Casey Anthony hearing hints at defense strategy march 13

The defense in the Casey Anthony case claims fibers in the accused mother's car show it wasn't fully processed

By Sarah Lundy | Sentinel Staff Writer
March 13, 2009

Casey Anthony at hearing

Casey Anthony leaves an Orange County courtroom under heavy security after a hearing. (RED HUBER, ORLANDO SENTINEL / March 12, 2009)

The note Casey Anthony's father, George Anthony, wrote the night he threatened suicide will not be made public.

No sanctions were issued against prosecutors handling the case against Anthony, a 22-year-old mother accused of killing her daughter, Caylee Marie.

And defense attorneys must first ask the FBI and other crime labs for notes before they again ask the judge to intervene.

Orange Circuit Court Judge Stan Strickland decided a hodgepodge of issues during a 90-minute hearing Thursday afternoon.
Nothing shocking emerged, but the hearing hinted at the type of questions Anthony's defense team might raise in the future.

Her lead counsel, Jose Baez, learned while questioning an Orange County sheriff's crime-scene investigator that it's common practice for the investigator to destroy notes after writing reports.

Baez also pointed out that defense expert Dr. Henry Lee found 17 hairs and several stains while inspecting the trunk of Anthony's car. The state allowed Lee to examine the vehicle last fall — months after sheriff's investigators collected evidence from the vehicle.

"It tells us that the car was not completely processed at the time it was allegedly processed by law enforcement," Linda Kenney Baden, one of Anthony's attorneys, said after the hearing.

Forensic issues such as these will come up at trial, the attorneys promise.

The courtroom was packed with reporters and onlookers. Casey Anthony's parents, George and Cindy Anthony, took their usual seats in the front row, behind their daughter.

Casey Anthony, who is required to attend all hearings, sat quietly between Baez and Baden. Her hair was pulled back, and she had changed from a jail-issued uniform into a white cardigan atop a dark shirt and dark pants.

Brad Conway, the attorney for her parents, addressed the release of the letter George Anthony wrote Jan.23 before he threatened suicide.

He said it had nothing to do with the investigation and would embarrass the family.

The judge agreed without heated discussion.

Much of the hearing was focused on a white bag removed from Anthony's car by investigators. Baez claimed defense expert Lee, who traveled to Florida to inspect the car, was not notified that the bag had been removed and sent to a lab.

He also claimed the prosecutor did not alert them about two expert witnesses who had examined the bag.

But Orange County sheriff's crime-scene investigator Gerardo Bloise said he did inform Lee of the bag and its location.

Strickland denied Baez's request for sanctions.

Other issues — requesting notes from FBI and other crime labs — were handled quickly.

Strickland told the defense to ask the labs for the evidence-gathering techniques before filing any motion.

Baden had argued that the FBI and others never gave out that kind of information to private attorneys but would follow the judge's instructions.

"We want all our motions granted," Baez said after the hearing. "If they are not, we will continue fighting step by step."
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