Hearing 7/15/10 (Criminal) - 911 Calls & TES Motion

Just a heads up.....

A hearing has been scheduled for July 15th at 2:00 p.m. EST, RE: Defendant's Motion for Reconsideration of Certain Prior Rulings by Disqualified Judge (Specifically TES Documents).

911 Calls As Evidence Against Casey?

Thursday, June 10, 2010 5:37:44 AM

http://cfnews13.com/uploadedfiles/audio/cindy911girlmissing.wav

ORLANDO -- Prosecutors in the case against Casey Anthony want jurors in her upcoming trial to hear the now infamous 911 calls made reporting 2-year-old Caylee missing a month after she was last seen alive.

Just days after Judge Belvin Perry denied a series of motions filed by the defense, Casey and her attorneys face the possibility that more incriminating material could be allowed in her murder trial.

It’s just the latest blow to Casey’s defense as they try to keep what they said they consider hearsay out of court.

Prosecutors Wednesday filed documents laying out their arguments for why the jury should be able to hear 911 calls made by Casey’s mother, Cindy Anthony, in July 2008.

Casey’s lawyers have been trying to keep those calls from her mother excluded from the upcoming trial, but according to published reports, prosecutors want those calls allowed as evidence.

The state said it shows a progression of stories Casey told to explain her daughter’s sudden disappearance.

“There’s something wrong. I found my daughter’s car today, and it smells like there’s been a dead body in the damn car,” Cindy said during one of the calls.

Prosecutors said the series of calls Cindy made to 911 lays out a timeline of how Casey created a kidnapping story to cover up her daughter’s disappearance after initially denying that Caylee was missing.

Still, the defense argued the calls should excluded because they are testimonial and hearsay.

It remains unclear when Judge Perry will rule on the motions.

Casey’s murder trial is scheduled to begin in May 2011.

i think this one is a no brainer.. the 911 calls cindy made cannot be ruled as hearsay IMHO because...

1. it is considered an excited utterance. the emotion in her voice is such that she was so shocked about what she just discovered that she blurted it out without any questioning or provocation.

2. her now infamous statement "it smells like there has been a dead body in the damn car!" is a personal observation. it is something that SHE saw, smelled and is conveying to LE. IF she would NOT have actually smelled the car in person (ie. GA telling her what it smelled like and her telling 911) that could in essence be considered hearsay. however something that you experienced personally and have 1st hand knowledge of is not hearsay as defined by law.

i think the defense is SOOL on this one..

Cindy Anthony Faces Questions About 911 Calls
Mother Of Casey Anthony To Be Questioned At Hearing

UPDATED: 5:03 pm EDT July 5, 2010

ORLANDO, Fla. -- Casey Anthony's mother has been served a subpoena to answer questions about a 911 call she made after learning her granddaughter was missing.

Casey Anthony was charged with first-degree murder in the death of her daughter, Caylee Anthony. Caylee's remains were found in a wooded area near the family's home in east Orange County.

At Casey Anthony's most recent court hearing on Friday, Cindy Anthony left without comment, but that wasn't the case almost two years ago when she sounded the alarm by dialing 911 to report Caylee's disappearance.

911 tapes aren't often admitted as evidence because they're considered hearsay, but in the case against Casey Anthony, prosecutors want them admitted. The defense is against that, so a hearing will be held in mid-July to settle the issue.

Cindy Anthony will attend the hearing because of the subpoena.

"They are not offering to prove anything. They said Cindy Anthony is true. They are only offering it to show why Casey Anthony did something," defense attorney Richard Hornsby said.

http://www.wesh.com/caseyanthony/24148133/detail.html

Cindy Anthony subpoenaed to appear in court

By Stephanie Coueignoux, News 13 Reporter
Last Updated: Monday, July 05, 2010 9:54 PM

ORLANDO -- Cindy Anthony is scheduled to take the stand next week and answer questions about her daughter, Casey.

News 13 has confirmed Cindy has been subpoenaed to appear in court.

An upcoming hearing will address the now infamous 911 call where Cindy said Casey's car smells like death.

Now that Cindy has been subpoenaed, prosecutors could ask her about what she told the 911 operator.

It was nearly two years ago when Cindy made a frantic 911 call.

Cindy to 911: “There's something wrong. I found my daughter's car today, and it smells like there's been a dead body in the damn car."

Now, Cindy could soon have to answer questions about what she told the operator.

News 13 spoke with her attorney, Brad Conway, who said prosecutors served a subpoena to Cindy more than a week ago.

Conway said while the 911 calls could come up, the subpoena doesn't specify what prosecutors will ask his client.

Casey’s lawyers have vigorously tried to prevent the calls from being allowed as evidence.

The defense said there are "factual disputes" and that Cindy "made that up in an effort to cause police to come more quickly to her residence for investigation."

However, prosecutors said the calls show the progression in how Casey explained her daughter's disappearance.

Cindy is expected to be at a hearing July 15.

It will be a big week in the case against Casey Anthony.

On July 13 and July 14, the defense team will be looking at evidence at the Orange County Sheriff's Office.

http://www.cfnews13.com/article/news/2010/july/118097/Cindy-

Just read that WFTV has apparently reported that Lee Anthony will also be testifying at the hearing. It is not up on the WFTV website yet.

Boy, oh boy...this should be one very interesting hearing...Has anyone heard anything about George, or had a George siting lately???? One would think that someone would have the house staked out just to catch a glimpse of him...Maybe he moved out under cover of darkness...Poor thing, can't take the heat or has he decided to stick to his guns and not back Cindy's delusional statement about the odor...Wonder if he'll be in court on the 15th???

Casey's Mother, Brother Ordered To Testify

Posted: 8:29 am EDT July 6, 2010
Updated: 10:57 am EDT July 6, 2010

ORANGE COUNTY, Fla. -- WFTV has learned that two members of the Anthony family have been subpoenaed to testify at a hearing in the case against Casey next week.

Both Casey's mother, Cindy, and her brother, Lee, were ordered to testify.

The hearing scheduled July 15 is about the panicked 911 call that Cindy made, which launched the murder investigation against Casey.

During the phone call, Cindy said her daughter's car smelled like there had been a dead body in it.

Prosecutors say that call was an excited utterance and they want it admitted as evidence, but the defense says it is hearsay and wants it thrown out.

http://www.wftv.com/news/24154159/detail.html

Cindy, Lee ordered to testify at hearing

posted by halboedeker on July, 5 2010 10:40 PM

Cindy Anthony will testify at a hearing this month in the case against daughter Casey Anthony, TV stations reported tonight.

“The hearing on July 15 is about the panicked 911 call that Cindy made, which launched the murder investigation against Casey,” WRDQ-Ch. 27 anchor Darrell Greene said.

Anthony is charged with first-degree murder in the death of her daughter, Caylee. WRDQ, whose news is produced by sister station WFTV-Ch. 9, also reported that Lee Anthony has been ordered to testify at the hearing.

In the 10 p.m. news on WCKF-Ch. 18, WESH anchor Martha Sugalski said the State Attorney’s Office had served up a subpoena that Cindy would have to testify about the 911 call, which could be key in the case.

WESH reporter Michelle Meredith reminded viewers that Cindy had signaled the alarm in the case with her 911 call two years ago. But Cindy had little to say on Friday at Casey’s last hearing, Meredith noted.

Orlando defense attorney Richard Hornsby, who offers legal analysis for WESH, said prosecutors are “not offering to prove anything Cindy Anthony said is true. They’re only offering it purely to show why Casey Anthony did something.”

Hornsby theorized that Cindy Anthony will verify that Casey was sitting next to her during the 911 call and that it will put Casey’s version of events in context.

http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2010/07/casey-anthony-cindy-lee-ordered-to-testify-at-hearing.html

July 15..... Interesting that the day Cindy will have to take the stand and tell the truth (?????) under oath is two years to the day after she first learned positively that something had happened to Caylee.

Casey Anthony's Mother Ordered to Testify About 911 Calls

Posted by Carlin DeGuerin Miller
July 6, 2010 11:40 AM

ORLANDO, Fla. (CBS/WKMG) Casey Anthony's mother Cindy Anthony, whose frantic voice can be heard on 911 calls where she first reported her granddaughter Caylee missing, will have to testify in court, a Florida Judge ruled Friday.

Florida prosecutors have filed a motion asking to use the 911 calls to show that Cindy Anthony had suspicions about her daughter's involvement in Caylee's disappearance, and that Cindy Anthony possibly believed that Caylee was dead.

Casey Anthony's defense attorneys are trying to stop the use of the tapes, arguing that 911 calls are hearsay and therefore cannot be used in court.

On July 15, 2008, Cindy Anthony called 911 three times trying to locate her 2-year-old granddaughter, Caylee, CBS affiliate WKMG reported June 9.

In the second recording, Cindy Anthony exclaims, "There's something wrong. I found my daughter's car today and it smells like there's been a dead body in the damn car."

Cindy Anthony later claimed that smell came from a slice of rotten pizza, WKMG reported.

By the third call Cindy Anthony is crying and tells the dispatcher "I found out my granddaughter has been taken, she has been missing for a month. Her, her mother finally admitted that she's been missing," according to reports by the Orlando Sentinel.

Casey Anthony's daughter, Caylee, was reported missing in July 2008, a month after Casey claims to have last seen her daughter. Caylee's remains were found five months later in a wooded area near the Anthony family's east Orange County home.

The hearing on the 911 tapes is set to be held in mid July. Anthony has pleaded not guilty to murdering Caylee and her trial is set to start in May 2011.

http://www.cbsnews.com/8301-504083_162-20009699-504083.html

Snaz wrote:July 15..... Interesting that the day Cindy will have to take the stand and tell the truth (?????) under oath is two years to the day after she first learned positively that something had happened to Caylee.

LOL Snaz. I was just going to say we get to watch Cindy perjure herself live. It should be one of the more interesting hearings.

Justice4all wrote:

Snaz wrote:July 15..... Interesting that the day Cindy will have to take the stand and tell the truth (?????) under oath is two years to the day after she first learned positively that something had happened to Caylee.

LOL Snaz. I was just going to say we get to watch Cindy perjure herself live. It should be one of the more interesting hearings.

Actually, J4A, I just read something interesting by another blogger:

The jist of it was that if Cindy gets on the stand and says that she only said the car smelled like a dead body in order to get the police to arrive faster, that she would not be guilty of perjury. The reason is because it is not a different statement from what she previously made under oath (during the State depo she stated the same thing).

What confuses me is that just because she is stupid enough to lie under oath more than once, IMO, does NOT make her NOT GUILTY of perjury. IMO, it just means she perjured herself more than once regarding the same topic.

I wish I knew the law better..... there's just so many little "ins and outs" that the average layperson (that would be me) just doesn't know.

Snaz, I agree that it would mean she perjured herself more than once, but they can't charge her with perjury unless they can prove she is lying. Our common sense might tell us that her excuse about getting police to arrive faster is total BS, but I'm pretty sure that isn't enough proof to charge her with perjury.

I agree with you, J4A..... I just can't wait until this hearing. It should be quite a sideshow with LEE and CINDY, who are both known to flat out LIE to cover for KC.

I would call them mistruths or partial truths, but everyone (with the exception of the A family) knows in the real world... that means LIE.

I agree with all of you guys........I was re-listening to the 911 calls and thought of something: Besides what Cindy is actually saying to the 911 operator, you can hear bantering between her and Casey........ i.e.: you can hear Cindy telling Casey (while they are still in the car I believe)... "... because my next thing will be down to a child thing, and we'll have a court order to get her. If that's what you want to play, then we'll do it, and you'll never ..." and Casey says... "Well that's not the way I want to do it." Stuff like that.

I believe all the 911 calls will be allowed. Worst case scenario- they put Cindy on the stand and grill her...... with all those lovely tv interviews, newscasts of her outbursts and previous official statements to LE being brought to bear if she tries to deviate from the actual call.

kh

I know this family is upsetting but I think Lee has done his best to stay out of the limelight...I'm surprised that the press hasn't dogged him more...He just might be the key, once on the stand, to get his parents to fess up...I just hope his nervous laugh doesn't do him in...

Casey Anthony's mom to answer questions about 911 call

4:19 p.m. EDT, July 7, 2010

Casey Anthony's mother must answer questions about a series of 911 calls she made after learning that her granddaughter was missing, according to her mother's attorney.

Brad Conway, Cindy Anthony's lawyer, confirmed today that she and her son Lee were served with subpoenas in late June to be available for testimony for a critical hearing next week.

Part of the hearing, scheduled for Thursday, July 15, will focus on whether 911 calls Cindy Anthony made two years ago should be admitted during trial.

During one of the calls, Cindy Anthony describes the odor in Casey Anthony's car as smelling like a "dead body." The call also recorded Casey Anthony's early account of what happened to 2-year-old Caylee Marie – that she had been taken 31 days earlier.

Prosecutors say they want the 911 call admitted because it would "demonstrate to the jury the progression of the defendant's lies about the fate of her daughter."

Casey Anthony's defense team, meanwhile, insists the calls amount to inadmissible hearsay.

"She's going to tell the truth," Conway said today. "She made the phone calls. It's factual. She's going to testify truthfully."

Lee Anthony, Casey Anthony's brother, was present during two of those 911 calls, which were made on July 15, 2008.

Casey Anthony has been charged with first-degree murder in Caylee Marie's death.

http://www.orlandosentinel.com/news/local/caylee-anthony/os-cindy-anthony-calls-subpoena-20100706,0,4386160.story

Snaz, I am reading a lot of newspaper articles explaining about this hearing on July 15th. What I would like to read is what you and others think will happen at this hearing.

Will the judge allow the 911 tapes into evidence? If he doesn't, will CA, GA and LA still be called to testify at the trial?

OK.... Mama, I will be happy to give you my opinion about the hearing. I'm no expert, but here goes:

I do believe JP will allow the 911 calls into evidence. The State when they filed their motion clearly stated they wanted to use the two tapes (the first and the last ones) to show how KC came up with her kidnapping story. You can see within the tapes how it progressed into that lie..... They were very clear that they do not want to use the tapes to prove that what CA said was true..... (there's lots of other evidence to prove that!)

Here's an interview by Richard Hornsby which explains that: