Casey Anthony asks judge to throw out Zenaida Gonzalez's punitive damages claim

Casey Anthony asks judge to throw out Zenaida Gonzalez's punitive damages claim
Anthony also seeks to prevent Gonzalez from arguing her children suffered from being linked to the high-profile case.

By Jeff Weiner, Orlando Sentinel
6:42 p.m. EDT, October 9, 2012

Attorneys for Casey Anthony in a pair of new court filings continue their attempt to limit testimony in her upcoming civil defamation trial, and also to limit the amount of money Anthony could be ordered to pay if she loses.

In a motion filed Monday, Anthony's lawyers ask the judge to throw out Zenaida Gonzalez's claim for punitive damages — essentially, an additional penalty meant to punish Anthony.

Based on the evidence and argument presented in the lawsuit so far, "there is insufficient evidence to support a claim that Ms. Anthony is personally guilty of intentional misconduct or gross negligence," Anthony's defense says.

Gonzalez filed suit after Anthony told detectives a similarly named nanny had kidnapped 2-year-old Caylee Anthony, in 2008. Authorities interviewed Gonzalez, and she was linked to the case in the media.

Anthony's defense argues the crux of the suit is a visit Anthony's mother, Cindy, made to her daughter while Casey Anthony was in jail.

Casey Anthony, Gonzalez's lawyers argue, told her mother Gonzalez had not been ruled out as a suspect in Caylee's disappearance, and Cindy Anthony relayed that information to reporters, thrusting Gonzalez into a media firestorm.

Gonzalez "must allege and prove that both [Cindy Anthony] and [Casey Anthony] participated in the egregious conduct" in order to have a viable claim for punitive damages, the new defense motion states.

"[Gonzalez] has failed to plead or prove that...Cindy Anthony, purposefully or recklessly uttered a false statement about her," Anthony's defense argues.

In a separate filing, Anthony's lawyers also asked Circuit Judge Lisa Munyon to prevent Gonzalez's lawyers from arguing at trial that Anthony's actions had a negative effect on Gonzalez's children.

In interviews, Gonzalez has said that being linked to the ultra-high-profile case upended her life and affected her children. But Anthony's lawyers argue the effect on Gonzalez's children is irrelevant and inadmissible.

The defamation case is currently set for trial in January. Anthony, 26, was acquitted on all major criminal charges in the death of her daughter after a high-profile murder trial last year.

http://www.orlandosentinel.com/news/local/casey-anthony-trial/os-casey-anthony-limit-testimony-20121009,0,6102633.story