Casey defense team files motion to dismiss case

Casey defense team files motion to dismiss case

Sarah Lundy
Sentinel Staff Writer

5:27 p.m. EDT, September 17, 2009

Excerpt:

The latest filing in the Casey Anthony murder case on Thursday was the boldest to date.


Anthony's defense team is asking Circuit Judge Stan Strickland to dismiss the case.


. . . . . .


defense attorneys also filed an amended motion about a change of venue.



. . . . . .


The defense wants a protective order prohibiting the jail from videotaping attorney visits with Anthony at the jail.


. . . . .



And it wants the jail to destroy videos of Anthony and her fa


. . . . .



The defense filed a document asking the judge to grant a previous request from the state, which asked for a transcript of Casey Anthony's father's s testimony before the grand jury.



Read more: http://www.orlandosentinel.com/news/local/breakingnews/orl-bk-casey-anthony-defense-motions-091709,0,3657298.story

Lawyers Want All Charges Dropped In Anthony Murder Case

Thursday, September 17, 2009 5:33:29 PMReported by Jacqueline Fell

Escerpt:

ORLANDO - The latest bombshell in the Casey Anthony murder case came in form of a court motion asking for all charges to be dropped.
. . . . .

The motion filed Thursday afternoon seeks dismissal of all charges because evidence was not properly preserved.

According to the motion, "the state deliberately misled the court and delayed formal identification of remains so it could obtain exclusive control of the crime scene through Dec. 19, 2008" the date the medical examiner announced the remains belonged to the little girl.

. . . . . .


Defense lawyers said exculpatory evidence was not preserved and that violate Casey Anthony's rights. Exculpatory evidence supports a defendant's claim of innocence.

Anthony's lawyers contend the state erred by tampering with the victim's remains and excavation location before the defense could bring in it's own experts.

. . . . . .

They contend Casey Anthony's rights were denied because lawyers can't effectively confront and cross examine witnesses.


Read more: http://www.cfnews13.com/News/Local/2009/9/17/reported_by_jacqueline_fell.html

Read Motions filed 09/17/09:

Amended Motion For Venue Change
http://www.wftv.com/pdf/20972634/detail.html
Motion To Dismiss Due To Spoliation Of Evidence
http://www.wftv.com/pdf/20972702/detail.html
Order To Directing Jail Videos Be Destroyed
http://www.wftv.com/pdf/20972696/detail.html
Motion Prohibiting Videotaping Attorney Visits
http://www.wftv.com/pdf/20972622/detail.html
Response To State's Request On Discovery
http://www.wftv.com/pdf/20972653/detail.html

Casey Anthony case: Casey defense team files motion to dismiss case



Sarah Lundy Sentinel Staff Writer

8:02 p.m. EDT, September 17, 2009


Casey Anthony's defense team asked that the murder case against her be dismissed because the state prevented her attorneys and their experts from properly inspecting the scene where her daughter's remains were found, according to court documents filed late Thursday.

In addition, Anthony's lawyers asked Orange Circuit Judge Stan Strickland to stop the Orange County Jail from videotaping her visits with them and with her family.

Several videotapes of Anthony's jailhouse meetings with family members were released to the media last year under Florida's public records laws.

The requests were among a slew of defense motions Thursday.

Anthony, 23, is charged with first-degree murder in the death of her 2-year-old daughter, Caylee Marie, who disappeared last summer. She faces the death penalty.

Caylee's remains were found Dec. 11 in a wooded area less than a mile from the Anthony home in east Orange County.

State investigators and experts examined the crime scene, including removing foliage and sifting through dirt, for more than a week.

The defense team and its experts were allowed to inspect the area on Dec. 19.

"Without access to crime scene before the state removed the remains and topsoil, Miss Anthony was unable to gather evidence regarding the precise arrangement of the remains and the surrounding landscape," attorneys Jose Baez and Andrea Lyon wrote in the motion. "Without this evidence, defense experts cannot effectively examine or challenge the conclusions made by state experts."

In case Strickland isn't inclined to get rid of the case, defense attorneys added Broward and Palm Beach counties to an earlier request of Miami-Dade County as possible venues. The trial is not scheduled but could begin next summer.

As for the jail's video practices, the defense wants the to halt monitoring and disclosing any "communications" that Anthony has with her attorneys and that it "destroy all video or audio tapes or reports" of those meetings. Jail officials have said videos of client-attorney meetings do not have audio.

Anthony's attorneys say she wants to visit with her family -- brother, Lee, and parents, George and Cindy Anthony -- without the meetings being recorded and those recordings being released to the media. She was arrested Oct. 14 and has visited with them in jail since.

"Because all the videos have all been released in their entirety, many blogs, newspapers and radio stations have analyzed every detail of their conversations," her defense attorneys wrote in the court document.

Her defense team argues that she needs her family support and releasing videos of their meetings could be an attempt to punish her and it hinders her trial preparation.

Also:

-- The defense agreed to the state's request for a transcript of George Anthony's grand jury testimony. He testified before his daughter was indicted for murder.

-- Her attorneys also filed a response to prosecutors' request for evidence supporting a defense claim that someone other than Casey Anthony placed Caylee's body in the woods. Anthony's attorneys wrote that their claim was based on documents, pictures and video provided by the state.

http://www.orlandosentinel.com/news/local/breakingnews/orl-bk-casey-anthony-defense-motions-091709,0,3657298.story

Video Report: http://www.cfnews13.com/MediaPlayer2/MediaPlayer.htm?video=0917CaseyMotions_091720090725&cat=CAC&title=Motion%20To%20Dismiss%20Case