Caylee Marie Anthony MURDER TRIAL- DAY 32 - 6/30/11

[Northern Rose]

AmandaOberWESH Amanda Ober
#CaseyAnthony Here's the order from here out: State presents rebuttal case, closing arguments, jury instructed, deliberations, verdict.

http://twitter.com/#!/AmandaOberWESH

[Northern Rose]

 Aphrodite_Jones Aphrodite Jones
#caseyanthony is to blame for Caylee's death -- be it accident or murder. She failed as a mother and as a human being. That IS my opinion.

http://twitter.com/#!/Aphrodite_Jones

[Magic Eyes]

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) 

[Cappuccino]

Good gravy, hubbie calls me smack in the middle of this & tells me the ladies where he works want me to come in to give them 4th of July manicures - I said...ARE YOU OUT OF YOUR MIND Im in the middle of a trial here!!  I wont go beyond that O/T here but Im not leaving this house until I see justice done!!!

Dont they realize you have to be in court???

They call here constantly for updates, Im confuzzled as to their confusion...    Ill go once we have justice gladly.

ASHTON states that one of the witnesses the defense will object to..MIKE VINCENT, about State's exhibit 322 on the cans!!!

[cheeky monkey]

its so funny to me that all the drama that cindy and baez create always comes back to hurt casey.

just wanted to add that i think it is great b/c they are her "protectors" just as she was supposed to be caylee's.  she is getting what she gave.

[Cappuccino]

Aphrodite_Jones Aphrodite Jones
#caseyanthony is to blame for Caylee's death -- be it accident or murder. She failed as a mother and as a human being. That IS my opinion.

http://twitter.com/#!/Aphrodite_Jones

NO accident twit, that is my opinion Aphrodite

[stayhomemommy]

So cincin heard JP say that if she pleads the 5th her entire testimony might get stricken. Wonder what she will do?

Personally, for me striking testimony means nothing.  The jury heard it, they cannot unhear it. 

Thanks Zoo.

[Mere]

Wonder if the compliance officer will be able to show the emails CA sent out that day/afternoon.

[Cappuccino]

ASHTON wants to OPEN THE CANS

[NickandNora]

JA stating jury will want to sniff the evidence...

does he mean the cans?

[cece5300]

Are they bringing in the cans?????????????????????
What if they don't smell?

[sunshine12]

omg is the can coming in?!?!?!?!

[bikerbev]

So if Cindy admits she lies none of her testimony is believable and if she takes the fifth all her testimony will be dismissed.  Hahaha.  It's about time she got caught in her lies.

[Titch]

RichardHornsby Richard Hornsby
Baez said he does not have a computer expert? #CaseyAnthony

http://twitter.com/#!/RichardHornsby

Right, remember when the state gave Baez a backup disk of the home harddrive & laptop? Baez said they told their comp expert he wasn't needed anymore. Bahahaha! I thunk Cindy could be in trouble. I didn't think the Prosecution would go after perjury charges but I do now. It costs alot of money to fly the Gentiva guy in from Atlanta plus to request those records. Since Cindy lied & it can be proven, there will be some kind of penalty bc remember it costs money to try somebody for murder, plus the defendant is indigent, so it's even more money the State of Florida lost. CinCin could ge in some trouble.

Anybody know the full statute & penalty if she's charged? She knowingly gave false testimony.

[trimmonthelake]

http://twitter.com/#!/CFNews13Casey
CFNews13Casey Casey Anthony News13
Looks like we are moving on. State calls OCSO CSI Alina Burroughs. Jury was about to be brought back in... But wait- Ashton says hold up!
1 minute ago

[Tamikosmom]

KBelichWFTV Kathi Belich, WFTV
Judge says if Cindy tries to take fifth the jury might be asked to disregard all Cindy's testimony

http://twitter.com/#!/KBelichWFTV

In that case, yup

AND..I take it Cindy is sitting in the courtroom now listening to all this controversy over her testimony...and getting clues on how the defense wants her to proceed from what Baez and Foghorn say?

 

Good point!

I certainly hope Cindy was not in the courtroom.

Janet.

Oh she was there and then up and walked out with some paper(s) in her hand

Knowing Cindy to go give the Gentiva folks a peice of her mind..she is crystal clear..she has been exposed for the liar and fraud that she is...I hope all her church buddies shun her on Sunday and turn their backs on her. 

George atleast had the guts to get up there and do the right thing...Cindy is done now.

She won't have a friend in the world ..who wants to be friends with a woman that would lie on the stand concerning the death of her grandchild..only a b!tch who had no thought for anyone but herself. 

She doesn't want to save Casey..she wanted to save her reputation and the way the family looked to others..she wanted to justify to the world her crazy actions for the past three years..and she did just that..no doubt in anyone's mind she is a lying b!tch just like her daughter.

 

[KittyMom]

Jeff, says that the jury is going to want to sniff the evidence in the cans!!!!!!!!!!!!!!!!!!1

[Northern Rose]

AmandaOberWESH Amanda Ober
#CaseyAnthony Ashton: "This jury is going to want to sniff the evidence."

http://twitter.com/#!/AmandaOberWESH

[stayhomemommy]

So cincin heard JP say that if she pleads the 5th her entire testimony might get stricken. Wonder what she will do?

Personally, for me striking testimony means nothing.  The jury heard it, they cannot unhear it. 

This is true, but they will also hear that her testimony should be stricken... and that there was good reason for it. She is an unreliable witness.

True. So will CA plead the 5th???? And risk it?

[kkate]

Unleash the can of woop a$$