Attorney Files New Motions To Block Testimony

Defense wants Casey Anthony's sexual history excluded from trial

6:45 p.m. EST, December 21, 2010

Casey Anthony
defense attorneys filed a series of motions late today designed to keep
statements and evidence they claim may prejudice their client out of
the upcoming first-degree murder trial.
Among the statements they want blocked from entering the trial: Casey
Anthony's sexual relations with Anthony Lazzaro and Anthony Rusciano.
One motion filed today complains about detectives who interviewed
Rusciano "regarding his alleged sexual relationship" with Casey Anthony.
Defense attorneys Cheney Mason and Jose Baez call the questioning
improper and "not relevant or material to any issue in this case." It
goes on to say the questions and responses are "scandalous and
incompetent and should not be allowed in any aspects of this case."
The defense particularly takes
issue with detective Yuri Melich asking, "How was she when she had sex?
Was she one of those people that would be real clingy, or was it just
matter of factly (sic), or was it just okay, we're done, I'm going
home?"
The defense motion states "any prior sexual relationship between Mr.
Rusciano and Ms. Anthony is irrelevant to the charges in the present
case."
The motion regarding Lazzaro includes similar language and arguments.
Including testimony about their sexual relationship "would create a
danger of unfair prejudice" and failing to exclude it "would seriously
and irreparably undermine Ms. Anthony's right to a fair trial."
Casey Anthony, 24, is charged with first-degree murder in the death
of her 2-year-old Caylee Marie. Her trial is scheduled to begin in May.
The child's remains were found in a heavily wooded area not far from the
Anthony home in east Orange in December 2008.
The defense team filed six motions late today, seeking to block certain testimony from several witnesses, including her father.
The defense wants to block statements from George Anthony, asserting that Casey Anthony has "a history of lying and/or has a history of stealing."
Again, the defense argues such statements are not relevant and would unfairly prejudice their client.
"Ms. Anthony has been charged with capital first degree murder,
aggravated child abuse, and four counts of providing false information
to a law enforcement officer," the motion states. "Evidence that there
was a history of lying or stealing does not tend to prove any element of
the offenses for which she is charged and, thus, is inadmissible as
irrelevant."
The defense also wants the court to prohibit the prosecution from
introducing a "table knife" found in Casey Anthony's case and testimony
related to the knife.
"There is no witness, scientific, or forensic, evidence to link this table knife to any issue in this case," that motion states.
Yet another motion seeks to block the testimony of neighbor Brian Burner, regarding Casey Anthony's borrowing a shovel.
"The shovel has not been linked by witness or any forensic evidence
whatsoever to any aspect of this case and, accordingly, is irrelevant
and immaterial," the defense motion argues.
Burner told a detective in mid-July 2008 that during the week of June
16, 2008, Casey Anthony asked for a shovel to "dig up…um…a bamboo root
that she's been tripping over…and I agree. I said, 'Yeah I have a shovel
that you can use.'"
The defense motion states, "Evidence that Ms. Anthony borrowed a
shovel from her neighbor does not tend to prove any element of the
offenses for which she is charged and, thus, is inadmissible as
irrelevant."
Finally, in a sixth motion, the defense wants to prohibit testimony
from Texas EquuSearch President Tim Miller and his "opinion" to a
detective and others that Casey Anthony on certain occasions was "about
to mark on a map where the body was."
Anthony's attorneys say discovery provided by the prosecution
indicated their client was questioned at home about Caylee Marie and
shown a map. "She was asked to mark where [the] body would be found,"
the motion says. "She did not respond."
Any reference to the map and the request must be excluded from the
trial to protect her right to a fair trial, the defense argues.
For each of the motions filed today, the defense is asking for a
response from the state and hearing on the issues. The defense said it
also reserves the right to renew the motions at trial.
http://www.orlandosentinel.com/news/os-casey-anthony-late-motions-20101221,0,5940939.story