mr Ashton is presenting a self serving rule to exception.  What is the purpose of this?  To say he is innocent because he took heart medication and a six pack of beer? 

Judge asks....

Baez you asked Mr Anthony if he attempted to commit suicide?  Yes.  What was your purpose in that question?  It is a fact in this case, how genuine an attempt it was, who knows, was it an outcry or an attempt for emotion? Just because he took blood pressure pills and drank beer does not mean that he was trying to take his own life.

Judge adds.........

Was he trying to commit suicide because he was so guilty about molesting his daughter and what he had done?  Looks as though the defense has made Mr Anthony's state of mind an issue.

Judge says Mr Baez opened the door and Mr Ashton is trying to walk through it.  Mr Baez earlier questioning of Mr Anthony is rebutted in this suicide note that he inferred to the jury.  It should be submitted in it's entirety.  Judge asks when Jeff wants to enter this note, now or in rebuttal?  He says his rebuttal.

The judge thinks the defense has opened the door but he really wants to contemplate and read a few more cases in this area.  It is fair game on cross of Mr Anthony, concerning the suicide that was brought up on direct by the defense.

Judge gives a 5 minute break.  11:25am.
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« Reply #164 on: June 29, 2011, 03:40:59 PM »

11:35am Wed, June 29, 2011 Court is in session.  Jury is not present.

Proffer by Jeff Ashton of George Anthony.

Why did you go get a gun?  I wanted to make people tell me what happened to Caylee?  You wanted to force them to tell you what happened to Caylee?  Yes.  What happened then?  They found out that he had a firearm in his home in violation of Casey's house arrest.  You went to a hotel to take your life?  Yes and I still have those intentions almost everyday.  Did you put pen to paper and write down, why you wanted to take your life?  Yes.  Jeff is showing him his suicide note.  Is that a true and accurate statement of your thoughts and intentions of that day?  Yes. Did you also send messages to people to tell them what you were gonna do?  I sent messages to my mother my father, my family.  I wanted to go be with Caylee because I felt like I failed her.  Did LE stop you from taking your life?  Yes, if it wasn't for LE, I would not be here today.  In that note, did you express some of the unanswered questions in your mind about what happened to Caylee?  Yes, I wrote it over many hours and my penman ship got worse.

Baez says the gun is not relative and on and on........

Jeff says this is direct rebuttal about the fate of his grand daughter.

Baez doesn't know what he is talking about.

Jeff says he counts on the court's recollection then.

Baez says he asked him about decomp, his behavior at first, his media appearances, abuse, duct tape and the gas can.

Jeff says that Baez was not specific and suicide was brought up.

The judge says the suicide of George was brought out by Baez.  The fact that the gun had a relationship with all of that....the court will permit this line of questioning.  You can mark and identify the suicide note but it can not come in until your rebuttal.  The court will take this in advisement and look at the issue.

11:45am
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« Reply #165 on: June 29, 2011, 03:44:25 PM »

11:45am Wed, June 29, 2011 Court is in session, jury is present.

Defense witness is George Anthony.

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

Did you purchase a firearm?  Yes.  What was your purpose in buying this firearm?  I wanted to confront Casey's friends to tell me what happened to my grand daughter.  Before you could do that, LE found out that you had a gun and advised you that it violated a court order because Casey was on bond? Yes.  Did they take the gun?  Yes.  On Jan 22, 2009, 6 weeks after the remains were found did you travel to Daytona Beach to take your own life?  Yes.  Why?  I don't know why I picked that day.  It is very hard even up till today it is hard for me to accept that Caylee is gone and I wanted to be with Caylee.  I called my son and my wife and sent messages to my father and mother.  I just thought that this was the day I should do it and go be with Caylee.  Did you put pen to paper?  Yes, I wrote this letter to my wife Cindy.  That I did not want to be in this world anymore.  Did you include things about Caylee?  I never really looked it over and it was written over a period of time and I had been drinking.  You wanted Cindy to know why you would be dead when she read the letter?  Yes.  This is your 8 page suicide letter that you wrote to your wife and family?  Yes.  But for LE you would not be here today, would you?  No.  Jeff is done.

Baez is up.....

Do you need a break?  No.  Mr Ashton questioned you about sparring with him in the depot?  That had even Mr Ashton questioning your truthfulness?  Did he remind you of your oath?  Yes.  That sparring was to pin you down about the gas cans and the duct tape?  There was some conversations we had about that, there was talk about a lot of things.  You were sparring with Mr Ashton about the duct tape and the gas cans?  Maybe if you consider going back and forth, sparring.  Mr Ashton called my questioning you as sparring, would you?  Yes, I would.  When you got the gun, your daughter was out on bond, people explained the rules to you on house arrest and you were given a list on what could be in the house and what could not be?  Yes.  You knew that you could not have a firearm in that house?  Correct.  If they found a firearm in that house they would take Casey right back to jail?  Yes.  Prior to Casey being out of jail you never went to buy a gun did you?  No, I didn't.  This attempted suicide you had, you went out and bought a six pack of beer?  I don't know how much, I don't remember?  It was beer? Yes. The pills were blood pressure medication?  So you had beer and blood pressure medication?  I had a lot of pills with me.  All of this was subsequent to two search warrants being served on your home?  On Dec 11, 2008, LE went through a lot of your things?  They went through everything.  I am talking about your car?  Yes.  You know that car was not in the search warrant?  Right the whole house was upside down.  They went through everything not just Casey's stuff.  They took the duct tape on that gas can?  I don't know what they took.  When you came back from the Larry King show and went back home did you ever see that gas can at your home again?  Our house was in shambles it was turned upside down.  You came back and you didn't go home you went to the Ritz Carlton and you stayed there for a couple of days?  Yes.  Then you were there for the 2nd search warrant? Yes.  You didn't see that gas can on that day?  I don't know there were over 70 items taken.  They are going fast and it isn't making much sense, I got as much as I could, lol.

Court is in recess for lunch till 1:30pm.
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« Reply #166 on: June 29, 2011, 03:47:55 PM »

2:00pm Wed, June 29, 2011 Court is in session. Jury is present, they returned a half hour late from a special lunch.

Defense witness George Anthony has returned to the witness stand.

Baez is up......

On Dec 20, 2008, they did a 2nd search warrant on your home and you got confrontational with the LE?  Yes.  You were asked to step outside?  Yes.  You told Sgt Allen, take your fing minions and get out of my house?  Sustained.  They then confiscated further materials from your home?  Yes.  In Dec 2008 the SA subpoenaed your fingerprints? Yes.  You did not provide them voluntarily?  Yes. That is also when the video of Dominic Casey and Jim Hoover searching Suburban surfaced?  Yes.  In Jan 2009 did you go to Dominic Casey and ask him what he was doing in the woods? I didn't know anything about a video being shot until it was released.  Did you ask Dominic Casey what he was doing in the woods?  No.  They just told you that your grand daughter was found near where Dominic Casey searched and you never asked him why he searched there?  No. Was the pressure getting to you?  From the beginning I had always cooperated with LE even you sir.  All of that cooperation ended on Dec 20, 2008 when you asked sheriffs to leave your home?  That was a tumultuous time in our life....All that cooperation ended when you told LE to leave your home?  I was upset that day.  From there on out you stopped cooperating with them when you found out you were being investigated?  Yes.   You were calling everybody to let them know you were gonna commit suicide?  Yes, I did.  You even called me?  Yes, if I did.  After your alleged suicide attempt you left for Putnam County to be on TV?  No sir.  How long before you went and made media appearances? Sustained.  It was not an alleged attempt George said, he tried to take his life.  Baez is done....

Jeff is up........

You were on Larry King in CA, the reason for that appearance was about missing children?  Yes.  Did you learn remains were found before you left CA or when  you arrived?  Just before we boarded the plane.  You were whisked to the Ritz Carlton Hotel?  Yes.  You did not arrange that, someone made those arrangements for you?  Yes.  Did you and Cindy have any time alone?  Just on the plane and in the car leaving the airport, we were falling apart.  Were you with Mr Baez, at the Ritz Carlton that night?  Yes.  (This is added by me, crab puffs had by all and I believe Baez got there late and ordered a steak, lol)  Sidebar......sidebar over.  Mr Anthony during this entire period were you cooperating with LE and Mr Baez?  Yes, I was taking any help I could get.  It was Dec 19, 2008, you expressed the anger toward LE, the day after you found out Caylee was dead? Yes.

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

You were taken by a car to the Ritz Carlton?  Yes.  Who paid for you to stay at the Ritz Carlton for 3 days? Sustained.  Did you have to do anything for that 3 day stay?  No.  Were you ever on Good Morning American?  No, I don't believe so.  Witness is excused.

Next defense witness is Brandon Sparks.

Baez is up.......

He is active duty US Coast Guard.  He goes out to sea for 3 to 4 months at a time.  Roy Kronk is his biological father, they have been estranged since he was 8 years old.  In the summer of 2008, he reached out and made contact with his father. They began to speak with each other from June to Feb 2009.  He was based out of Myrtle Creek in 2008.  He was having cell phone contact with Roy Kronk. Did your father state to you that he knew something about this case?  Yes, he told me he knew where the remains were.  He told me in Nov 2008, I thought it was far fetched. When he found out that his father found them on Dec 11, 2008, I asked him why he did not get it before, why did he wait this long?  Judge is telling the jury of a stipulation of a cellular log. These are your phone records? Yes.  Did your father ever mention that he found Caylee's skull?  Yes.  Are you sure it was in November?  Yes, it was around Thanksgiving.  Do you hold any ill will against your father?  No Sir. Did you at that time?  No, sir.

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

In 2008 you were living in Virginia Beach?  Yes, however it wasn't until 2009 that you made a statement in this case?  Yes ma'am.  About a phone call in this case?  Yes, ma'am.  She is showing him the phone records and asking him to identify calls made to Roy Kronk.  The phone number for your father starts with 757?  When you got in contact with your father, you did not tell your mother?  No.  In fact, you kept that from your mother?  Yes, ma'am.  Which of these calls in 2008 was the call your father told you about skull?  You can't find it?  No.  Not until your mom and your sister told you about it.  You signed a statement typed for you by someone else?  Yes. When you had this statement typed for you that is when you remembered this call was in November?  Yes.  Mr Kronk also told you he was going to be on TV that day? Yes.  You realize your father did not appear on TV until Dec 19, 2008? Yes.

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

Where you questioned by LE or someone else?  Mr Mortimer Smith.  He works for the defense.  You never spoke to a Det. Melich.  Did you know anything about this case before 2008?  No, not until Dec 11, 2008.  From June to Dec 2009 how much contact did you have with your father? It was almost 3 calls a week. On Dec 11, 2008 when your father called you, was that when you realized how significant what he told you in Nov 2008 was?

Linda is up.....

Your father didn't tell you that he took this skull from the scene?  No.  He told you that he called LE about the skull?  He told you to look for him on TV?  Yes.

Baez is up........

Did your father tell you he was going to be rich and famous?  Yes. Witness is excused.

Next witness is Roy Kronk.

Baez is up.......

After you made your discovery you waited in your truck?  Yes sir.  Then you were asked to make a statement?  Yes.  Eventually detectives got there and spoke to you?  Yes.  You then gave an official recorded statement?  I don't remember.  Baez is showing him the statement. Did they tell you they were gonna be recording the statement?  Yes.  You wanted to be truthful? Yes.  Do you recall telling them on 2 occasions that you did not touch anything?  Yes. I touched it with my meter stick, is that physical contact?  You did not say that you put your meter pole in the eye socket?  Yes, that is what I just said.  There is no sticking your meter reader pole in the eye socket in here is there?  No.  Do you recall later telling them the skull dropped out of the bag?  Yes.  When you were asked that question you never said that you called 4 times about it in the past?  I told them I called Crime-line.  Who did you tell that you called Crime-line in Aug?  The first officer that appeared on the scene.  Did he tell you to keep your mouth shut?  He asked me not to mention it but not to keep my mouth shut.  Were you at an internal investigations meeting for the OC Sheriff's Office?  Yes.
After you made the statement that the skull had dropped out of the bag, it was then you changed your story?  No.  You changed your story on Dec 17, 2008?  I had already changed my mind about what happened long before that.  Why did you change your story?  After I had a chance to calm down and go through the events in my mind, I realized I had made a mistake.  On both the statements on Dec 11th, 2008 you never mentioned that you stuck your meter pole in the eye socket?  No.  Lots of questions all sustained.  Baez basically got in that Kronk did 7 statement without saying he put his meter pole in the eye socket of the skull.  (Sorry, they had me so confused, I got as much as I could).  Taking a special recess for 20 minutes.
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« Reply #167 on: June 29, 2011, 05:49:47 PM »

3:30pm Wed, June 29, 2011 Court is in session, jury is present.

Next defense witness is Dep Edward Turso.

Baez is up........

Were you the first officer responding to the call Dec 11, 2008?  Yes.  Did Roy Kronk ever tell you that he called Crime Line? No.  Therefore, you never told him to keep quiet about it?  No.  Witness is excused.

Next Witness is Det Yuri Melich.

Baez is up.....

As the lead investigator in this case did you show up at the remains scene on Dec 11, 2008?  Yes.  Did you speak to Mr Kronk? Yes.  How long did you speak with him? 10 min.  Roy Kronk had already given a written statement.  Did he ever tell you that he called prior?  No.  Did you find out in Dec 2008 that he called crime line in Aug?  Yes.  Did you then have to go back and clarify with him about a skull rolling out of a bag? Objection.  Did you want to find out if the skull rolled out or dropped out of the bag?  I wanted to clarify it.  Is that when he changed his mind?  I would have to refer to the transcript to see what he said.  Showing Det Melich the transcript. On Dec 17, 2008 was the first time you found out that Roy Kronk had called previously?  Yes.

Witness is excused, free for the day lol (gallery laughed)

Next defense witness is Dr. Syliva Karioth.

Sims is up.....

She has been at Florida State for 40 years.  2 master degrees and a Ph.D. I can't figure out what she does...some kind of nursing that acts like a doctor but isn't a doctor.  She teaches stuff and she learns stuff and its just a big fat mess.  Jeff is objecting and JP is telling her to answer the questions.  She is going off again, don't have a clue.  She is now teaching in London, lol.  She is a Certified Traumatalogist.  I knew she had to be certified, lol. I give up, sorry. You would have to hear her to believe it.  Jeff is objecting and JP is telling her to hush and answer questions. She doesn't charge anyone anything and she sees everyone from firemen to dog trainers.  She writes Chicken Soup Books. Jeff just keeps objecting and I still don't know what she is an expert in. 

Now Jeff is up and he is trying to figure out what she is.  They are taking a sidebar to figure out what she is. She has testified about grief in 12 cases, six criminal, six civil and one maritime, lol.  Have you ever been qualified to testify on grief if you never interviewed the person involved?  Yes.  Jeff objects to the witness but the judge just qualified her as an expert in grief and trauma.

Sims is up.....

She said no one suffers grief the same way.  It is a plethora of differences.  Jeff objects to facts that don't involve this case.  Sidebar and I am going to post this before I lose it from laughing so hard. 

4:20pm

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« Reply #168 on: June 29, 2011, 05:50:42 PM »

We just had a short power failure and I lost what I had typed.  Don't worry, it was all the grief lady and nothing she said made sense.  I typed everything I could understand but I am sure it still wouldn't of made much sense.  I can't believe the judge allowed this testimony.   
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« Reply #169 on: June 29, 2011, 05:51:37 PM »

5:15pm Wed June 29, 2011 Court is in session.  Jury is back in courtroom.

Defense witness is Dr. Syliva Karioth.  She has been declared an expert in grief and trauma.

Jeff is up......

Denial is a coping mechanism for things other than grief isn't it?  Can be.  In fact it is documented that many people use suppression in ways to deal with guilt?  Guilt and shame, especially if they come from an environment of denial, they go right back to denial.  In fact when that happens, people take that event and put it in a box and go as if this thing never happened?  Yes.  You can compartmentalize a unspeakable act and put it in a box and go on as if nothing happened?  That falls more in a psychiatric diagnosis.  That would be out of your expertise?  Yes if it isn't grief, trauma or loss.  Guilt can come from a truly horrible act or a minor act?  Yes.  Even that type of guilt you can compartmentalize it?  That is one way to look at it, another way to look at it as an attempt to stay afloat.  It depends on how they are raised and what is expected of them.  People have an amazing ability to rationalize the things they do?  We all do.  You can convince yourself that is is best for everybody when it is not?  They may have magical thinking.  I had a mother who lost a child and the first rain storm she called and said that he had never been in a rainstorm alone before.  I took blankets and an umbrella and went to her and sat outside with her.  That is magical thinking.  I have many folks who do and ask for things that are very unusual.  You would agree the bond between mother and child is very hard to break?  I don't think it breaks.  The witness is excused.

5:30pm The judge is recessing the jury for the day.  Attorneys are at a sidebar...sidebar is over.

Judge is asking Baez when they will wrap up their case and he said tomorrow.  The judge then says the state needs to have some witnesses lined up for the afternoon for rebuttal and a charge conference on Sat and then closing will be Sat or he will ask the jury if they want to come and hear closing arguments on Sunday.  The judge tells everyone not to make any plans for Sunday or Monday.  Court is in recess.


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« Reply #170 on: June 30, 2011, 12:47:05 PM »

8:54am Thurs, June 30, 2011 Court is in session.
Edit-fix date MB

Ms Sims has a scheduling question for the judge before trial starts.  They all went to sidebar without the court reporter.

Baez is talking about Gentiva records they got from the State.  He can't understand why he got it now, it is still a discovery violation.  He says they waited to late to get it to him and they knew about it the whole time.  He might want a continuance to depose these people.  He wants to subpoena other records for days they know she wasn't at work and it showed she was still there.  It would show someone else could clock in for her.  The judge says you have all night tonight till midnight to depose people and you knew what Cindy was going to testify to.  He said it is logical that if someone is going to testify to A then B is going to follow. They will do a Richardson hearing to see if there were any discovery violations.  Judge says it is time for court now. 9:00am

The jury is being returned to court.

The first defense witness is Krystal Holloway.

Baez is up........

Are you known by any other names?  Yes, River Cruz.  She met George Anthony at a tent when his grand daughter was missing.  How often did you go to the tent?  Every day.  Did you develop a relationship with Mr Anthony?  Yes.  Was this an intimate relationship?  Yes.  How many times did he go to your home?  About 10 -12 times.  Sidebar...sidebar over.  Did there ever come an occasion when you had a heart to heart conversation with Mr Anthony?  Yes. What happened?  He said that it was an accident that snowballed out of control, his eyes filled with tears.  Was this before Caylee's remains were found?  Yes, around Thanksgiving.  She didn't ask him any questions about it.  I had told him that she didn't look like Casey was someone who could hurt her child and that is when he said that. The last time she was with him was at a balloon memorial for Caylee. When the Anthony's held their memorial for Caylee were you still in a relationship with Mr Anthony?  Yes. Did you go to LE to tell them about the accident that snowballed out of control?  Did you go to LE?  No, they came to me.  The LE came to her house and asked her if she had an affair with George, they showed her texts. They asked her for any documentation, she gave them her phone and the letters he had written her.  He is showing her a photo of a text message.  The date is Tues Dec 16, Just thinking about you, I need you in my life.  How did the relationship end?  He was suppose to come over to her house after the balloon memorial but he didn't show up, she thought if she was good enough to sleep with she was good enough for him to show up when he said he was going to.  Her sister found her crying and that was the end of the relationship.  Is there a guard gate at your residence?  Yes.  After the LE found you, was your name exposed to the media?  Yes.  Sidebar.....sidebar over.  When the LE first asked you about the affair did you deny it?  Yes.  Why?  Because I felt he would get in trouble and I thought the media would find out about it and I was embarrassed and I was in a relationship at the time.  She was in a relationship the whole time she saw George.  She eventually told the LE the truth about the affair, that was after being confronted with all the info.  Prior to the LE finding you and your name was released, did you sell your story to a tabloid magazine?  No. The gentleman that did an interview, told me I could tell my story in full, so I did it, I did get paid for it, so did my sister.  Are you here testifying truthfully today?  Yes.

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

Ms Cruz at the time you inserted yourselves in the Anthony's lives they were already celebrities?  Yes.  You sought them out?  Yes.  How much money did you get for selling your story?  4 thousand dollars.  You chose the National Enquirer?  Yes, because the National Enquirer was the one place she could tell her story in a fair and honest way.  The story is much, much better if you are having an affair with George?  I did have an affair.  You do not agree that this story is better if your sleeping with George?  That is not true.  You say that George also sent you letters?  Yes.  Jeff is showing her one of the letters, George sent her.  Sidebar talking about the letter.....sidebar over.  Miss Cruz in early Jan 2008, you received a letter from George about his attempt to leave messages with your daughter and your husband and security?  Yes sir.  Were you in a relationship then?  Yes.  Did you do anything to make George think this could be your husband?  Yes.  Did he send you a letter that was from both he and his wife?  Yes, he did.  The day he sent this letter was 5 days after the remains were found?  Yes, sir.  You gave a statement to LE under oath and swore if the info you gave were going to be true?  Yes sir.  You gave a statement to LE Feb 2010. that you were not having a romantic affair with George? Yes.  When is the first time you changed that statement?  My sister went to the media with it and I told the LE the truth.  My sister went to the media with the story that I had an affair and then I told the LE the truth.  How did contact with the media change your story about the affair?  You lied to the LE?  Yes, I did lie.  I changed my story in the same week, that I first talked to the LE.  When did you first talk about giving the story to the National Enquirer?  The week after I told the LE that I did  not have an affair.  It gets very confusing, Jeff is asking one question and she is answering another one.  Sidebar...sidebar over...Jeff says, what George says was, I really believe it was an accident and Casey tried to cover it up and it snowballed from there?  Jeff is having her read the statement.  He didn't tell you that he was present when this accident occurred.  No.  I never said he said anything else.  He never said that he knew it and he never said that Casey said it?  Your right.  Was there another incident that he relayed to you about the death of Caylee?  Did he tell you that he threw his daughter up against the wall and choked her?  Sustained.  Sidebar.....sidebar over.  

Baez is up.......

The statement that Mr Ashton read to you saying that, he believed it was an accident, do you remember that?  Yes.  That statement was taken out of context?  Yes.  Baez is approaching the witness.  Before you said that he said what?  That IT WAS an accident that snowballed out of control.  This was a statement he made, while he was still out making media appearances after he told you this?  Yes.  After he told you that Caylee was dead he was still making media appearances?  Yes.  Were you still having a relationship with Mr Anthony when her remains where found?  Yes.  How long was it that you kept quiet about this affair?  2 years.  I never went to anybody, they came to my door.  Who did?  The LE.  Why did you go the National Enquirer?  I didn't want it to be edited and the guy told me he would let me tell my story in full.  The media said I have a criminal background and I do not.  I wanted the truth to be known.  

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

Kyrstal is crying.  Jeff is having her read out loud.  She is reading her statement to LE.  "He said I really believed it was an accident and it just went wrong, Casey? No verbal response"  Baez says it is not being read in context your honor they went to the bench.  Jeff is having her read again. "Did he tell you what he thought happened to the child,  its alright take your time, he said it was an accident that went wrong and it snowballed, you know how you tell a small lie and it goes wrong, what type of accident?  he was sitting on a couch and I was sitting on the floor and he I really believe it was an accident that went wrong and she tried to cover it up.  Did he say that this was an accident or he believed it was an accident, he just said that it was an accident that went wrong"  Sorry I didn't get all of that, she was reading fast.  Jeff is saying, George was telling you that he did not have any first hand knowledge of what happened to his grand daughter?  Correct.

Baez is up......

You made a statement that Casey told him, that he knew that it was an accident that snowballed out of control?  What you conveyed to the Le.  All sustained.  Did you tell the LE that he knew it was an accident that snowballed out of control?  Yes.  

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

In the statement, you said that he didn't say that he like, he knew?  Yes.

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

Sidebar.....sidebar is over.  Sidebar again..........judge is recessing for a short break.  Jury is leaving the room.

Judge is talking, he wants this cleared up now.  He let them go ahead and use the facilities, lol.  They better get back quick the judge does not look very happy.
10:20am judge just left the courtroom.

« Last Edit: June 30, 2011, 01:46:46 PM by MuffyBee » Logged

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« Reply #171 on: June 30, 2011, 12:48:21 PM »

10:25am Thurs, June 30, 2011 Court is in session, jury is not present.
Edit-fix date. MB

Jeff wants an instruction read to the jury about Krystal's testimony, Baez does not agree with that.  The judge is giving them case law on prior inconsistent statements.  The statement she gave was a statement to LE, is that not correct? Yes.  Jeff is arguing about what the instruction should say.  He wants the jury to know right now that Krystal's inconsistent statement needs to be known to the jury right now.  Jeff says this is the only thing the jury has heard about an accident.  Baez said all Mr Ashton says is bla bla bla bla.  Judge is reading a case law that was reversed because the state used an inconsistent statement.  Judge is saying that what she said Mr Anthony said is not a substantive statement are you?  Baez says no, it is to impeach George Anthony.  Jeff says this statement is not just to impeach George Anthony, it is put before the jury in hopes that they will take it for more than what it is supposed to be.  He does not want the jury to use this information in an improper way.  Baez says the instruction will make the jury feel the court feels in one way or another.  To go on and allow to make argument in the instruction would be wrong.  He said it is surplusage.  lol is that a word?  Baez want the instruction to be short and simple with no jabs in it.  The judge says it is evident that an instruction needs to be given and we have two trained attorneys that can't agree, how can we expect a jury to understand this? The judge is reading a case law.  Dudley V State a 1989 decision by the Florida Supreme Court and another case law the court will give the following instruction:

"The testimony concerning the statements of George Anthony testified to by this witness Krystal Holloway can be used only to impeach the testimony by George Anthony and for no other purpose.  This can not be used to determine the way the victim died and you are not to use that testimony to determine the defendant's guilt or innocence".

Baez is arguing about this instruction, he says George lied and he wants the jury to use that in the guilt of Casey Anthony.  That instruction diminishes what that witness said.  This instruction takes it a step further, it basically tells the jury to disregard all of her testimony.  The two sentences that are added put us in a worse position.

Judge is reading case law.  He tells Baez that his instruction is the right one and will let the jury believe what they want to believe of Mr Anthony.  Even the attorneys can't agree on what this should be.  Even I will be graded on this instruction but I will give it as I just read it.  He is going to bring Krystal back in to excuse her in front of the jury and then read them the instruction on her testimony.

10:45am Jury is returned to the courtroom.

Defense witness is Krystal Holloway.

Witness is excused.

Judge is now reading the jury the instruction on her testimony.

"The testimony concerning the statements of George Anthony testified to by this witness Krystal Holloway can be used only to impeach the testimony by George Anthony and for no other purpose.  This can not be used to determine the way the victim died and you are not to use that testimony to determine the defendant's guilt or innocence".

« Last Edit: June 30, 2011, 01:47:37 PM by MuffyBee » Logged

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« Reply #172 on: June 30, 2011, 12:49:40 PM »

10:50am Thurs, June 30, 2011 Court is in session, jury is present.
Edit-fix date.MB
Next defense witness is Dominic Casey.

Baez is up......

Baez is showing the witness a photo  and an email.  Is that an email you sent on Nov 15, 2008?  Yes.  Does it fairly and accurately depict the areas that you searched?  It would be fair but not specific.  Is that a Google map?  Yes.  Luke sent me this map and asked me to point on the map where I searched on Suburban Dr.  This map was prepared in Nov of 2008?  Yes.  Where you had searched was much fresher in your mind in Nov 2008 than it is now?  Yes.  When did you go out to Suburban drive?  Nov 15, 2008 you sent this email marking where you searched that day?  Yes.  Everything you testified to in this case so far is further in time than what you said in your email on Nov 15, 2008.  Baez is showing the jury a blown up version of the first map that Dominic marked about his search of Nov 15, 2008.

Frank George is up.......

When you marked that map on Nov 15, 2008, you weren't being precise?  No, it was a general area.  The defense also showed you a blow up and you said where you searched was closer to the bend in the road.  The one he marked is more accurate than the blown up one.  Dominic says he walked into the woods in an open area and walked maybe 30-40 feet.  These pen marks are not precise they are just general.  

Baez is up........

Baez is showing him the blow up of the map he marked on Nov 15, 2008.  Baez is asking him if that is the only place in Orlando that he searched?  Yes.

Witness is excused.

Baez is publishing a video with a stipulation read to the jury.  It is a news video of the command center, manned by George Anthony.  It is to be considered true.  Publishing the video to the jury.  It shows a poster that was hung up with the Henkle duct tape at the command center tent.  

Next defense witness is George Anthony.

Baez is up........

Did you just see the video and the duct tape that was there? Yes.  That was your duct tape?  I don't know, it could of been someone else's duct tape.  Did anyone bring any duct tape?  I don't know.  Was that a Publix that you were at?  Yes.  How many Publix did you go to?  2.  So not 50?  Do you know which Publix that was taken at?  No.  At that location did anyone else bring Henkle brand duct tape to the command center?  I have no idea.  When you came from Ohio, that is the same place Henkle brand duct tape is made at?  I have no idea.  When you lived in Ohio did you have a dog named Mandy?  Objection.  Sidebar.....sidebar is over.  Did you have a dog named Mandy in Ohio?  Yes.  Did there come a time when the dog died?  Yes.  Did you pick the dog up at a vet?  Yes.  Was the dog wrapped in a blanket?  I don't know.  Was the dog in a plastic bag?  I don't know.  Did you have a dog named Bo?  Yes.  When did Bo pass away?  15 years ago?  Was Bo buried in a plastic bag with duct tape?  I don't know.  Did you have a cat named Penny?  Yes.  Was Penny buried in a bag with duct tape?  I don't know.  How about Ginger?  I don't know.  How about Misty?  I didn't have a pet named Misty.  When Caylee was found did you tell LE, that was the way you used to bury your pets?  Ya.  Sidebar.....sidebar is over.

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

Have you ever taken a dead pet and thrown it in a swamp?  No sir.  Witness is excused.

Next defense witness is Cindy Anthony.

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

Did you have a dog named Mandy in Ohio?  Yes.  Casey was a toddler when Mandy died.  How was she wrapped, when she came back from the vet after being put down?  I brought a blanket, her baby blanket. I was holding Mandy in a blanket when she died.  She received her back wrapped in the blanket and black plastic with packing tape?  Duct tape?  No.  Did you have a dog named Bo?  Yes, he was taken to a vet by George and Casey and he died on the table.  He was buried in the backyard, Lee was in first grade and Casey was 4.  Was the dog buried in black plastic and tape?  Yes, that is the way he came from the vet.  Did you have any other pets that were buried?  None that the vets had secured like that.  What did you use to bury them?  We used a towel and a favorite toy with one of the dogs then a couple of garbage bags then clear plastic tape.  Did you ever tell me you used duct tape?  Sustained.

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

You did not euthanize your pets with chloroform?  No.  Did you put duct tape on their faces?  No.  Did two of your pets die close together?  Yes.  Casey was a senior in high school?  Yes.  George and I wrapped the dogs in bags and sealed it with tape.  Why did you do this?  It was something we did for a period of years.  We even had a headstone for one of the dogs, a lil marker.  Was Casey present when the dogs were buried?  She was present at one of them and with Bo, she was not present with Mandy.  I buried Mandy by myself.  When she was a a senior in high school she was aware of the way you did the burials in the yard? Yes.

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

The tape was used to seal the bags?  We taped them in thirds so they would be compact and no air was in.  Witness is excused.

Next witness is Lee Anthony.

Baez is up........

Were you present when Mandy passed away? 3 or 4?  When was the first time you remember your family having to bury a pet?  I don't remember being present for Bo, or Ginger but I knew they were buried.  I buried one pet with plastic bags and duct tape.  The only other pet was my grandmothers pet.  My grandmothers pet was given to us in a black plastic garbage bag with clear tape.  Who was in charge of burying your family pets?  My parents. Witness is excused.

Judge is recessing for lunch till 1:30pm today.
« Last Edit: June 30, 2011, 01:49:40 PM by MuffyBee » Logged

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« Reply #173 on: June 30, 2011, 02:41:52 PM »

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

Warning:  This is not a transcript or verbatim.  Everyone was talking over each other and I tried to single them out as I could.

Mason is talking....

Your honor before we broke there was information about the records of Cindy Anthony's work records and we need to hold a Richardson's hearing on that...sidebar without court reporter....sidebar over.

Judge is asking if Mr Baez has anymore witnesses?  No, sir.

Judge is asking Casey if she wants to testify and that it is her decision alone to decide not to testify.  She has had ample time to discuss this matter with her attorneys and no one has forced her not to testify.  It is her decision to not testify and it is given freely.  Casey Anthony understands all of this and she does not want to testify.

Jury is returned to courtroom.

Baez is talking.....

He has a stipulation he would like entered into the records: 

The attached documents are true and correct records of Shurtape Business.  He is offering it into evidence.

THE DEFENSE RESTS!!!!!!!!! 1:40pm

The jury has been excused for legal reasons.

Judge asks if the state intends to give rebuttal testimony?  Linda says yes and it will take less than a day.  Judge says there has been some concerns raised about some of the state's discovery and Mr Mason will be handling that.

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

Yesterday we got work records for Cindy Anthony to attempt to impeach her testimony on the times she testified that she made the computer entries regarding chloroform.  We are objecting to this based on a clear discovery violation.  Ms Anthony's testimony was not new, nor a surprise for the state.  They had this information since July 2009, they knew since then that Cindy said she made those computer searches.  They subpoena records now to impeach her.  We are now prejudiced by this and want that to be sanctioned by that not be allowed in their rebuttal.

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

She says that she has only a one page item that she wants to introduce.  We have only asked for documents for specific days.  We have received emails in regards to our inquiries.  The Excell spreadsheet looks longer than it is, it is just the log entries of Cindy Anthony's computer terminal and Cindy's work activity.  It is correct for Mr Mason to say that Cindy said she did searches for chlorophyll but not what she testified to.  She testified that Gentiva would have her work records.  The defense should know because of their continued discovery violations that exclusion is a final remedy.  We have only had a short time to react to Cindy Anthony's testimony to the jury.  The state acted as quickly as possible to get the necessary documents and advised the defense as soon as they knew. 

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

You have said this is not to be a trial by ambush, the state had this information 2 years ago.  Since I joined this case last year, we have taken lots of depos.  In Cindy Anthony's depot, she clearly testified about the chlorophyll and the search.  The state should not sit back and allow Ms Anthony to testify about such an important thing and to then tell the jury that she testified falsely.  We think the state should be told, No, you don't get to do that.  You must not reward the state and support the prejudice in a capital murder case such as this.  Allowing Ms Sims in a lunch hour to look at those documents is not fair.  I ask you to not prejudice the defense with this clear discovery violation.

Judge is asking if Cindy ever said she was not working when she was clocked in?  Linda said we spent most of the time talking about her searches.  She only said that she made a search for chlorophyll because her dogs were acting lethargic and she wanted to find out if bamboo was the cause for them to be ill.

Baez says that Cindy did say she may have searched for chloroform, it went on to mention other areas....that he is looking for.

Judge is asking Linda when she asked for the records and notified the defense right away but she had not received any documents and she would let them know when she got them.

Judge said, did the state know what Ms Anthony was going to testify about?  We did not know she was going to testify that she was going to say that she was not at work when it said that she was.

Baez says that Cindy said that she did say in her depot that she may have looked up chloroform and she did look up alcohol and peroxide in that time period.

Judge asks if the defense was aware that Cindy would say despite what the records at work would say they would be meaningless?  Baez says yes, we were both aware of that.  How far she went into it, I do not know, it was Linda's depot to handle.  What prejudice would the defense suffer other than her being impeached?  Baez says we would be severely punished because it would look like we were knowingly  lying to the jury.  There is no remedy to this other than exclusion.  Cindy could plead the 5th amendment.  The judge says if that she does that all of her testimony will be stricken and the jury told to disregard it.  Baez said we are at the end of our case we have rested it and we do not want the stigma of false testimony on our case.

Judge says unless someone tells you they are going to get up and lie, that is when counsel gets into trouble.  Counsel can only count on witness to tell the truth.  They could go South or shade their testimony.  Baez says I agree with that but with discovery violations, should the state have known this 2 years ago.

Linda says, the inquiry is was it willful and intentful.  Cindy tried to follow her testimony with emails and passwords and on and on and we followed up on it.  We are not saying that the defense knew this or that it would come up, we did not know this either.  It did just come up.  The head guy from Gentiva is here to report.

Baez said we would need our computer experts to look at their computer records.  The state just dropped this on us and the timing is way too late.

Judge says before Cindy took the stand, did you know that she was gonna say that she was at home and not at work?  Yes, they were in evidence.  Her work records do show her at work, she said she is not.  Judge says to Baez, where you aware that the records of work were meaningless.  Yes, Sir.  The rest of the testimony was what Linda got Cindy to testify to.

The judge asks if the work records introduced were they computer generated?  Linda says yes.  Was there any indications for someone to look at those records to see if anyone tampered or monkeyed with those records?  No, sir and we actually agreed to a stipulation to that.  Baez says that they thought there was always an explanation that Cindy could give to why it said she was at home when it said she was at work.  The state decided to go get more info and introduce this new discovery.  Judge is asking for anything else?  NO.

Judge decides this is NOT A DISCOVERY VIOLATION!!!!!!!! As soon as the state knew, they gave it to the defense.  Trials are supposed to be about the truth and the jury is supposed to hear the truth and the jury is to hear the truth and then speak the truth. I will like in any trial to give an instruction to give or not give anyone's testimony the same weight or no weight.  Now I need to decide how long to give the defense to look at this.  From what both sides have done in this trial is stipulated to records already.  Both sides know the penalty for fabrication of records if proved at any point of time is subject to being throw out if their is a verdict of guilty.  I understand this man from Gentiva is under a time pressure but I am going to give Ms Sims time to talk to this gentleman.  I will make him miss his doctors appointment if necessary.  Everyone knew this was coming based on Ms Anthony's testimony.  As an officer of the court consistent with the oath you have taken how much time do you need Ms Sims?  I am not really sure, maybe an hour or so with the first individual and then there is another individual.  Linda says there is not really two people to talk to, one is just the person that compiled the records and got them from where they were stored.  The only time difference is that they are in Central time.  Why does this man need to be in Atlanta tomorrow?  If the appointment is 7:45am, couldn't he make his appointment later? 

2:20 Judge says court is at ease. (not sure what that means) 
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« Reply #174 on: June 30, 2011, 05:29:29 PM »

2:30pm Thurs, June 30, 2011 Court is in session. Jury is not in the courtroom.

Jeff says that the first witness is going to be Michael Vincent and they are going to want him to smell the can the carpet is in and testify to what it smells like.

Jeff says that the jury may to want to smell the evidence.  One or two of the jurors smelled the evidence already passed around to them.  We are going to ask a witness to smell the can and let the jury know what he is smelling.  It is rebutting that some of the defense experts said that there was no smell or is smelled like trash. Dr Furton testified that the smell was in the trash and not the car. He says that the defense continually tried to get the jury to think that the smell was coming from trash. 

The judge says that on the state's side they have had numerous people testify that it smelled like decomposition.  What does this rebut?

Jeff says what are we going to do if the jury asks to smell the can themselves?  Baez brings up a case and Jeff says that case is only one juror trying to explain what he knew.  If this jury decides they want to pop that can of evidence, why couldn't they?  Then it would be up to what each one of them smells.  Jeff is giving the judge examples of jurors using their olfactory senses.  To eliminate this coming up the state wants to bring in Michael Vincent to smell the can and tell them his expert opinion.

Baez is saying that this is not what the judge told the state to do.  They were to find case law supporting this smelling of this can.  What if jury number one knows what decomposition smells like and jury number seven does not?  This would significantly prejudice at this point.  We knew about this problem at jury selection and now the state is trying again to see if the judge has changed his mind?  Baez said under the Fairbanks case the defense had opened the door, that is not the case here.

Judge says that he found a Texas case that said the following, the question is not a new one, it has been a problem a great deal of times and it has caused a reversal a great deal of times.  This was with jurors tasting whiskey.  This is the case the judge told them about in jury selection.  Judge is citing more cases.  There are 2 cases in the state of Florida that deal with this issue.  He is talking about those cases, he is referring to them as jury experimentation.  In this case if the jury is allowed to go back and smell a can, what are they supposed to be smelling?  Are we asking them to be witnesses?  Are they to determine if it is trash or the scent of a decomposing body, in jury selection someone did say they had smelled the odor.  I can't remember if one of those jurors are on this jury.  How would the defense be able to cross examine that juror?  What if one has experience and says that's it, that is the odor of decomp.  That would violate Ms Anthony's 6th amendments right to confront that juror or cross examine that juror.  The court will make the ruling that piece of evidence will not go back to the jury, I am aware that I am to allow all evidence to go back but judges are not potted plants.  I will not allow any smell tests by any jurors.  There has been ample testimony to whether there is cutting edge science or voodoo science depending on which side you are on.  There have been many experts that have testified to what they smelled.  Mr Vincent will not be allowed to testify to the smell in the can.

Judge is taking a five minute break.
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« Reply #175 on: June 30, 2011, 05:31:39 PM »

I am recapping, I have tried everything to read that note but can't just want to let you all know ahead of time.  I am sure we will get to read it later. 
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« Reply #176 on: June 30, 2011, 05:32:48 PM »

3:00pm Thurs, June 30, 2011 Court is in session, jury is present.

First state rebuttal witness is Alina Burroughs.

Linda is up........

She is a CSI for OC Sheriff's office.  They are talking about photos of clothing taken from the drawers in the Anthony home. They entered the photos into evidence.  The witness is excused.

Linda is entering drawings done by Dominic Casey into evidence.  Linda is entering into evidence items from Joseph Jordan, the defense objects, they are at sidebar.....sidebar is over, it is modified and now introduced.

Jeff is up........

He is entering into evidence, George Anthony's 8 page suicide letter.  It will now be published on the doc camera and the jury can read it at their leisure and in detail.  George's suicide note is now being published in court but I cannot read it at all, it is too small for me to read.  That is all the testimony the state has for today.  They will be ready tomorrow morning.

The judge is telling the jury they will hopefully conclude the case tomorrow and they will hear closings on Saturday.  He will then instruct them on the law and give them the case to deliberate on.  He has excused the jury for the day.  The court is at ease again (not sure what that means) people are walking around and they are waiting for something.

Mathew Bartlet 28 years old is at the podium, the judge is asking him if he sees what is on the photo?  He says that he is extending his middle finger.  The judge says what does that symbol mean?  The F word.  Who was that meant for?  Mr. Ashton.  The court was in session at that time.  Can you see this sign, can you read and write?  Did you read this sign?  I have read that.  Did the court deputy tell you about the rules this morning?  Yes.  Was there anything about this you did not understand?  No, sir.  Can you tell this court, why you should not be held in contempt of court?  With posted signage and with what the court deputies tell you in court.  You gestured to Mr Ashton the F word in open court, why should I not hold you in contempt of court?  I do not know why I did it.  Why did you do that to Mr Ashton?  What did he do to deserve the middle finger?  It was just some stupid thing.  Was the jury in here?  Yes, they were.  Do you know what would of happened if some of the jurors would of seen you do that? No.  Sir, would you care to give any excuse or mitigating circumstance before opposing this sentence?  I am just sorry.  Have you ever been convicted of anything involving dishonesty? No. Where do you work?  At TGIF at the Milenia, he is a server.  He is saying he is sorry again.  The judge said that the state has spent a great deal of money and does he know his actions could of jeopardized all of the work done in this case?  Yes sir.  I have the deputies tell everyone in the gallery every day of the rules of proper decorum.  You are adjudged guilty of direct criminal contempt.  He is sentenced to six days in the County jail and a 400 dollar fine.  He has six months to pay.  He was just put into handcuffs by the deputy.  Sir, you have a right to appeal, if you cannot afford the service of an attorney the court will appoint an attorney to represent you.  He is appealing his verdict.  How much do you make a year? 14grand.  He owns nothing in excess of 4 thousand dollars.  He is being taken to OC Jail.  The judge is making a photo copy of the sign for this matter.

Baez is asking the judge if he can serve a subpoena to the Gentiva guy that is going to testify for the state. The judge says they can. Frank George said that the guy from Gentiva said that he can't get the records for the defense till next Thursday due to the 3 day weekend.  The judge said it is what it is and court is recessed until tomorrow morning.

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« Reply #177 on: July 01, 2011, 09:31:06 AM »

8:53am Fri, July 1, 2011 Court is in session. Jury is not present.

Warning:  This is not a transcript or verbatim.  They were all upset and were talking over each other, I got as much as I could get without adding anything.

Judge says I understand that you have some issues to be brought up early Mr Baez?

Baez is talking about having a stipulation with Gentiva.  They knew about her being salaried and what she was going to testify to.  Gentiva was deposed yesterday and Ms Sims said she asked to talk to the state computer experts and they haven't talked to her.  He also said that computer experts Osbourne and Stenger have new expert opinions they are going to give and they are not in reports. There is also someone waiting to testify outside that doesn't have a report.  That there is someone else coming to testify without a report.  Baez says, lol, that they have lived up to there end and they expect the state to do so too.

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

Ms Anthony said during her testimony other things that were not in her depot and she has had them checked out.  She has informed Mr Baez of what the computer witness said, it is in rebuttal to Ms Anthony's testimony. The experts say that Ms Anthony did no key word searches and she did not engage in a remote log in.

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

This task they would have to do would take 2 days worth of work, we would of like to of been able to have our expert go in and look at this work.  We don't know what software they used, or how they did this.  They could of placed us on notice but they didn't they waited till our case was closed.  I told the state yesterday that this is not what the discovery order said and this is not fair.  Not fair, not fair.  I need to see what there expert opinions are in a report and then have my experts look in to it.  Here was the big issue that I got into trouble with, new opinions that are not in trouble with.  The court was firm on this all along. 

Jeff is saying that Dr Goldburger will state that there is nothing in the sediment that was washed in the brain cavity.  Dr Spitz said you had to open a skull for it to be protocol.  There is nothing in Caylee's skull to indicate the brain dust that Dr Spitz talked about. 

Baez is up........

He is saying there experts are not forensic pathologists and should not be allowed to testify about what is protocol in an autopsy.  Baez wants the rules to be the same for each side.  He is getting very upset about being ambushed. 

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

He is saying that this is not a surprise that opening the skull being protocol was wrong.  Baez is wrong on this matter. 

Baez is up.......

Dr Warren can not talk about organic matter in the skull, he is a toxicologist. 

Judge says the bottom line Mr Baez says that I will give you the balance of this morning to take a depot but we will be here tomorrow and Sunday.  Baez says he wants their testimony to be excluded.  Both sides asked for tomorrow off to prepare closings but we will work tomorrow and back her Sunday and Monday and Tuesday and Wednesday.  You are saying your surprised and I will allow you to take a depot.  I want to read these reports and find out that is in the report.  Jeff says it is in the report.  Baez says just the brain washes are in the report.  The expert is saying that there is NO BRAIN MATTER from decomp, not that it is.  Judge is tired of this and just wants a copy of the report. 

Jeff is mad and raised his voice when Baez said he admitted there are expert opinions that are not in the report.  Judge is mad now and says this better not be an imaginary problem, these jurors are ready to return to their homes.

Judge says we are in recess, subject to recall.  While Baez takes depositions.  Judge brings up a matter about Dr Rodriguez and tells them to be ready to work later this evening.  The judge said he doesn't care what you all do folk's in reply to Jeff asking if they can work tandem to Baez taking depots.  Court is in recess and the Judge walked out very upset.

9:17am  Court is in recess.
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« Reply #178 on: July 01, 2011, 06:35:16 PM »

1:35pm Friday July 1, 2011 Court is in session. 

Baez says he has a potential objection that may arise with the first witness.  If he is going to testify to reports that he did not compile, we are going to have a problem with that.  Judge said if they are business records they are coming in, he is establishing a hearsay exception due to them being business records.

The jury is being returned to the courtroom.

State rebuttal witness is John Camperlengo.

Linda is up......

He is general counsel and he is chief compliance officer for the Gentiva Company. There are numerous regulations they must comply with. Most of their documents are patient files and they maintain computer files for various company records.  They have a 10 year retention period for most documents.  Documents are maintained in Kansas, a security officer maintains those records.  Gentiva has servers for email but most is maintained in Kansas.  It is kept in the time zone of central time zone.  Gentiva compiles emails received by employees and emails deleted by employees.  They have a very easy retrieval system.  Emails are backed up and maintained off site.  There is a record of all of this and it required by the HIPPA laws, it is a very tight system.  Do you know if Gentiva holds documentation of what is happening at particular work stations?  Yes.  Records maintained under a specific user?  Yes, everyone has a unique log in and a record is maintained of that persons data.  Linda asks him about clocking in?  They use a system called Unity and a time stamp is made and recorded.  Do you know of Cynthia M. Anthony was an employee of Gentiva in Florida in March 2008?  Yes sir, I was called by the OC Sheriff's office in July 2008 and was asked about her records.  Linda is telling the judge that there is a stipulation to be read:

In 2008 Cindy Anthony was an employee of Gentiva and these are her records, they are to be considered true and accurate.

Linda is introducing a document into evidence.

She shows it to the witness and asks him is that the profile of Cindy Anthony?  He says yes.  Does the employee profile say what Ms Anthony's profile was?  Yes.  CMANTHON.  Is this the list of the emails she sent and received in March 17-21st 2008?  Yes.  Linda is entering documents into evidence.  She is showing them to the witness.  Are those the deleted, received, sent emails of Cindy Anthony the week of March 17-21st, 2008?  He says these are the records from those days. We have done this many times before.  Linda says those are emails so they are the pretty standard Outlook form of emails?  Yes. As custodian of records for Gentiva did you ask for the log and log out records for Cindy Anthony for the week of March 17, 2008?  Yes, I did it was part of the subpoena request.  This is the log in information.  Was it kept in the conduct of Gentiva Business?  Yes.  She is publishing it for the jury during the witnesses testimony.  Can you see the document on your screen?  Yes I can.  He is telling what he is showing.  It tells where it was located and what it means, it shows that Cindy logged in March 17, 2008.  She was going back and forth between different applications.  He is saying that it designates whether it was a laptop or a desktop and which terminal.  The same terminal was used the entire week.  User CMANTHON was at a user station from March 17, 2008, they are talking about different times, I am confused here, I think it will all make sense soon.
If you are active it stays on it,keeps you logged in.  The activity is the same for March 18,19,20.  The user logged off at a different time on the 21. I am kinda lost here they are going fast and giving different times.  She is showing him a new document an Excel spreadsheet.  Linda is publishing it to the jury.  The witness says this is a general report of the user CMANTHON all of the info for that user of the week March 17, 2008 -March 21, 2008.  He is explaining the document it is in central time.  It shows her work station and the log in times and log out times for CMANTHON, it has the job number, the record number and the Gentiva number.  He is explaining how it shows how Cindy's work activity shows up.  They just keep adding records they don't change records.  He is explain Cindy's activities the day of 3-17-08.  The business records of CMANTHON was working on 3-17-08 till I think they said 4pm Eastern time. I am not sure of the time here unless they say it again.  On 3-21-08 CMANTHON was working all afternoon till 4:06pm Eastern time. This time I am sure of.  He is talking about record keeping laws they have and that over-time was compliant.  Linda says based on these records does it show that CMANTHON on 3-17-08 was using the system between 1:41Eastern time to 3:00pm Eastern time. Does it also show that CMANTHON on 3-21-08 was working between 2 and 3pmEST?  Yes, that is correct.

Baez is up........

Where Cindy Anthony's records subpoenaed from you in 2008?  No, I wasn't working then.  Is this the first time you have been called to impeach Cindy Anthony?  Yes, objection, wants a sidebar judge says no.  Witness is excused.

Next witness is Deborah Polisano.

Frank George is up.......

Where did you work in July 2008? Gentiva in Winter Park, Florida.  She ran the office.  She supervised 20 -25 plus field staff.  Do you know Cindy?  Yes.  Were you here supervisor?  Yes.  What were your responsibilities for her?  Her job performance and evaluations.  What was Cindy's job?  She had a team of field staff and she was responsible for the clinical aspects and that team, it was an office job.  Did she have to leave the office to perform this job?  No.  Was she an hourly or salaried employee? Salaried. Did they have to log in and out of work?  Yes.  How much time was allowed for lunch? A hour or half an hour.  Would they have to log out of the computer if they went to pick up something at the drug store?  No, the computer would shut down.  How did you log in?  Put in your user and your password.  You mentioned about an auto log off what is that?  If your system is up and running what is the period of time would it be inactive before the computer would shut down?  15 min, then they would have to relog in.  Was Cindy a capable employee that would work hard?  Yes.  Would she take a 3 hour lunch?  No.  Who would have to do their job?  I would.  Back then would you characterize yourself as a tough boss?  No. But you expected people to do their jobs?  Yes.  Can anyone use their work station?  You would have to put in your user ID.  The computer would reflect who would be putting in that information.  It was a HIPPA compliance issue.  Did Cindy during March of 2008 have the capability of working at home or a laptop computer?  No.  Could she log on to her Gentiva account from anywhere else?  No.  Would it be possible for you to fix Cindy's log-in for a 4 hour period?   Theoretically but I wouldn't.  He is publishing a document. Do you recognize this is a Time Card Report?  Yes.  Let's talk about 3-14-08 what is PTO?  Paid time off.  On 3-17-08 that she arrived at 8am and signed off 10 hours later?  Yes.  On 3-21-08 it says she also worked a 10 hour day?  Yes.  She is explaining how the time cards work and then she approves it and it goes to payroll.  Being a salaried employee means that sometimes you work more than 40 hours per week?  Yes.  Do you get comp time?  If she is home and supposed to be at work, what would happen?  That would be against the company policy and the law.  Is there a Bank of America close by to Gentiva? Yes, right down the block.

Baez is up.....

Employees are allowed to do errands during the middle of the day?  Yes.  Did they show you a Bank of America receipt? No. Did they show you a receipt where she should of been at work?  No.  When you say running errands, what about a Dr. appt, would you have to do all of their jobs?  No.  Cindy Anthony had to go to a tow yard?  Yes.  How long was she gone?  Objection not the same time period.  How many hours was she gone for the tow yard?  Probably 2 hours at the most.  What time was she gone from?  Late afternoon.  Have you reviewed her records for July 15, 2008?  No.  She was working on her computer before she left and she worked on it after she came back.  There was quite a big discussion about the car that day and Cindy did not want to leave?  Yes.

Frank George is up.....

If you had to do an employees work you would do their work with your own password?  Yes, on my own computer.

Witness is excused.
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« Reply #179 on: July 01, 2011, 06:37:42 PM »

2:50pm Fri, July 1, 2011 Court is in session, jury is present.

Next rebuttal witness is Bruce Goldberger.

Jeff is up........

The witness is a Professor and has lots of education.  He is a forensic toxicologist.  He tests body fluids for volatile compounds or substances.  He is in contact with the ME.  He was contacted by Dr Garavaglia in 2008 and traveled to Orlando to take samples from Caylee's remains.  He took pieces of bone and bone marrow, hair, matted hair and saline washes.  Sidebar.....sidebar over.  Strands of hair and soil from matted hair.  Where all tested for volatile compounds?  Some not all.  How did you collect the wash from the skull?  They sealed the sutures of the skull and added saline and then shook it and then poured into tubes, they did that twice.  They ran an analysis of the washes and there was no decomposition of the brain in the washes.

Baez is up......

Did you say that you collected something from the femur?  Objection......the judge said he opened the door and you get to go through it.  Sidebar.....sidebar over.  Dr Goldberger, you collected bone marrow? Objection.  Sustained. When you did the saline wash you did a crude type method while doing so?  It is what it is, it is the best way to get out what's inside.  When referring to products of decomposition you are talking about a couple of compounds not DNA?  You are not a DNA analyst?  No, I am not.  Sustained.  Did you send them for any further testing?  No, I sent them to the ME in Orlando.  Witness is excused, he slipped on the way down from the stand and said he was ok on the way out.

Next witness is Dr. Michael Warren.

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

He is a Director of Anthropology of Florida University. 

Are you aware of any protocol of opening a skull in a human skeleton?  No.  It is not considered best practice to open a skull.  Is there a reason not to open it?  It is not necessary.  There is an opening already and there is no compelling interest and the negatives of doing that is the next expert can't review the skull undamaged and he finds it invasive to further damage the human remains.  He is explaining the hole in the bottom of the skull.  There is a way to examine the skull with an instrument through the hole.  They have a number of human skulls and they have none sawed open? Yes.  Is there any concern in sawing a child's skull?  Yes, they are more fragile and you can create fracture's in the child's skull.  Jeff is showing the blow up of Caylee's skull and the fracture made by Dr Spitz when he sawed open Caylee's skull.  Yes, that fracture was not there before and the sawing from Dr. Spitz caused it.  Does anyone recommend opening a skull?  No.  Are you aware of the documents in human rights cases, genocide, etc of opening skulls?  Yes, it is not allowed.

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

You are the witness that did the video?  Sustained.  You are not a MD?  No.  You can't testify intelligently what a forensic pathologist would do?  No, I am talking about what someone would do with a skull with is a an anthropology case.  You are testifying about what a skilled doctor did in this case, Dr. Spitz?  Yes.  You are talking about human rights papers and protocols?  Yes.  Are you aware of the protocols in the ME autopsy protocols?  Why do you look inside the big hole of the skull?  You look for defects and staining.  Like the stain that can be left by strangulation?  Stains can be seen that way.  You testified about a skeletal examination?  Sustained.  Side bar....sidebar over. Sustained.  Did you review the 23 page autopsy report by Dr. G?  No.  How about the report by Dr Goldberger?  No.  Witness is excused.

3:20pm taking a 15 minute recess.
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