Post by QuickAttack on Oct 10, 2008 14:00:14 GMT -5
SYNOPSIS OF OCTOBER 10 HEARING
Judge Stan Strickland heard numerous motions today from Casey Anthony’s defense attorney Jose Baez and his team in a two-hour hearing regarding child neglect charges against Casey Anthony related to her missing daughter Caylee Anthony. Strickland granted most of those motions and did not rule yet on the most controversial, which would allow Casey Anthony to travel in secret to “key points of interest.”
On the motion For Allowing Defendant To Travel To Places Of Interest in Secret, the court heard testimony from two witnesses called by Jose Baez. The first witness was Robert Haney of McDonald Bail Bonds, which put up part of the half-million-dollar bond for Casey Anthony. Haney testified that he would accompany Casey and Baez to any places they travel, day or night.
The next witness called by defense was Meg Hughes, Casey Anthony’s confinement field officer, whose testimony hurt Baez more than it helped him. She said that she allows Casey to leave home at 10AM to spend time at her attorney’s office every day, and that she must be home by 4PM. She said that this is a very unusual request, that most people on home confinement don’t visit their attorneys for six hours each day. She also said that Casey asked for time extensions twice this week.
Hughes most damaging testimony regarding Baez’ motion was that allowing Casey to travel to unknown places at random times completely defeats the purpose of home confinement and monitoring. Hughes stated that she has a responsibility to the court and the public to account for Casey’s whereabouts at all times, and if this motion is granted, she will not be able to do so. She also pointed out that the county will have to have deputies escort Casey any time that she is not being monitored, which will cost the county manpower and dollars.
Hughes said that the purpose of home monitoring is to keep the subject from fleeing, from committing any additional crimes, and from destroying evidence. Baez stated to the court that Casey should be allowed to take him to places that she took police. He asserted that she’s been a model participant in the home confinement program, and that the bondsman who will accompany them will prevent any attempt by Anthony to flee. He said that current restrictions impede Casey’s right to assist in her own defense.
The state opposed this motion because of it vagueness, in that Casey would be allowed to travel to unknown locations, and it would be impossible to monitor her while she’s out. They also mentioned that it would be a “huge administrative burden” to change the terms of Casey’s home confinement, and added that there would be no way to know if she attempted to flee, because, in essence, Baez would become her confinement officer.
Judge Strickland said that, “from a skeptic’s point of view” he was concerned that she could destroy evidence while out. Baez replied that he would in no way jeopardize his own ability to practice law in the state of Florida by allowing anything like that to happen.
The Orlando Sentinel attorney also spoke to the court, and said that information related to Casey Anthony’s whereabouts are public records and she doesn’t think that the defense has given enough evidence to seal records related to Casey’s location. She said that sealing this information would not be effective in protecting Casey’s safety.
Strickland said that he would take the motion under advisement and issue a ruling on it either later today or Monday.
The court next heard Baez’ motion to inspect, test, and photograph evidence held by the state. Of particular interest to Baez was the air samples taken from Casey Anthony’s car. The state countered that the car is not part of the evidence in the neglect case. Baez said that the car was an instrument of the crime of child neglect, and evidence from the car was one reason that Casey’s bond was set so high. The judge ruled that Baez can inspect the vehicle, but he cannot remove or destroy anything from the car.
On the motion to compel results of forensic testing, Baez specifically asked for cadaver dog records, including “veterinary records.” He also requested test results related to chloroform and body farm air samples. The judge denied Baez’ request for cadaver dog records and instructed Baez to use the tools of deposition and public information requests to gather that information. He granted Baez’ motion for access to test results on hair samples, chloroform, DNA, and body farm air samples.
The next motion brought by Baez was that the state provide favorable evidence to the defense. The state countered that Baez could simply depose Cindy Anthony, because she is the source of most of the tips they had received. Strickland granted Baez’ motion for access to past tips, and instructed the state to provide tips on any active investigations within a reasonable time.
Strickland next addressed Baez’ motion to compel Florida’s Department of Children and Families to supply defense any records related to Casey Anthony. The judge informed the court that he had no intentions of “stepping on the toes” of DCF, and said that Baez could depose first responders over any allegations of child abuse. Judge Strickland said that he will address this point at another time, when DCF has a representative present in court.
Next on the agenda was Baez’ request for a flight manifest related to a July 2 flight. The judge stated that this request was a moot point, because Baez already had access to this information, which had been provided to him by the state.
The next motion, a demand for discovery of digital forensic evidence, was granted by the judge. Baez wants access to images taken of Casey’s hard drive. The state had no objection to providing Baez with this data.
Baez’ next motion was for discovery related to polygraph examinations. The state contested that, since polygraphs are not admissible in court, it should not have to provide this information to Baez. The state was willing, however, to give Baez all statements made during the polygraph. Baez countered that he wanted not only those statements, but also information about the polygrapher, including his qualifications. The judge ruled that Baez could have access to the statements, but that he must depose the polygrapher to get any additional information he seeks.
Next addressed was the motion to preserve DNA evidence. Baez wants the right to have his own team of experts examine DNA evidence, and the court heard from defense expert Larry Kobilinsky by phone, who said that evidence can be destroyed during DNA testing, and that the state should preserve half a sample for defense testing, when samples are large enough to do so. The judge was a little stunned by this motion. He said, “I would expect the state and the labs affiliated with the state not to overuse or destroy evidence. I don't quite know what to say...it's the law.” He made no decision on this motion and will rule on it later.
The final motion to be addressed by the court was in reference to the “babysitter.” Baez wants the state to turn over all investigative work that they've done in reference to Zenaida Gonzales. The state said that they have no problem with providing information to the defense about the “phantom Zenaida Gonzalez,” as long as investigative work was complete. The prosecutor said that Baez is asking the state to conduct the investigation for him. “He has yet to avail himself of those things under discovery, which includes deposition of witnesses who may have done investigating. When those reports are completed, they will be turned over.” Baez responded that he wanted the whole binder of information on Zenaida Gonzales, not just “a sheet of paper.”
The judge instructed Baez that the state has met its burden to provide Baez with a witness list, and that he should not expect the state to do his work for him. Judge Strickland admonished Baez, “She (the state) just needs to provide you with the name of the investigator, and you're going to have to do the tough sledding from there. She has to give you what she has, and she's already given it to you, so you need to do a little leg work yourself.
Finally, the judge adjourned court, with, “That’s a wrap.” Strickland kept three motions under advisement, the most important of which is the motion to allow Casey to travel in secret to points of interest. He should rule on this motion later today or on Monday.
Sheriff's Capt. Angelo Nieves spoke briefly after the hearing and said that the sheriff's office will comply with the rulings of the court and will turn over documentation that were ordered.
"One of the things we'd like to know is where Caylee is. That's what our main goal has been since the beginning of this case," Nieves said. "The truth that we want is where is Caylee
The Anthony family released a statement shortly after the hearing adjourned. "Judge Strickland's decision today to grant access to all of the tips regarding Caylee's sightings is a victory for Caylee Marie. This is the first step in bringing Caylee home safely."
What is not known is how the motions will be affected by impending homicide charges against Casey Anthony. A grand jury is expected to convene for a special session on Tuesday, October 14, to hear evidence against Casey regarding possible homicide charges.
Screencaps from the hearing:
McDonald Bail Bonds representative Robert Haney:
img201.imageshack.us/img201/8591/roberthaneyng2.jpg/img]
Home Confinement Officer Meg Hughes:
Jose Baez addresses the court:
Judge Stan Strickland:
Motions (PDF)
MOTIONS 1-8
MOTION 9
MOTION 10
MOTION 11
Judge Stan Strickland heard numerous motions today from Casey Anthony’s defense attorney Jose Baez and his team in a two-hour hearing regarding child neglect charges against Casey Anthony related to her missing daughter Caylee Anthony. Strickland granted most of those motions and did not rule yet on the most controversial, which would allow Casey Anthony to travel in secret to “key points of interest.”
On the motion For Allowing Defendant To Travel To Places Of Interest in Secret, the court heard testimony from two witnesses called by Jose Baez. The first witness was Robert Haney of McDonald Bail Bonds, which put up part of the half-million-dollar bond for Casey Anthony. Haney testified that he would accompany Casey and Baez to any places they travel, day or night.
The next witness called by defense was Meg Hughes, Casey Anthony’s confinement field officer, whose testimony hurt Baez more than it helped him. She said that she allows Casey to leave home at 10AM to spend time at her attorney’s office every day, and that she must be home by 4PM. She said that this is a very unusual request, that most people on home confinement don’t visit their attorneys for six hours each day. She also said that Casey asked for time extensions twice this week.
Hughes most damaging testimony regarding Baez’ motion was that allowing Casey to travel to unknown places at random times completely defeats the purpose of home confinement and monitoring. Hughes stated that she has a responsibility to the court and the public to account for Casey’s whereabouts at all times, and if this motion is granted, she will not be able to do so. She also pointed out that the county will have to have deputies escort Casey any time that she is not being monitored, which will cost the county manpower and dollars.
Hughes said that the purpose of home monitoring is to keep the subject from fleeing, from committing any additional crimes, and from destroying evidence. Baez stated to the court that Casey should be allowed to take him to places that she took police. He asserted that she’s been a model participant in the home confinement program, and that the bondsman who will accompany them will prevent any attempt by Anthony to flee. He said that current restrictions impede Casey’s right to assist in her own defense.
The state opposed this motion because of it vagueness, in that Casey would be allowed to travel to unknown locations, and it would be impossible to monitor her while she’s out. They also mentioned that it would be a “huge administrative burden” to change the terms of Casey’s home confinement, and added that there would be no way to know if she attempted to flee, because, in essence, Baez would become her confinement officer.
Judge Strickland said that, “from a skeptic’s point of view” he was concerned that she could destroy evidence while out. Baez replied that he would in no way jeopardize his own ability to practice law in the state of Florida by allowing anything like that to happen.
The Orlando Sentinel attorney also spoke to the court, and said that information related to Casey Anthony’s whereabouts are public records and she doesn’t think that the defense has given enough evidence to seal records related to Casey’s location. She said that sealing this information would not be effective in protecting Casey’s safety.
Strickland said that he would take the motion under advisement and issue a ruling on it either later today or Monday.
The court next heard Baez’ motion to inspect, test, and photograph evidence held by the state. Of particular interest to Baez was the air samples taken from Casey Anthony’s car. The state countered that the car is not part of the evidence in the neglect case. Baez said that the car was an instrument of the crime of child neglect, and evidence from the car was one reason that Casey’s bond was set so high. The judge ruled that Baez can inspect the vehicle, but he cannot remove or destroy anything from the car.
On the motion to compel results of forensic testing, Baez specifically asked for cadaver dog records, including “veterinary records.” He also requested test results related to chloroform and body farm air samples. The judge denied Baez’ request for cadaver dog records and instructed Baez to use the tools of deposition and public information requests to gather that information. He granted Baez’ motion for access to test results on hair samples, chloroform, DNA, and body farm air samples.
The next motion brought by Baez was that the state provide favorable evidence to the defense. The state countered that Baez could simply depose Cindy Anthony, because she is the source of most of the tips they had received. Strickland granted Baez’ motion for access to past tips, and instructed the state to provide tips on any active investigations within a reasonable time.
Strickland next addressed Baez’ motion to compel Florida’s Department of Children and Families to supply defense any records related to Casey Anthony. The judge informed the court that he had no intentions of “stepping on the toes” of DCF, and said that Baez could depose first responders over any allegations of child abuse. Judge Strickland said that he will address this point at another time, when DCF has a representative present in court.
Next on the agenda was Baez’ request for a flight manifest related to a July 2 flight. The judge stated that this request was a moot point, because Baez already had access to this information, which had been provided to him by the state.
The next motion, a demand for discovery of digital forensic evidence, was granted by the judge. Baez wants access to images taken of Casey’s hard drive. The state had no objection to providing Baez with this data.
Baez’ next motion was for discovery related to polygraph examinations. The state contested that, since polygraphs are not admissible in court, it should not have to provide this information to Baez. The state was willing, however, to give Baez all statements made during the polygraph. Baez countered that he wanted not only those statements, but also information about the polygrapher, including his qualifications. The judge ruled that Baez could have access to the statements, but that he must depose the polygrapher to get any additional information he seeks.
Next addressed was the motion to preserve DNA evidence. Baez wants the right to have his own team of experts examine DNA evidence, and the court heard from defense expert Larry Kobilinsky by phone, who said that evidence can be destroyed during DNA testing, and that the state should preserve half a sample for defense testing, when samples are large enough to do so. The judge was a little stunned by this motion. He said, “I would expect the state and the labs affiliated with the state not to overuse or destroy evidence. I don't quite know what to say...it's the law.” He made no decision on this motion and will rule on it later.
The final motion to be addressed by the court was in reference to the “babysitter.” Baez wants the state to turn over all investigative work that they've done in reference to Zenaida Gonzales. The state said that they have no problem with providing information to the defense about the “phantom Zenaida Gonzalez,” as long as investigative work was complete. The prosecutor said that Baez is asking the state to conduct the investigation for him. “He has yet to avail himself of those things under discovery, which includes deposition of witnesses who may have done investigating. When those reports are completed, they will be turned over.” Baez responded that he wanted the whole binder of information on Zenaida Gonzales, not just “a sheet of paper.”
The judge instructed Baez that the state has met its burden to provide Baez with a witness list, and that he should not expect the state to do his work for him. Judge Strickland admonished Baez, “She (the state) just needs to provide you with the name of the investigator, and you're going to have to do the tough sledding from there. She has to give you what she has, and she's already given it to you, so you need to do a little leg work yourself.
Finally, the judge adjourned court, with, “That’s a wrap.” Strickland kept three motions under advisement, the most important of which is the motion to allow Casey to travel in secret to points of interest. He should rule on this motion later today or on Monday.
Sheriff's Capt. Angelo Nieves spoke briefly after the hearing and said that the sheriff's office will comply with the rulings of the court and will turn over documentation that were ordered.
"One of the things we'd like to know is where Caylee is. That's what our main goal has been since the beginning of this case," Nieves said. "The truth that we want is where is Caylee
The Anthony family released a statement shortly after the hearing adjourned. "Judge Strickland's decision today to grant access to all of the tips regarding Caylee's sightings is a victory for Caylee Marie. This is the first step in bringing Caylee home safely."
What is not known is how the motions will be affected by impending homicide charges against Casey Anthony. A grand jury is expected to convene for a special session on Tuesday, October 14, to hear evidence against Casey regarding possible homicide charges.
Screencaps from the hearing:
McDonald Bail Bonds representative Robert Haney:
img201.imageshack.us/img201/8591/roberthaneyng2.jpg/img]
Home Confinement Officer Meg Hughes:
Jose Baez addresses the court:
Judge Stan Strickland:
Motions (PDF)
MOTIONS 1-8
MOTION 9
MOTION 10
MOTION 11