Yesterday Baez asked for a sidebar as soon as court started and today when Judge Perry entered Baez had some matters to deal with first among the defense team. Judge Perry did not seem pleased and reminded them that this was why he asks them to be in at 8:30.
Cindy Anthony
Baez says he wants to talk to her about the shorts found at remains site. You said shorts no longer fit her? CA: I testified that last time I saw her, she was in 3T size. Baez is trying to prove that Caylee would have put on those shorts because she wouldn't be aware of sizes. Baez asked if Caylee was growing fast; Cindy said yes, very fast. Baez wanted to show a video of Caylee. SIDEBAR -2 minutes in
It's the video of Casey lying on the floor playing with Caylee. She's putting Caylee on her knees like she is flying. Cindy wiped her eyes with a tissue. She says she's watched it hundreds of times. JB: Why do you believe that was taken early 2007, aside from Caylee's size? CA: I've watched it 100s of times. CA: Photos of me holding Caylee same day. I was wearing a Hawaiian skirt that I didn't wear after because it wasn't popular any longer. Baez shows photo to Cindy now. She says it's her backyard swimming pool. JB: Is that what looks like w/ladder connected? CA:yes JB: Does the ladder disconnect? CA: Yes. Baez asks her to telestrate how it's removed and she marks area where lifts off hinge. A new picture shows Caylee climbing ladder. Cindy is behind her helping her. Cindy says Caylee could climb into the pool by herself. Cindy says she would stand behind her for safe keeping. Next pic is of Caylee about to step into the pool with Cindy climbing up ladder behind her. Cindy is crying talking about next picture. It's Caylee getting into pool. Her feet are in the water. Caylee is wearing a life jacket. Caylee would swim 3-4 times/wk, Cindy said, and she always wore the life vest. CA: For most part, she'd wait for us. As she got older, would get more anxious to get in. We always had a life jacket on her.
Cindy says they taught Caylee they had to be with her if she wanted to go into pool. Life vest stayed in back patio. The next picture is Caylee opening glass sliding door- she is alone. She is wearing a little summer dress and tennis shoes. CA says there was no bar on the sliding glass door. JB: Could Caylee open doors easily? CA: Yes, she could. Casey wiped away tears as photos are shown.
Cindy says Caylee never left home without shoes. Cindy says she liked to wear shoes. *Personal note: If Caylee loved wearing shoes, wouldn't she still wear them if she went out by herself. She would have attempted putting flip flops on I would assume. * June 16, 2008 is the day the defense claims Caylee drowned in the pool. Cindy said that the ladder was up, door was unlocked, and side gate was open when she came home from work. She mentioned this to George and people at her job. When Baez asked if they were having marital problems 4th sidebar was called and judge asked for "special recess" for jury. Court in recess for 25 min smoke break.
Before Jury entered:
Judge: What is your defense? You can't use broad blanket of defense to get any and every thing in.Judge: That's why I admitted photos of Caylee climbing into pool, based on your opening. If your theory is ever-changing,maybe somebody needs to explain to me what your theory of defense is."
The judge wants to know because he has made decisions about admitting evidence based on what he believed to be def theory, in part the opening statement.
*Lee is in courtroom sitting next to George. Casey is staring them down. Looks crazier than normal!. Judge Stan Strickland is in the courtroom as well. He was the first Judge in this case.*
Cindy has been wearing purple these past two days. This is what I found out: People who like to consider themselves different from the common herd or unconventional often prefer purple. It is also a color meaning solidarity.
Jury Back. Cindy on Stand
JB: On July 16 2008, tell Melich about ladder left up on pool? CA: Yes. JB: Within 24 hrs of calling police? CA: Yes. JB: How many times advised LE you thought Caylee drowned in pool? Objection. Sustained. JB: Was this topic you constantly brought up with LE? LDB: Same objection. Judge: Approach sidebar. (he didn't sound pleased)
Cross Examination:
Talks about maintaining bedroom and birthday presents for Caylee when she was missing. Also talks about clothes being sold or stored when Caylee outgrew them. Caylee switched from diapers to pull ups in early 2008. She was potty trained but still carried diapers around when they went out. LDB shows a picture from the video that shows Caylee wearing a diaper or pull ups. CA: Looks like pull-up or diaper. LDB: You say she was wearing those shorts in April 2007? Yes. Hands photos to Cindy and asks if she recognizes those tags on clothing. Circo is a Target brand where they would often shop. Cindy did the laundry most of the time. Recognizes them to be tops and one pair of shorts. She recognizes them from Caylee's room. They were there in June 2008 and stayed there until seized by LE. LDB: What size clothing in Caylee's drawers? CA: I had 2Ts - those photos depicted 2Ts but I had 3Ts as well. Prosecution says that Caylee thinned out as she grew older. Cindy agrees.
*Any mother knows that sometimes clothes will fit even though the size would be smaller. My daughter up until recently wore skirts that fit her when she was 2 years old. She is currently five!*
Several pieces of clothing through Caylee's life that weren't kept in my house every day. LDB: Because packed in bag, backpack? CA: Correct. LDB: You have knowledge of diaper bag/backpack being placed in car when you took Caylee out to have change of clothes? Yes LDB: When was last time you saw those shorts? CA: Those weren't shorts I dressed Caylee in much, not 1 of my favorite outfits. Unless Casey had her in them, I don't recall seeing Caylee in them after 2007.
*Personal note: Maybe Casey put them on Caylee to show a message to Cindy. "You don't like them? Well here! I'll kill her in them!" *
Prosecution mentioned that ladder was heavy and sliding door would take some strength to open. Cindy agreed and said that Caylee was a well behaved child and listened to them. Cindy says gate would not have been able to be opened by Caylee. LDB: You testified finding ladder week prior to gas can incidents? CA: Yes. LDB: You said it's 16th, 17th? One of those two days. You called George? CA: Yes. LDB: You had to call him on his cell phone?CA: He had work phone, too, sometimes called that. LDB: Did you leave msg or talk to him? CA:I spoke to him, but not sure after I left a msg. LDB: As to June, you acknowledge you've made errors. Specifically, in your sworn statement to LE, date last saw Caylee wrong? CA: Yes. Prosecution asks if that week she worked everyday. Cindy says yes. LDB asks if she is sure. She answers she is sure. Casey continued to assert that child was kidnapped by babysitter. Cindy agrees.
ReDirect
Shown the same photos that Prosecution showed with clothing tags. Says they didn't sell all the clothing that Caylee had outgrown . She agreed. JB: Shorts Caylee found in were jean material? Cindy: A cotton type material. And knit is stretchier? CA: Absolutely. JB: Custom to go looking for clothes that didn't fit her anymore? CA: At certain times, like Christmas, holidays. Cindy was not overly strict with Caylee. Cindy thought she was above average.
Nobody looked over at Casey while stepping down or while walking up
Lee Anthony
Baez asks if he owned Sunfire at one point. LA: Yes, 2000-2005.He starts circling stains in trunk of car using same photo Cindy was shown yesterday. Stains were there since he bought car. He doesn't remember staining car, but he could have throughout his time owning it.
* Casey looks at him and tries to hold herself from "crying"*
JB: When first time you noticed Casey pregnant? Ashton: Objection. Sidebar.
Says he noticed she was pregnant early to mid 2008. *Yes, I wrote that correctly 2008! Lee said when he came out of bathroom and Casey was going in, her midsection was showing. Lee said he said something like, "Excuse me...what's that?" and asked his mom if Casey was pregnant because it looked like to him. SIDEBAR!
Baez corrects him about the years. Referring to 2005. *my daughters birth year!* Lee said in middle of 2005, when Casey picked him up at airport, noticed it more, was obvious she was pregnant.
Judge Belvin Perry reprimanded Ashton for objecting before question asked. Told him to sit down!
Right before Caylee was born parents acknowledged Casey was pregnant. He didn't go to the hospital when Caylee was born because he was hurt. *Casey and Lee get emotional* Says he was angry at Cindy and Casey, because he wasn't included in the revelation even after he asked. He didn't want to believe it.
Recess for lunch until 1:30
Baez patted an emotional Lee's back as he walked off the stand. Lee is comforted by Anthony lawyer and parents.
We begin with a sidebar. (#9) Including bailiff in it as well.
Cross Examination
Asks lee about the trunk photo. Stains pre-existent in trunk? Answers yes. JA: The large stain in center of trunk, about size of basketball, was not there when you owned it? LA: No, don't recall it JA: And car didn't stench when you owned it, did it? Lee chuckles and says no. JA: Were you asked to meet w/ state in prep of your testimony and you declined? LA: Yes. Lee says he reached out to Baez and had meeting prior to him testifying earlier this week. LA said he wanted to relate some information he learned to Baez. Ashton asks Lee to read his July 2009 depo about Casey's pregnancy (what he called "the bump"). Asked if he called her out on it. Lee said it wasn't his place to do it. JA: So in July 2009 didn't call her out, but today you say you did?
ReDirect
JB: You were asked about basketball size stain in trunk. Do you see one in photo? LA: Not size of Basketball, no. JB: See white powder there? LA: Yes, that's not what I'd consider stain. Lee telestrating stains he did notice again. JB: See your mother use entire bottle of Febreze? LA:Never. JB: See LE spray trunk with BlueStar? LA: No, don't know what that is. JB: Did you meet with defense anytime prior to trial? Let me rephrase. Meet with defense prior to testifying against sister? LA: No. JB: Advise us of any testimony you were going to give against sister? LA: No. JB:Testifying truthfully for state? Objection.
JB: Ashton said parents over the top happy prior to Caylee being born. Is that what you testified to in depo? LA: Believe so. Lee says his mom wasn't happy Casey was having a baby out of wedlock. He doesn't know if shower was before/after Caylee born. Baez mentions is sitting in court room different from sitting in state attorney's office. Tells Baez he cried 2 hours ago because he doesn't want his family to go through this and he doesn't want to be here. It is extremely difficult for him. At memorial for Caylee, he didn't want to believe that she was really dead.
ReCross
JA: Remember when you testified for state? LA: Yes. JA: How many times did Mr. George (prosecution) have to refresh memory with depo? LA: Probably as many times as today. JA: In direct by JB, did you need to refresh? LA: Don't believe so. Recall was fine for JB?
*So now Lee is a liar too!? This family is completely BIZARRE!*
Interesting cross from Ashton, painting him as cooperating more with defense than state. Unlike George, who met with state.
The Judge talks to jury about the hawk who hangs outside window after eating his lunch. Makes noise.
15 minute recess
Cindy Anthony
Caylee's baby shower was on the 27th of August. She got annoyed with Baez at this moment. It was held after she was born because Caylee came a month early. JB: When was Caylee's shower? CA: Was supposed to be Aug 13, but Caylee born on 9th, so postponed. Baez wanted Cindy to identify a photo. State objects. SIDEBAR! Objection sustained.
*Cindy seems more annoyed with Baez today. What happened Cindy? Everyone knows you're a liar, now!?*
Family and friends attended baby shower. Casey's ex-fiancee mother was also there. No guys were present.
On July 15, 2008 dispatched to Anthony home. Mason asked if he noticed odor when looking at Pontiac Sunfire. He says no. He handcuffed Casey Anthony and was instructed to remove them by Sergeant Hosey.
Cross Examination
She was handcuffed for 2-3 minutes and allowed to be free. She was handcuffed because Cindy informed him that Casey had stolen from her. Objection. Hearsay. Prosecution says door was opened. Mason calls sidebar. That makes 11!
* So they don't want jury to hear why she was handcuffed but they still brought this guy in!? SMART MOVE BAEZ!*
Brief legal matter-jury excused
Resume questioning without jury
Deputy says Casey stole credit cards and Cindy wanted to press charges against Casey. When she was placed in the car, Sergeant Hosey told him they were concerned about the kidnapping, not the credit cards. That was about 1:30 am; Melich arrived about 3:30-4:00 a.m. This happened before Corporal Melich arrived.
Judge Perry: Defense opened the door. The court will fashion a jury instruction to deal with this.
Jury brought in: Judge reads proposed instruction saying testimony is to explain why deputy did what he did; defendant not on trial for those acts.
LDB asks the same question and deputy gives the same response he did when jury was not present
Melich did not see this exchange. Once he arrived,deputy was not involved anymore with Casey regarding statements after this day.
Mason: Do you know a Linda Tinnelli(?). Yes, I do. LDB objects. Sidebar.
Jury removed again.
Mason makes proffer. Know Linda Tinnelli? EE:Met her through the case, yes. Was brought to his attn by TexasEquuSearch volunteer. {Texas EquuSearch is a volunteer group that helped searched for Caylee} Says Tinnelli was volunteer at KidFinders tent, kept the volunteer sheet or something. CM: Ask her about duct tape? EE: Yes, saw footage from local station. EE:Was told she said someone brought duct tape from home. Edwards went to her home - asked her about bugging a lamp and tape conversation she (Tinelli) would have with George and Cindy Anthony. Edwards said they may also have asked Tinelli to wear a wire. CM: Aware of any VM msgs left on Tinnelli's phone by GA? EE - I believe it was Cindy Anthony who left msg. CM: Recall what was said? EE: Not comfortable trying to say w/o the transcript of call.
Judge asked what relevancy does this have to theory of defense? Mason mumbled something and Judge Perry said "part 2 of this question:..." and mentioned the same question again!
CM: Reveals focus of investigation not only on defendant but others. Judge: Relevancy to theory? CM: Dysfunction after drowning and who did what to try to cover up. Judge: Able to get incriminating evidence? CM: No, she declined to do it. LDB: Obvious from proffer, sidebar it's designed only to get jury to speculate on LE motive.
Mason mumbles some more arguments to Judge and Judge Perry responds with "I think I have enough experience to know what goes to an argument."
This particular evidence does not go to theory of defense. Deputies testimony will not be heard. BAM POW KABOOM! TAKE THAT DEFENSE!
Judge says jury is being sent out on a "pop tart route" Wants to deal with things now before jury enters. Has no idea who the next witness is and what she is going to testify about.
LDB: Apparently, only evidence from witness will be saw George Anthony with duct tape of some kind that wasn't identified. We'll object. Judge says it doesn't go to admissibility but to the weight jurors want to give it.
Jury returnsLinda Tinelli:She volunteered with Caylee search at command center. Saw George with duct
tape
She says there was duct tape. They would tape tablecloths onto the table (windy) Also tape missing posters up with tape.
Yuri Melich-Lead investigator -recall
Melich left the home around 7 a.m., met back with her around noon at Universal Studios. Confiscated car after her arrest. Melich says she was arrested for elements of crime but he was ALSO worried about her harming herself. JB:After arrest, the investigation was focused on the car? YM:: Our focus was the missing child, and the also the car. Melich said it took a while for them to discover that Zanny did not exist. Casey kept talking about Zanny while she was in jail. JB:Told by everyone in home child went missing June 9, including by GA? YM: Correct. JB: Correct date June 16? YM:Yes Melich didn't know any of the Anthony's before this. Subpoenaed cell phone records of Casey, home phone, George's later on. Metropolitan Bureau of Investigation helped triangulate cell records for Casey . Not others in Anthony family. Melich says he only focused in on Casey 's cell phone records early on. Later he says he did Roy Kronk's as well. Melich interviewed Roy Kronk after the discovery of the remains. Questioning turns to Roy Kronk.Sidebar.
Kronk called in tip about Suburban Dr. Melich told another deputy to move on because it was "vague" and area had already been checked out. Melich says he has never seen duct tape with a stamp or logo on it, so that it was unusual to him. JB: You've never asked George Anthony about when and where he got the duct tape? Objection, sustained. Baez asks if Melich ever went back to ask George Anthony where duct tape with Henkel markings was? Melich says he didn't. Similar duct tape found in the Anthony home, on the gas cans. Baez asks if he determined gas can (with tape on it) was the can reported missing? He is looking at the can. The duct tape has since been removed. Melich is looking up when cans were collected. He thinks it was days within being told about George and Casey fight (over cans). Obtained statements from Roy Kronk's employers, friends. Took phone records in December but never took his computer.
Cross Examination
Melich answered questions about a "general tip" given to him by homicide detective.Was told location body was and where search dog had sniffed.
Jury excused for the day. Will resume tom. @ 9:00
JP: When is best guestimate to wrap up? Baez: Weds or Thurs. State thinks rebuttal case should take 1-2 days. JP: Only one lawyer will speak during rebuttal argument.What's the guestimate for closings? You can speak until you get tired or until the jury goes to sleep."
Judge Perry will likely give an order on Monday regarding closing arguments.
JB:We only have 2 weeks of phone records for Roy Kronk, Melich says he has months worth. Baez says he is "quite shocked" to hear Melich did inquire phone records of Kronk and George Anthony. Baez says if true it's a violation. Linda Drane Burdick says she is not aware of any discovery violation. She thinks they were included on a disc. She also says there was a court order on cell phone records to avoid a "fishing exhibition" (during Strickland days).
JP: If you need records, then try to get them, but its a little late in the day to going after red herrings.
William Rodriguez is brought up.
Baez says the Dept of Defense called Ashton. Ashton says he didn't reach out to DoD. Ashton says a Capt solicited him. Next thing Baez knew Dr. William Rodriguez did not want to testify because he was told he would be fired if he did. Baez says they will file a motion concerning this. Ashton says "bring it on""We will" was Baez' response!
Judge Perry said either we tell the jury the complete story, or we tell them to disregard his testimony and not speculate. Judge said he will find out if Rodriguez sought permission from Dept of Defense. JP said he's trying to decide whether to send the jury out for deliberations Friday evening, or have them fresh Saturday morning next week.
Judge read all the lesser counts against Casey. He said instructions for the jury will take about 45 minutes. Judge said jurors will be separated from one another once they get the case.
*Casey just zoned off during this whole transaction. Seems like it's FINALLY getting to her!*
Judge says an evidentiary hearing will happen either in the morning for 30 min or later. He says he will not interrupt trial.
Ashton walks over name/number of DoD Captain who called him. He slammed it down on defense table. Baez shrugged his arms and looked at him.
Off for the night!
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