ORLANDO, Fla. — Prosecutors in the case against Casey Anthony released 586 pages Friday morning that contain FBI evidence and emails. The documents also contain information about evidence found in the trunk of Casey's car.
With mountains of evidence stacking against Casey Anthony, her lawyers are now trying to discredit some of it. WFTV looked through the 586 pages of newly-released evidence Friday.
DOCUMENTS: Read All 586 Pages Of Evidence VIDEO REPORT: Read All 586 Pages Of Evidence
The defense could use some of the FBI communications exchanged behind the scenes during the investigation to try to expose problems with the work. But investigators are being up front about it, which could diffuse any defense arguments.
Photos of some unspecified piece of evidence show a breach of the packaging. It's unclear whether the breach goes through and through, but the defense may try to get it thrown out or use it to create reasonable doubt.
"The defense will come back and say, 'Look jurors, the evidence was compromised regardless of what testimony you hear from the lab analysts,'" WFTV legal Analyst Bill Sheaffer said.
Sheaffer says the defense might try to make the same argument through FBI communications it specifically requested, which show crucial evidence from Casey Anthony's car trunk, including soil samples, pieces of trunk liner and carpeting, passed through a number of hands before it was tested by the FBI.
First it went to the FDLE lab, which sent it to the private Wuestoff lab in Brevard County, but since the FBI wanted to test all the physical evidence, it was then sent to them first.
"I believe the court's going to admit that evidence and just let the defense argue that it should not be given weight or credibility," Sheaffer said.
The new documents show the FBI tested Caylee's diaper bag and a blow up bed Cindy Anthony said had been at the nanny's house. The FBI is looking for DNA from anyone other than the Anthonys.
So far, there's no evidence Caylee's unemployed mother ever had a nanny.
WFTV also found something chilling about the last shirt Caylee ever wore. Prosecutors believe Casey could have chosen it to send a message.
Tattered among Caylee Anthony's scattered remains was a shirt with that said "big trouble comes in small packages." Investigators used the tag from her torn shirt to find a brand new one and later found photos of Caylee wearing it.
The new documents show the investigators believe Caylee was intentionally placed in the shirt because of what it read. Sheaffer says it could bolster a possible motive that Casey did it to punish her mother, who supposedly shifted her attention and affection to Caylee.
"That Caylee was almost a pawn, if you will, in this power struggle, love-hate relationship," Sheaffer said.
Sheaffer said the jury might not hear about that theory during the trial, but if Casey's convicted, prosecutors could use it to argue that she deserves the death penalty because the murder was so calculated, cold and cruel.
"Jurors want to know, especially in a case like this: Why?" Sheaffer said.
The new documents also show prosecutors wanted the measurements of the three pieces of duct tape layered over Caylee's face to make a computerized rendering. The two-inch-wide pieces are 9.5, 9, and 7.5 inches long.
The fact that investigators are so open about whatever happened could diffuse any defense arguments about conspiracy or cover-up.
As of Friday, 14,716 pages of evidence has been released.
Meanwhile, Casey's parents are having financial problems. Thursday, an Orange County judge signed paperwork ordering George and Cindy Anthony into mediation with Bank of America for their home on Hope Spring Drive.
That house is the last known place Caylee Anthony was seen alive.
WHAT'S NEXT IN THE CASE?
A hearing has been scheduled for June 1 concerning the defense team's fight to keep public records about Casey's visitors at the jail private and its request for Judge Perry to review some previous rulings made by Judge Strickland before he recused himself over questions about his conversations with a blogger.
DEFENSE FILES MOTION TO STRIKE
Casey Anthony's defense lawyers are complaining that prosecutors didn't give them notice before filing the legal reasons they plan to argue for a death sentence.
MOTIONS: To Strike | Forensic Discovery
A defense motion filed Thursday also claims prosecutors were not definitive about using all five of the death penalty aggravators and that they failed to indicate which evidence they plan to use to prove the aggravators.
Prosecutors say the murder was cruel, cold, calculated and premeditated, that it was a result of aggravated child abuse, and that Caylee Anthony was particularly vulnerable because her killer was her mother.
CASEY'S DEFENSE TURNS IN DEPOSITION SCHEDULE
WFTV obtained Casey Anthony's defense team's deposition schedule (read it) for the case.
DOCUMENTS: Depo Schedule | Extension Request | Judge's Order VIDEO REPORT: New Motions In Casey Case
Chief Judge Belvin Perry required both the defense and prosecution to turn in a detailed list of their remaining interviews to the court by Monday. The defense list has more than 40 witnesses, including FBI agents, Casey's friends and family members and members of the Orange County Sheriff's Office.
Also, the prosecution filed a motion Monday to say they could not meet the deadline (read it) , because the defense had not given them the list in time. They are requesting a 10-day extension.
Judge Perry also filed an order Monday regarding 10 pending death penalty motions (read it) . He is requiring the state to file a written response to those motions by June 16 and the defense must submit their replies by June 28.
PROSECUTORS LIST DEATH PENALTY REASONS IN CASEY CASE
Prosecutors filed a document (read it) Thursday afternoon telling the defense which legal reasons they're using to justify the death penalty in the murder case against Casey Anthony.
DOCUMENT: Notice Of Aggravating Circumstances
If Casey is convicted of murdering her daughter Caylee, prosecutors will argue five of the 15 possible aggravators to the jury.
The aggravators they are using are:
The murder was committed during aggravated child abuse, for which Casey is also charged
The murder was especially atrocious
The murder was committed in a cold, calculated and premeditated manner
The victim was younger than 12 years old
The victim was particularly vulnerable because her killer was her mother
CASEY CAN FACE DEATH PENALTY
Attorneys for Casey Anthony used colorful language in their fight to keep her off death row, but Tuesday they failed and the death penalty is still on the table.
"People don't say, you know, ‘She's a,' it's an impolite word, but, you know, ‘She's a whore, so she should die.' Right? They don't say that out loud. Oh, well, they do in the blogs, your honor," Casey's death penalty-qualified attorney, Andrea Lyon, argued in court Tuesday morning. "But they don't say that here in court ... but underneath, that is what's going on."
CASEY WALKS IN: See Images | Watch Raw Video CASEY CRIES: See Images | Watch Raw Video BILL SHEAFFER: Analysis Of Death Penalty Hearing JOSE BAEZ: Attorney's Comments After Hearing 05/11/10 HEARING: Part 1 | Part 2 | Part 3 | Part 4 COURTROOM PICS: Various Images Inside Court VIDEO REPORT: Casey Can Still Face Death Penalty READ: Defense Motion To Preclude Death Penalty
Judge Belvin Perry rejected several of the defense teams' arguments, including that the death penalty is sexist and that the prosecution was seeking it to bankrupt the defense.
Casey is the first mother ever in Orange County to face a possible death sentence for killing her own child. Prosecutors say that's because she's the first mother accused of premeditated murder who cannot blame mental illness for what she's done.
It was an emotional day in court for Casey. She cried during testimony and during a break. It was the second day in a row she's had to appear in court. Next May, she'll stand trial for allegedly killing her daughter Caylee.
Casey walked into the courtroom just a minute after 9:00am wearing the same tan, buttoned-down, long-sleeve shirt she was wearing during Monday's hearing (images | raw video). She was all smiles as she walked to the defense table and took her seat between attorneys Jose Baez and Andrea Lyon.
The death penalty discussion started with controversy as the prosecution argued against a witness the defense wanted to call to speak, saying that the witness was not previously listed and the prosecution had little time to prepare. Judge Belvin Perry, though, overruled and allowed the witness.
Casey Walks In Blurb 051110 CASEY WALKS IN: Images | Video Elizabeth Rapaport, a professor of law at the University of New Mexico School of Law, took the stand for the defense. Judge Perry granted her status as an expert on gender and its relationship to capital punishment.
As she testified on the subject of capital punishment and mothers, the state objected several times, each time overruled by Judge Perry. Rapaport spoke to issues dealing with women and capital punishment, their behavior and how that represented them, for instance hanging out with male strippers or partying, and said a mother who is perceived as "deviant" by a jury faces a difficult time in defending herself against criminal charges.
The prosecution then got an opportunity to cross-examine Rapaport, pushing hard to discredit her, suggesting that her qualifications don't justify her as an expert in the case. Prosecutor Jeff Ashton asked whether she had any evidence showing sexism was involved in the case against Casey.
"I certainly do not, I am not familiar, I am not overly familiar with this case. I've read a few press reports," Rapaport said.
At 9:45am, Rapaport stepped down from the stand.
"To not pay attention to all the press attention, all the discovery," Lyon told Judge Perry after Rapaport stepped down. "The media talking to anyone my client dated, your honor, is just part of this case."
Lyon tried to point out that the prosecution is unfairly trying to make a point, out of Casey's appearance in photos and her behavior, and that it somehow could be influencing the prosecution's decision to seek the death penalty.
"We can pretend, and be polite, and talk about aggravating circumstances," Lyon argued. "But sexist attitudes still exist ... it's driving the decision to seek the death penalty."
Casey Cries In Court BLURB 051110 CASEY CRIES: Images | Raw Video Then the hearing turned emotional for Casey.
"No matter what people have said about her, they all say that Caylee was happy and healthy," Lyon told the court as tears began to stream down Casey's face (images | raw video).
Casey wiped away the tears as Lyon continued and wrapped up her argument.
"We're asking your honor to take an unusual and a brave step ... that this gender bias has something to do with them seeking death in this case," Lyon concluded.
The prosecution was then given an opportunity to counter the defense's argument.
"[The] only support for this is Ms. Burdick's reference yesterday, after a question from the court about a photograph, as it being a photograph of the defendant scantly clad, that is the only reference," prosecuting attorney Jeff Ashton argued.
Casey broke down again after she heard how she's making history in Orange County.
"A mother premeditatedly murdering her child in the absence of any mental disorder is extremely rare. In fact, in my experience, this is the only one we've had here," Ashton said.
Ashton acknowledged that the judge has the right to deny the death penalty as an option, but argued that Casey's behavior is a relevant element to the case.
"She doesn't like that our law allows us to access the character [of the person on trial]," Ashton told the court. "To say that we are seeking the death penalty in this case solely because of her gender is not proven before this court and is patently absurd."
Then, after a brief statement from Lyon restating the defense's opinions, Judge Perry spoke.
"The court can only do that in rare instance," Judge Perry said regarding the defense's request to have the death penalty option tossed. "The burden of proof is on the defense, to prove that the state made the decision based upon those improper motives, i.e. gender bias."
Citing case law, Judge Perry said it's only in rare instances that a judge can overturn the state's desire to seek the death penalty.
"The fact that the defense has not met their burden in this case, the motion to preclude the death penalty for the impermissible gender bias, it will be denied. We'll take a 10 minutes recess," Judge Perry said.
"The defense is right that her behavior did not endear herself to the public at large," WFTV legal analyst Bill Sheaffer said Tuesday afternoon (watch full interview). "I doubt seriously, however, that the State Attorney's Office took that into consideration when they made the decision to seek the death penalty. The decision was based upon the evidence at hand."
CaseyTue 16 CaseyTue 16 COURTROOM PICS: Various Images After returning from the brief recess, Judge Perry spent little time hearing arguments before citing previous cases supporting his decision to deny two motions the defense filed seeking to have a statute dealing with Florida's death penalty ruled unconstitutional.
"The motion to declare Florida Statute 921.41 unconstitutional under Ring vs. Arizona, and the motion to declare that same statute unconstitutional for adequate appellate review, will be denied based upon prior Supreme Court decisions," Perry ruled.
The arguments then began over the Motion for a Statement of Particulars Providing Notice of Aggravated Circumstances. Essentially, the defense is seeking from the prosecution a list of the aggravating factors it intends to prove in the case to support their seeking the death penalty, should Casey be convicted.
"This pretensive ignorance is getting old," Ashton told Perry referring to the defense. "[Lyon] says she can't figure out what happened, what changed this case, that she can't figure out from 14,000 pages of discovery what is different ... for her to stand before you and say she can't figure this out is simply incredible ... should the court order us to comply, we of course will."
The aggravated circumstances are what the prosecution intend to use to convince jurors to sentence Casey to death if convicted. There are 15 possible reasons and prosecutors have said only six of them could apply and now they have to list which they intend to use if she is convicted.
The state of Florida intends to seek the "ultimate penalty" in this case, Judge Perry said. The judge then referenced a 2005 Florida Supreme Court decision regarding aggravating factors and agreed with the defense that there's a due process of law argument.
"Therefore, the court will order, within 10 days of today's date, the state will list ... the aggravating factors that it intends to prove," Judge Perry said. "As to the issue of reciprocal discovery ... because we have, uh, the catch-all, unlimited list of, uh, none statutory mitigating factors, the court at this time will deny the request at this time of the state of Florida of a list without prejudice. Both sides, according to the law … are required to give a list of the various witnesses. Whether we like it or not, death is different, therefore, the motion will be granted."
The judge then heard more arguments on another motion before citing two 1994 cases to support his decision.
"The state is correct. The court is bound by the 5th District Court of Appeals, therefore the court is denying the Motion for Protective Order, with respect to the penalty phase discovery given to the state of Florida," Judge Perry said.
A discussion then began on the defense's second Motion to Preclude the Death Penalty Procedures for Impermissible Prosecutorial Motives. However, before getting too far in the discussion, the state and prosecution began holding a sidebar conversation (meaning the public can't hear it) with the judge regarding specifics surrounding the motion.
The defense tried to convince Judge Perry that the decision to seek the death penalty against Casey had nothing to do with the discovery of Caylee's remains down the street from her house showing the murderer put three overlapping layers of duct tape over her nose and mouth, but that it was all about money.
"There was a motive that the state had to break the defense," Lyon said. "I am aware that the defense has a burden here and we would ask that you grant our motion."
The prosecution then argued that for the defense to suggest that their interest in seeking the death penalty is out of a plan to bankrupt the defense is untrue.
"There's nothing in this record that would tend to suggest that the state sought the death penalty for any improper motive. It's the third one we've had alleged. The record does not support and the court should deny the motion," Ashton argued.
"The second motion to preclude the death penalty ... will be denied. The defense has failed to meet its burden of proof," Judge Perry ruled.
WFTV asked Baez whether it was possible the duct tape and other evidence with Caylee's remains put the death penalty on the table.
"They still don't know when that duct tape was placed there, who placed it there and how it was placed," Baez said after the hearing (watch full interview).
With the motions for the day heard, Judge Perry looked forward to what's to come.
"Now, there's about eight to 12 death penalty motions left," Judge Perry said, as he concluded the hearing. "I will give the defense five days to list, to be sure which ones have not been ruled on, and then I'll give the state 10 days."
After hearing back from the defense on those stipulations, Perry decided to the give the defense seven days, after which the state will get ten days to respond.
At 11:27am, after around two and a half hours, the hearing ended.
On Monday, Casey's attorney Jose Baez did not want to bet on his chances that new presiding judge Belvin Perry will take the death penalty off the table, and it's a good thing because he would have lost money.
"I'm not Las Vegas, or anything like that. I'm not a bookie, I couldn't tell you," said Baez.
Tuesday morning, Baez had to step aside because he is not qualified to try death penalty cases alone. Chicago-based attorney Andrea Lyon once again was fighting to keep Casey from serving the death penalty if she is found guilty of murdering her daughter Caylee.
"I completely and totally trust on her and her position," Baez said Monday.
The defense's position is that Casey should not be put to death because prosecutors cannot prove she killed her daughter in a cold, calculated and premeditated manner. However, prosecutors argue Caylee Anthony's killer had to use physical force or chemicals to subdue the child, because otherwise she would have been able to remove the three pieces of duct tape found covering her nose and mouth.
The defense says, all that aside, the death penalty in Florida is flawed, but Casey's attorneys did not offer up specific reasons why.
"There are some serious problems with it. Obviously, the death penalty here doesn't work," Baez said.
Casey's defense team believes that jurors hearing death penalty cases are more likely to convict. However, to this point, there has not been any mention of specific Florida cases that would back up that notion.
Previous Stories: May 20, 2010: Casey's Lawyers File Motion To Strike In Case May 19, 2010: Casey's Defense Turns In Deposition Schedule May 13, 2010: Prosecutors List Death Penalty Reasons In Casey Case May 11, 2010: Judge Says Casey Anthony Can Face Death Penalty May 10, 2010: Casey Trial To Be In Orlando With Out-Of-Town Jurors May 6, 2010: Judge Won't Seal Casey's Defense Spending Records
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