Darn, missed all the live action...wondered where everyone was, LOL
http://www.orlandosentinel.com/news/local/caylee-anthony/os-casey-anthony-sex-motions-hearing-20110103,0,5891060.storyCasey Anthony defense team blasted for 'willful violation' of evidence rules
Judge Belvin Perry blasted attorney Jose Baez for missing a deadline to provide info about defense experts.By Anthony Colarossi, Orlando Sentinel
2:48 PM EST, January 3, 2011
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Casey Anthony defense attorney Jose Baez was just slapped for a "willful violation" of a court order to provide information from defense experts by a December deadline.
Chief Judge Belvin Perry ordered Casey Anthony defense attorney Jose Baez to pay an undetermined amount for court costs.
Perry's decision came shortly after a hearing began this afternoon dealing with as many as 20 motions covering a range of issues, including witness statements about the woman's sexual history to the state's concern about how the defense team' handed information about experts.
Anthony, who is in the courtroom this afternoon, is charged with first-degree murder in the death of her 2-year-old daughter, Caylee Marie.
Assistant State Attorney Jeff Ashton argued that the information her attorneys have provided so far about defense experts "woefully and deliberately fails to comply with the court's order."
Ashton wanted the defense held in civil contempt and fines against the defense, especially Baez. He wanted a $500 daily fine until the defense complies.
Perry then asked Baez about missing the deadline.
"Did it occur to you that you should seek an extension of time?" Perry asked. "Did not that (the court-ordered deadline) mean anything to you?"
Defense attorney Cheney Mason says there should be no sanctions. His team is working hard on a "remarkably time-consuming event . . . We're doing what we can."
In his ruling, Perry said defense experts must provide reports and opinions in seven days. Anything not expressed in their reports or opinions or during their depositions will not be allowed at trial. The rules of criminal procedure provide for exchange of discovery to avoid "trial by ambush," he said.
The other issues being covered today include:
• A defense motion to restrict telephoto courtroom photography and "audio eavesdropping of defense." Perry says "there's no prohibition against a telephoto lens" but he cautioned that photos should not be disseminated that show words or writing on notes passed between the attorneys and their client. He also suggested that the defense used a side table where the photographer would only shoot at back of documents being passed.
• A motion to compel the Judicial Administrative Commission to pay for transcripts of the depositions of state experts from Oak Ridge National Laboratory.
• A request to the court to determine so-called "prior bad acts" of Roy Kronk, the meter reader who found the toddler's remains a little more two years ago.
• Two motions regarding statements of former boyfriend Casey Anthony boyfriends Anthony Lazzaro and Anthony Rusciano. The defense wants the so-called "sexual interrogation" statements of those two men kept out of the trial.
• A defense motion to bar testimony about an "opinion" from Texas EquuSearch President Tim Miller that Casey Anthony on certain occasions was "about to mark on a map where the body was." Anthony's attorneys say records provided by state prosecutors indicated their client was questioned at home about Caylee Marie and shown a map.
"She was asked to mark where [the] body would be found," the motion says. "She did not respond."
• Defense motions to preclude information about Casey Anthony obtaining a shovel from a neighbor and to block evidence about a table knife found in her car.
The neighbor, Brian Burner, told a detective that Casey Anthony borrowed a shovel in mid-June 2008 and supposedly to dig up a bamboo root she had been tripped over.
"Evidence that Ms. Anthony borrowed a shovel from her neighbor does not tend to prove any element of the offenses for which she is charged," the lawyers wrote.
• A defense motion to block statements from George Anthony, who indicated that his daughter has "a history of lying and/or has a history of stealing." The defense team has said that "character evidence" information is irrelevant to the charges she faces.
• A motion to suppress a jail interview of the defendant.
• A motion to block Casey Anthony's reaction in jail to the discovery of her daughter's remains.
• Motions regarding a "Jib Jab Cartoon," and Cindy Anthony MySpace.
• Motions to block a Casey Anthony tattoo and her MySpace "Diary of Days" from entering the trial.
• Motions regarding chloroform and decomposition chemicals and other science-related evidence.
• Motions to exclude post-mortem banding, a stain in the trunk of the Casey Anthony car and K-9 [canine] alerts.
The motions cover a wide range of issues, but they generally deal with evidence the defense argues is prejudicial or unfair to Casey Anthony.
In late December, for instance, Casey Anthony's defense filed motions designed to keep statements about two sexual relationships and other evidence out of the upcoming murder trial.
Defense attorneys Cheney Mason and Jose Baez contend that allowing jurors to hear the information would damage their client's right to a fair trial.
One motion complains about Orange County detectives who interviewed ex-boyfriend Anthony Rusciano "regarding his alleged sexual relationship" with Anthony.
Her lawyers called the questions and responses "scandalous and incompetent and should not be allowed in any aspects of this case."
The defense took particular offense to sheriff's detective Yuri Melich asking, "How was she when she had sex? Was she one of those people that would be real clingy, or was it just matter of factly (sic), or was it just okay, we're done, I'm going home?"
Information on "any prior sexual relationship between Mr. Rusciano and Ms. Anthony is irrelevant to the charges in the present case," the lawyers said.
A motion regarding former boyfriend Anthony Lazzaro is similar, arguing that allowing testimony about that sexual relationship "would create a danger of unfair prejudice" against their client.
The lawyers requested today's hearing on these issues. This is a developing story. Check back later for updates.
