In day 35 of this case, the state is expected to finish their rebuttal closing arguments and jury will then begin deliberations after given instructions by the Judge. Lee Anthony has not been since in the courtroom and Cindy and George as always are sitting in their seats next to each other. Casey looked animated as she waited for the trial to start.
Baez objects to state being able to split argument between two prosecutors. Judge Perry said if they exceed rebuttal, proper objection is "improper rebuttal."
Happy 4th! Ashton says jurors will hear from both Ashton and Drane Burdick during rebuttal. Science can't be understood by simplistic concepts, easy phrases. Up to you to decide which experts to believe. Forensic pathologists and anthropologists related fields. You've heard from Drs G, Utz, Schultz, Warren, Spitz. What do all agree on? Nothing in bones that tells us anything about how Caylee died. Mandible/skull shouldn't be together. They also all agree that the mandible and skull were held together. Drs said only thing that could've held together was tape. Tape had to be on skull before she decomposed. Spitz's alternative was that someone came along, picked up skull/mandible, took them away, duct taped them in place and returned to scene. You heard that testimony; up to you to decide if reasonable.
Remember that Spitz said medical examiner's office staged hair on skull. When shown scene photo, accused LE of same. Spitz's scenario inconsistent with theory defense presented to you. Other area of disagreement was sawing open skull. Spitz said violation of protocol not to do it, sloppy. On cross exam, he wasn't able to say where protocol found. *Baez looks annoyed at some of Ashton's rebuttal, but he gets no more chances to address the jury.* Dr Warren said it's not protocol; in fact, it's contraindicated because skull can break, especially with child's skull. Other issue those Drs disagree on is brain dust/residue. Spitz said there was residue he visually ID'd as brain dust. Tests were run...it wasn't brain dust. Arrangement of hair mass also not consistent with his theory of decomposition. Spitz acknowledged it's common sense to learn circumstances surrounding death. All he remembered was there was a pool.
Ashton said Dr. Warren Spitz didn't know details of case. Garavaglia's testimony credible. He says the experts they (State) called were credible and accurate. Ashton now talks of entomological evidence. Ashton said state, defense entomological experts disagree on trunk evidence. Entomologist Haskell, practicing 30 yrs v. Huntington, practicing 3 yrs. They agree body initially decomposed elsewhere. And the "early" flies could not get to her. She was then dumped in the swampy area. Both agree June/July 2008. They disagree about whether trunk would have excluded early colonizing flies. Haskell says it could have. Huntington worked with dead body in trunk, so did experiment and rendered opinion trunk wouldn't exclude. Up to you who to believe. Ashton now explains chloroform testimony in the case. Vass/Wise look at environmental air samples. They felt chloroform shockingly high, low parts per million range. *Baez is taking some notes as Ashton talks with the jury.* Rickenbach tested spare tire cover; was packaged in air permeable pkg, but even so, still some chloroform. What's interesting is that his estimate, using a control to test, is also in low parts per million. He also said first time .he'd ever found chloroform in solid object, always liquid before. First time any had seen chloroform from carpet. Chloroform would've been far greater initially. Anthonys aired out car; chloroform volatile, evaporates quickly. Shouldn't have been chloroform in that trunk, but it was there. Dr. Sigman said while incidental creation possible doesn't happen in a vacuum; other compounds are created. But there's none of that, no constituents of cleaning products.
Ashton now talks about decomp odor. Dr. Vass is an unapologetic Science Geek! He loves what he does, has great scientific curiosity. Judge by his experience, who he is. Ashton's strategy is to show how state, defense experts agree on the science. Both Vass & Furton agree the chemical signature from car consistent with decompositional event. Don't disagree with much except the conclusion. Vass, based on 30 yrs working with decomp/bodies, could find no other plausible explanation for it. Furton wanted to say it was garbage. Baez told you officers removed something from the garbage; they didn't. There was no food then, no food now. All the imagination in the world is not gonna change that. Defenses own expert, Furton, agreed no way what was in Velveeta box couldn't have caused. It was from Caylee. *Some people have been wondering if Casey was given drugs since she has been REALLY expressionless during Ashton's testimony. Extremely stoic. More than usual. *
Casey used chloroform on Caylee and duct taped her. Important for you to know M1 is "either" premeditated OR felony murder.
Facts show beyond reasonable doubt this was premeditated murder of young child. But we know you can reconstruct events any way you want, so it's important to understand felony murder too - it results from aggravated child abuse. Ashton says even if it was an accident, it is still 1st degree murder. You've seen hours of video of George with Casey, sometimes with Cindy. Is there anything that shows George other than loving dad/GD? Nothing in any of those jail tapes that sugg. he is setting her up. More friction with Cindy than George. You cannot read this [suicide] letter and not see this man was in pain. Ashton says you can see him deteriorating as his handwriting changes in suicide note. Says George "out of his mind" over Caylee. This is the cry of a man who doesn't understand the world anymore. Ashton reads from George's letter.
Ashton finished and Burdick will resume.
Before Jury comes back from recess:
Baez tells judge computer records CacheBack report contains false info, state on notice testimony false. Burdick says Baez has already made his closing arguments. JP: I can't chase after arguments. "We'll cross that bridge when we get to it. Baez says he wants jurors to know. LDB says Baez already had chance to speak to jurors. Perry tells attorneys to prepare motion.
Linda begins her rebuttal:
Tells jurors she feels like that player who has the ball at the 1 yard line. She says it's a plus she gets the last word but she knows they are tired- they've been listening to attorneys nonstop. She says posters and pyrotechnics are not her style. When I told you in May what we would show you, I meant what I said. I didn't make promises I didn't keep. Mr. Baez told you his biggest fear was you'd make decisions based on emotions. I would never do that, Mr. Ashton didn't ask you to. We want you to decide based on what you've heard in testimony and exhibits you'll consider in deliberations. Don't mean this as any sort of insult, but my biggest fear is common sense gets lost in the rhetoric of the case.
You have to look at big picture here. We looked for people in jury selection who could see the forest for the trees. *Burdick has her notes on purple paper. Solidarity and also Caylee's favorite color* Baez used words like "liar, perjurer, fraudulent." Trial is search for truth, both for accused and victim. Lying perverts process. She says irony is rich that the biggest liar in the history of a courtroom accuses others of lying. *Wonderful! Casey must feel good that she is the best liar in the history of a courtroom!* When Casey wants to divert attention she accuses others. She's spent yrs lying. Spent 31 days. Baez suggested 31 days mean nothing. A lie told convincingly is still a lie. Baez has accused Melich, Forgey, Bloise, Dr. Vass, many other witnesses of being liars. He said OCSO was desperate. If there's anything OCSO was it was desperate to find a little girl; labored greatly to do it. Joined by FDLE, FBI, TES, people who had motive other than to find Caylee.
But it was all in vain. It was a lie.Casey's parents and brother were searching in vain. False allegations of child abduction nothing new. Invariably, as in this case, turns out to be family member. It diverts resources/attention away from perpetrator, buys time. Remember she told her mom she wanted "just one more day." Trying to buy time to concoct another lie, divert attention from self. LE was there to help. At Universal, they told Casey "you have 3 detectives here to help you...why are you lying to us?"
These are statements showing consciousness of guilt. She was buying time, like she'd done with parents/bro/friends. The 31 days are really meaningless? Mr. Baez suggested state just wanted to prove she was a slut?! Did I hear that!? Not true. She says Casey was lying about everything. Says her first statement to deputies- only thing true was Caylee 's birthday. What do guilty people do? The lie, avoid, run, mislead. Not just family, but police. They divert attention from themselves and act like nothing's wrong. Says that's why 31 days are important. Not to make you hate Casey but to show no way indicative of grief. What she was doing no way indicative of grief. *Casey is holding hands under the table with her lawyer, Dorothy Sims, according to reports.* She said in jailhouse tape it was time of desperation for her. She had no options. She ran from her family because those are the ones who would be asking her the questions. Friends easy to placate.
Casey's actions answer for you only question left at this stage -- "Who killed Caylee Anthony?" We know where she is. Question is no longer what happened to her. Question is who killed Caylee?
As I warned you in opening statements, as facts/circumstances changed over time, so did her lies. Got bigger, better. Baez in his closing would have you believe must be something wrong Casey because she has "imaginary friends." Those weren't friends, that was a lie. A lie designed for a specific purpose. Baez during closings -- interrupts Burdick to say, "May we approach?" Judge: "No"
Burdick says you know from the evidence this wasn't an accident. She walks over to Casey saying detectives asked her specifically. She then played audio from Melich interview at Universal. Melich mentions accidental death in audio. She maintained that Caylee was still alive. She then plays jailhouse tape of Casey saying "Surprise, Surprise" to drowning hypothesis of media.
In accident, people want them to live. They call 911. Says friends who are not parents call her a good mother. Of course, Caylee ran to Casey. Kids have unconditional love. While Casey provided food, clothes makes her a mother, "an adequate mother." It was the grandparents who took good care of Caylee, not Casey. If this was an accident she would have been found floating in the pool, not floating in a swamp down the street! Remains shows complete indifference to the child. Speaks volumes of how the person who disposed of her really felt about her. Burdick shows playhouse. This is how her grandparents felt about her. * extremely powerful seeing the house. My kids had the same playhouse. We bought it because we want them to be happy. We gave it up because it was moldy but we felt that. Parents want their kids to be happy and have everything they couldn't or didn't have growing up!* Playing audio tape of Casey calling Cindy from jail and cussing Cindy out for saying she didn't know Casey's involvement. Casey on audio tape is clearly obsessed with getting in touch with her boyfriend and not with Caylee. Casey's friend starts weeping about Caylee's welfare and Casey just keeps throwing out f-bombs demanding Tony's number. Casey to friend after friend cries about Caylee missing: "Oh my God, calling you guys a waste, a huge waste!"*I don't know how a caring mother can act like this if her daughter was missing or drowned!* Casey shakes her head as she hears herself on jail phone call. *WHY!? You made that phone call!!!*
All family is worried about is "getting Caylee back." She tells friend Zenaida has Caylee. Burdick says if you use your common sense and listen to that recording you will see Casey as a "pathological liar."
All Casey Anthony wanted is her boyfriend, not family. She texted Huizenga that dad ran over some animal. Trash bag placed there as a decoy. Car backed up to dumpster to keep people thinking it was trash that made smell. Now about the shirt: Big Trouble Comes in Small Packages. Indeed. The shirt kept in car. Cindy Anthony had not seen it. Burdick says someone at the Anthony home killed Caylee. They (defense) want you to think George. Burdick says no one had access like Casey. Casey has access to all these things. No one else tried to cover up and lie, and lie and lie. "Let's twist the knife in my mom a little more...in my dad, too" about implicating them in Caylee's death. Where is Caylee? She's dead in the woods. Who's life was better without Caylee? Was Cindy Anthony's life better?Burdick plays Cindy's 911 call. (dead body one)
Who's life is better? She then shows a pic of Casey dancing next to the tatto picture of Bella Vita! * AWESOME!!!!*
Break for Jury
Break and Baez files motions for mistrial based on statements by Ashton and Burdick. DENIED!
Judge says he will excuse alternates. They will leave out the same door with other jurors but separated immediately. Alternate jurors will stay in courthouse away from other jurors. He says he will talk with alternates about people trying to book them on tv.
Judge Perry resumes court by reading instructions to jury.
JP:1st degree state must prove: 1. Caylee is dead. 2. death caused by Casey Anthony 3. Premeditated. Everyone must agree state proved first degree.
Judge Perry reads all the elements of each charge. It's tedious but so important. Jury must find all elements for guilty verdict.
Your verdict finding the defendant either guilty or not guilty must be unanimous. The verdict must be the verdict of each juror, as well as of the jury as a whole.
For two centuries we have agreed to a constitution and to live by the law.
Instructions lasted about 40 minutes. Casey, and Cindy looked emotional as jury was led away. George just kept licking his lips. All we can do now is pray that justice will be served and Caylee's killer will be found GUILTY!
Jury has begun deliberations at 12:09.