Video of Hearing - Judge Allows Scene Search, Denies Motion To Recuse

Judge Allows Scene Search, Denies Motion To Recuse

Friday, January 30, 2009 – updated: 9:50 am EST January 30, 2009

ORANGE COUNTY, Fla. -- Casey Anthony smiled to her defense team when she arrived in court Friday morning for a hearing on several motions related to the first-degree murder charges she's facing.

Casey is accused of killing her 2-year-old daughter Caylee and has been in jail on no bond since October. A judge ruled Thursday that Casey will have to go to court for every major hearing in her first-degree murder case (read hudge's order)

CASEY ARRIVES: See Images | Raw Video
COURT HEARING: See Images | Raw Video (35:55)
WFTV ANALYST: Bill Sheaffer On Casey Hearing
JUDGE'S RULING: Read Judge's Order On Motion
TEAM COVERAGE: Casey Must Attend Court Hearings
JAIL VISITATIONS: Casey Anthony Visitation Log

The hearing began at 8:35am with Judge Stan Strickland quickly supporting the defense's motion (read motion) to gain access to the scene where Caylee's remains were found.

Sheaffer told Eyewitness News the defense team's insistence on examining the crime scene at this point defies logic.

"I'm some what mystified to find a logical point for this repeated motion to visit the crime scene. It can yield nothing of evidentiary value either to the state or to the defense at this time," said Sheaffer.

The second motion involved Texas EquuSearch (read State's motion), he group that searched for Caylee Anthony. Baez was seeking more information from the group about their searches. The judge said he would rule Friday afternoon, but said he would deny the motion if Baez couldn't provide more support for his arguments by noon.

A third motion, filed by the state and involving the defense's witness list, was determined to be moot due to an amended witness list that was provided after the state had already filed their motion.

The final motion involved Baez's emergency motion to recuse (read Baez motion). Baez filed the motion to have prosecutors working on the case thrown off. Baez said the State Attorney's complaint to the Florida Bar against him was prejudicial and an attempt to interfere with Casey's right to council.

But prosecutors argued (read state's response) that Baez's attempt to get them off the case is not proper and that the three prosecutors involved in the case were not involved in the complaint.

The judge denied the motion, saying he didn't see any basis that supported it.

The final matter of business Judge Strickland dealt with during the 35-minute hearing was regarding a trial date.

"Time isn't an issue for me," Judge Strickland told the attorneys, pointing out that he understands how involved the case has become.

No trial date was set, but Judge Strickland said a status hearing may be set for the end of February or early March.

Baez didn't want Casey to have to show up Friday morning for the hearing (read defense's motion), but late Thursday afternoon Judge Stan Strickland ruled otherwise.

"Being duly advised in the premises, the defendant's Notice of Objection is overruled, and the defendant will be required to appear at each and every court hearing with the exception of those matters previously noted," Judge Stan Strickland wrote in an order issued Thursday afternoon (read order).

Eyewitness News legal analyst Bill Sheaffer said he believes the judge wants Casey present in court so she doesn't later say she was deprived of her due process rights.

ttorney Jose Baez also requested (read motion) all fingerprint-related evidence, any DNA reports that show Casey's former fiancee Jesse Grund was not Caylee's father, and materials regarding the decomposing hair found in Casey's trunk. No hearing date has been set for that motion.

http://www.wftv.com/news/18601688/detail.html#-

http://www.wesh.com/video/18603796/index.html (48:37)