Evidence to be Used at Trial

Will critical evidence be allowed at trial?

posted by halboedeker on November, 4 2010 6:49 PM

WESH-Ch. 2’s Bob Kealing has been tenacious in exploring evidence released this week in the Casey Anthony case.

Tonight, he turned to what the station titled, in big type, ”Evidence Jury Will Not See.” Anchor Martha Sugalski walked back a bit from the headline, calling it “some critical evidence that the jurors in her murder trial may never get to see.”

And Kealing consulted legal experts who disagreed about whether the evidence will make its way into the trial. The evidence: a jail supervisor’s account of how Casey Anthony reacted when a child’s remains were found.

Read more: http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2010/11/casey-anthony-will-critical-evidence-be-allowed-at-trial.html

Casey Says 'Oh No' To Caylee Find; Will Jurors Know?
Unclear If Account Of Reaction Will Be Allowed At Trial

POSTED: 5:41 pm EDT November 4, 2010
UPDATED: 7:02 pm EDT November 4, 2010



~ Snipped ~

Legal experts disagree on whether the account will ever be used by prosecutors to try to convict Anthony of murder.

As the news broke of the discovery in December 2008, Lt. Tammi Unser noted that she took Anthony to the female medical area to watch the events unfold on television.

Upon entering the office, Unser writes that Anthony looked at the television and immediately fell into the chair, doubled over and began breathing rapidly.

Several minutes later, Unser said that she lifted her head up with her eyes still closed and muttered, "Oh no," upon hearing the location of the remains.

"She was set up and this is the exact kind of activity the courts frown upon," said Orlando defense attorney Richard Hornsby, who is not affiliated with the Anthony case.

Hornsby compares the account to fruit from a poison tree, saying that Anthony should not have been placed in a position to potentially incriminate herself.

"It's no different from an interrogation done after someone invoked their right to an attorney. That's why it's inadmissible," Hornsby said.

A former prosecutor and longtime defense attorney disagrees with Hornsby, saying anything the lieutenant observed could be fair game as long as she was not questioning Anthony.

"You have to be in custody and being interrogated," said Jeff Dean. "People make spontaneous statements to the police all the time who are in custody and they're used against them every day."

Read more: http://www.wesh.com/r/25637894/detail.html

Snaz wrote:Tonight, he turned to what the station titled, in big type, ”Evidence Jury Will Not See.” Anchor Martha Sugalski walked back a bit from the headline, calling it “some critical evidence that the jurors in her murder trial may never get to see.”

What I seriously don't get is this is a murder trial, why not show anything and everything they can get their hands on. I think the accused reaction would be a very important piece of valuable info to tell the jury. What if she said, "Oh no, who did this to my daughter! Find whoever did this! Someone's going to pay for this!" Bozo would have it splattered all over every newspaper in the world, so why isn't turnabout fair play?

I agree, Ju-li... let's just hope JP finds good cause for it to be admitted at trial. Even though I want them to be able to use that information, I don't want them to if it would cause an appellate issue. I believe they have plenty enough other evidence to use against KC to convict her easily.

Knowing what we know about Judge Perry, if he allows it at trial, I feel comfortable there most likely won't be any issues with it. If he doesn't allow it, it's probably better not to.

Yeah, from what I've seen of Judge Perry, I think he'll make the right decision.

Casey Trial Evidence Breaks Legal Ground

Use Of MySpace Postings First In Local Capital Case, Expert Says

UPDATED: 6:41 pm EST February 14, 2011



ORLANDO, Fla. -- Legal experts say the Casey Anthony trial could be the first time in Orlando that MySpace postings may be used to try and convict someone of capital murder.

Judge Belvin Perry ruled that the postings in question could be introduced during the trial, but prosecutors still have some hurdles to clear.

Perry ruled that a MySpace exchange in between Anthony and her mother is "relevant to show the defendant's state of mind" during the time when her daughter was missing.

In the exchanges, it appears Cindy Anthony is the one frenetic to see her granddaughter.

Read more: http://www.wesh.com/caseyanthony/26864376/detail.html

I think social media is taking a whole new turn in these cases and will be used. Look at the Widmer trial, and the Zahra Baker case.

Casey's High School Boyfriend To Be Witness

Defense Attorneys Say Man Can Confirm Date Of Diary Entry

POSTED: 5:04 pm EST February 16, 2011
UPDATED: 5:58 pm EST February 16, 2011

ORLANDO, Fla. -- Casey Anthony's defense attorneys said Wednesday they plan to call Anthony's former high school boyfriend as a witness to further establish a passage she wrote in her diary.

Defense attorneys say the entry in question was written in June 2003, but an FBI lab said the diary itself wasn't manufactured until 2004.

Read more & see video:
http://www.wesh.com/r/26890908/detail.html

Court reporter accuses Casey Anthony defense team of misstating facts in court

February 14, 2011|By Anthony Colarossi, Orlando Sentinel

The Casey Anthony defense team is being accused of misstating facts to the court — and the complaint comes from a Knoxville-based court reporting service hired to handle deposition transcripts.

Gerald Stogsdill wrote a letter to Chief Judge Belvin Perry Feb. 8, explaining a dispute over payment for deposition transcripts between his firm, Stogsdill Court Reporting Services, and Anthony attorneys Cheney Mason and Jose Baez.

"It obviously has been represented to Your Honor that my office had initially agreed to provide court reporting services at rates significantly lower than normal rates and then refused to honor the discounted rate, and I believe the reason given the Court was my alleged claim that the job was difficult and took more time than expected," Stogsdill wrote.

Read more:
http://articles.orlandosentinel.com/2011-02-14/news/os-casey-anthony-court-reporting-20110214_1_baez-and-mason-court-reporter-casey-anthony

Casey A: State won't use controversial evidence


By Emily Cassulo @ February 28, 2011 4:05 PM

Reporter: Drew Petrimoulx

Prosecutors in the case against Casey Anthony say they won't use a controversial piece of evidence in Casey's upcoming murder trial.

Part of that evidence includes Casey reacting to the news that a child's remains had been found just blocks from her parents' home.

snipped:
In addition, prosecutors said they won't use statements made by Casey's pen pal, Maya Derkovic.

They also won't use statements Casey made to law enforcement after her arrest in October of 2008.


Read more:
http://wdbo.com/localnews/2011/02/prosecutors-wont-use-controver.html

February 26, 2011

Evidence tampering in Caylee Anthony case?

Court documents indicate that's one strategy defense may use

(CBS News) The murder trial of Casey Anthony in the 2008 death of her two-year-old daughter, Caylee Anthony, is slated to begin in May.


And now, reports Tony Pipitone of CBS affiliate WKMG in Orlando, Fla, court documents give hints of the strategy the defense may pursue - trying to discredit the official cause of death and suggesting crucial evidence might have been staged.

Read more:
http://www.cbsnews.com/stories/2011/02/26/earlyshow/saturday/main20036784.shtml

They also won't use statements Casey made to law enforcement after her arrest in October of 2008.

Which statements are these?

I think one is about the cops won't be able to talk her into a confession...Now doesn't that refute a plea deal???

Piper wrote:They also won't use statements Casey made to law enforcement after her arrest in October of 2008.

Which statements are these?

Its those statements made by Casey after her arrest when she was in a room with two detectives. She did not have her attorney present so the State really can't use those statements.

Ok, I was thinking of her statements while showing them around her office, but she hadn't been arrested yet.

Prosecutors File Notice Of Photo Use During Trial

UPDATED: 4:41 pm EDT April 11, 2011

ORLANDO, Fla. -- Prosecutors in the case against Casey Anthony filed new paperwork Monday indicating which evidence they intend to use during the murder trial.

In a notice sent to the defense and to the court, prosecutors said they would use as many as 236 photographs.

Some of the images have been under seal because they show Caylee Anthony's remains.

Read more: http://www.wesh.com/casey-anthony-extended-coverage/27507795/detail.html

Casey Evidence: Cause For Appeal, Biggest Blows

UPDATED: 5:48 pm EDT April 11, 2011



ORLANDO, Fla. -- Within 10 days, Judge Belvin Perry is expected to rule on what scientific evidence prosecutors can use in their largely circumstantial first-degree murder case against Casey Anthony.

Some legal experts said the evidence, if permitted and used at the trial, could be an automatic appellate issue for the defense.

Read more: http://www.wesh.com/casey-anthony-extended-coverage/27508053/detail.html