When Will The Defense Have to Turn Over Discovery To The State?

Monday brings no new details in Casey Anthony case

By Sarah Lundy and Bianca Prieto, Orlando Sentinel
2:41 p.m. EST, February 2, 2010

Prosecutors did not receive any paperwork from Casey Anthony's defense team that backed up one of her attorney's comments in court that someone else left the body of Anthony's daughter in the woods, according to the State Attorney's Office.

Four months ago, Orange Circuit Judge Stan Strickland told the defense team they had until Feb. 1 to provide information.

Prosecutors requested this after Todd Macaluso, one of Anthony's attorneys, said in court: "There's substantial evidence that we've discovered . . . that the body or the remains of Caylee Anthony were placed there after Casey Anthony was locked up in the Orange County Correctional facility."

According to the defense, the Feb. 1 deadline dealt with names of witnesses connected to the crime scene. However, the defense says the issue has not been addressed in court yet.

Anthony, 23, is charged with first-degree murder in the death of her daughter, Caylee Marie. The remains of the 2-year-old were discovered Dec. 11, 2009 in woods near her family's east Orange County home. The state is seeking the death penalty.

The attorneys involved are working out a schedule for the release of discovery. No trial date has been set yet.

http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-deadline-20100202,0,2529495.story

Casey Anthony’s Defense Misses Deadline

Posted: 5:52 pm EST February 2, 2010
Updated: 6:32 pm EST February 2, 2010

ORLANDO, Fla. -- Casey Anthony's defense team missed Monday’s deadline to provide its witness list to prosecutors for the murder case.

The judge had set a February 1 deadline for the defense to provide information or witnesses to back up its claim that it has proof someone else, other than Casey, put Caylee's body in the woods near her home last year.

The defense recently blamed prosecutors for the delay, claiming it still needs more information from the FBI.

http://www.wftv.com/news/22415041/detail.html

I have two schools of thought about this.

1. Todd Macaluso claimed at one of the hearings they have evidence to prove that someone else placed Caylee's body in the woods after KC had already been arrested. The State called the defense on it, and the judge ordered that the defense produce that evidence by February 1. That due date was yesterday... and NADA.

2. At the 1/25 hearing, the judge told the State and the defense to get together and each come up with a reasonable discovery schedule.

Now, did the defense just ignore the Judge's order... or did the statement made by the judge at the latest hearing give the defense a pass on producing that discovery by February 1?

I'm thinking that regardless of what the judge intended, the defense will play stupid (it isn't that far a reach...) and "pretend" they thought he meant to come up with a schedule for their discovery, including that which allegedly proves KC innocent.

But what do I know... maybe that is what the judge intended.

BTW, even IF (and that's a HUGE if) the defense could prove that someone else put Caylee in the woods, that does NOT prove that KC didn't murder her...... but good try there, Macaluso.

This is the article to which AJ refers:

There is no Feb. 1 deadline in case

posted by halboedeker on February, 1 2010 3:24 PM

Readers have been asking about a Feb. 1 deadline — that would be today — in the Casey Anthony case. She is charged with the first-degree murder of her daughter, Caylee.

In October, the Sentinel wrote that Judge Stan Strickland “ordered the defense team to turn over its witness list to prosecutors by Feb. 1. Prosecutors want to question the witnesses who support the defense’s claim that Anthony is innocent.”

But this deadline was rendered moot on the day Anthony pled guilty in her check-fraud case. The prosecution and the defense agreed to work out a new schedule of deadlines for the case, including a potential trial date. That schedule has not yet been made public.


http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2010/02/casey-anthony-there-is-no-feb-1-deadline-in-case.html

that is soooo sad that the defense in this case is so willing to let poor innocent KC sit in jail all this time... it is almost a travesty.

okay... i ALMOST typed that with a straight face... almost...

The media are waiting, too

posted by halboedeker on February, 3 2010 1:16 PM

The Casey Anthony case had a lot of readers sounding off this week.

Here’s a comment from one: “Many people hear a date about evidence being submitted concerning Casey didn’t murder Caylee but yet when the date arrives and passes, there is nothing. I am sorry but all of us who heard the date February 1st, 2010 cannot all be nuts. It is pathetic that a very important date like this has been totally ignored. A trial date needs to be set now, and Baez and freak show must be ready, and if not ready too bad.”

Yet the wheels of justice can move slowly, especially on murder trials with the death penalty.

Readers focused on the Feb. 1 date, but the prosecution and the defense are working out a schedule for discovery. When we know more information, we’ll share it. We have to wait for events to play out.

Another reader complained: “Most of us have read the Discovery allowed to be made Public by the Sunshine Law and the Media hasn’t covered even 10% of the thousands of pages and what it all means.”

Reporters read the discovery and report the most interesting facts. No journalist — TV or print — has the resources to provide all of discovery.

The Casey Anthony case is not the only murder case happening in Orange County. Yet it has received more coverage than 99.9 percent of the cases.

We have a responsibility to cover other news, too. In 2008, Orange County had 123 murders. Caylee was one of them. Last year, we had more than 72 and so far this year seven people have been brutally killed.

We realize many people have an intense fascination in the Anthony case, and we try to share the latest to meet that demand.

But we in the media are like the public: We have to wait for events to unfold.

http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2010/02/casey-anthony-the-media-are-waiting-too.html

This is the State's motion regarding setting discovery, motion and hearing deadlines and trial date:

http://www.wftv.com/pdf/22464497/detail.html

Note that at the link I posted above for the discovery schedule, etc. it states (on page 3):

THIS ORDER DOES NOT SUPERCEDE OR NEGATE ANY PREVIOUSLY ORDERED DISCOVERY DEADLINES.

I think since the State prepared this motion, they included that statement for a reason. Judge Strickland had already ordered the defense to turn over by February 1 the evidence Todd Macaluso boldly claimed they had that would prove KC to be innocent because SOD put Caylee in the woods after KC had already been arrested....

I'm thinking we may still hear from the State about Baez's failure to provide that evidence.