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Three Hearings Scheduled In Anthony Case

Monday, May 03, 2010 3:27:34 PM
ORLANDO -- The new judge in the Casey Anthony case is not wasting time moving the case along.

Judge Belvin Perry has scheduled three hearings over the next week.

The first one is scheduled for Friday. In that hearing, Perry wants to go over the budget. Since Anthony was declared indigent, and the state is picking up the tab, the judge wants to make sure the expert witnesses won't bust the budget.

The second hearing is scheduled for next Monday. Judge Perry wants to hear about any pending motions that he will be asked to consider.

The third hearing is set for the next day, May 11, to hear motions regarding the death penalty.
http://www.cfnews13.com/News/Local/2010/5/3/three_hearings_scheduled_in_anthony_case.html

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Casey Anthony: Defamation case filed by Zenaida Gonzalez may go to trial next year

Judge told attorneys a new civil trial date may be the first part of next year, which could be before her murder trial.
By Rene Stutzman and Sarah Lundy, Orlando Sentinel

3:22 PM EDT, May 4, 2010

The defamation lawsuit against Casey Anthony will likely go to trial in the early part of next year, a civil judge announced during a brief hearing.

Anthony is being sued in circuit court in Orange County by Zenaida Gonzalez, a Kissimmee woman who accuses Anthony of damaging her reputation.

Anthony told investigators a baby sitter named Zenaida Fernandez-Gonzalez abducted her daughter, 2-year-old Caylee Marie, in 2008.

Anthony is accused of killing her daughter that year. The baby sitter wasn't found and authorities believe she never existed.

The civil trial was initially set for June. However, Anthony's civil attorney, Jonathan Kasen, who was not at today's hearing, and Gonzalez lawyers wanted more time to prepare and requested the trial be postponed.

Orange Circuit Court Judge Jose R. Rodriguez agreed — but warned them the earliest date he could offer is sometime next year.

While Gonzalez's attorneys were hoping for a trial in August, they understand the delay.

"I'm not surprised," said Keith Mitnik, one of Gonzalez's attorneys. "The courts are very busy. It's not an old case."

She filed suit two years ago, saying she was harmed by Anthony's statement about the baby sitter. She is seeking unspecified damages.

The new trial date gives her legal team time to investigate information that Anthony spoke and exchanged letters with another jail inmate, who claims Anthony told her that there was no babysitter named Zenaida.

"They could be bombshells for our case," Mitnik said after the hearing.

At this point, the civil case will likely take place before Anthony's criminal trial, which is scheduled for May 2011.

Anthony, 24, is charged with first-degree murder. The toddler was reported missing in July 2008 and her remains were found in December 2008 a patch of woods not far from Anthony's home.

Anthony is now in the Orange County Jail. The state is seeking the death penalty.

In September, Anthony's attorney, Jonathan Kasen, asked the judge to delay or throw out the civil suit. Anthony shouldn't be placed under oath and required to say whether or not she murdered her child, he argued.

But Gonzalez's attorney later agreed not to ask that question, and Rodriguez ruled that the case should move forward.

http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-zenaida-hearing-20100504,0,1415173,print.story

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Casey's attorneys: keep our spending secret

By Bob Hazen @ May 6, 2010 6:40 AM Permalink | Comments (0)

Casey Anthony's attorneys will use taxpayer money to fund her defense, but they don't want the public to know how it's being spent.

Jose Baez filed a motion this week asking Judge Belvin Perry to seal all invoices and submissions from Anthony's defense team to the Judicial Administration Commission.

Without a seal, the records would be open to public records requests and could appear in news reports. Baez writes that the requests would "lead to endless speculation as to the defense strategy for defending Miss Anthony and could ultimately affect her right to a fair trial."

Anthony was declared indigent, meaning she cannot pay for her own defense and needs public assistance. Her team says the money would be used for experts, not for attorney's fees.

Anthony is accused of murdering her daughter Caylee, whose body was found in woods near the family's home in December 2008.

Judge Perry will hold a hearing on how much public money the defense will need for the case. WDBO will be covering the court hearing, and streaming it live on WDBO.COM.
http://wdbo.com/localnews/2010/05/caseys-attorneys-keep-our-spen.html

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http://www.wftv.com/news/23465730/detail.html
Judge Won't Seal Casey's Defense Spending Records
Posted: 4:37 pm EDT May 5, 2010Updated: 12:22 pm EDT May 6, 2010
ORANGE COUNTY, Fla. -- At a hearing Thursday, Casey Anthony's attorneys asked Judge Belvin Perry to prevent the public from seeing how much tax money they're spending on Casey's defense, but the defense request was denied.

A judge has already declared Casey indigent, who is accused of killing her young daughter Caylee, so taxpayers will now pick up the tab for her expenses. Her attorneys wanted all of the information, which would normally be public, kept secret.
Casey Anthony walked into the courtroom around 8:50am, wearing a frilly, short-sleeve, white button down shirt with blue stripes and with her hair pulled back in a bun (images  | raw video). She sat alone at the defense table and waited for her attorneys to arrive. Jose Baez walked into the courtroom around 8:55am and took a seat next to Casey.

“First matter is a budget hearing. There’s also been notice for the date the defense request for the state to file written responses to defendant’s motions,” Judge Belvin Perry said in court as the hearing got underway.

Baez than asked for them to first discuss the motion to seal all Justice Administration Commission (JAC) documents (read it). The JAC is the body that will set forth the defense team's spending, because Casey is considered indigent and taxes will pay for much of her defense. Baez says the defense doesn't want to reveal who their expert witnesses are out of fear it will disclose their court strategy and didn't want to release the amount they're spending.

When Casey was first arrested, she had no money that was legitimately earned; she couldn't even pay Baez's $5,000 retainer. But, instead of opting for a public defender back then, only two months after Caylee had disappeared, Casey sold all of her own videos and photos of Caylee to ABC for $200,000 and two of her attorneys, one of whom has since left the case, raised another $140,000. That money is gone now and taxpayers have no idea where all of it went.
Judge Perry agreed to begin with the motion to seal the records and gave Baez an opportunity to speak first.

Baez argued that the media, "leeches" and "pseudo news media" are most interested in having access to the documents but, while there's a public right to know, it could damage her right to a fair trial. In its motion, the defense wrote, "Documents and requests for funding will lead to endless speculation as to the defense strategy for defending Miss Anthony and could ultimately affect her right to a fair trial."

“Quite frankly, the Orlando Sentinel is going to have to find another way to sell newspapers,” Baez told Judge Perry on Thursday.

Baez made further arguments to support the defense motion and then Judge Perry responded by pointing out Florida Statute 119 (read statute), which deals with access to public records.

“One more question, Mr. Baez, before you take your seat. The JAC is a state agency,” Judge Perry said. “Are there any particular statutory exceptions under [statute] 119 that you’re relying on or are you just relying on what you just told me?”

“I’m relying on my previous arguments,” Baez said.

Judge Perry thanked Baez and then called the Orlando Sentinel's attorney, who is arguing against the motion and wants access to the records, to speak.

“The request is just too broad,” attorney Rachel Fugate, with the Orlando Sentinel, argued. "At this point, I think it’s premature and it’s simply too broad."
An attorney for the JAC also spoke, briefly, but took no specific stand on the actual request and instead pointed out that the JAC does have to comply with Statute 119, unless a judge orders otherwise, and that sealing the records does put an administrative burden on their agency.

The state declined to speak on the matter, saying that they have no stand on the issue, and Judge Perry gave Baez an opportunity to respond to the arguments made.

“I disagree with Ms. Fugate where the public should know, should know what’s going on in the inner workings of the defense,” Baez argued. “It’s not the Sentinel’s life that’s on the line, it’s Casey Antony’s.”

Baez continued: “As to the JAC’s arguments, I would argue they don’t have standing to make an objection. This is a state agency and they will do what your honor orders."

Baez said that having the records sealed should actually reduce the burden on the JAC, suggesting that they wouldn't have to deal with all the media requests for documents if they weren't available.

"So the argument that this is an administrative burden falls on its face," Baez said.

After speaking briefly on the rules governing the release of such documents, Judge Perry quickly responded with his decision on the defense request.
“The court finds that the defense, at this time, has not met its burden to show that a serious and imminent threat to a fair, impartial trial has been met," Judge Perry said.

Judge Perry, though, did offer some flexibility and suggested that there could be some JAC documents that are sealed.

“Basically, we’ll have to do this on a case by case basis, or expert by expert basis,” Judge Perry said and quickly moved the hearing forward. “That takes care of the issue of the motion to seal. I guess the next thing to take care of is setting a budget.”

Baez began the budget discussion with Dr. Henry Lee, one of the forensic experts the defense has used throughout the case. However, Dr. Lee is out of state, something the defense filed a motion to seek coverage for despite the JAC's hesitation to pay for out of state witnesses (read it).

Baez argued for Dr. Lee's future costs to be covered by the JAC, but the JAC argued that it doesn't support the use of out of state experts because of the increased cost. Baez was then invited to speak again, laying out the amount of work Dr. Lee had already done for the case, including inspecting Casey's car, inspecting the site where Caylee's remains were found, as well as inspecting the crime scene analyst photographs and much of the discovery.
"While the JAC has this rule to encourage people to use instate experts, in this case the work Dr. Lee has done can't be replicated by anyone at this late state in the trial," Judge Perry said, authorizing the defense to continue to use Dr. Lee as an expert in their case.

Judge Perry also approved the defense's use of an out of state mitigation expert, but was clear that that expert and Dr. Lee are bound by the rates set by the JAC.

The JAC then asked the judge to set a spending cap on investigation spending. When asked by the judge what they suggested, the JAC suggested 30-50 hours, but Judge Perry immediately said that wouldn't be enough and, after discussion, allowed for 300 hours, despite Baez's request for 480 hours.

After a lengthy debate over the other experts the defense wants to continue using, but doesn't want to disclose in open court, Judge Perry asked for them to do a little more work before any further discussion.

“We’re going to be in recess until 10:45am,” Judge Perry said.

The judge wants to go over the defense list of experts one by one with the JAC and the defense to decide on what will be allowed and learn how much work they’ve already done.
Casey Anthony returned to the court room at 10:43am and the hearing quickly resumed as all parties involved began discussing the many experts the defense wants permission to use, despite them being out of state.

Judge Perry granted the defense request to use the following experts: forensic entomologist, anthropologist, forensic botanist, forensic pathologist, digital forensics expert, a DNA expert, two forensic chemist experts and a canine expert (up to 20 hours of work). Judge Perry was very specific that each approved expert must stick by the guidelines set forth by the JAC. He also granted up to $3,500 for public records requests.

However, Judge Perry denied without prejudice (meaning the defense can file a motion for a hearing) a taphonomy expert, a cell phone expert, and money to purchase two Pontiac Sunfires (approx $6,000) for testing. He also denied with prejudice (meaning it won't be heard again) the defense request for a jury consultant.

Around 12:05pm, the judge and Jose Baez went behind closed doors to discuss the remaining experts and requests Baez has that he doesn't want disclosed publicly or to the prosecution. They emerged less than 10 minutes later.

“Miss Anthony has requested to waive her appearances at these type of things,” Mason told the judge as the hearing was coming to a close. “She’s rather stay where she is.”

The judge, however, said that in death penalty cases things could come up where she may be needed for a response.
“It has been my experience that, in capital cases, that defendants need to be present during the preceding,” Judge Perry said. “If Ms. Anthony is found guilty of anything, it will lead to a post conviction relief proceedings, maybe ... and it always gets back to ‘my lawyer didn’t tell me this’ and ‘if I would have been there I would have done A, B, C, D.’”

Judge Perry, however, did say she did not have to attend status hearings that simply check on the progress on the case, but don’t argue motions.

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http://www.wftv.com/news/23465730/detail.html
05/06/10
Casey In Court: http://www.wftv.com/slideshow/news/23472968/detail.html
Raw Video: http://www.wftv.com/video/23473636/index.html
Images: Baez,Judge ,and others in court  http://www.wftv.com/slideshow/news/23473280/detail.html
Motions: Seal Spending  http://www.wftv.com/pdf/23461773/detail.html
             Pay For Experts  http://www.wftv.com/pdf/23461818/detail.html
Video Report: Defense wants spending Sealed  http://www.wftv.com/video/23467388/index.html

  Thanks Trim and everyone for so many reports and links that I steal from Caylee's thread to post in here, lol. 

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05/06/10 HEARING:      http://www.wftv.com/news/23465730/detail.html

Part 1  http://www.wftv.com/video/23473853/index.html
Part 2  http://www.wftv.com/video/23474395/index.html
Part 3  http://www.wftv.com/video/23474629/index.html
Part 4  http://www.wftv.com/video/23475319/index.html
Part 5  http://www.wftv.com/video/23475771/index.html
Part 6  http://www.wftv.com/video/23476081/index.html

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Motion To Reconsider Strickland Rulings

http://www.wftv.com/pdf/23477589/detail.html

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Key hearings this week in Anthony trial

by james on 09. May, 2010 in news
Casey Anthony is back in court this week for crucial hearings that could determine whether she will face the death penalty, where her murder trial will be held next year and what evidence the jury will hear.

Anthony, 24, is accused of killing her daughter, Caylee, who was 2 when she disappeared in June 2008. Caylee’s body was found that December in a vacant lot near the Orlando, Florida, home where she lived with her grandparents.

At this week’s hearings, Anthony’s defense attorneys will try to convince the judge to take the death penalty off the table. The defense team also is trying to keep some evidence it considers “gossip” away from the jury. And, the defense has asked to move the case to an area of Florida where there has been less publicity.

Rulings made on a tall stack of pretrial motions will likely have a significant impact on the trial, which is scheduled to begin on May 9, 2011. They will be decided by a judge who is a newcomer to the case.

Chief Justice Belvin Perry Jr. replaced Circuit Judge Stan Strickland last month when Strickland took himself off the case after the defense claimed he had improper communications with blogger “Marinade Dave.”

“Miss Anthony cannot get a fair trial by an impartial jury in Orlando because of extensive, inflammatory, and prejudicial pretrial publicity in this case,” the defense argues in court papers seeking a change of venue.

Other trial locations suggested by the defense include Miami’s Dade County, Palm Beach County or Broward County. But during his first hearing in the case, Perry said the defense doesn’t get to select the trial location.

Under Florida’s open records law, prosecutors have released tens of thousands of pages of witness statements, forensic reports and computer and cell phone records gathered by police. Evidence includes dozens of photos of Anthony and her friends partying, text messages, 911 calls, witness statements to police and Anthony’s letters and notes to fellow inmates at the Orange County Jail.

Aside from the regular release of documents, prosecutors have not tipped their hand. They do not comment to the media and they have not filed responses to any of the defense motions. But the hearings are expected to shed some light on how the prosecution’s case is being built.

Meanwhile, the defense team led by Orlando attorney Jose Baez is fighting hard to keep the “party photos” out of the case, saying they are prejudicial and prove little.

The photos show Anthony at a nightclub and a residence in the Orlando area, dancing and drinking with friends. Automated dates on the images show only two were taken after the date Caylee disappeared.

Investigators retrieved the photos during a search of Anthony’s computer. “The media has used multiple photos of Miss Anthony in order to vilify her and portray her as a ‘party girl’ whose lifestyle somehow indicates responsibility for her daughter’s death,” the defense says in its court papers.

In a related motion, the defense asks to exclude from the trial “hearsay evidence, gossip and innuendo.” The defense specifically mentions television interviews potential witnesses have given since Anthony was arrested, as well as their sworn statements to law enforcement.

Both, they say, include gossip about Anthony that if allowed would prejudice the jury and violate her right to a fair trial.

The defense also is seeking to keep out of trial the 911 call Anthony’s mother, Cindy Anthony, made on July 15, 2008, reporting Caylee missing, calling it “hearsay.”

During the call Cindy Anthony screams that her daughter’s car smells like a corpse.

Prosecutors usually argue under such circumstances that the law allows the jury to hear an “excited utterance.” It is an exception to the hearsay rule, and it is allowed as evidence at trials because the statement can be considered spontaneous and therefore trustworthy.

Cindy Anthony was referring to the family’s car. Evidence released so far indicates prosecutors are likely to argue that it was last driven by Casey Anthony and abandoned two weeks after Caylee was last seen alive.

Several legal motions challenging the death penalty allege that prosecutors are acting in bad faith.

One contends that prosecutors are seeking death against Anthony because she is a woman. The defense argues that focusing on Anthony’s lifestyle before she was arrested is gender bias. The defense maintains that Anthony is facing more serious charges and harsher punishment than a man in the same position would receive.

“Women who are accused of violent crimes are tried not only for the facts of the crime, but also for their non-conformity with traditional gender expectations,” the defense argues in its court papers.

The defense also alleges that prosecutors had sought the death penalty to bankrupt the defense and prevent Anthony from having the attorney of her choice.

The defense maintains that prosecutors had originally said they would not seek death in this case but reversed that position in March 2009 when they learned that Anthony had $205,000 for her defense.

The bulk of the money came from ABC News for the licensing of photos and videos, Baez testified during a previous hearing.

“The court has the authority to bar the death penalty where the prosecution exercises its discretion in bad faith, for impermissible motives and in order to prevent the defendant from exercising her constitutional rights,” the defense argued in court papers.

The two-day hearing begins Monday. The first arguments will focus on non-death penalty issues. Tuesday’s hearing will put the death penalty front and center.

http://news.gnom.es/news/key-hearings-this-week-in-anthony-trial

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Future Status Hearings

http://myclerk.myorangeclerk.com/CaseDetail.aspx?CaseID=6236234
05/10/2010           Hearing  (9:00 AM) (Judicial Officer Perry, Belvin, JR)
Motions
05/11/2010           Hearing  (9:00 AM) (Judicial Officer Perry, Belvin, JR)
Pending Motions on Death Penalty
06/21/2010           Status Hearing  (1:30 PM) (Judicial Officer Perry, Belvin, JR)
07/20/2010           Status Hearing  (1:30 PM) (Judicial Officer Perry, Belvin, JR)
08/30/2010           Status Hearing  (1:30 PM) (Judicial Officer Perry, Belvin, JR)
09/27/2010           Status Hearing  (1:30 PM) (Judicial Officer Perry, Belvin, JR)
10/29/2010           Status Hearing  (1:30 PM) (Judicial Officer Perry, Belvin, JR)

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

Updated: 11:57 am EDT May 10, 2010

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tuesday, the judge will hear the defense arguments against Florida's death penalty and why Casey in particular should not face the death penalty if found guilty for the murder of her daughter Caylee.
http://www.wftv.com/news/23503932/detail.html

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Judge: Death penalty not sexist in Anthony caseBy Jean Casarez, In Session
April 7, 2010 1:01 p.m.
http://www.cnn.com/2010/CRIME/05/11/florida.casey.anthony.death/?hpt=Sbin
Casey Anthony will face the death penalty, a Florida judge ruled, rejecting defense arguments that capital punishment in her murder case was sexist and unduly harsh.

Judge Belvin Perry Jr. also rejected defense arguments that prosecutors were seeking the death penalty as a means to bankrupt Anthony's defense.

The judge did grant one defense request -- that prosecutors disclose evidence supporting the aggravating factors they intend to cite if Anthony is convicted of premeditated murder and they ask jurors to return a death sentence.

In death penalty cases, jurors are asked to weigh aggravating circumstances that make a crime especially heinous against mitigating factors that favor the defendant, such as a lack of prior offenses.

snipped
The defense maintains that prosecutors had originally said they would not seek death in the Anthony case but reversed that position in March 2009 when they learned that Anthony had $205,000 for her defense.

The bulk of the money came from ABC News for the licensing of photos and videos, Baez testified during a previous hearing.

"The court has the authority to bar the death penalty where the prosecution exercises its discretion in bad faith, for impermissible motives and in order to prevent the defendant from exercising her constitutional rights," the defense argued in court papers.

Judge Perry denied the motion, saying that judges are prohibited under Florida law from interfering with the state's decision to seek death. Although one exception includes circumstances in which bad faith can be documented, Perry said Anthony's defense had not proven bad faith.

The defense also argued that prosecutors sought the death penalty against Anthony because she is a woman, and that focusing on Anthony's lifestyle before she was arrested is gender bias.

Defense witness Elizabeth Rapaport, a University of New Mexico law professor and author, testified that the lifestyles of white middle-class mothers charged with killing their children receive much more media attention than those of defendants in other cases.

Under questioning by Anthony attorney Andrea Lyon, a nationally know death penalty expert, Rapaport said a mother perceived as "deviant" by a jury has a more difficult time defending herself.

Anthony teared up when Lyon noted in court that that despite her client's "party girl" reputation in the media, most of the witnesses have acknowledged that "Caylee was happy and healthy."

"Do you have any evidence that there is gender bias in this case?" prosecutor Jeff Ashton asked Rapaport in cross-examination. The witness responded that she didn't know much about this case and had only read a few press reports.

The defense argued that Anthony is facing more serious charges and harsher punishment than a man in the same position would receive.

Responding to Ashton's questions, Rapaport said that that men who kill their children usually are acting in a rage.

Women, Ashton argued, tend to premeditate a child's killing and have underlying psychological issues. Cases in which women kill without evidence of psychological disturbance are rare, he added.

"In my 30 years" as a prosecutor, Ashton said, "this is the first time we have had the evidence for the jury to determine if death is the appropriate penalty."

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http://www.cfnews13.com/News/Local/2010/5/11/will_casey_face_death_penalty.html
 Casey Still Faces Death Penalty
Tuesday, May 11, 2010 12:14:31 PM
Reported by Jacqueline Fell and Mark Jenkins

ORLANDO -- In the Case Against Casey Anthony, Judge Belvin Perry is allowing the state to seek the death penalty.

The following motions were submitted by the defense on April 19. Perry denied them at Tuesday's hearing.

    * Motion to preclude the state's impermissible, gender biase, request for imposition of the death penalty  http://www.cfnews13.com/uploadedFiles/Stories/Local/Motion%20to%20Preclude%20the%20State%27s%20Impermissible%20Gender%20Biased%20Request%20for%20Imposition%20of%20the%20Death%20Penalty.pdf
    * Second motion to preclude death procedures for impermissible prosecutorial motives
http://cfnews13.com/uploadedFiles/Stories/Local/Second%20Motion%20to%20Preclude%20Death%20Procedures%20for%20Impermissible%20Prosecutorial%20Motives.pdf

The defense fought the decision in court, but Perry ultimately upheld the initial decision.

Anthony broke down into tears in court when defense attorneys mentioned her daughter's name.

The defense said just because Anthony had a promiscuous lifestyle doesn't mean Caylee wasn't well taken care of.

The defense set out to prove the state wanted the death penalty because it has a gender bias.
Defense called to Elizabeth Rapaport, a law professor from the University of New Mexico, to the stand during the hearing. Rapaport studies cases of gender and capital punishment, saying women who lead deviant lifestyles are at a disadvantage.

"Deviant mother is in trouble.  If that woman defendant was deviant, she's likely to get tagged for it and very difficult to defend successfully," Rapaport said.

Prosecutors said this case was different because Anthony doesn't have a disorder.

The defense may have played the gender card because they didn't know why the state wanted the death penalty.

Prosecutors initially said they wouldn't see it, but later changed their minds saying aggravating factors came to light.

However, the defense said the state wouldn't share those factors. Perry stepped in and gave the state 10 days to list what those aggravating factors are.

We could soon learn more about the case the state will bring against Anthony before the trial begins May 9, 2011.

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RAW INTERVIEW: Jose Baez Talks After 05/11/10 Hearing

Casey Anthony's attorney talked to the media after a death penalty hearing. (05/11/10)
http://www.wftv.com/video/23521889/index.html
still disputing duct tape issue

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  Trimmy....thanks for everything

Prime Time News/Issues With Jane Velez Mitchell 05/11/10
http://www.youtube.com/user/Sierra1947

Issues With Jane Velez Mitchell
Transcripts 05/11/10
http://transcripts.cnn.com/TRANSCRIPTS/1005/11/ijvm.01.html

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Published May 14, 2010 by:
Saul Relative

Florida State Prosecutors List Reasons Why Casey Anthony Should Receive Death Penalty

Florida state prosecutors went before Judge Belvin Perry Jr. Thursday in Orlando to submit reasons why the state should be allowed to proceed with the death penalty phase of the trial pending against Casey Anthony, who is charged with the murder of her 2-year-old daughter. The state was required to raise only one of 15 possible "aggravating" factors associated with the death of Caylee Anthony to support their case against Casey Anthony. Instead, they raised five.

In court documents obtained by several media outlets, including WESH in Orlando, prosecutors argued that Caylee Anthony's death occurred during aggravated child abuse and was especially "heinous, atrocious, or cruel." Prosecutors also noted that Casey Anthony committed the murder in a "cold, calculated and premeditated manner without any pretense of moral or legal justification."

Under Florida law, jurors in a death penalty case, which is a separate proceeding that takes place after a trial has reached a conviction judgment, have to weigh factors of aggravating circumstances, such as the heinousness of an act, against mitigating factors that would allow for mercy, such as the absence of a criminal record.

Another aggravating circumstance presented by Assistant State Attorney Jeffrey Ashton was that Casey Anthony "stood in a position of familial or custodial authority over her." Under Florida law, a victim being under the age of 12 is considered an aggravating factor and was so listed.

The list of aggravating circumstances presented by the State's Attorney's Office came in response to an order issued by Judge Perry at a previous hearing for the prosecution to cite the reasons behind seeking the death penalty.

Casey Anthony's defense team had argued that prosecutors were seeking the death penalty simply to bankrupt the defense and only put the death penalty back into play (the State's Attorney's Office had dropped the death penalty earlier in the case but reintroduced it after Caylee Anthony's remains were found in December 2008) when they discovered that Casey Anthony had over $200,000 in her defense fund (mostly received from a sale of rights to Casey Anthony pictures and videos to ABC News).

The defense also argued that the prosecution had no grounds for labeling the alleged act of murder "heinous" due to the fact that the circumstances of Caylee Anthony's death were undetermined, as noted by the final medical examiner's report.

The Casey Anthony case has now dragged on since October 2008 when the then 22-year-old was charged with the murder of her daughter. Circumstances of Caylee Anthony's case remain a mystery, including the reasons behind the month-long interval between the last time Caylee Anthony was last seen and the July 911 call made by Casey's mother, Cindy, in mid-July 2008. Casey Anthony maintains that her daughter was kidnapped by her babysitter and that fear for the child's life kept her from taking the case to the proper authorities.

Casey Anthony's trial is set for May 9, 2011.

http://www.associatedcontent.com/article/3002398/the_reasons_why_casey_anthony_should.html

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Casey Anthony case: Today is deadline for witness-interview schedule
Attorneys on both sides must file schedule of interviews by today.
May 17, 2010


Today marked the judge-imposed deadline for scheduling witness interviews in the murder case against Casey Anthony.

So far, prosecutors are asking for more time to schedule depositions — questioning under oath — for some defense witnesses.

Assistant State Attorney Linda Drane Burdick filed today court papers, saying many of the defense expert witnesses haven't finished their work yet and attorneys for other defense witnesses aren't cooperating.

Anthony, 24, is charged with first-degree murder in the death of her daughter, Caylee. The 2-year-old was reported missing in July 2008 and her remains were recovered five months later in woods near her family home.

Her defense team claims someone other than Anthony placed the girl's body in the woods. They have not identified who or when that occurred.

There are hundreds of witnesses involved in the case. Earlier this month, Orange-Osceola Judge Belvin Perry ordered the attorneys on both sides to schedule the remaining depositions — more than 50 witnesses.

For defense expert witnesses, Burdick wrote in the two-page motion that the state asks permission to file a schedule within 10 days after the witnesses finish their work or by the end of November.

She also writes that the state has tried to set up interviews but have had no luck with defense witnesses related to Roy Kronk, the former meter reader who found Caylee's remains on Dec. 11, 2008.

It's unclear if the defense has filed its deposition schedule today.

In other Anthony news, Perry outlined a schedule for the ten pending motions related to the death penalty.

He will address issues about jury instructions before the jury begins to deliberate. Perry also ordered the state to respond to five defense motions related to whether the death penalty is unconstitutional. http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-witness-interviews-20100517,0,4464372.story

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http://www.wesh.com/news/23582472/detail.html
Anthony Defense Ready To Spend Public Money
Judge Issues Order On 10 Death Penalty Challenges

POSTED: 4:02 pm EDT May 17, 2010
UPDATED: 4:36 pm EDT May 17, 2010
ORLANDO, Fla. --
Casey Anthony's defense team wants to start spending public money on the case, and Judge Belvin Perry issued an order on Monday regarding 10 death penalty challenges on which he has yet to rule.

Defense attorney Jose Baez is asking for transcripts from eight witness depositions, which could cost thousands of dollars.

Just days after Casey Anthony's defense received the go-ahead from Perry to start spending state money for defense costs. Baez has asked Perry to order the state's Justice Administrative Commission to produce and pay for eight witness transcripts from recent depositions.

"Usually the judge will OK one or two, but once you start getting into the 10s or 20s, the judge is going to ask a lot of questions," defense attorney Richard Hornsby said.

Hornsby has gone through the same process with the JAC. He said a 90-page transcript can cost around $500 to produce.
"These are definitely big-ticket items in any criminal case, and in this one, with the amount of witnesses, the costs could become astronomical," Hornsby said.

Also on Monday, Perry ordered both sides to file written arguments on seven of 10 pending death penalty challenges filed by Anthony's defense.

Hornsby said Perry wants both sides to state their positions in writing if this critical part of the case is ever considered by the high courts on appeal.

"I think it's important that both sides are able to give their accounts, so that there can be no issue on appeal about whether or not this was waived or this wasn't waived," Hornsby said.

Perry ordered prosecutors to file their written responses by June 16 and defense responses by June 28. He'll rule after the responses are received.

Perry indefinitely postponed ruling on the final three death penalty motions because they deal with jury instructions and verdicts.

Video  http://www.wesh.com/video/23582596/index.html

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http://www.wftv.com/news/23583153/detail.html
Casey's Defense Turns In Deposition Schedule
Posted: 4:51 pm EDT May 17, 2010
ORANGE COUNTY, Fla. -- WFTV obtained Casey Anthony’s defense team's deposition schedule (read it) for the case.
Chief Judge Belvin Perry required both the defense and prosecution to turn in a detailed list of their remaining interviews to the court by Monday.

The defense list has more than 40 witnesses including FBI agents, Casey's friends and family members and members of the Orange County Sheriff's Office.

Also, the prosecution filed a motion Monday to say they could not meet the deadline (read it), because the defense had not given them the list in time. They are requesting a 10-day extension.

Judge Perry also filed an order Monday regarding 10 pending death penalty motions (read it). He is requiring the state to file a written response to those motions by June 16.

The defense must submit their replies by June 28.
Deposition Schedule  http://www.wftv.com/pdf/23583181/detail.html
Extension Request    http://www.wftv.com/pdf/23578842/detail.html
Judge's Order           http://www.wftv.com/pdf/23578842/detail.html

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http://www.clickorlando.com/news/23752154/detail.html
Judge To Reconsider Death Penalty In Anthony Case
Casey Anthony Charged With Murder In Death Of Daughter

POSTED: Tuesday, June 1, 2010
UPDATED: 6:40 am EDT June 1, 2010
ORLANDO, Fla. -- Casey Anthony's defense will have several motions reconsidered by Judge Belvin Perry, including whether or not the death penalty is appropriate in this case.

Judge Belvin Perry will reconsider four different motions Tuesday afternoon, including a request made by Anthony's defense team to throw out the death penalty.

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

Last month, the prosecution revealed the reasons they say Anthony should be put to death if she's convicted, including that the murder was committed during another crime -- aggravated child abuse. The state will also argue Caylee's murder was especially heinous or cruel.

Meanwhile, Anthony's defense team wanted the state to turn over forensic documents, including results on tests performed on evidence, but the state told the judge they didn't have the results. Other motions that will be addressed Tuesday include the use of certain forensic evidence.
Court officials told Local 6 the defense team is also asking the court to seal jail visitation logs.
Anthony has pleaded not guilty, claiming that she left Caylee with a baby sitter and the two were gone when she returned to pick up her daughter.

Tuesday's hearing is scheduled to start at 2 p.m. at the Orange County Courthouse and it will be streamed live on ClickOrlando.com.