New motion hearing set in Anthony case

New motion hearing set in Anthony case
ORANGE COUNTY, Fla. (WOFL FOX 35, Orlando) -- A hearing to consider
three new motions in the Casey Anthony case was set late Thursday.


The court will hear two motions filed by defense attorney
Jose Baez and one by the State attorney’s office next Friday, January
30th.

One motions ask the court to give Baez and his defense
team access to the scene where the remains two year old Caylee Anthony
were found.

According to Baez, the site which is private
property now has a ‘No Trespassing’ sign on it and Baez said the owner
of the property has not returned his phone calls. The other motion will
compel prosecutors to turn over more documents related to the case,
specifically those from Equusearch, the Texas based volunteer group
that searched for the remains.

The motion filed by the state concerns issues with the defense witness list.

At next Friday’s hearing the trial date could be discussed.
VIDEO: Change in venue in Anthony case? VIDEO: Full interview with Rod Wheeler
Baez said he has also asked for a change of venue when the murder trial
is set for Casey Anthony the mother of the toddler who was missing from
last June until December when her remains were found.

The courts
said however that no paperwork has yet been filed asking for a change
of venue, nor is the state attorney’s office aware of any motion.

But if there was a change of venue in the high profile case, where would the trial be moved?

Barry Law School professor Leonard Birdsong said a change of venue has to be granted.

"There has been an awful lot of venom in this community," he said.

So
where would the defense think Anthony could get a fair trial? Defense
attorney Baez has left that a mystery saying he wants to keep that
private for now. Professor Birdsong thinks that’s a strange move.

"I have never heard of anything like that,” said Birdsong.

Baez
won’t be able to keep it quiet forever. Casey Anthony’s defense team
will have to file paperwork, make that change of venue request in
writing, for it to by a seriously considered by judge. And as for where
to hold the trial, that’s not up to Baez.

“He can say or in his
paperwork he can ask for another district to have it,” said Birdsong.
“But he doesn't have the final say. It's the court that makes this
decision."

Some of the cities that could be considered include
Jacksonville and Miami; large cities that can handle the crowds, the
media and the security that it would take to try the case.

Professor Birdsong however said he would take his chances somewhere else.

"I
was thinking Lee County, which is on the southwest,” he said. “Small
County real rural, that’s what I think. But where ever it is there is
going to be a lot of hoopla."

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