Hearing 7/15/2010

07/15/2010 . . . . . Hearing (2:00 PM) (Judicial Officer Perry, Belvin, JR) 07/15/2010, 07/20/2010

http://myclerk.myorangeclerk.com Case No. 2008-CF-015606-A-O


Motion:
Defendant's Motion for Reconsideration of Certain Prior Rulings by Disqualified Judge re: the Order on Defendant's Motion to Modify the Court's Order on Defendant's Application for Subpoena Duces Tecum for Documents in the Possession of Texas Equusearch

The Hearing on July 15th, at 2:00pm, appears to be for the TES records Motion(s). (I guess this is to replace the Hearing on June 17th which had to be canceled because Judge Perry would be Osceola County that day)

The Hearing on July 20th appears to be a Status Update Hearing at 1:30pm.

9th Judicial Circuit
JUDGE BELVIN PERRY, JR. / DIVISION 02
------------------- Schedule for Thursday, July 15, 2010 -------------------
2:00 pm 1 hr Case: 48-2008-CF-15606-O- Motion:
Defendant's Motion for Reconsideration of Certain Prior Rulings by Disqualified
Judge re: the Order on Defendant's Motion to Modify the Court's Order on
Defendant's Application for Subpoena Duces Tecum for Documents in the
Possession of Texas Equusearch

Casey's Mother, Brother Ordered To Testify

Posted: 8:29 am EDT July 6, 2010
Updated: 10:57 am EDT July 6, 2010

Excerpt:

ORANGE COUNTY, Fla. -- WFTV has learned that two members of the Anthony family have been subpoenaed to testify at a hearing in the case against Casey next week.

Both Casey's mother, Cindy, and her brother, Lee, were ordered to testify.

The hearing scheduled July 15 is about the panicked 911 call that Cindy made, which launched the murder investigation against Casey.

http://www.wftv.com/news/24154159/detail.html

Objection to Release Of Documents Related To Intended Defense Review of the Evidence.

Hearing 7/15/2010 2:00 PM ET:

• Order on Defendant's Motion to Modify the Court's Order on Defendant's Application for Subpoena Duces Tecum for Documents in the Possession of Texas Equusearch
  

• Admissibility of 911 Calls
  

• Release of Documents Related to Intended Review of Evidence
  

Will verify links as soon as they are available.


http://www.myfoxorlando.com/subindex/our_programs/live

http://www.clickorlando.com/video/19046963/index.html

http://www.wftv.com/video/23472159/index.html

http://www.orlandosentinel.com/news/local/caylee-anthony/orl-casey-anthony-hearing-video,0,3860178.htmlstory

http://www.cayleedaily.com/2010/06/casey-anthony-to-appear-in-court-tomorrow/

http://mfile.akamai.com/12909/live/reflector:20877.asx


Live in TruTV

www.wesh.com
www.wftv.com
www.clickorlando.com
www.myfoxorlando.com

hearing links will be posted but you can check these websites

ORANGE COUNTY, Fla. -- Chief Judge
Belvin Perry ruled late Thursday afternoon that Cindy Anthony's frantic
911 call about the smell of a dead body in Casey's car can be used in
her trial. The case against Casey was back in court Thursday afternoon
on the two-year anniversary of when Caylee Anthony was first reported
missing. Casey is facing a first-degree murder charge in her daughter's
death and a trial is set for next year.

CASEY WALKS IN: See Images | Watch Raw Video

CASEY CRIES: Images Of Casey Crying In Court

COURT IMAGES: Cindy, George, Lee And Others

VIDEO REPORT: Judge Denies Defense Request

911 CALLS: Dead Body | Turn In Casey | Caylee Gone

VIDEO REPORT: Casey To Attend Hearing


http://www.wftv.com/news/24267000/detail.html

wftv continued...

The main issue at hand Thursday afternoon was whether three 911 calls
made by Casey's mother would be permissible as evidence in the murder
case. The defense was fighting to have the calls disallowed as hearsay,
and the prosecution called both Casey's mother and brother to testify.
The defense lost that fight as Judge Perry ruled that all three calls
are considered excited utterances, creating an exception to the hearsay
rule, and will be allowed as evidence, therefore denying the defense
motion.Judge Perry, though, did give the defense one victory,
granting their request to keep the list of evidence, which they
reviewed over two days this week, sealed.Baez also asked Judge
Perry to seal an interview they did with a mystery state inmate and
wants Casey to be able to come to court without handcuffs on. Judge
Perry said he would consider it and told the prosecution to hold off on
releasing the inmate interview once they get it.



CASEY WALKS IN: Images | Video

Casey walked into the court around 1:55pm wearing a pink, long-sleeve,
button-down blouse and grey slacks; her hair was noticeably longer (images | raw video).
She sat next to lawyers Jose Baez and Cheney Mason.Judge
Belvin Perry advised the court that the first issue to be heard is one
involving Texas EquuSearch. Judge Stan Strickland had previously ruled
on a defense motion seeking the names of all persons involved in the
EquuSearch efforts in the search for Caylee (read previous order).Baez
then asked Judge Perry if he could speak with him before they started.
After about 15 minutes of speaking with their microphones off, Judge
Perry announced that Baez would be dropping his motion, but said that
Baez and EquuSearch attorney Mark NeJame need to work together so the
defense can see the EquuSearch records again.“They can inspect
those documents again, they can take notes. I will appoint a special
magistrate ... to supervise,” Judge Perry said.Next on the table,
Judge Perry said, was the motion regarding the 911 calls (read motion).
Jose Baez then called Cindy Anthony to the stand, where she was put
under oath. Lee Anthony was then ordered to leave the courtroom during
Cindy's testimony.



IMAGES: Casey Cries In Court

Baez began by questioning Cindy about the events of July 15, 2008, the day
she went to pick up Casey's car from the tow yard, establishing details
about what took place that day.“He told me the car smelled and
wanted me to follow him home,” Cindy testified Thursday afternoon,
referring to her husband. "I followed George back to our house."Cindy said they
then took the car back to their home on Hopespring Drive.“He told me it smelled
like something had died,” Cindy told Baez, again referring to her husband.Baez
continued to question Cindy on the specifics of that day, establishing
a time frame for both picking up the car and for locating Casey later
that day at Tony Lazzaro's home. Cindy said Amy Huizenga was the one
who told her where Casey was.“I probably told Amy that we found Casey’s
car at the impound,” Cindy said. "I asked her if she had seen Caylee."Cindy
said she and Amy then went to Lazzaro's apartment to get Casey."I
wouldn't let her get anything except her shoes," Cindy said. "I don't
think I ever spoke to Casey about the car [at that time]."Cindy told
Baez that they then drove around with Casey with the hopes of getting Caylee.
"It seemed like forever [that we drove around]. It seemed like all evening," Cindy said.Cindy
said they then drove into the parking lot of a police annex, but there
was no one there. It was at that time, Cindy said, she called 911 from
her phone. It was during that 911 call that Cindy told police Casey had
stolen the car, even though that wasn't entirely the case."Because I
wanted to speak to a police officer," Cindy said, explaining why
she said Casey had stolen the vehicle.Cindy
said they then went home and called 911 for a second time, but she
wasn't sure of an exact time frame for making that second call. Cindy
said Casey, Lee and her discussed the situation before calling 911.
"I never talked to Casey about the car," Cindy said.Cindy
said she made the second 911 call and told police she needed someone
arrested and that she needed help with a missing child."She made
it sound like they would be there whenever they could instead of they
would send someone right out," Cindy told Baez regarding her
frustration over their seeming lack of concern from dispatchers on the
second 911 call.Cindy told Baez she then began pacing, frustrated and concerned by the situation."I
overheard her say she hadn’t seen Caylee for 31 days," Cindy said. "I
was hysterical at that point ... I think once I asked her if it was
true I ran out and made the [third] 911 call."Baez then
approached the bench and gave Cindy a transcript of the third 911 call
to help her remember the exact wording of the call she made. Baez then
questioned Cindy on the specific date on which she last saw Caylee.
Cindy had, at various times, said the last time she saw Caylee was June
7 or June 8, but video of Caylee with Cindy's father recorded on June
15 later surfaced.Baez asked Cindy if the reason for stating an
earlier date was to get quicker police attention, as she has told
media. Cindy said she wasn't premeditated in that choice of dates, but
was just saying whatever she could to get them to assist her.Cindy was
then handed over to prosecutors for cross-examination."You fully believed
that your daughter had had contact with [Caylee] after June 15?"
attorney Linda Drane-Burdick asked."Yes," Cindy replied."The
words that you used to describe the smell in the car was 'dead body,'"
Drane-Burdick said. "You've told law enforcement that on several
occasions you have had contact with dead bodies.""Only in the morgue,
" Cindy said."... that you've smelled dead tissue and it smelled bad?"
Drane-Burdick asked."Yes," she said.Drane-Burdick
then continued that line of questioning, pointing out the numerous
times Cindy has commented on her knowledge of and experience with dead
bodies and flesh."After you had located your daughter Casey, you
had no telephone contact with George," Drane-Burdick said, establishing
that Cindy didn't talk to George at any point before or during the
period of time during which she made the three 911 calls."Correct," Cindy said.
"When you found Casey, Caylee was not with her?" Drane-Burdick asked.
"Yea, she was with Zanny," Cindy said."And
you certainly had no idea or thought that Caylee could be deceased and
that there could be a connection between that and the smell in the
car?" Drane-Burdick asked."Correct," Cindy said.Drane-Burdick
then began asking specific questions regarding the 911 calls,
confirming Cindy's reasons for saying there was grand theft committed
and that Casey had stolen from her. Cindy said that when they got home
after making the first call from the police annex, Lee spoke with Casey
and Cindy hoped that he would be able to get through to her, but he
couldn't."I don't think Lee wanted me to call the police," Cindy
said. "I'm not sure if I made it on the house phone or the cell phone.
I'm not sure if I made [the second] call from the living room or the
bedroom or where.""The only thing wrong at that point was that Casey
wouldn't take you to Caylee?" Drane-Burdick asked."Correct," Cindy said."At that
point, in your mind, it was only a possibility [that there was a missing child]?
" Drane-Burdick asked."Correct," Cindy said."After
you make the [second] call, you overhear your daughter saying she
hadn't see her daughter for 31 days?" Drane-Burdick asked."Yeah, she
was crying," Cindy said."You're first reaction to that is panic, can't think,
don't know what to do. Is that right?" Drane-Burdick asked."Correct," Cindy said."Prior
to actually making that [third] call, you were yelling at Casey, trying
to get information from her. Correct?" Drane-Burdick asked."Correct," Cindy said.
"You now wanted [police] there because you wanted Caylee found?" Drane-Burdick
asked."Yes and it had seemed like an hour since the last call," Cindy said."Very
early on into the call, you turn the call over to your daughter,"
Drane-Burdick said, suggesting that it was at that time in the call
that Cindy connected the smell in the car to Caylee gone."If that's where
my mind went to, yes," Cindy said. "I don't know how the mind works when
you're under stress."Cindy,
during the cross-examination, shocked the courtroom and a hush fell
over the crowd when she said she still believes Caylee is alive, a year
and a half after she held Caylee's funeral service.Around
3:35pm, Drane-Burdick wrapped up her questioning and Judge Perry called
for a 15-minute recess. Upon returning, Baez will be able to again
question Cindy.After the recess, Baez began follow-up questions."When
you made these statements to law enforcement that you have smelled dead
bodies, this was later on, past July 13th, Correct?" Baez asked."Correct," Cindy replied.
"After smelling this smell, you still believed Caylee was alive?" Baez asked."Correct," Cindy said."When
you made these statements to law enforcement that you had smelled a
dead body ... that was because you wanted them to know the smell that
you smelled was difference than that of a dead body," Baez said."Yeah, I guess,"
Cindy said."And why did you tell them this? It's because you wanted them
to be searching for a live kid," Baez said."Correct," Cindy replied.Just
before 4:00pm, Cindy was relieved from testimony and Lee was called to
the stand. At the same time, Casey could be seen breaking into tears (see images).
Prosecutors then began their questioning of Lee."I just tried to reason with her,
reason with Casey," Lee said of the situation when Casey was brought home by
Cindy.Lee told the court he didn't hear the second 911 call Cindy was making and
he went to talk to Casey about the situation."I went in there to say this didn't make
any sense," Lee said. "Just kind of trying, you know, another last ditch effort."
"Did you then engage in a role playing situation where you acted as a police officer?"
Drane-Burdick asked."Yes," Lee said. "I was just trying to say, 'This is what's going to happen.'
What's going to fly with my mom isn't going to fly with a police
officer."Lee said that his questioning of Casey, though it seemed to be getting
somewhere, was cut off when Cindy returned."She
came through me to come into the room and just simply said, 'What's
going on?'" Lee said. "Casey reiterated that she hadn't seen Caylee in
31 days ... [Cindy] was very angry."Lee said Cindy was yelling at Casey and punched
the bed."Frantic, angry, at times at a loss for words, because she kept repeating herself," Lee said.Lee
said it was soon thereafter that Cindy made the third 911 call. He said
he wasn't present for that call and didn't hear it at the time and was
instead with Casey asking her questions.However, Drane-Burdick
then pointed out that Lee previously testified that he could hear the
911 call Cindy was making. With that, the prosecution ended their
questioning and defense attorney Cheney Mason began questioning Lee.
"There was nothing going on to interfere with you having this private conversation with
your sister?" Mason asked."My sister's information is more important than
the call my mom was making," Lee said.The
questioning of Lee ended around 4:20pm, having lasted much less time
than the questioning of Cindy. As Lee stepped down, Cindy's work
supervisor, Debbie Polisano, was brought forward to testify with Mason
doing the first questioning."That they found the car in the impound lot," Polisano said.
"She told me there was a terrible, terrible odor in the car."Mason then asked Polisano
if it was George who told her how the car smelled."She didn't say George told her that,
she just said they both knew that," Polisano said. "I told her to go home."Polisano
said she told Cindy to call the police, but that she didn't while in
her presence. She said that she sent Cindy home, but she later returned
to work."Did you have to exercise some persuasion to convince her to leave work
to go home?" Mason asked."I went and got my boss and had her tell
her to go home," Polisano said.The
prosecution declined to question Polisano and at 4:25pm she was allowed
to step down. Mason then began the defense's arguments to disallow the
911 calls as hearsay."She goes to get the car, has some
discussion about odor in the car, goes back to work, now that's not an
excited utterance situation," Mason said.Mason argued that
Cindy's statements about the dead body were uninformed and that the
length of time between her 911 call statement and the first time she
smelled the car shows it's not an excited utterance, which would
provide an exception to being considered hearsay; the basis for the
hearsay exception of something considered an excited utterance is the
belief that a statement made under stress is likely to be trustworthy
and unlikely to be premeditated falsehoods.The prosecution then
argued that the third 911 call, where Cindy refers to the smell of a
dead body in the car was an excited utterance urged forward by the
realization that Casey hadn't seen Caylee for over 30 days.
Drane-Burdick went on to argue that Cindy Anthony had the background
and experience, which she restated Thursday, to recognize such smells.
Just before 5:00pm, Judge Perry announced a 10-minute recess. He said
he'd then return with a ruling.At 5:05pm, Judge Perry returned to the courtroom."The
court has before it a question of whether three 911 calls ... the
defense raises several theories. The first theory is these calls are
hearsay," Perry said, citing cases related to such a theory. "In this
particular case, we have three calls. The state has indicated that
calls one and calls two are not being offered for the truth of the
matter as asserted within ... testimony presented at this particular
hearing indicates ... it is quite evident ... that that statement was
made before there was time ... the statement was also made at the time
she was under the stress of learning that her granddaughter was missing
and no one knew where she was ... it's quite clear that the third call
fits the description of an excited utterance,"Perry went on to
state that the other two calls, as well, also were made under a
stressful situation and ruled that all three 911 calls are permissible
as evidence in the case against Casey Anthony and the motion was denied.
The defense wanted Cindy's frantic 911 calls kept out of the trial.
“There's something wrong," Cindy Anthony exclaimed in the 911 call two
years ago (hear it). "I found my daughter's car today and it smells like
there's been a dead body in the damn car."Cindy
Anthony has changed the story around her frantic 911 call three times.
Exactly two years ago, she frantically called 911 to report her
granddaughter, Caylee Anthony, missing.“Um, I have someone here
that I need to, um, be arrested in my home and there's a possible
missing child. I have a 3-year-old that's been missing for a month,”
Cindy told the 911 dispatcher.“A 3-year-old?” the dispatcher asked.
“Yes,” Cindy answered.“Have you reported that?” the dispatcher asked.
“I'm trying to do that now, ma'am,” Cindy replied.Prosecutors
argue the series of calls is the beginning of a string of lies Casey
told as investigators tried to figure of what happened to Caylee. An
even more distraught Cindy called dispatchers again.“We're
talking about a 3-year-old little girl. My daughter finally admitted
that the babysitter stole her. I need to find her,” Cindy told the 911
dispatcher.Once Cindy realized that Casey made up a story about
Caylee being with a nanny, and that Casey was under suspicion, she
changed her story twice. Cindy later said the smell she was so worried
about was just rotting pizza, even though there was no pizza in Casey’s
car.

RAW HEARING:
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