Wednesday, March 2, 2011
The Three Anthonys went to Casey Hearing Today
10:18 am EST March 2, 2011
Updated: 6:47 pm EST March 2, 2011
ORLANDO, Fla. -- An emotional hearing on several motions in the case against Casey Anthony wrapped up Wednesday evening with attorneys prepared to head back to court Thursday.
Casey walked into the courtroom at 9:05am, wearing a red sweater and dark slacks. She was accompanied by her lawyers. Casey's parents were both on hand to testify in the hearing.
CASEY ENTERS COURT: Raw Video | See Images
CASEY CRIES IN COURT: Images | Video
DETECTIVE TESTIFIES: Pt. 1 Of 4 | Pt. 2 | Pt. 3 | Pt. 4
INSIDE THE COURTROOM: Casey, Cindy, George
VIDEO REPORTS: Casey Anthony Back In Court
CINDY TESTIFIES: Part 1 of 3 | Part 2 | Part 3
GEORGE TESTIFIES: Part 1 of 2 | Part 2
MOTIONS: Cindy's Testimony | To Quash
BELICH: Motion To Strike From Witness List
BILL SHEAFFER: Analysis Before Hearing
READ: Motions To Be Heard March 2-3
911 CALLS: Dead Body | Turn In Casey | Caylee Gone
The first discussion was a motion to quash on the subpoenas for jail employees.
The Orange County Corrections attorney started by bringing up the jailhouse video showing Casey's reaction to Caylee's remains being found. However, it's a moot point since the state isn't going to use it; as a result, the jail wants the subpoenas of Orange County jail employees to be dropped.
Casey's attorney, Jose Baez, also shared his opinion on the jail attorney's comments. As a resolution, Baez is expected to meet with the prosecution about needed interviews.
Attorneys also discussed the sequestering of George and Cindy Anthony during hearings and, ultimately, the trial. Perry said it will be case-by-case, but offered to let them testify first so they would be able to listen to the rest of the hearing.
Cindy was called to testify shortly thereafter and Casey began crying as soon as her mother was sworn in.
The prosecution is trying to establish a case for law enforcement discussions with Casey and her statements made the night, and following day, when her mother called 911 in July 2008. The defense believes they should be suppressed.
Cindy was visibly upset on the stand as she struggled with questions from prosecutors about whether she wanted her daughter arrested when she learned of Caylee's disappearance.
"Seeing your daughter is very traumatic, being handcuffed and taken to the car," Cindy said on the stand about the night Casey was arrested.
The prosecution was not playing softball with Cindy and pushed her hard to help them support their argument that Casey's comments to law enforcement are admissible and should not be suppressed, which is what the defense is fighting for.
"I tried to get Casey to take me to Caylee," Cindy said.
"Then you wanted deputies to find Caylee?" prosecutor Linda Drane-Burdick asked.
"Yes," she said. "It was a very difficult night, evening for me that day. I'm not stupid. This is very unsettling for me."
Cindy stepped down from testifying and Casey seemed to do everything she could not to look at her mother as she got down from the stand. As Cindy walked past Casey, Cindy looked over and Casey just stared down at her papers.
At about 10:55am, George Anthony took the stand to testify. As George took the stand, he appeared to blow a kiss toward his daughter as she seemed to try to hold back tears.
Questions went right to the night deputies were first called to the Anthony house.
"I asked what was wrong. She said Caylee was missing. 'Someone has Caylee,'" George said. "The topic was about Caylee and trying to find where she was at."
Baez pressed George about how Casey was taken into custody and whether she was read her Miranda rights. The questioning was directed at whether Casey voluntarily went with a detective looking for Caylee and whether the intention of detectives was to look for Caylee or to charge Casey with a crime.
"I know there were some unpleasantries. Answers about where my granddaughter was at," he said.
Baez also asked George to describe when Casey was handcuffed by officers.
"I walked outside with the deputy who had escorted my daughter," he said.
"How long was Casey in the back of the police car?" Baez asked.
"Maybe about 30 minutes to an hour," George replied.
George told Baez that Casey was taken out of the handcuffs and escorted back into the home. Later that evening, George said Casey and a detective spoke alone in her room. He said he did not know what they talked about.
Judge Belvin Perry set the tone of authority in his courtroom and kept both sides on track during George's testimony.
Prosecutor Linda Drane-Burdick was questioning George Anthony. The two started going back and forth over whether deputies responded quickly enough when Caylee was first reported missing.
Judge Perry stepped in right away.
"That's a sore subject between you and I and we can badger all day long," George said to Drane-Burdick.
"Excuse me, I am going to object," Drane-Burdick replied.
"Just a second folks, listen ... question, answer .... be quiet! Question and answer. Don't talk over each other," Perry stated.
George stepped down from the stand at approximately 10:47am.
After Orange County Deputy Ryan Eberlin briefly took the stand, Judge Perry called for a recess until 1:30pm.
When the hearing resumed, Deputy Eberlin was back on the stand. Casey's attorney, Cheney Mason, questioned Eberlin about what happened when he responded to a 911 call made by Cindy.
The defense said that Casey was wrongly handcuffed by a rookie deputy and is trying to convince Judge Perry to throw out evidence.
Deputy Eberlin admitted that he wrongly handcuffed Casey, and shortly after removed the handcuffs. Eberlin said that after the mistake was corrected, Casey was free to do what she pleased; she was not considered a suspect.
After Deputy Eberlin stepped down from the stand, Deputy Adriana Acevedo was called.
Deputy Acevedo was also asked to describe when she responded to the Anthonys' home on Suburban Drive. She also talked about when Casey accompanied Acevedo in her sheriff's office cruiser to the Sawgrass Apartments, where Casey said she left Caylee with her alleged nanny, Zenaida Gonzalez.
At 2:38pm, Judge Perry called for a 15-minute mid-afternoon break.
When they resumed, Detective Yuri Melich took the stand. Melich was asked by Baez about Caylee's disappearance and about the night officers responded to the home.
"I was unaware that she was placed in handcuffs," Melich told Baez when asked about Casey being taken into custody. "I was unaware of what transpired before I got there."
Baez proceeded to ask Melich about Casey's claim that she worked for Universal Studios. Melich escorted her to the park after she stated in a verbal and written statement that she was an employee there.
Melich stated that he believed she was lying about her employment. When they were at the theme park, employees could not find Casey in their database.
"I can't fathom that the mother of a missing child could lie about this," Melich said.
The hearing wrapped up a few minutes before 5:00pm. There were no decisions made on Wednesday regarding Casey's statements to law enforcement, and Judge Perry called for a recess until 9:00am Thursday with several outstanding motions yet to be discussed.
Casey goes on trial May 9.
BILL SHEAFFER ANALYSIS OF CASEY HEARING
WFTV legal analyst Bill Sheaffer said Judge Perry will not be as forgiving and calm as the previous judge on the case, who removed himself over an alleged relationship with a blogger. Judge Perry has a reputation for running a tight ship and his style is expected to keep the case moving.
Sheaffer listened and analyzed developments from court Wednesday. There are nine motions expected to be heard and Sheaffer said they're all important. He said Wednesday and Thursday's hearings will be vitally important in the case against Casey.
"It's the defense's attempt to limit that evidence and try to break the circumstantial evidence chain the state will use to try to convict Casey," Sheaffer explained.
The court spent hours on motion two, discussing Casey's statements with law enforcement after Cindy called to report Caylee's disappearance. The defense wanted that suppressed.
There are four motions to suppress or exclude statements or evidence in the case. Sheaffer told WFTV that all four are important.
"Why is it important? Because each and every bit of evidence is what's used to form that circumstantial evidence chain to show Casey was the killer of the child," Sheaffer said.
The defense, Sheaffer said, will try to break that chain that goes toward raising a reasonable doubt in the case.
Another motion seeks to strike the defendant's supplemental witness list.
Sheaffer said the defense failed to file that list on time, and now the court will likely weigh the people on that list on a case-by-case basis. Sheaffer said, in order for the defense to succeed, it must win at least a few of the motions.
WFTV will be in court Thursday to hear arguments over more significant motions, including a contempt of court case against Baez.