Caylee Marie Anthony # 147 9/13/09 - 9/30/09

[Cappuccino]

Hmmm...curious contemplation here


We all know that news outlets have argued that they do not have to give up their source BUT am wondering if in a criminal case whether the State can subpoena network/publication executives to provide testimony,  documentation/proof of payment ("licensing" or otherwise) involving parties in the case

[Scatty]

I snipped this Paul Hornsby quote from Trimm's post:
 
"I'm not convinced Baez would be able to get this evidence excluded if it was destroyed in the process of trying to get a fingerprint," he said. "That is excusable conduct on the part of the state."

That's why I think that a photo of the sticker mark (and I'm sure it doesn't have to come from the JUST the FBI) will suffice. Also, as evidence goes, I don't think that sticker mark was any guarantee of a slamdunk for the prosecution. It's fairly weak compared to what they probably DO have.

[trimmonthelake]

http://www.clickorlando.com/news/21104174/detail.html
Docs Show Caylee Evidence Destroyed
Fingerprint Test Apparently Destroyed Evidence Of Heart Sticker On Duct Tape
Tony Pipitone

POSTED: Thursday, September 24, 2009
UPDATED: 5:16 pm EDT September 25, 2009
<snipped>
The disclosure that potential evidence was destroyed comes in a document turned over to the defense but not yet released by the Orange-Osceola State Attorney's Office, which has made public 8,000 pages of discovery in the criminal case.

Page 9316 of the discovery, obtained by Local 6 before its official release, is a handwritten FBI Laboratory Activity and Communication Log. In it, FBI lab request coordinator Erin P. Martin makes notes of conversations between FBI agents in the field and the lab in Quantico, Va.

On Dec. 13, two days after the body was found, she describes how Elizabeth K. Fontaine, a forensic examiner in the lab's latent print operations unit, noticed "a heart shape/outline" on the duct tape, but was "unable to see it after powder process." That process is used to lift any fingerprints from materials. No such prints were found on the tape, according to previously released FBI lab reports.

But the presence of a heart shape on the tape begs an obvious question: Did the FBI lab photograph the outline of the heart before it was apparently obliterated by the powder process?

Martin answers the question with her next notation: "No photo of image."

But agents assisting the sheriff's office at the crime scene were clearly intrigued.
Two days later, on Dec. 15, 2008, Martin logs a call from an FBI evidence response team agent working in Orlando: "Agent wanted to know if TEU (the lab's trace evidence unit) saw anything on tape." Martin apparently checks and writes next: "Per TEU: No, didn't see any heart-shaped item."

She then checks again with the latent print unit and writes: "Shape/outline was … near end on non-adh(esive) side."

And that's the last mention of the heart shape in the five-page FBI communication log, which ends on Dec. 22, 2008.

While a jury will apparently never see the image that Fontaine reported seeing, prosecutors could seek to introduce testimony at trial about the shape or outline of a heart on the duct tape.

Former prosecutor Elizabeth Rahter told Local 6 that evidence of the heart on the duct tape could be a big help to a prosecutor trying to implicate a mother in the death of a child.

“Obviously, it's somebody who felt some love or remorse or wanted to give some sign of not just brutality,” she said of the killer, adding the heart may have been a signal that “I killed you, but I'm sorry. I killed you but, I love you anyway."

She said any mistakes by crime labs can raise doubts in jurors’ minds, if they are conditioned to the open-and-shut crime cases seen on shows like CSI.

“Obviously, you always have that human element. So I'm sure she did not intentionally say, 'I'm going to destroy this,'" Rahter said. “And she probably thought it was going to come out better when she started applying the powder used to lift fingerprints."
But, Rahter added, all is not lost for the prosecution, because Fontaine could still testify about what she saw.

“Everybody's a witness, right? So they're either a witness because they've seen something or they know something or they heard something,” Rahter said. “So this person is a person who saw something, so she'll have to testify to it.”

The warrant shows investigators clearly tried to tie any heart stickers found in the Anthony home to the reported shape on the duct tape and another heart sticker found in the woods near Caylee's body. The warrant notes "in the search area investigators located a small heart-shaped sticker similar in size to the residue found on the duct tape."

But the sticker found in the woods was 30 to 40 feet away from where Caylee's skull was found, and it was affixed to cardboard. Also, Local 6 compared it to the heart stickers and sticker sheets found in the Anthony home and found it was not an exact match to any of those photographed and released so far in discovery to the public.

Local 6 left a message with FBI fingerprint analyst Fontaine, asking why she did not take a photo of the image before conducting the powder test that apparently destroyed any trace of it. The phone call has not been returned.

[Scatty]

I snipped this Paul Hornsby quote from Trimm's post:
 
"I'm not convinced Baez would be able to get this evidence excluded if it was destroyed in the process of trying to get a fingerprint," he said. "That is excusable conduct on the part of the state."

That's why I think that a photo of the sticker mark (and I'm sure it doesn't have to come from the JUST the FBI) will suffice. Also, as evidence goes, I don't think that sticker mark was any guarantee of a slamdunk for the prosecution. It's fairly weak compared to what they probably DO have.

Er, sorry, I meant Richard Hornsby. Paul Hornsby was a character from General Hospital.

[trimmonthelake]

I snipped this Paul Hornsby quote from Trimm's post:
 
"I'm not convinced Baez would be able to get this evidence excluded if it was destroyed in the process of trying to get a fingerprint," he said. "That is excusable conduct on the part of the state."

That's why I think that a photo of the sticker mark (and I'm sure it doesn't have to come from the JUST the FBI) will suffice. Also, as evidence goes, I don't think that sticker mark was any guarantee of a slamdunk for the prosecution. It's fairly weak compared to what they probably DO have.

Er, sorry, I meant Richard Hornsby. Paul Hornsby was a character from General Hospital.

I knew what you meant.   

[Scatty]

Hmmm...curious contemplation here


We all know that news outlets have argued that they do not have to give up their source BUT am wondering if in a criminal case whether the State can subpoena network/publication executives to provide testimony,  documentation/proof of payment ("licensing" or otherwise) involving parties in the case

Heh-heh. That would be quite lovely.
 

[Fanny Mae]

YOU ARE MY SUNSHINE, MY ONLY SUNSHINE.

[Gizzie]

http://www.clickorlando.com/news/21104174/detail.html
Docs Show Caylee Evidence Destroyed
Fingerprint Test Apparently Destroyed Evidence Of Heart Sticker On Duct Tape
Tony Pipitone

POSTED: Thursday, September 24, 2009
UPDATED: 5:16 pm EDT September 25, 2009
<snipped>
The disclosure that potential evidence was destroyed comes in a document turned over to the defense but not yet released by the Orange-Osceola State Attorney's Office, which has made public 8,000 pages of discovery in the criminal case.

Page 9316 of the discovery, obtained by Local 6 before its official release, is a handwritten FBI Laboratory Activity and Communication Log. In it, FBI lab request coordinator Erin P. Martin makes notes of conversations between FBI agents in the field and the lab in Quantico, Va.

On Dec. 13, two days after the body was found, she describes how Elizabeth K. Fontaine, a forensic examiner in the lab's latent print operations unit, noticed "a heart shape/outline" on the duct tape, but was "unable to see it after powder process." That process is used to lift any fingerprints from materials. No such prints were found on the tape, according to previously released FBI lab reports.

But the presence of a heart shape on the tape begs an obvious question: Did the FBI lab photograph the outline of the heart before it was apparently obliterated by the powder process?

Martin answers the question with her next notation: "No photo of image."

But agents assisting the sheriff's office at the crime scene were clearly intrigued.
Two days later, on Dec. 15, 2008, Martin logs a call from an FBI evidence response team agent working in Orlando: "Agent wanted to know if TEU (the lab's trace evidence unit) saw anything on tape." Martin apparently checks and writes next: "Per TEU: No, didn't see any heart-shaped item."

She then checks again with the latent print unit and writes: "Shape/outline was … near end on non-adh(esive) side."

And that's the last mention of the heart shape in the five-page FBI communication log, which ends on Dec. 22, 2008.

*snipped

Since this hasn't been officially released by the SA, is it possible there are follow up notes taken after this Dec 22nd date, and it just wasn't in the report yet? Or would this be a final report? TIA

[Gypsy DD]

http://www.clickorlando.com/news/21104174/detail.html
Docs Show Caylee Evidence Destroyed
Fingerprint Test Apparently Destroyed Evidence Of Heart Sticker On Duct Tape
Tony Pipitone

POSTED: Thursday, September 24, 2009
UPDATED: 12:10 pm EDT September 25, 2009
[Caylee Marie Anthony.]
Caylee Marie Anthony.
ORLANDO, Fla. -- It was one of the most jaw-dropping, heart-rending disclosures in the case against accused child killer Casey Anthony: that someone intentionally placed a heart-shaped sticker on the duct tape that was wrapped around her daughter Caylee's skull.
The claim was based on a fingerprint examiner at the Federal Bureau of Investigation laboratory reporting that she saw the shape or outline of a heart on the duct tape.

But Local 6 has learned no one else will ever see what that examiner saw because all traces of it were destroyed by testing at the FBI lab.

The Orange County Sheriff's Office cited that report in obtaining a search warrant for arts and crafts materials in the Anthony family home, swearing the FBI lab "noticed residue in the perfect shape of a heart. The heart was not hand drawn and residue appeared to be consistent with the adhesive side of a heart shaped sticker. It appears the sticker was put on the tape intentionally."

The search warrant was approved, and detectives recovered dozens of heart stickers and the empty backings for heart stickers from the Anthony home during the search on Dec. 20, 2008, nine days after Caylee's body was found dumped in nearby woods.

But Local 6 has obtained a report from the FBI laboratory that reveals all traces of such a shape on the duct tape were destroyed by the FBI lab during a fingerprint-testing process and no photograph of the outline of a heart was taken by the FBI before all traces of it were obliterated.

Some evidence photos have been withheld from public release, so it is not known if any other agency took photos that show an outline of a heart on the tape. But there has been no mention of other such photos in any of the discovery released so far.

Without such an image, a jury will never get to see exactly what was on the duct tape and the size of the outline of the heart cannot be exactly compared to the stickers recovered.

Casey Anthony, 23, is charged with first-degree murder, child abuse and other crimes in connection with the murder of Caylee, who was 2 years old when she was reported missing in July 2008. Caylee's remains were found in December. Casey Anthony faces a possible death
penalty if convicted.

Anthony's defense team told Local 6 News on Friday that it is aware the evidence was destroyed but would not comment specifically about it. A defense team spokeswoman only said that Anthony's attorneys are moving forward and preparing for trial.

The disclosure that potential evidence was destroyed comes in a document turned over to the defense but not yet released by the Orange-Osceola State Attorney's Office, which has made public 8,000 pages of discovery in the criminal case.

Page 9316 of the discovery, obtained by Local 6 before its official release, is a handwritten FBI Laboratory Activity and Communication Log. In it, FBI lab request coordinator Erin P. Martin makes notes of conversations between FBI agents in the field and the lab in Quantico, Va.

On Dec. 13, two days after the body was found, she describes how Elizabeth K. Fontaine, a forensic examiner in the lab's latent print operations unit, noticed "a heart shape/outline" on the duct tape, but was "unable to see it after powder process." That process is used to lift any fingerprints from materials. No such prints were found on the tape, according to previously released FBI lab reports.

But the presence of a heart shape on the tape begs an obvious question: Did the FBI lab photograph the outline of the heart before it was apparently obliterated by the powder process?

Martin answers the question with her next notation: "No photo of image."

But agents assisting the sheriff's office at the crime scene were clearly intrigued.

Two days later, on Dec. 15, 2008, Martin logs a call from an FBI evidence response team agent working in Orlando: "Agent wanted to know if TEU (the lab's trace evidence unit) saw anything on tape." Martin apparently checks and writes next: "Per TEU: No, didn't see any heart-shaped item."
She then checks again with the latent print unit and writes: "Shape/outline was … near end on non-adh(esive) side."

And that's the last mention of the heart shape in the five-page FBI communication log, which ends on Dec. 22, 2008.

While a jury will apparently never see the image that Fontaine reported seeing, prosecutors could seek to introduce testimony at trial about the shape or outline of a heart on the duct tape.

The warrant shows investigators clearly tried to tie any heart stickers found in the Anthony home to the reported shape on the duct tape and another heart sticker found in the woods near Caylee's body. The warrant notes "in the search area investigators located a small heart-shaped sticker similar in size to the residue found on the duct tape."

But the sticker found in the woods was 30 to 40 feet away from where Caylee's skull was found, and it was affixed to cardboard. Also, Local 6 compared it to the heart stickers and sticker sheets found in the Anthony home and found it was not an exact match to any of those photographed and released so far in discovery to the public.

Local 6 left a message with FBI fingerprint analyst Fontaine, asking why she did not take a photo of the image before conducting the powder test that apparently destroyed any trace of it. The phone call has not been returned.

Local 6 seems incapable of reading the reports that were previously released.  It was never stated that no fingerprints were found on the tape....just that George, Lee, and Cindy's did not match any evidence found.   There was not a comment about anyone's fingerprints on the tape..that was left out of the info released.

Which leads me to still believe that Casey's fingerprints are all over the evidence including the tape.

There would be no way to apply that tape to anything or anyone without prints being left on it..even latex gloves wouldn't work..the tape is too sticky, the gloves would adhere to the tape and be useless.  I believe they have her prints on that tape and that is why the DP was placed back in force.

Local 6 is FSO on this one..they need to reread the info that has been released and stop listening to Baez's party speak.

[ISpy]

Does anyone else feel that Bozo leaked this latest find to Pipitone?
**************************

i was just thinking the same thing, how would they get it before it was released....more tainting the jury

The more I think about all of this, the more I feel that there IS documented evidence of this sticker residue, and Bozo knows it and since the State is not releasing the goods to the public, this is his shot for tainting the jury.

I find it real hard to believe that no soil or some sort of residue wasn't stuck to the adhesive left by the sticker. I know that Caylee's skull was found in a bag, somewhat protected, but animals did get in there (animal hair?) and there had to be something stuck to that adhesive, it just couldn't be virtually untouched.

Dr. G had to have taken pictures of everything, and I feel there is photos of this tape that shows something is in that area.  Bozo's tactics are once again futile.  JMO

Evening, everyone!  ITA with Tupelo, my money would be on Dr. G.  The lady is as thorough as the day is long.  She's excellent at what she does and covers her bases completely.  She knows full well that cases can be won or lost based on errors and IMO she's got pics and documentation of every last piece of evidence, major or miniscule.  Her reputation isn't above reproach for nothing.  She pays meticulous attention to detail (a gift in her profession).  And even if, by some one in a bazillion chance, there's no pic, I'm not worried.  God did not fall of His throne in surprise at this release.  He's still in charge, knew long ago this news release was coming, and is still big enough to take care of it, for Caylee's sake, for justice's sake.  And even for the Anthonys sake-He wants them to know their years of lying and denying to themselves and everyone else are over.  Maybe the Anthonys need the reality and truth of what exactly happened to Caylee and their parts in it to to hit them like a brick wall.  If that's what it takes to finally get their attention, so be it.  Cindy reminds me of Pharoah (as in Pharoah and Moses)...determinedly and recklessly plowing on ahead, demanding his own way, to the destruction of all those around him.  I can't imagine having such a hard heart that I'd lie and deny for a any killer, much less the killer of one's grandbaby.  All JMHO.

[tupelohoney]

Go to this link and you will be able to read all the pages, there are actually only 3 as one is a header page and the last is a certificate of service from Baez. Some more info you all will be interested in!  Like the sticker we have seen photos of from the crime scene actually came from the back of a picture frame!    If someone can make a screen shot and post the images, I would really appreciate it!!  TIA

Hit download....enter in the code and hit download again.
http://www.filedropper.com/fbilabcommlog

[BluesyGram]

Does anyone else feel that Bozo leaked this latest find to Pipitone?
**************************

i was just thinking the same thing, how would they get it before it was released....more tainting the jury

The more I think about all of this, the more I feel that there IS documented evidence of this sticker residue, and Bozo knows it and since the State is not releasing the goods to the public, this is his shot for tainting the jury.

I find it real hard to believe that no soil or some sort of residue wasn't stuck to the adhesive left by the sticker. I know that Caylee's skull was found in a bag, somewhat protected, but animals did get in there (animal hair?) and there had to be something stuck to that adhesive, it just couldn't be virtually untouched.

Dr. G had to have taken pictures of everything, and I feel there is photos of this tape that shows something is in that area.  Bozo's tactics are once again futile.  JMO

Evening, everyone!  ITA with Tupelo, my money would be on Dr. G.  The lady is as thorough as the day is long.  She's excellent at what she does and covers her bases completely.  She knows full well that cases can be won or lost based on errors and IMO she's got pics and documentation of every last piece of evidence, major or miniscule.  Her reputation isn't above reproach for nothing.  She pays meticulous attention to detail (a gift in her profession).  And even if, by some one in a bazillion chance, there's no pic, I'm not worried.  God did not fall of His throne in surprise at this release.  He's still in charge, knew long ago this news release was coming, and is still big enough to take care of it, for Caylee's sake, for justice's sake.  And even for the Anthonys sake-He wants them to know their years of lying and denying to themselves and everyone else are over.  Maybe the Anthonys need the reality and truth of what exactly happened to Caylee and their parts in it to to hit them like a brick wall.  If that's what it takes to finally get their attention, so be it.  Cindy reminds me of Pharoah (as in Pharoah and Moses)...determinedly and recklessly plowing on ahead, demanding his own way, to the destruction of all those around him.  I can't imagine having such a hard heart that I'd lie and deny for a any killer, much less the killer of one's grandbaby.  All JMHO.

I Spy..Just wanted you to know that even though I don't always comment on your posts..I DO read each and every one...every word.  Even though you are busy and tired, you find the time to weigh in with your infinite wisdom.  You are appreciated. 

Tonight it is especially touching as it reminded me of who really is in charge and justice will come for many of those who have wronged this child.  I still think it was God's hand that guided Kronk to find Caylee.  Look at those that KNEW where she was (had landmarks and everything) and couldn't find her.  May it will be a warning to others who are tempted to do the same thing. 

Nor could I lie and obfuscate to try to cover up a murder...especially the murder of my helpless grandchild who depended on me to be her nurturer and protector.

 

[Western Observr]

When we look back at this one small piece of evidence in this complex case, and put it in perspective, we shall find it was all a storm in a teacup.
Let Baez gloat for a day or two.  The smile will soon be wiped off his face.

[trimmonthelake]

[trimmonthelake]

http://www.cayleedaily.com/2009/09/circus-style-trial-for-for-caylee-anthonys-mother-is-just-what-we-need/
Caylee Anthony Drama Would Add to the Odd In Palm Beach Co.
Friday, September 25, 2009
By Express

 PalmBeachCoast.Com News:   I’ve decided it’s good news that the lawyers for Caylee Anthony’s mother think Palm Beach County would be a good place for her murder trial.

If you don’t know who Caylee Anthony is, well, congratulations. You’ve avoided being sucked into the cable-news vortex of news pornography, and Florida’s answer to the JonBenet Ramsey cavalcade of shame.

And you’re probably just the sort of juror the defense team is looking for. An empty slate. Somebody who has perhaps spent the past year as a hostage, in a coma or allergic to the histrionics of Nancy Grace.

Now, at first I was offended to imagine that in all of Florida, these Orlando attorneys figured out that their search for six clueless jurors would best be held here.

There are 66 other Florida counties. So to zero in on us, and if we’re not available, then Miami-Dade or Broward, borders on doofus-profiling.

Caylee drama would add to the odd

I know we’ve got that confused-voter reputation to live down. And yes, we have our share of empty slates.

I don’t just mean the Delray Beach man who was arrested this month for calling 911 twice to report that he was hungry - not to be confused with another man who called 911 to report his Burger King in Boynton Beach had run out of lemonade.
I’m also guessing that Casey Anthony’s lawyers were impressed with our fascination for the Muck Monster in the Lake Worth Lagoon.

After all, any community that encourages a belief in an unseen sea monster would certainly have a handful of citizens who could entertain notions of reasonable doubt in a courtroom.

And I know why the trial shouldn’t be held in Jacksonville. People there know way too much about this case.

I was at a Jacksonville Target store a few months ago and the cashier said to me, “Do you know who you look like? Caylee Anthony’s grandfather.”

I was not familiar with the Anthony family tree. I had to call my mother, who watches cable news all day.

“Yeah, you do,” she said. “Don’t worry, it’s a compliment.”

But is it a compliment to be singled out as a desirable jury pool location for what will certainly be a circus trial?

I know we have some experience here with the William Kennedy Smith trial, which certainly must seem appealing to any defense lawyer.

For not only did that case end in a verdict of not guilty, but Smith’s lawyer, Roy Black, met and married Juror No. 1, Lisa Lea Haller. That’s got to count for something in the annals of favorable trial locations for criminal defense lawyers.
Whatever the reason for being singled out, Palm Beach County ought to embrace the trial if it comes here, I have come to believe.

That’s because it’s slated for next summer, the slow season for hotels, restaurants and bars. So while the trial may be a dubious distinction, it’s also a justice tourism opportunity.

Think of it as turning lemons into lemonade, which, by the way, is something that Burger King in Boynton Beach might also want to consider. SOURCE:  PalmBeachCoast.com News By Frank Cerabino Palm Beach Post Staff Writer Saturday, September 19, 2009

[trimmonthelake]

When we look back at this one small piece of evidence in this complex case, and put it in perspective, we shall find it was all a storm in a teacup.
Let Baez gloat for a day or two.  The smile will soon be wiped off his face.

ITA 

[Western Observr]

I just looked to see how much space WFTV's Kathi Belich devoted to this 'news' item.
None.

[seemeatthebeach]

http://www.cayleedaily.com/2009/09/circus-style-trial-for-for-caylee-anthonys-mother-is-just-what-we-need/
Caylee Anthony Drama Would Add to the Odd In Palm Beach Co.
Friday, September 25, 2009
By Express

 PalmBeachCoast.Com News:   I’ve decided it’s good news that the lawyers for Caylee Anthony’s mother think Palm Beach County would be a good place for her murder trial.

If you don’t know who Caylee Anthony is, well, congratulations. You’ve avoided being sucked into the cable-news vortex of news pornography, and Florida’s answer to the JonBenet Ramsey cavalcade of shame.

And you’re probably just the sort of juror the defense team is looking for. An empty slate. Somebody who has perhaps spent the past year as a hostage, in a coma or allergic to the histrionics of Nancy Grace.

Now, at first I was offended to imagine that in all of Florida, these Orlando attorneys figured out that their search for six clueless jurors would best be held here.

There are 66 other Florida counties. So to zero in on us, and if we’re not available, then Miami-Dade or Broward, borders on doofus-profiling.

Caylee drama would add to the odd

I know we’ve got that confused-voter reputation to live down. And yes, we have our share of empty slates.

I don’t just mean the Delray Beach man who was arrested this month for calling 911 twice to report that he was hungry - not to be confused with another man who called 911 to report his Burger King in Boynton Beach had run out of lemonade.
I’m also guessing that Casey Anthony’s lawyers were impressed with our fascination for the Muck Monster in the Lake Worth Lagoon.

After all, any community that encourages a belief in an unseen sea monster would certainly have a handful of citizens who could entertain notions of reasonable doubt in a courtroom.

And I know why the trial shouldn’t be held in Jacksonville. People there know way too much about this case.

I was at a Jacksonville Target store a few months ago and the cashier said to me, “Do you know who you look like? Caylee Anthony’s grandfather.”

I was not familiar with the Anthony family tree. I had to call my mother, who watches cable news all day.

“Yeah, you do,” she said. “Don’t worry, it’s a compliment.”

But is it a compliment to be singled out as a desirable jury pool location for what will certainly be a circus trial?

I know we have some experience here with the William Kennedy Smith trial, which certainly must seem appealing to any defense lawyer.

For not only did that case end in a verdict of not guilty, but Smith’s lawyer, Roy Black, met and married Juror No. 1, Lisa Lea Haller. That’s got to count for something in the annals of favorable trial locations for criminal defense lawyers.
Whatever the reason for being singled out, Palm Beach County ought to embrace the trial if it comes here, I have come to believe.

That’s because it’s slated for next summer, the slow season for hotels, restaurants and bars. So while the trial may be a dubious distinction, it’s also a justice tourism opportunity.

Think of it as turning lemons into lemonade, which, by the way, is something that Burger King in Boynton Beach might also want to consider. SOURCE:  PalmBeachCoast.com News By Frank Cerabino Palm Beach Post Staff Writer Saturday, September 19, 2009

Good Morning!

Thanks for posting trimm!........Too funny!!!!

[trimmonthelake]

   Hey Seeme.   

[tupelohoney]

I just looked to see how much space WFTV's Kathi Belich devoted to this 'news' item.
None.

I noticed that too, but I also noticed that it was in the Palm Beach and Broward County newspapers.