Judge: Out-Of-Town Jurors For Casey Trial / Hearing Summary

Judge: Out-Of-Town Jurors For Casey Trial

Posted: 6:46 am EDT May 10, 2010
Updated: 10:27 am EDT May 10, 2010

ORLANDO, Fla. -- With hearings scheduled for both Monday and Tuesday, it is expected to be a busy week in the case against Casey Anthony and Judge Belvin Perry wasted no time Monday, ruling on one motion less than an hour into the hearing.

Casey Anthony walked in to the courtroom for Monday's 9:00am hearing wearing a shiny, tan button down collar shirt and long pants around 8:53. She sat down next to attorney Jose Baez and the two briefly spoke, with Casey flashing a quick smile.

CASEY ARRIVES 05/10: See Images | Raw Video
COURT PHOTOS: Go Inside 05/10/10 Hearing
INTERVIEW: Jose Baez After Hearing
05/10 HEARING: Part 1 | Part 2 | Part 3
VIDEO REPORT: Casey In Court For Hearing
MOTIONS HEARD: Venue Change | "Party Pics" | Dismiss Indictment | Exclude | Compel
PARTY PICS: 'Controversial' Photos Of Casey

The hearing started with a discussion of the defense request to change the location of the trial (read motion).

The state told Judge Belvin Perry that they do not necessarily object to the defense request and that they are willing to wave an attempt to seat a jury in Orange County. Prosecutor Linda Drane said they could argue against it, but are choosing not to.

With that, the judge gave Baez an opportunity to speak, despite the state choosing not to object.

“Every now and then a case comes along that is just different,” Baez argued.

Baez told Judge Perry that he wants to move the case to specific parts of Florida, due to demographics and awareness of the case, specifically suggesting south Florida while arguing against north Florida. Baez made his arguments for nearly 15 minutes, during which time Judge Perry interrupted him and asked him to get more focused.

Baez concluded his arguments with a video presentation he created showing a series of video clips of both news coverage and other clips. The video was highly-emotionally, showing confrontations outside the Anthony home and fan video blogs.

“Other than your objections to the 4th Judicial Circuit, do you have any other objections?” Perry ask Baez when the presentation ended.

Baez suggested that his only other objection is the 1st Judicial Circuit (Pensacola).

The state then was given a chance to speak to Baez’s arguments. Prosecutor Linda Drane argued that the judge should give priority to any county matching the Orange County demographic when selecting a jury and argued that there was no reason, since the jury will be sequestered, for the trial not to be held in Orange County using an out-of-town jury pool.

Drane also asked the judge to consider a gag order for all the attorneys in the case.

Baez was then given one last chance to speak and he added Hillsborough County as a county he'd prefer not be considered for the trial or jury pool because of its proximity to Orange County.

“The defendant’s motion for change of venue will be granted at the appropriate time,” Perry announced after a short sidebar with both parties.

Judge Perry said he will rule at a later time as to the location for selecting a jury and said he’ll take into consideration both side’s arguments in selecting a site and at some point he’ll contact jurisdictions as relating to jury selection.

“The jury will be sequestered. They will be brought back to Orange County. They will be kept at an undisclosed location,” Judge Perry said. “I will be entering a gag order [for the attorneys]. I will be doing that at a sufficient time.

”He also said he had no concern over protesters, if there were any, and said the sheriff’s office and police department will deal with any issues if they arise.

The judge then asked to discuss the hearing the defense filed to have the "party pics" of Casey Anthony excluded from evidence for the trial (read motion).The defense is arguing that the photos do nothing to prove whether Casey was or was not a good mother and, therefore, have no relevance.

“To assume that a person is a bad person because they go to a night club, or they drink a beer,” Baez argued, “ is completely unconscionable.

”The state, though, argued that they photos should be allowed, both the photos of Casey before and after the date of the alleged incident in June 2008.

“The court will defer ruling,” Judge Perry said after hearing both side. “The state and the defense, since you are required to exchange photos with each other, I’m going to give you till March 2011 which photos you are intending to use. We shall have a hearing no later than the 31st of March to go over those photographs and hear any other arguments you might have.

”While Judge Belvin Perry next deferred any specific decision on a "motion to exclude" (read it), he then quickly denied the defense motion to "dismiss defective indictment" (read it) without hearing arguments from either site. Both had already presented their arguments in writing.

The court then began discussing a "motion to compel" filed by the defense (read it) seeking certain documents they feel have not been turned over to them. Judge Perry asked Baez to specifically go over what he was seeking.

"This has been an ongoing issue," Baez argued to the court after the prosecution suggested it was giving them everything it should. Both parties then went back and forth regarding the documents the defense feels they deserve but haven't received.

“We will table this one here and, uh, if there’s an expert witness for bench notes, list that expert saying you haven’t gotten it and I’ll have the state file a written response,” Judge Perry said, adding that Baez will get 10 days to submit and the state will get 10 days after that to respond.

At Tuesday's hearing, Judge Perry will hear motions related to the death penalty.


http://www.wftv.com/news/23503932/detail.html

http://www.wesh.com/caseyanthony/23503688/detail.html

http://www.clickorlando.com/news/23503687/detail.html

http://cfnews13.com/News/Local/2010/5/10/where_will_caseys_trial_be_held.html

http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-hearing-motions-20100510,0,6943252.story

http://www.myfoxorlando.com/dpp/news/anthony_case/051010-Casey-Anthony

http://wdbo.com/localnews/2010/05/casey-anthony-defense-party-pi.html