Judge Shoots Down Anthony Defense Team Motions

Tuesday, December 16, 2008
ORANGE COUNTY, Fla. -- Casey Anthony's defense team lost another round of legal battles Tuesday afternoon when a judge rejected its request to quickly examine material gathered from a scene where a child's remains were found last week.


Anthony's defense team had asked for an emergency court hearing Tuesday afternoon to force investigators to turn over photographs, video and sketches of the scene. The lawyers also requested a second autopsy be performed on the remains.
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Judge Stan Strickland denied two motions and put aside one.
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"Part of this is just pure folly," said Strickland. "I just can't do some of what you're asking for."
Baez had wanted to get his hands on evidence investigators continue to dig up at the scene, which is not far from the home where Casey Anthony, her daughter Caylee, and her parents, George and Cindy, live...
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"They're not sure when they're gonna be done," Baez said of the investigators. "It's no longer a crime scene, it's more of an excavation scene."
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But Strickland quickly shot down that argument, ruling the defense team has no right to interfere with detectives as they process the crime scene.
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"There's no time clock on an investigation and if law enforcement doesn't do an exhaustive job, defense will argue it was shoddy and inadequate," said Strickland.
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Strickland also said there was no need to appoint someone to oversee the work of the Orange County medical examiner and said the motion on a second autopsy was a moot point since the body hadn't even been identified yet.
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WFTV legal analyst William Sheaffer called the motions "ludicrous." Sheaffer said it was unheard of for a defense team to ask to be part of a murder investigation. He also pointed out that the request for a second autopsy was a moot point because either Casey Anthony, or her parents, George and Cindy, would have the right to have that done once the remains are turned over to them, if the remains do indeed belong to missing 2-year-old Caylee Anthony.
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Baez said his client was having a hard time with the discovery. "She's not taking it well due to the severity," said Baez. "As far as giving specifics, it wouldn't be appropriate."
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SEARCH COULD GO PAST WEDNESDAY
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Investigators hoped to finish searching the scene some time Wednesday but now are not sure that will happen. They say they continue to turn up new evidence and will stay as long as it takes. They've been looking for clues among dirt and branches they've pulled out of the woods.
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Casey's childhood friend told deputies that the wooded area near Hidden Oaks Elementary School was where they used to hang out as kids. Five months before a utility worker discovered a child's remains Casey Anthony's childhood friend, Kiomarie Cruz, told deputies they needed to look in the woods near the school.
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In an interview, Cruz told detectives she and Casey, "pretty much used to hang out there most of our time," would "snack on food for hours," and went there to "get away from our parents."
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However, when the sheriff's office got that tip the area was covered in flood water and deputies said they couldn't search there. Forensic investigators continue to look for clues and more remains in the woods. They will closely look at the plastic bag where the child remains were found to see if there are any fingerprints, hair or DNA evidence from Casey.
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Investigators will closely look at the plastic bag where the child remains were found Thursday to see if there are any fingerprints, hair or DNA evidence from Casey. They are also looking for any clues on the duct tape that was found wrapped around the child's remains.
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Detectives have taken fingerprints from Cindy, George and Lee Anthony to try to rule out their involvement.

If the remains are Caylee Marie Anthony's, and if investigators find out that the duct tape was stretched over her mouth before she was killed, prosecutors potentially could view the murder as cold, calculated and premeditated. Those actions are legal justification for pursuing a death sentence and could bring the death penalty back as a possibility. Prosecutors recently said they would not pursue the death penalty.
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WFTV legal analyst Sheaffer says prosecutors may argue financial reasons were behind the murder so Casey would not have to support Caylee. There is evidence showing that Cindy was going to kick Casey out of her home.
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The trial is scheduled to begin in March, so prosecutors would be in no hurry to make a decision.
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ANTHONYS RELEASE STATEMENT ABOUT REMAINS
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The new lawyer for George and Cindy Anthony spoke to the public Monday (watch video). He said he didn't know about plans to prosecute them on charges related to the case, but he did tell Eyewitness News that he is seeking immunity for Caylee's grandparents.
Attorney Brad Conway says he just wants to make sure his clients are protected. He wants to make sure charges aren't filed later.
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Eyewitness News has learned George and Cindy, along with their son Lee, were fingerprinted over the weekend so investigators will have them on hand as they search for fingerprints on evidence they've collected at the scene.
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George and Cindy Anthony were not ready to address the media Monday, but issued a statement (read statement) through their attorney. The Anthonys do not plan on making a public statement until the remains found near their home are identified. Conway said the family is realistic, but hopeful it's not Caylee.
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"The last six months have been the hardest six months of our lives and we understand that the ongoing investigation and prosecution of our daughter, Casey, will consume our lives with conflict," Conway read from the statement. "Based on recent developments we are realistic but continue to hope and pray that these remains are not those of our precious granddaughter Caylee Marie."
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Once the medical examiner and the defense examine the remains, the remains, if Caylee's, will be released to the Anthonys.
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"If it is Caylee Marie, they will make proper burial," Conway told Eyewitness News.
Eyewitness News reported last week that sources close to the investigation said they are possibly building a case against Caylee's grandparents for obstruction of justice. Sources told Eyewitness News, if charges were pursued, it would be after the remains were identified and it would come from the forensic evidence that was recently taken from the Anthony home.
"They have cooperated. They have done nothing," Conway said.
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Conway said he plans to meet with the lead prosecutor and detectives later this week to ask for full immunity for the Anthonys.
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"We will not speculate. If the attorney officially decides to ask our office, well will address it then," said Danielle Taverneri, spokesperson for the State Attorney's Office.
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Conway admits the Anthonys have made conflicting statements in the past. They will be re-interviewed by investigators. He said, for the next interview they give to authorities, there will not be any conflicting statements.
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Attorney Brad Conway also said he is representing the Anthonys for free.