Thursday, June 30, 2011

Day 32 Will Casey Testify?

Police presence is strong, spectators were not allowed in at their normal times and ALL 3 Anthony's are testifying today! What type of excitement will happen today. Krystal H0lloway aka River Cruz, George;s alleged mistress had been seen yesterday waiting to testify. Will she today?
Baez says this morning he was just handed Cindy's work records and 231 pages of printouts.  Baez says he was given phone logs, computer report from state this morning from Gentiva (Cindy's former employer).  Complains that it's a discovery violation and would like to depose the new witnesses and subpoena other days.  Judge says that they'll later look at whether it's a discovery violation and, if so, whether prejudicial.  Judge: Whatever witness you wanna talk with, can depose them after 5:00 today if want to see what they will say.  He also said :if one person says they are in A and not in B, it's logical that someone will try to find out if B is the truth.

Krystal Holloway-George's Alleged mistress
*Walks in looking angry. Wonder if she will help or hurt.*
Uses River Cruz as an alias because her father used to call her "River" and her mother's maiden name is Cruz.  Met George at a tent when Caylee was missing in August 2008.  *Cindy struggling to be able to see her through spectators heads. George seems nervous and cracks his fingers*  Admits she had an intimate relationship with George.  He went to her house around 12 times.

Looks at jury when tells them that she had a heart to heart conversation with George. He was on couch. Said it was "accident that snowballed out of control." Said it was around Thanksgiving time.
KH: I told him I didn't think he could raise someone who would hurt her child.and that's when he said it was accident that snowballed out of control. Says relationship ended at 4th birthday balloon release.
She says police contacted her 2 years later. They asked if she knew George and if she had an affair with him. She says police had text msg's.  Holloway gave LE her phone and letters that George had written to her. 
Holloway read text from George on Dec 16 "Just thinking about you. I need you in my life."  KH: He didn't show up when supposed to after memorial, didn't call, upset that she was "good enough to sleep with but not call.Her sister sent him a rude message and she never heard from him after that.  Holloway says she informed guard gate not to let George in to her complex.  Baez asked Holloway if media was hounding her.-Sidebar 
When first asked about affair she denied it. She didn't want to get him in trouble.  She was scared and embarrassed. She didn't want media to find out. She was in a relationship when she was with George and when she told LE.  Finally told LE the truth after they saw the text messages. She was confronted by LE.
She was confronted by LE.  Gave interview to tabloid because they let her tell her complete story and not edit things to make her look like trash. Her twin sister got paid for the interview.

Cross Examination
Says that at the time of her meeting with George the Anthony's were well known. JA: "By time you INSERTED yourself into Anthony's life they were already celebrities, weren't they? You sought them out. KH: That's correct.  She gave interview to National Enquirer who paid and not others that weren't going to pay her. She felt NE was the only tabloid that would give her honest testimony. Holloway says her family was paid $4000 to talk with National Enquirer. JA: You felt National Enquirer was the one source you could trust to tell your story in fair, honest, non sensational way? KH: Well, he did JA: "You do agree story is much sexier that you're having an affair with George than just a friend? She says she DID have an affair with him. Sidebar when asked about letter George sent.
Holloway was in relationship similar to a marriage when seeing George, she said.  Sent letter to her stating her relationship was special to both him and Cindy and he even referenced her daughter and "husband".  JA: In letter, did he reference your being a friend to both him and his wife? Send letter signed by both of them? KH: Yes.  Ashton reading deposition to Holloway. She said not having affair under oath in Feb. 17, 2010.  Holloway says her sister went to Media with story.
*She is clearly lying on stand. Getting nervous and leaning forward on her arms.*  KH: In Feb when I told detectives, my sister went to media with it, so I spoke to LE and told them truth within a couple days.  Holloway cannot remember date when she changed her story.  Thinks she changed story that same week of depo. JA: Your sister goes to media with story...when does National Enquirer contact? KH:Don't remember. JA: How did contact with National Enquirer relate to changing story? KH: I had to change my story because the story had come out. I wanted no part of media.* In sidebar Krystal leans head on hands and starts to pick at her face.*
JA: What George said to you was, "I believe it was an accident and she tried to cover up?" KH: No, he did not. *She is trying not to cry*  Ashton reads statement she originally gave to police. In it she said George said Casey tried to cover up accident.He believes it must have been an accident. She reads from statement: "He said that 'I really believe an accident, went wrong, she tried to cover it up."JA: George never told you he was present or knew that to be the case? KH: George did NOT say he 'believed' it.  Holloway shakes her head no on the stand. Ashton asks if George told her he was there during "accident." She says he didn't say that.
Sidebar (5) called during Holloway's testimony re: George allegedly pushing Casey against wall. * she removes her blazer* 

Holloway on redirect agrees her statement was taken out of context.  JB: He told you while he was telling the world [Caylee] was missing, that is was an accident. KH: yes.  I never went to anybody. [Detectives] came to my door.  Holloway states she does not have a criminal background.* Shakes her heads annoyingly when Ashton objects*  JB: Why did you go to Enquirer? KH: Because I didn't want story to be edited. He gave me chance to tell story in full.

Holloway cries as Ashton approached her on the stand.  Ashton asks her to read statement from Feb. 17, 2010.
Ashton had Holloway reading her statement in Depo where she quoted George as saying " I really BELIEVE it was an accident"
Holloway in statement said George said: "I never thought it would escalate to something so big."Agrees he never said he had anything to do with Caylee's death and that he believes Casey tried to cover it up.

Told police that he knew it was an accident. 

JA: I'm confused. Sustained  JA: "In statement you said 'like he knew?' " KH: "YES!" Holloway raised her voice at Ashton when answering yes.

ReReRe Direct
Baez wants to show Holloway something on the computer. Ashton objects. Sidebar.
Before jury entered from break:
JA: Stipulation for jury that Holloway testimony only offered in ref to George testimony, not to be considered for way Caylee died. Holloway statement is no proof of how the child died.  JB: "That's what this is. Just more blah, blah, blah, blah, blah"  Judge says it's evident an instruction needs to be given to jurors.  JP:"We have two trained lawyers that can't even agree as to what the motive may be or may not be.  How can we expect the jurors, who are not trained lawyers, to understand it?"
Baez wants some modification...wants the part about "can't be considered as proof for how child died" taken out. Ashton pointed out that George has been impeached plenty enough already-defense didn't use it for impeachment. JA: Significance isn't really to impeach George but to put before jury in hopes they take it for more than it is.  Baez argues instruction means jury should all but disregard what Holloway said.  JP: "They can believe or disbelieve Mr. Anthony, or any other witness. He says he will give instruction that includes language saying can't use as proof of how child died or Casey guilt/innocence.  "Even the lawyers can't agree what the law is or what it means. I am charged with that responsibility." Baez said language judge added puts defense in worse position than state's proposed language did. Perry said instruction will be read as is. He said if he did anything wrong- he'll be graded later if it comes to that. As in appeal.

Jury returns
Dominic Casey-PI  *Blue Pen, circles circles?*
Baez asks if he is showing witness a Google map. Dominic says: "Yes sir. Like I pulled up a google?"
Baez wants to talk again about where exactly he searched in the woods (Suburban Dr) a month before Caylee's remains were found.  Dominic Casey points to areas on the enlarged map.

Cross Examination
Casey says he sent map to psychic. He is trying to show (by best guess) where he went into woods.  The map has pins marking location. Dominic Casey marked it the day he searched area (3 years ago).

 Jury shown news footage video of command center from Aug. 2008.

Video shows a closeup of Henkel brand duct tape.  * So what? Yes, it was in the house and Casey used it! She got rid of it! ASK HER WHERE IT IS!!!!*
George Anthony
Asking George if duct tape seen in video from search command tent was his. George saw video. He says it could have been someone else's duct tape.  Says he doesn't know where video was taken.  Baez gives address. George says it wasn't that location.  JB: "Sir you didn't recognize that location as being close to your home?" George said command center at Publix not at John Young Parkway.
Sidebar (9) called during George testimony about dog named Mandy in Ohio. Henkel tape is produced in Ohio.  GA: Yes, dog named Mandy. Dog had to be put down. Baez is asking how dog was buried. George brought dog home - wrapped a blanket around it - put it in plastic bag.Baez asks if Duct tape used.This happened before Casey was born.  George says he doesn't remember. Says it was 30 years ago. Next questions are about dog named Bo.  Baez asks if Bo was buried in bag, blanket and wrapped in duct tape.  Casey was 4-5.  JB:  Was Penny the cat buried same way? Ginger the dog? Cinnamon. Misty?  George says no dog by that name.  Baez asked if when George found how Caylee was found - did he tell law enforcement that's how he buried pets? Obj- sidebar
 Sustained no more questions.

Cross Examination
JA: Mr Anthony, have you ever taken a dead pet and thrown it in the swamp. GA: No Sir. Excused. He glares at Baez when walking past him.

Cindy Anthony
*Again repeats the words "So help me God, Yes" *
Talks about how Mandy died and buried.  
Cindy says Mandy (dog) was her first baby. When she died,  vet wrapped dog with blanket and black plastic.  Cindy says vet prepared dog Bo for burial. Was in black plastic with tape.  Lee was in 1st grade and Casey 4 years old.  Cindy is explaining how other pets were buried. Almost all had something like towel or stuffed animal and then wrapped in plastic.  CA: Put Penny the dead cat in 2009 in a bath towel then in plastic bag, then packing tape, then buried.Baez asked if she ever told him she used duct tape to wrap pets? -Sustained

Cross Examination
Did not euthanize pets with chloroform. Sustained.  Asks if duct tape was put on nose and mouth. Cindy: no  Burdick said Casey a senior in high school and she helped in wrapping dead pets at the time.  Cindy said burial procedure was a family tradition.  Cindy said tape placed on top/bottom of bags to keep things from coming out.  They would mark spots in yard. Walks down and does not look at Casey.  Cindy kept emphasizing how they put "special" items with the pets. Like "special" items with Caylee, I suppose.

Lee Anthony 
Baez asks Lee Anthony if he remembers Mandy dying. He does not. *Where's the sexual abuse Baez?!*  Lee Anthony remembers Cinnamon in black plastic bag and duct tape used to secure bag.
Basically said mom and dad were responsible for burying dead pets.

 While court went to lunch, Casey beckoned for someone in the gallery to come over to her. Eventually after lots of speculation everyone found out that apparently it's another attorney.

*Casey seems to be extremely joyful today during recess*

Casey herself says she doesn't want to testify.  Casey wishes to NOT testify, she tells Perry.  Judge asks Casey if it's her decision not to testify. She replies, "Yes sir." JP: Understand solely your decision? CA: Yes.
The jury now knows the defense is ready to rest. Stipulations are being read to the jury.  Will offer business records of Henkel duct tape.

Defense Rests on Day 32!  State said rebuttal case will take less than a day.
Jury out of room at the moment.
Judge addressed defense's claim of discovery violation for material from Cindy's prior employer. Mason argued Gentiva records for Cindy's employment. CM: State knew it was Cindy who made those computer searches and waited to subpoena records now.  He says the defense is prejudiced by the violation. 
Burdick said they are only seeking to introduce 1 page into evidence - also deleted emails from Cindy's work acct. She said they have log-in/log-out record for Cindy for that week & docs showing deleted/sent/rcvd emails from those 2 days Cindy claimed that she did not work.
 State wants to blow holes in Cindy's claims she did computer searches for chlorophyll/chloroform.  Gentiva's John Camperlando (Executive) from Atlanta ready to testify, Burdick said.  CM: "This is not to be a trial by ambush."  Mason says in all Cindy's depos and releasing of discovery never did they bring up witnesses claiming Cindy falsely testified. CM: You must not reward the prosecution and support prejudice in capital murder case. 
Perry asked about Cindy's depo showing times she was working. LBD: We spent majority of inquiry on computer searches on chloroform. 
 Cindy said she only searched chlorophyll. JB: Not complete response. Cindy also mentioned chloroform and ingredients. Sims has started to review documents at lunch but not ample time. JP:  When did you get records? LDB: Yesterday afternoon. JP: When did you notify defense & provide copies? LDB: Yesterday morning.  JP: is this an issue State of Fl knew when they took depo? LDB: I did not anticipate she would dispute the accuracy of her work records so extensively.Cindy said she only searched chlorophyll. JB: Not complete response. Cindy also mentioned chloroform and ingredients. Sims has started to review documents at lunch but not ample time. JP:  When did you get records? LDB: Yesterday afternoon. JP: When did you notify defense & provide copies? LDB: Yesterday morning.  JP: is this an issue State of Fl knew when they took depo? LDB: I did not anticipate she would dispute the accuracy of her work records so extensively.  JP: Other than impeaching her testimony, what prejudice would defense suffer if records brought in? JB: Severely punished  because we'd be presenting false evidence and defense certainly didn't knowingly do so.  JB: If we call her on sur-rebuttal she might take 5th. It's way too late, close of case, we've rested.  We don't want stigma attached to defense that we're submitting false testimony.  JP: Unfortunately counsel can't rely upon what witnesses will tell them.  Counsel cannot predict if witnesses will go south with their testimony.  Judge Perry said this may cause all of her testimony to be stricken.  Baez said this is, "No simple issue." Said they will need to have their own experts look through these documents just handed over.LDB: I would never argue JB was trying to dupe jury. If any prejudice at all, can be cured by Baez talking to witness. JP: When Cindy took stand, did you know she was gonna say home vs. work? JB: Yes. JP: You knew she would testify that work records were meaningless? JB: Yes, sir.
Perry rules no discovery violation. State will be allowed to present work records to jury. Baez looked down and pressed his lips together. JP:"Trials are supposed to be about a search for the truth. Juries are supposed to be given sufficient evidence."  Judge says he will instruct jurors about credibility and weight of people's testimony.
Judge says in fairness of the defense he is going to give them rest of day to talk with man from Gentiva.  JP:"I don't think it's any big surprise that somebody wasn't going to to go out and get these records. " The man has a prior engagement (doctor's appt.) but Perry says he will make him miss it.  Perry wants to know more about witnesses medical concurs. Can he miss appointment or come back to Orlando etc. Sims left to interview witnesses and Cindy followed with her lawyer.   Court is currently at ease.
Ashton wants to pass can (smell) around and give jurors option to smell it if they want to.  Ashton wants to rebut defense witnesses who testified the smell in car was trash not decomposition. Second rebut witness will testify as to its authenticity.  JA: I can't find anything that would prohibit jurors from smelling evidence if they want to. Each would have to smell it, though.JB: Nothing Ashton presented gives guidance to court that for first time in FL, jurors should smell and become lay witnesses. JB: Appears Ashton didn't understand your instruction in jury selection and would have to provide case law, not from CA/Guam.

 Judge cites case laws and tells Ashton to sit down.  "I'm not done talking."
 JP: that would violate Casey's due process rights and 6th Amendment rights. Judge will not allow smell tests nor the expert to talk about the can.

Someone just stuck middle finger at Ashton. Taken away by deputy.

*Storm action is intense over here in Florida! God doesn't seem too happy with Casey! I keep looking at the flag outside my window to make sure it doesn't rip off the side of the house. Yesterday had a blackout and lost everything in my blog! Thank goodness for note taking *

Alina Burroughs-OCSO CSI
 Photos introduced into evidence. No other questions of the witness. Not clear what photos show, other than clothing.
Burroughs identifies photos she took of clothes collected during a search warrant. She says they came from Caylee's room.

Judge is allows photos/docs to be entered into evidence before the jury
Now, officially, the suicide letter is introduced into evidence. The jury takes their time and reads all the pages of the letter  *Later blog will have transcript of letter*
Total silence as court reads letters.
"I cannot be strong anymore." he says he misses Caylee Marie so much. He writes "I want my family back."George (in the letter) writes he got a gun to scare people. "Sure that will not bring Caylee Marie back, but was Casey threatened? I miss her. I miss her so much. I am worried for her. Her personal safety is always on my mind"  He writes "Cynthia Marie you have always deserved more...."I sit here empty inside for her."  He ends the letter with "Caylee here I come. Lee, I am sorry"

Casey just looks at letter and Ashton. Sims asst. keeps talking to her.  The Anthony's are not in the courtroom.

Judge excuses jury and tells them they will begin deliberating on Sat. afternoon.  Sat. morning the court will hear closing arguments.

Anthony's return. George wipes tears.
Perry takes up some other issue. Asked deputy for photograph. Talking to court spokeswoman.

A man who put his middle finger up earlier in session is in front of Judge.. Matthew Bartlett is 28 Years old. Judge Perry is showing Bartlett pictures. It's pictures of him putting up his middle finger.  This young man flipped off Ashton during lunch. Told the Judge it means the "F word" Perry dealing with him now.  Has only graduated HS. No further. JP: "You see this sign? Can you read and write?"  Bartlett said he read sign on door that said no gestures in court. JP: "Was there anything about that that you did not understand sir?"  Perry asks why he shouldn't he held in contempt of court. He apologizes. He says it was something stupid. JP: "There was a reason why you decided to extend Mr. Ashton the courtesy of extending your middle finger. What did he do to deserve the middle finger?"
Kid says he's a server at TGIFriday's at Millenia Mall. Perry asks if he realizes FL taxpayers are spending a lot of $$$ and his actions put everything that's happened at risk.  Perry says his actions could have jeopardized all the work attorneys have done.
Perry finds him guilty of direct criminal contempt and sentences him to 6 days in jail. Deputies put him in handcuffs. $623.00 fine. Judge Perry made him explain all his financial information and gave him a public defender for appeal.  *That's what happens when you let someone see you flipping the bird. That's why we hide it! LOL*
6 days in jail and $623 fine of guy who gave Ashton the finger in court. Taken away.
Jeff says out loud, "What did I do?!?!"

Baez wants a subpoena for Gentiva records. Perry grants motion for subpoena.

Court in recess

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