*Note * State has rested on anniversary of Caylee's last day with her family. The defense will start its case on the anniversary of her disappearance and when they say she drowned in the family pool.
We're now quite a few minutes late due to a closed door meeting involving the lawyers and Judge
-The judge started off today by reading the stipulation concerning the July 2, 2008 tattoo (Bella Vita) of Casey Anthony
-The state has entered into evidence two cans containing swatches from the trunk of Casey Anthony's car.
-The State has now rested its case and is in sidebar.
Jury has been let go and will return tomorrow at 9:00 am
Baez and Mason handed a # of cases to the Judge as well as a memorandum, which the Judge has given a quick scan. Judge Perry is familiar will all the cases except 2.
Cheney Mason stands up to Podium
-defense seeks aquital
-Mason citing death penalty case he lost
* personal note- currently watching someone sleeping in the court*
-Mason says state hasn't proven anything beyond a reasonable doubt
It's common for the defense, when state rests, to ask for a "directed verdict", asking judge for "not guilty"
-Dr. G not being able to determine how Caylee died
-no evidence to establish when, where, how, who was with her when she died.
-Casey has a history of untruthfulness w/ family and friends. The lies about a Nanny started in 2006.
-evidence fails to prove premeditation, if there was a murder at all
-stacking of speculation but no evidence
Cites Tampa case of body wrapped in chains and floating in the bay. Said husband of victim in Tampa did not call police. Court in that case reversed 1st degree murder to 2nd bec. they couldn't prove manner of homicide.
-Dr. G speculates it's a homicide because she claims 100% of people report such things (referring to accidental drowning).
*personal note-I guess 2 year olds often go running into woods and duct tape themselves!*
-No prior evidence of abuse of this child. Mentions that all her friends talked about her being a good mother, even though she did lie.
Judge asks Mason if he is familiar with a prior case. Mason continues to run down each charge and explain why the state failed to prove it
Count 2 aggravated child abuse
Mason: no evidence that Casey ever tortured or abused her daughter.
Mason says everyone who took stand was asked if Caylee was mistreated or tortured and the answer was no
-mere presence on or near the remains is nothing stronger than a suspicion
*personal note: Casey has not stopped being annoying. Neither has her ears and the hair that tries to hide it*
-Mason speaks a little louder and says there's no evidence negligence caused the death of Caylee Marie Anthony.
-was not advised of Miranda Rights on the 15th of July
*This sounds like a closing argument
-no history of 'bad blood' between she and Caylee
-Mason says state tried to put a case together and went "poof" and waived his hands like he was finishing a magic trick
-Judge asks what evidence is there of an accidental death? Mason says right now there isn't... Yet.
*Does that mean Casey will testify?*
*Jury is outside of courtroom laughing loudly*
*person that was falling asleep, is gone from the courtroom*
-no motive, no evidence to state aggravated abuse. It demands and screams loudly justice of Aquital! Counts 1,2,3 should be dismissed!
Linda Drane Burdick at Podium
-says the law is the law. She says state isn't required to rebut every plausible scenario. Just to provide facts.
-to the suggestion of an accidental death theory : the evidence (including Dr. G'ss testimony) rebuts this hypothesis.
-Dr.G has already stated this was not an accident so has alleged witness George Anthony.
*Casey Anthony does not shake her head no anymore as she did in the beginning of the trial*
-A reasonable jury can conclude that Caylee died from poisoning of Chloroform and ducttape based on the evidence in trunk and how remains were uncovered
-the relationship between Mrs. Anthony and Casey did provide a motive for Casey to eliminate the child
-Ms. Anthony began preparation to eliminate child as early as March 2008 as shown in searches on computer
- jury can decide- Judge Perry doesn't have to.
-Defense's theory of drowning at this point is only argument and not yet presented as alleged fact through any testimony.
-This was an intentional act by defendant to cause death to child. Sufficient time had passed while placing 3 pieces of Duct tape on Caylee to realize what she was doing
-No evidence whatsoever of poisoning by chloroform.
-there hasn't been any testimony proving the child was poisoned.
-no link of Casey to duct tape
-George Anthony was the only one using duct tape
-toxicology reports showed no chloroform. And no evidence tape was actually on Caylee.
-Points to Casey yelling this evidence "has nothing to do with Casey Marie Anthony!!!"
Court is recessed and Casey actually winked at Mason while he leans over and rubs her back. As she leaves courtroom she smiles at someone in the gallery . Apparently it may be Cheney's wife or sister.
-Judge Perry cites case law where bodies weren't found or cause of death unknown and defendant was charged with murder
-Judge says it's not states job to rebut every theory of death.
-says from previous case it was up to a jury to decide whether premeditation exists.
Baez and Casey talk and she nods her head
Jose Baez is on his phone, Casey is looking at him. Cheney Mason isn't showing any facial expression
-Judge Perry says in this case there are more than 1 single act:: duct tape, chloroform, statements made by
And things continue... Defense will Present it's case starting tomorrow morning