Friday, July 1, 2011

Court is back on and Baez still continues to be hated!!!!

After this morning's recess, court was set to resume a little after 1:00 pm est. It is now 1:14 pm est and here I am ready to report the case as it comes along!












*While waiting for the trial to start, the THUNDER HAS RETURNED!!! Someone up there is anxious for this to end, huh?!*
Baez entered courtroom and apologized to everyone. *Awww what a softie! Psshhhh..please!*
 *personal note: Mason looks very much like Colonel Sanders today*

Housekeeping Matters
Baez wanted to make a "potential" objection to first witness.  He said witness might not be the one who actually downloaded the records (assume the Gentiva work records). Judge Perry said there's an exception for business records. 
 
John Camperlengo-Chief compliance officer for Gentiva Health and Cindy's former employer
LDB: Does Gentiva have document retention policy? JC: Yes, most are patient files.  Cindy and George just arrived at courtroom.  They are wearing matching color shirts. (United?)  Camperlengo said company policy to retain emails for certain periods of time in their Kansas office.   LDB: Emails received, deleted by employees maintained? JC: Yes.  He said emails can be retrieved by user ID#They are also time stamped recorded.  OCSO asked him to retrieve phone, computer activity,and other items in regards to Cindy.  Judge Perry read stipulation to jurors. Tax documents and records from Gentiva. Camperlengo IDs Cindy employee profile. and reads ID #  cmantho9 . Cindy shakes her head no. (seem familiar?)  Camperlengo IDs Cindy's emails from week of March 17, 2008.  Camperlengo said emails were sent from Cindy on work system March 17-21.

Cindy is looking at monitors and writing notes. George resting his mouth on hands.  Records appear to show Cindy logged in from 8am-5:30-6pm eastern on key dates.  It also showed that she worked everyday from the 17th -the 21st.  The "Job Info" category shows if it was a work station as opposed to lap top. She was on work station.  He says not all employees are required to log on. He says log on shows "Unity system" will be activated. Baez is rocking in his chair and looking up at the ceiling. JC: If out of system for more than 5 hrs. it would log user off.    George looks like if he can't believe Cindy would be so stupid.  Casey just has the same gremlin look.  Jury looked at Cindy 's journal report from same week. It's all the entries in Gentiva's system.Cindy keeps shaking her head no.  If it is proven that Cindy lied on the stand, ALL her testimony could be stricken from the trial.  Records show she was at work the whole week!
Casey stared at Baez for a few seconds! Busted! *Reminder there are nurses on the jury and juror # 2 is an IT Manager*  He said they can't exactly tell you what was done (identity of patient) but can show activity done by person who was logged in terminal.  JC: Someone hit enter button on patient record at 2:27 p.m. on Mar. 21, 2008. Premeditation has just been pointed at Casey's direction! She seems nervouse now! Keeps looking at Baez! 


Cross Examination
Baez asked Camperlengo if state asked for these records before. He said no. He was first asked June 24, 2011.

Deborah Polisano-Nurse and Director for Gentiva. Cindy's Supervisor
Ran the Winter Park office.  Cindy was Manager of Clinical Practice.  Cindy had a cubicle and didn't have to be in and out of office to perform work.  Office job.  Said Cindy was capable, hard-working employee, not take 2-3 hour lunches.  Polisano smiles when Frank George asks if she was a hard boss. *She's very pretty and nurse-like. Also has a soft voice.*   Polisano says other employees could use workstations but they would have to log in under their name.  Polisano smiled at a juror and looks at Cindy. DP: Cindy cannot log in through laptop or VPN acct.  Mr. George asked her if she ever changed Cindy's time card. She says no. 
FG: If employee gone for extended time, who would have to do their job? DP: Generally, I would. FG: And you'd remember? DP: Yes.  Mar. 14, 2008 shows paid time off, but lists Cindy as if she was there. Protocol at Gentiva.  Cindy's time card report says on March 17th she worked a total of 10 hours. March 21, 2008 it shows she worked for 9.5 hrs. FG: Ever a time Cindy was allowed to be at home with comp time, yet records reflect she was at work? DP: No. FG: Illegal to do that? DP: Yes  FG: Bank of America near Gentiva? DP: Yes, few blocks. 

Cross Examination
JB: Employees can run errands? DP: Yes. JB: Were you shown BofA receipt? DP: No. JB: Show you anything from BoA for Cindy? DP: No.  Baez asks about the day Cindy went to tow yard to pick up car. Polisano says Cindy was gone for an hour or so.  JB: Reviewed her records for July 15? DP: No. JB: So don't know if she logged off? DP: She was on it when she left/on when got back.

ReDirect
FG : If you needed to do someone else's work, you'd use your own name and password? DP:Oh, yes.

Dr. Bruce Goldberger-professor and director of toxicology at UF
 Routinely contacted by Medical Examiners across state to analyze evidence. Dr G contacted him for this case.  Baez calls sidebar while Goldberger lists items he examined.  Casey starts looking angry.  Goldberger took samples that included bone, marrow, prepared washes from cranial cavity, strands/mats of hair.  He was in autopsy room with Dr. G.  He said the cranial wash sample was collected via saline wash of sealed skull.  BG: Nothing in skull cavity to suggest decomposition of the brain.

Cross Examination
George got up and walked a bit in the back of the courtroom during a sidebar by Baez after Ashton objected to his asking Goldberger if he collected Bone Marrow.  Says saline wash is a crude manner but that it's the best way to search inside skull with out breaking the structure of the skull.   Ashton looks at fingernails while Baez questions. JB: You're not DNA analyst? BG: No. JB: Didn't send the samples for analysis, did you? Obj/sustained. JB: Can I approach? No, sustained.
Witness almost falls while getting off of bench.  Casey's eyebrows perk up. 

Dr. Michael Warren-Forensic Anthropologist
No protocol that skull must be opened to examine skeletal case.  MW: Not necessary to open skull. You can see and feel inside skull through opening at bottom of skull. If you saw through a child's skull, you can create fractures, due to thinner bones.  Ashton shows Caylee's skull fracture and this time Casey is fine. Only after, does she she realize the jury and looks away. 

Ashton  put large pic of skull down facing Casey. She turned quickly. Baez got up and moved it. 

JA: Way to examine interior of skull w/tool through foramen magnum. MW: Certainly, a dental mirror or other mirror. JA: Have other skulls in lab under exam? MW: Yes. Warren says Spitz fractured the skull opening it. MW: No documents from scientific working group recommending sawing open skulls for exam.

Cross Examination
 Warren says he is not a doctor or a forensic pathologist.  JB:  You can't testify intelligently as to what pathologist should do? MW: No, I'm testifying as to what a forensic anthropologist should do, and this is an anthropological case in my opinion.  Sidebar. Casey starts crying.  Warren says he didn't review autopsy report or toxicology reports in this case.

Kevin Stenger-Guy in black, as Baez referred him to the Judge as. OCSO Computer Expert.
Stenger asked about computer searches at Anthony home. LDB: What is range of time for deleted Firefox history? KS: March 4-March 21st.  He IDs CD that contains Net Analysis and CacheBack reports for entire Firefox history. Baez objects, asked to speak to Burdick.  Baez wants only conditional use. Burdick says she offered it as unconditional because she will ask about documents on it.  Asked to search for chlorophyll, neck, hand sanitizer, bamboo, and Gentiva. 
  *BREAKING NEWS-Court Admin. reporting no court tomm. Closings will be on Sunday.  *

Stenger did wild card search for chlorophyll to catch any misspelled instances.  KS: Wild card search turned up "chloroform habit" Stenger says he found no reference to chlorophyll with any spelling.  Stenger said 'chlorophyll', 'sanitizer' did not show up in computer search.*Cindy supposedly did these searches and it led to chloroform*  Stenger is actually doing a search for words in front of jury.  *At this moment feedback sound started ringing loudly. Kinda eerie!*  Baez jokes it could be Cheney Mason's hearing aides.  KS: Google search specific to search 'neck breaking.' Typed in to Google NOT a pop-up.  Stenger says he didn't find any references to "bamboo" in deleted file search. KS: no reference to 'Gentiva.com' in Anthony home computer.  KS: File put into Microsoft Word and did search. No references found.  Found a reference for fleas. That would be the only thing in reference to dogs.



Cross Examination

JB: This neck-breaking thing, you're aware no one's neck broken in this case? KS: I believe that's correct. JB: After neck breaking, next entry is fightingarts.com, kung-fu site? KS: Some type of marital arts. That would have come up on search page and user would have to click link to go to the site.  JB: Can't say what's on the page unless you visit it. KS: Yes, sir. JB: You were contacted only after CA testified? KS: Yes. JB: Did you do searches for alcohol and peroxide? KS: No, but I know they exist. JB:That's why you didn't have to look for them? KS: Correct.

Sandra Osborne -OCSO Computer Tech
She searched Anthony family computer for certain keywords.  Osborne was asked to search for chlorophyll, hand sanitizer and bamboo.  Chlorophyll came up only in a dictionary reference in Microsoft Word.  Bamboo came up as searches for bamboo figurines, bamboo furniture, bamboo figurines, bamboo lamps, no bamboo as it relates to dogs. Hand sanitizer never appeared.  Gentiva logins not found.

Cross Examination
Osborne says deleted files can eventually be overwritten.

ReDirect
Overwritten information is obvious for techs to identify.  LDB: It's obvious to you when something's overwritten because it's fragmented? SO: Yes. 

 349 State's Exhibits!!!

Yuri Melich
Melich is looking over home phone records for the Anthony home. Melich IDs George's cellphone records.
Melich IDs Cindy's cellphone records from June 1, 2008 to July 2008.  Melich said no calls between Cindy to George June 16, 2008. *remember Cindy said she called him and asked about pool ladder being up*

 Cross Examination

Melich said he does not recall that George had multiple cellphones.*Holloway told reporter Vinnie Politan last night that George had several cell phones* Baez asks if Melich ever looked over records of George's work cell phone. Melich says no.  No further questions....wait, this is Baez, yes one more question: Baez asks Melich if he was made aware that Anthony's had "Boost" cellphones.Melich answered No.

Rebuttal finished


Sidebar
Casey reads through large book*Casey looks very drained today! HAHA.*   Judge Perry and court reporter just went back to jury room with jurors

Judge has handed paperwork to both sides of attorneys.
Judge Perry just asked Cheney Mason if they were going to call Miss Anthony up. Mason said no.
Dismisses jury and now it's time to hear motion for acquittal. Court will reconvene for closings Sunday at 9:00 am est. 
Renewed motion for mistrial based on duct tape skull video denied. Mason seemed shocked!
Mason renews recent mistrial motion regarding death penalty.  Perry reserves Judgment.
Questions of Caylee's death, how, when , where and why have not been proved by prosecution.  Mason says state has "mythically theory"that Caylee died from duct tape or poisoning.  Casey smiles and fakes tears when Mason says she was a loving mother. Mason says all state has proven is Casey told many falsehoods about Caylee.  Mason to state's evidence: "so what?"  Mason says in all 360+ pieces of evidence elements of murder, aggravated child abuse or aggravated manslaughter not proven. CM:No evidence child died from chloroform poisoning.  *I don't know who Casey is crying for! The jury isn't there! Does she think the judge is falling for this crap!?*
CM: Chloroform in car? Maybe. Proof that child was killed by it? No. Inferences stacked on inferences.  Mason again asks for acquittal of counts 1,2, and 3. State says jury should make this decision. LDB : Defense didn't present no new hypothesis for innocence. Judge Perry DENIED-Casey breaths in and looks down!
While attorneys and Judge joke around and talk about another case and scheduling, Casey just hangs head low!
Casey's angry:
http://www.wftv.com/video/28424275/index.html

Recess Until Sunday Morning! See ya then folks! Remember for the most detailed info. on this case, come to Mama Glenda! :)

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